HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 24 May 2016
PLAN: 01 CASE NUMBER: 14/04872/FULMAJ GRID REF: EAST 425268 NORTH 462695 APPLICATION NO. 6.61.166.FULMAJ DATE MADE VALID: 09.01.2015 TARGET DATE: 06.03.2015 REVISED TARGET: CASE OFFICER: Mr Andy Hough WARD: Lower Nidderdale
VIEW PLANS AT: http://uniformonline.harrogate.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=NFDZMTHY08R00
APPLICANT: E.H. Crack & Sons Ltd
AGENT: Robbins Associates
PROPOSAL: Conversion of mill to form 3 dwellings, conversion of 2 tannery buildings to form 2 dwellings with erection of single storey link and two storey extension, erection of 2 dwellings, associated parking and clear up of contaminated tannery pond by means of cementations’ solidification. (Site Area 0.8ha)
LOCATION: E H Crack Co Ltd High Mill Shaw Mills Harrogate North Yorkshire HG3 3HY
REPORT
SITE AND PROPOSAL
The application site is located at High Mill, Shaw Mills Harrogate. The site is a former Mill that was previously last used as a Tannery. The site is currently vacant and is falling into disrepair. To the south of the Mill complex is the former Mill Pond that has become contaminated through the use of the site as a tannery.
Shaw Mill is not in the Nidderdale Area of Outstanding Natural Beauty (AONB), but is set within a steep sided valley in an attractive landscape area. High Mills is set further up the valley than the main body of the settlement, and is accessed via a narrow road with limited passing spaces. The mill is served by Thornton Beck, which passes alongside the narrow road. Adjacent to The Mill is a row of stone terraced former mill workers cottage.
Due to the topography, the existing cottages are set at a lower level than the Mill and associated yard area to the northeast; the rear boundary wall is about 500mm high on the yard side but equivalent to at least one and a half storeys on the garden side. There are five main buildings on the application site; the main mill building (with extensions to the north); a large brick clad extension to the east; a derelict building to the north east; a small out building west of the mill, and; a small outbuilding to its southeast (with lean-to of poor construction and small link to the adjacent building).
The main mill building is a three storey building of stone with slate roof. To the rear are various extensions clad mainly in profiled cladding with some brickwork at lower level, and roofed in profiled sheets. The brick clad building to the east is of poor proportions, its form and large windows resulting in a building that does not respect the mill building and presenting poor composition. It has no aesthetic value. The large high stone wall of a former derelict building has very little aesthetic value. The two smaller buildings west of the mill are of stone with slate roofs, and despite some alteration have some aesthetic value.
The proposal represents the conversion of the three storey mill building to form 3 dwellings, conversion of the two tannery out buildings to form 2 dwellings which will include the erection of a single storey link and two storey extension. The existing brick built extension to the mill will be demolished, together with the derelict structure. The applicants propose the construction of 2 dwellings to replace the demolished buildings. The existing yard will accommodate the associated parking arrangements to serve the site. The dwellings will form six 3-bedroom units and one 4 –bedroom unit. The final element of the proposal involves the clear up of the contaminated tannery pond by means of cementations solidification.
Parking provision is to be provided for the development through the creation of a parking area to the north east of the Mill. Eighteen new parking spaces are to be provided to serve the development and adjacent units. Access is gained via a single width road way serving the site from Town Street. The access also serves the adjacent High Mill Cottages and dwellings to the north west of The Mill. The applicants propose the provision of two passing bays on the access road and the provision of parking bays to serve the site.
MAIN ISSUES
(1) LAND USE/PRINCIPLE (2) AFFORDABLE HOUSING (3) HOUSING MIX (4) HIGHWAY SAFETY (5) PUBLIC RIGHT OF WAY (6) VISUAL IMPACT (7) LANDSCAPE (8) RESIDENTIAL AMENITY (9) GROUND CONTAMINATION (10) ECOLOGY (11) FLOOD RISK ASSESSMENT (12) OTHER MATTERS
RELEVANT SITE HISTORY
None
CONSULTATIONS/NOTIFICATIONS Parish Council BISHOP THORNTON
NYCC Highways And Transportation Require the submission of further information in respect of passing spaces and resurfacing works of the access track
EHO Contaminated Land Provided the site is properly investigated and remediated the Chief Environmental Health Officer supports this proposal and therefore, if members are minded to approve this proposal, it is recommended that a CQ06 (ground contamination) condition be attached to any approval. The Environment Agency's conditions should also be applied.
Principal Ecologist There is currently an objection to this application on ecological grounds on the basis that no ecological information has been submitted in relation to the proposed decontamination of the tannery pond.
Comments are awaited upon the revised scheme , which includes survey work on the pond
DCS - Open Space Confirm a commuted sum calculation valued at £19519.71 This commuted sum comprises £6248.69 for Provision of Open Space Facilities and £13271.02 for Provision of Village Halls.
Conservation and Design Section See Assessment
Landscape Officer See Assessment
Housing Department No objections.
H.B.C Land Drainage Providing the scheme is constructed in accordance with The Flood Risk Assessment prepared by ARP Associates (917/01r2 dated February 2015) and the Environment Agency being satisfied with the proposals, then there are no objections to the scheme in principle
Yorkshire Water No objection subject to the imposition of conditions
Environment Agency - Dales Area Office Flood Risk Although some of the application site is located in Flood Zone 3, the proposed works are in Flood Zone 1. Therefore, provided that there is a minimum of a 30% reduction in surface water runoff from the site, as stated within the FRA, then we have no objections.
Recommend the imposition of conditions The British Horse Society The track that passes between the mill/tannery buildings is a public bridleway and is used regularly throughout the week by a variety of local riders and walkers.
No interference with the right of way should take place including any temporary obstructions whilst the development takes place.
Likewise, any intentions to resurface the bridleway should be discussed with ourselves and North Yorkshire County Council before commencement of any works.
Ramblers Association Group - Mr B Ellis No comments received
Planning Policy No comments received
Head Of Parks & Environmental Services No comments received
RELEVANT PLANNING POLICY NPPF National Planning Policy Framework LPC16 Harrogate District Local Plan (2001, as altered 2004) Policy C16, The Re-use and Adaptation of Rural Buildings LPC18 Harrogate District Local Plan (2001, as altered 2004) Policy C18, Extension of curtilages into Countryside LPHD13 Harrogate District Local Plan (2001, as altered 2004) Policy HD13, Trees and Woodlands LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPC02 Harrogate District Local Plan (2001, as altered 2004) Policy C2, Landscape Character LPC18 Harrogate District Local Plan (2001, as altered 2004) Policy C18, Extension of curtilages into Countryside CSSG1 Core Strategy Policy SG1 Settlement Growth: Housing Distribution CSSG2 Core Strategy Policy SG2 Settlement Growth: Hierarchy and limits CSSG3 Core Strategy Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt CSSG4 Core Strategy Policy SG4 Settlement Growth: Design and Impact CSC1 Core Strategy Policy C1: Inclusive communities CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt SPGRES Supplementary Planning Guidance, Residential Design Guide SPDHSE Supplementary Planning Document: House Extensions and Garages Design Guide SPDPVH Supplementary Planning Document, Provision for Village Halls in Connection with New Housing Development SPDPOS Supplementary Planning Document: Provision for Open Space in Connection with New Housing Development
APPLICATION PUBLICITY SITE NOTICE EXPIRY: 13.02.2015 PRESS NOTICE EXPIRY: 12.02.2015
REPRESENTATIONS BISHOP THORNTON AND WARSILL PARISH COUNCIL - do not object to or support the proposal but wish to seek the following safeguards in respect of planning application 6.61.166.FULMAJ, 14/04872/FULMAJ, High Mill, Shaw Mills:
That before any construction or redevelopment the following points are formally agreed by the contractors and acted upon as a first condition of planning permissions being granted.
1.That the lane (bridleway) up to and beyond the development is raised to an adequate standard to allow for the increase in traffic that both the construction phase and the later occupation of the dwellings will produce. 2.That the passing places on the lane are so constructed to allow for the safe passage of walkers, horses, domestic and commercial vehicles. 3.That the whole problem of access to the development is thoroughly assessed from the beginning of Town Street Shaw Mills, along the length of lane to beyond the High Mill Complex. 4.That consideration is given to the already heavily used and very narrow areas of Town Street Shaw Mills where on street parking already causes substantial problems for service and emergency vehicles
OTHER REPRESENTATIONS Nine Letters received objecting to the development on the following grounds:
1) Inadequate infrastructure – the single track between Town Street and the Mill is not adequate for the volumes of traffic generated by existing residents let alone a further 7 properties with additional residents, visitors, deliveries etc. (7) 2) The single width track is in poor condition with no passing places and is subsiding (5) 3) Amenities – there are none in Shaw Mills and the proposal does not afford any new amenities which the enlarged hamlet would benefit from (2). 4) Increased population, traffic and noise in a peaceful rural location (2) 5) Insufficient space for what is proposed alongside existing residential property i.e. parking 6) Privacy of the adjacent cottages will become non-existent with the Mill having three floors 7) Where will the new occupiers park their vehicles? 8) The retaining wall to the rear of the Cottages has been neglected and is in need of repair, the wall in its present state will not stand heavy machinery. 9) Wish to see a parking area created as trade-off for the community as there is no gain for the public. 10) Increased conflict with pedestrians /cars and horses (the track is a bridleway) 11) Congestion created by delivery lorries. 12) An alternative access should be provided 13) The proposed passing bays will be inadequate and quickly used as visitor parking spaces 14) Farm traffic has already damaged property in the vicinity 15) Concern regarding potential increase in surface water run-off, causing flooding problems of Thornton Beck and flooding in Shaw Mills. 16) The clean-up of the contaminated tannery should be subject of a monitoring programme, as weather conditions may cause the material used to stabilise the contaminants to erode. It has been found that freezing and thawing has the most adverse effect on the durability of treated materials. Comments are also noted that: 1.In the event that the application is approved could consideration be given to a reduced scheme e.g. 2 or 3 dwellings?
2.An alternate access site during the construction period given the fragile nature of the bridleway between Town Street and the Mill
3.In the event no alternative could be agreed then upgrade of the bridleway before construction work begins.
4.Post construction confirmation that the access road will be fit for purpose i.e. properly surfaced with passing places (if it can’t be widened) and with the benefit of speed restrictors (e.g. speed bumps) to protect walkers, riders with horses, children, pets and wildlife.
5.Provision of bat boxes etc. and swallow nests to mitigate the inevitable loss.
6.The area around the Mill Pond should be cleaned up including the removal of piping and clearance of trees which currently block the view and light to existing property.
7.More Parking spaces should be allocated on the plans, to include visitor parking
8.The retaining wall needs to be strengthened and repaired to the rear of existing property.
Non Planning Issues include:
What compensation will be offered to residents who will be faced with many months of disruption, noise, dirt and traffic during the construction period?
What guarantees could residents expect in terms of potential damage to their property from construction vehicles e.g. collision damage to boundary walls or damage to buildings caused by vibrations from lorries passing close by
Since receipt of these comments amended plans have been received which provide passing spaces and additional parking for residents. These plans have been advertised and the following comments received:
Bishop Thornton and Warsill Parish Council As previously asserted Bishop Thornton and Warsill Parish Council still seek the following safeguards in respect of planning application 6.61.166.FULMAJ, 14/04872/FULMAJ, High Mill, Shaw Mills:
That before any construction or redevelopment the following points are formally agreed by the contractors and acted upon as a first condition of planning permissions being granted.
1. That the lane (bridleway) up to and beyond the development is raised to an adequate standard to allow for the increase in traffic that both the construction phase and the later occupation of the dwellings will produce. 2. That the passing places on the lane are so constructed to allow for the safe passage of walkers, horses, domestic and commercial vehicles. 3. That the whole problem of access to the development is thoroughly assessed from the beginning of Town Street Shaw Mills, along the length of lane to beyond the High Mill Complex. 4. That consideration is given to the already heavily used and very narrow areas of Town Street Shaw Mills where on street parking already causes substantial problems for service and emergency vehicles
In the years since this application was first submitted to HBC the lane (bridleway) has seriously deteriorated. Any building work to High Mill will only cause further damage to the lane making it difficult for residents to gain access to services such as rubbish collection and fuel deliveries, essentials for everyday life.
One letter received on the following grounds:
Since the original comments have been submitted, the lane from Town Street to the mill has deteriorated quite significantly. There will need to be a survey carried out on the lane and repairs made before any development at the mill. A goods vehicle delivering stone to the new house at the end of the lane fell into the ditch at the side of the lane this month. This caused the edge of the lane to collapse and as a result it is now much narrower.
VOLUNTARY NEIGHBOUR NOTIFICATION The applicant notified the occupiers of Nos 1-6 High Mill, Shaw Mills of the application and a public consultation for local residents and other interested parties was held in January 2014. Comments /Responses included: i. Need to strengthen and widen access road ii. Pond contamination requires further explanation. iii. Integrating parking within the mill –although advised that this would detract from the character of the heritage asset. iv. Could Parking be provided upon the pond – Development in the open countryside – unlikely to be viewed favourably? v. Planning application timescales queried vi. Affordable housing need- not required vii. Traffic management /restricted access requested along access road. viii. Property values ix. Residential amenity x. Structural impact of the development on neighbouring properties xi. Heritage asset - a report will be submitted in support of the application. xii. Ecological impact xiii. Traffic Calming measures will be required on the access road. Residents’ most significant concern was the provision of car parking associated with the development and loss of areas north of the cottages in which to park residents existing vehicles. As a consequence land has been made available for additional car parking for the existing residents.
ASSESSMENT OF MAIN ISSUES (1) LAND USE /PRINCIPLE - Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. The Development Plan The relevant development plan for the determination of this planning application comprises the Harrogate District Core Strategy (CS) and the Harrogate District Local Plan: Saved Policies.
The Harrogate District Core Strategy (Core Strategy) was adopted on 11th February 2009, superseding a number of policies of the Harrogate District Local Plan, and forms part of the Local Development Framework, setting out the vision and the strategic policies for development and conservation in the Harrogate District up to at least 2021.
The Harrogate District Local Plan (HDLP) - The HDLP was adopted February 2001 and incorporates the Selective Alteration to the Local Plan adopted May 2004.
The above documents contain the relevant planning policies listed in the report, and are also supported by adopted supplementary planning documents.
The application site is located within a countryside location as defined by Core Strategy Policy SG3 and beyond the built up confines of an existing settlement. The proposal represents the conversion of the three storey mill building to form 3 dwellings, conversion of two tannery buildings to form 2 dwellings with erection of single storey link and two storey extension, the erection of 2 dwellings, associated parking and clear up of contaminated tannery pond by means of cementitious solidification. Parking provision is to be provided for the development through the creation of a parking area to the north east of the Mill. Access is gained via a single width road way serving High Mill Cottages and, the former Mill and dwellings to the North West.
The National Planning Policy Framework March 2012 (NPPF) sets out the Government’s planning policies for England and how these are expected to be applied. Planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework is a material consideration in planning decisions.
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’.
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 council’s Strategic Housing Market Assessment (SHMA), published September 2015, provides information on objectively assessed housing need. 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 7.2 year supply of housing land, including a 20% buffer. 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’.
However, although the Council can demonstrate a five year supply of housing sites, it is important that it is maintained. Whilst the proposed scheme lies outside the development limit and is therefore classified as countryside where, under policy SG3 of the adopted Core Strategy, there is strict control over development; the maintenance of the supply is material to the consideration of this application. It is acknowledged that in order to maintain housing supply, it is necessary to permit residential development beyond the development limit of settlements
Whist the majority of the proposed development would constitute conversion of existing buildings and is thus supported by both the NPPF and the saved HDLP Policy C16, the scheme does include an element of new build on the footprint of an existing brick built extension to the main Mill building.
The NPPF identifies that in order to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the viability of rural communities and gives an example that, where there are groups of smaller settlements, development may support services in a nearby village. The advice is clear that new isolated homes should be avoided unless there are special circumstances. Such circumstances would include the re- use of redundant or disused buildings where development would lead to an enhancement to the immediate setting.
The Mill Buildings, although not listed, are considered to be of high historic value because they are intrinsic to the development of the settlement; they illustrate important aspects of industrial history, aiding interpretation of the past. The development of the site will clearly represent the re-use of currently disused rural buildings and result in enhancement of the immediate setting by bringing back into use these currently derelict buildings.
The broad land use principle of development can be supported.
(2) AFFORDABLE HOUSING - The Valuation Surveyor at the Council carried out a financial viability assessment on this site and concluded that affordable housing was not viable in this case, due to the costs associated with the renovation works.
(3) HOUSING MIX - The scheme provides for a total of 7 residential units comprising six three bedroom units and one four bedroom unit. The 2015 SHMA identified that the focus of new market housing across the District to be on the provision of two and three bedroom units. Paragraph 50 of the NPPF seeks to ensure that local planning authorities plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community.
On 15 July 2015, the Council approved an interim policy on Housing Mix. However a legal challenge has meant that the Council will not be relying on the interim policy in respect of the determination of planning applications. The Council still does however have a responsibility in discharging its planning responsibilities to create sustainable, inclusive and mixed communities: meeting housing needs of the District in line with the requirements set out in the NPPF. It is considered that the scheme, through the proposed housing mix , which includes mainly 3 bedroom units meets the requirement of both the SHMA and the NPPF.
(4) HIGHWAY SAFETY - The Harrogate District Local Development Framework Core Strategy Policy SG4 requires that the travel impact of any scheme should not add significantly to any pre-existing problems of access, road safety or traffic flow and should fully address the transport policies of the Core Strategy.
Policy TRA1 (Accessibility) seeks to reduce the need for travel and also improve accessibility to jobs, shops, services and community facilities. This is through focussing new development within the Districts main settlements and larger villages.
As recognised by both the Parish Council comments and those of local residents there is concern expressed regarding the access arrangements to the site. In consideration of the proposed development it should be noted that the existing building was a former employment generating site. If brought back into employment use, the site would generate traffic movements in its own right that would potentially result in the same congestion/parking issues highlighted by residents.
Since the original submission of the application, the applicant has amended the scheme through the provision of additional parking for residents and through the creation of additional passing bays on the single width roadway leading to the site. These amendments are considered to represent significant improvements to the access over and above the existing situation and/or the fall back situation of the site returning to employment use. Residents of Mill Cottages have very limited off street parking at present, with the majority of occupiers parking in an ad hoc fashion adjacent to the access lane.
Although the scale of development does not justify the submission of either a transport assessment or statement, the NPPF identifies that development should provide inter alia safe and suitable access for all people and that decisions should take into account whether or not improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.
The applicants have clearly provided benefit to users of the single width lane (which is also classified as a bridleway) through the provision of passing bays and additional parking bays for residents. The scheme now provides for 18 parking spaces. It is acknowledged that the access is not ideal but it has been improved.
The highway authority have been consulted and have identified the poor state of the existing lane will require repair, but do not object to the application subject to the imposition of conditions.
(5)PUBLIC RIGHT OF WAY - The access drive serving the site is classified as a Bridleway. The saved Harrogate District Local Plan Policy R11 seeks to ensure that when considering development that affects existing public rights of way , these rights of way and opportunities they afford for informal recreation should be retained. The policy advises further that development that would result in harm to the character or recreational and amenity value of existing rights of way and do not involve satisfactory diversion of the route will not be permitted. The proposed development retains the existing route, although it is acknowledged there will be some ‘apparent’ increase in traffic, should consent be granted, given the length of time that the Mill has been unoccupied for commercial use. Passing places are to be provided to provide safe refuge, which do not exist at present.
Harrogate Bridleways Association identify that no interference with the right of way should take place including any temporary obstructions while the development takes place.
Likewise, any intentions to resurface the bridleway should be discussed with the Association and North Yorkshire County Council before commencement of any works.
North Yorkshire Footpath Officer has no objection to the scheme subject to the imposition of an informative to protect the route from obstruction.
It is concluded that subject to the imposition of an informative safeguarding the route there is no conflict with the policy.
(6) VISUAL IMPACT - Policy SG4 ‘Settlement Growth: Design and Impact’ advises amongst other criteria for development to be integrated with and complementary to local spatial qualities as well as being appropriate to form and character. Saved Local Policy HD20: Design of New Development and Redevelopment sets out design advice and requires new development to make a positive contribution to the spatial quality of the area, and their siting and design should respect the area's character and layout.
These policy objectives are generally consistent with the Framework’s emphasis on achieving high quality outcomes and the promotion of local character and distinctiveness. The redevelopment of the site is considered consistent with a key objective of the NPPF to conserve heritage assets in a manner appropriate to their significance, so that they can be continued to be enjoyed for their contribution. In this instance although not listed the building is considered of local interest and contributes to the industrial heritage of the village in a positive manner.
The scheme as previously identified consists of three distinct residential elements, involving the conversion of the main mill building, the conversion and extension of the outbuildings and finally the demolition of the attached brick built extension and replacement with new build dwellings, these are dealt with in turn within the following paragraphs.
MAIN MILL and OUTBUIDLINGS
The main mill is undoubtedly the most dominant building of the existing group of structures on the site and as a scheme of conversion is primarily considered against the provisions of the saved Harrogate District Local Plan Policy C16.
Policy C16 seeks to ensure that outside the development limits of settlements all proposals for the re-use and adaptation of rural buildings should have regard to the following:
The proposal, by virtue of any physical changes, access and servicing arrangements, and the level of activity associated with the proposed use, should not harm the character or appearance of the countryside or of the building itself.
Any proposal for residential use will not be permitted where:
The building is not of a permanent and substantial construction, and is not of a type capable of conversion to the new use without requiring extensive alteration, extension, demolition and/or rebuilding works; or An associated residential curtilage would harm the character or appearance of the countryside; or The premises are suitable for business use and there is an identified local need for business premises; or
There is a local need for affordable housing, the building is suitable for such purposes and satisfies policy H5, and the proposal is not an affordable housing scheme.
The sites location, current access situation and proximity to existing residential property ensure that the site cannot be considered suitable for continued employment use and as such alternative uses of the site can be considered. It should be noted however that internal studio/workspace is provided within the ground floor of the three units within the main building. These are located adjacent to the access drive serving the proposed parking areas, where amenity would be limited. The housing officer has confirmed on viability grounds that there is no requirement for affordable housing provision.
The buildings are clearly of a substantial nature and their presence is the main feature and reason behind the character of the locality. The Mill has shaped the character of the immediate locality, including the adjacent Mill Cottages.
The main mill building is a three storey high building of stone with slate roof. To the rear are various extensions clad mainly in profiled cladding with some brickwork at lower level, and roofed in profiled sheets. The main building is built utilising two constructions of matching width and height. In the latter part, windows are symmetrically arranged throughout, however the larger, earlier building has asymmetrically arranged windows. Typical of mill buildings the windows are generous in size and there is a high proportion of window to wall on the eaves walls, with fewer openings (generally access doors) on the gables. The building can be immediately identified as a mill, its scale; materials, external appearance and overall character contribute strongly to the character and quality of the area.
It is considered that the conversion of the Mill, due to the minimal intervention approach adopted towards its conversion, utilising existing openings thus retains the presence of an industrial building. The building is retained as the dominant feature of the group. The later lean to outbuildings located to the rear are stripped away to reveal the former façade of the structure. The removal of the unattractive lean to, which is clad in profile sheeting, is welcomed.
The two smaller out buildings west of the mill are of stone with slate roofs, and despite some alteration have some aesthetic value. The outbuildings are not in as good a condition as the main mill and over the lifespan of the application, there has been a partial collapse of a small section of the roof. Nevertheless the outbuildings are substantially complete and again are considered to be worthy of conversion to retain this character of the important group of buildings. It is necessary to construct an extension to facilitate the conversion of the buildings, but this is not considered detrimental to the character of the host building. The conversion element of the proposal is considered consistent with the aims of Policy C16. The policy does in itself allow extension, provided that this is not considered extensive. Taken as a whole and having regard to the demolition of the less attractive features of the mill, the extension and link structure is considered acceptable to secure the conversion works.
New Dwellings
The new dwellings are to be sited on the approximate footprint of an existing brick building of no architectural merit. The brick clad building has some historic interest because it indicates the development of the building into the 20th century, but this is not of high historic value. It is proposed to demolish this building to allow the two new build structures. The building to be demolished does not lend itself readily to conversion under the requirements of Policy C16.
Whilst the NPPF seeks to avoid isolated new development in the countryside, this is not the case in consideration of the scheme. The dwellings would form part of an existing knot of residential units that have developed as a consequence of the presence of the mill and ensures that the development meets the aim of the NPPF through optimising the use of the whole plot ensuring the most efficient use of this brownfield site.
The new buildings have been designed so as to compliment the main mill building and would enhance the immediate setting by retaining the built form of the site. The units are of two storey construction and despite the local topography of the site, have been designed so as to appear subservient to the main mill building. It will be necessary to impose a condition to secure the removal of the fascia boards, which are not considered appropriate to the locality.
The site is self-contained by existing boundary treatment and as such the creation of domestic curtilages to serve the development would not adversely impact upon the amenity of the area.
The scheme, subject to appropriate conditions, is thus considered to retain the local distinctiveness of the former mill complex and would not have a harmful impact upon the visual character or amenity of the locality. The development complies with Policy C16 and EQ2.
(7)LANDSCAPE - The Harrogate District Landscape Character Assessment (HDLCA) is used in support of ‘saved’ Policy C2 and the site lies within Area 25 known as Thornton Beck Vale Fringe Grassland. This is a diverse area where landform is varied with undulating grassland fields incised by the small-scale valleys of Thornton Beck and Lurk Beck.
The site comprises a collection of redundant buildings including the mill. The topography of the site rises approximately 10m from east to west. A row of ex-labourers terraced cottages are cut into the hillside and border the south west boundary fronting onto Town Street. Beyond the cottages there is a disused mill dam and sluice fed by the course of the Thornton Beck a watercourse linking to Shaw Mills.
Beyond the mill outside the site boundary to the north there are residential properties including those at ‘lower mill’ and a barn conversion on the opposite side of the valley. The site affords a generous cover of trees (including sycamore, ash, goat willow and hawthorn) to the northern part and the area is contained by a sloping embankment. Elsewhere the site is open to surrounding fields.
The landscape officer comments that details of the passing bays will need to be assessed regarding potential impact upon roadside walls and hedgerow trees and that there is concern regarding the loss of land to the north of the cottages for parking, particularly if this was to result in the loss of existing tree cover. Such impact would of course need to be balanced against the merits of the development through provision of a safer access to the site and contribution of the units towards housing supply. It is further noted that new tree planting would be required, particularly to the west and eastern boundaries of the site. It is considered that such details can be controlled by the imposition of a planning condition. The passing places are required to provide lines of sight, so as to be at their most effective. The two identified areas will require control through condition to ensure that appropriate landscape mitigation is incorporated into the development.
There is contamination on the site as a consequence of the tannery and remediation will be required. The landscape officer notes that the proposals intend to infill the existing tannery pond through cementitious solidification. This is not supported by the landscape officer, who states that the scheme should include for reinstatement of the pond to provide a natural habitat appropriate to the landscape character of the area.
The applicants have provided an interim remediation statement in support of the proposal, which identifies the contaminants in the mill pond. It should be noted that the pond has been used as a chrome sludge lagoon when in use as a tannery. The Environment Agency have identified that investigations confirm that the pond contains contaminated sludge and includes chlorinated solvents and metals. At present, groundwater seasonally enters the lagoon and flushes contaminants out into the surface water. Additionally the retaining wall for the lagoon is known to be degrading. The lagoon requires remediation to prevent any future significant pollution of the surface water. Both the Environment Agency and Environmental Health team have no objections to the remediation of the pond, which without remediation poses an unacceptable risk to the environment.
The applicants propose landscaping of the pond/lagoon as part of the remediation process utilising native trees and shrubs to maintain habitat connectivity.
In the absence of any alternative measures to secure remediation of the pond, it is considered that in this instance, subject to the imposition of a controlling condition, that the need for infilling the pond on environmental terms, outweighs the harm to the landscape through its loss.
(8) RESIDENTIAL AMENITY - Policy SG4 ‘Settlement Growth: Design and Impact’ advises amongst other criteria for development to be integrated with and complementary to local spatial qualities as well as being appropriate to form and character, protecting and enhancing visual, residential and general amenity.
Saved Local Policy HD20: Design of New Development and Redevelopment sets out design advice and requires new development to make a positive contribution to the spatial quality of the area, and their siting and design should respect the area's character and layout, and the privacy and amenity of nearby residents and occupiers of adjacent buildings. Supplementary planning guidance is contained in the Residential Design Guide and its companion the House Extensions & Garages Design Guide, which highlights the need to protect the privacy of neighbouring residents. In particular, Chapter 9 addresses 'neighbour effect' and Appendix D contains detailed guidance on the relationships between buildings.
Clearly existing residents of Mill Cottages will experience a change in the immediate character of the locality through the conversion of the Mill building from an industrial/commercial usage (albeit currently vacant and falling into disrepair), to a residential use, however this need not be considered a reason to justify refusal of the application.
The scheme has been designed so that residents parking areas are to be provided to the immediate rear of the cottages, this land is at a higher level than the cottages and would result in undesirable overlooking if allocated to future residents of the scheme. Mitigation is provided through the intended end user and a condition can be imposed securing boundary treatment to provide an appropriate screen if members were minded to approve the application. The parking spaces are set away from the immediate boundary to aid mitigation.
Both the Mill and new build dwellings are sited at an angle to the existing cottages and as such there is no direct overlooking of the premises. Some overlooking of the rear amenity space will occur, but this would also occur if the building was still within commercial use.
Member’s attention is however drawn to the internal arrangement of the main mill building, which has been designed so that the main principle living room accommodation is located to the rear of the building. It is noted that where possible tertiary rooms and bedrooms have been sited on the Mill frontage. This approach is welcomed as it reduces the potential for overlooking and creates a better residential environment.
Given the relatively close built form of the development, it is considered necessary to remove permitted development rights for the new residential units. This would not only aid residential amenity, but also provide some control over historical context of the site.
(9) FLOOD RISK - The application is supported with a Flood Risk Assessment (FRA) that has been the subject of consultation with the Environment Agency (as consultation body at the time of submission). Consultation has also taken place with the HBC drainage Engineer and Yorkshire Water. The Environment Agency has confirmed that although some of the application site is located in Flood Zone 3, the proposed works are in Flood Zone 1(at lowest risk of flooding). Therefore, provided that there is a minimum of a 30% reduction in surface water runoff from the site, as stated within the FRA, then there are no objections to the scheme.
This view is supported by the HBC drainage engineer, who has no objection subject to the imposition of conditions.
(10) ECOLOGY - The scheme as originally submitted did not contain any ecological information in relation to the proposed decontamination of the pond and this resulted in an ecological objection from the Councils Rural Strategy Officer. Reports were however received for a habitat survey (Ecological Assessment Report by Haycock and Jay and similarly species surveys by Smeedon Foreman on the remaining site. The Rural Strategy Officer noted that once the ecological surveys have been extended to include the site of the tannery pond, the recommendations of the various reports will need to be brought together to ensure that protected and priority species and habitats are protected and mitigated for appropriately across the whole site during the course of development and for the redeveloped site in the longer term.
The applicants have now provided an additional Ecological Report that relates to the tannery pond. It is highlighted that the remediation process will cause the loss of all habitats currently within the site. A walk over survey identified that the majority of the site comprises a large open area of bare ground, consisting of blue/grey sludge created by the processes of the former Tannery to the north. Shallow ephemeral pools occur across the area of bare sludge. It is considered likely that the area as a whole will support standing water during the winter period. Located at the boundaries of the wet area are established borders of dense scrub, with some trees and non-natives, which are either garden escapes or have been purposefully planted. Adjacent to the west of the wet area is a small glade of species poor semi improved grassland. Located to the western section of the site is a small area of woodland, which adjoins to the dense scrub habitat. Tree species within the woodland canopy comprise sycamore, birch and oak, with the under storey including holly and hawthorn. Habitats within the site considered to be of value include the areas of woodland and dense scrub.
To mitigate for the losses of woodland and dense scrub habitats it is recommended that following remediation works the site is appropriately landscaped using native trees and shrubs. The recommended species mix would be similar to those recorded on site, such as birch, oak, alder, holly, hawthorn, dogwood and dog rose. This can be imposed as a condition of consent.
The site has been surveyed for protected species, which concluded that the potential for the existing pond to support Great Crested Newts is low to negligible.
In addition further survey work was undertaken in respect of the following species bats, Breeding Birds, Otter, Badger and other species. In this regard the report identifies that Invasive Signal Crayfish were detected.
The comments of the Rural Strategy officer are awaited on the extended survey area, which although accepted that all existing habitat will be lost, this did not impact upon protected species. On this basis it is considered that suitable mitigation and restoration can be controlled by condition.
(11) LAND CONTAMINATION - The application includes renovation of the former mill buildings and remediation of the tannery lagoon. Previous investigations have confirmed this contains contaminated sludge and includes chlorinated solvents and metals. The Environment Agency note that at present, groundwater seasonally enters the lagoon and flushes contaminants out into the surface water. Additionally the retaining wall for the lagoon is known to be degrading. The lagoon requires remediation to prevent any future significant pollution of the surface water. The applicants have chosen solidification of the lagoon. The environment agency have confirmed that they would have no objection to this method, although note that other remedial options may be possible on the site. Your officers have invited the applicants to investigate alternative methods; however these have not been presented as part of the scheme.
National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should also ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 121). On this basis the Environment Agency have no objection to the proposal subject to the imposition of conditions securing remediation of the lagoon.
The Chief Environmental Health Officer identifies that in addition to the Environment Agency’s conditions, further investigation should be undertaken in respect of ground contamination. The supporting Phase 1 report includes an historic search of the site and its former uses as well as the environmental setting of the site. The report identifies the previous contaminative uses and the contaminants likely to be present in the soils and in controlled water, there being a stream close to the pond. The assessment includes a risk assessment and conceptual site model which identifies that the risks to both controlled waters and to soil (and therefore human health) are moderate to high. A former landfill site in the vicinity of the site has also been identified and a site gas investigation study is also considered necessary as part of the site investigation work that will be required. On this basis the Chief Environmental Officer recommends the imposition of a ground contamination condition, in addition to those conditions recommended by the Environment Agency in relation to the lagoon.
(12) OTHER MATTERS - Yorkshire Water have confirmed that they have no objection to the development subject to the imposition of conditions which will require the site to be developed with separate systems of drainage and restrictions on surface water disposal (as identified by the Environment Agency in their response).
The scheme attracts a commuted sum of £19,519.71 comprising of £6248.69 for the provisions of open space facilities and £13271.02 towards village halls, the applicants have completed a signed Unilateral Undertaking in accordance with Core Strategy Policy C1.
SUMMARY In summary, it is considered that the broad land use principle of development is acceptable and although the site is located some 200 metres from the main built form of the village, it represents the conversion and re-use of an existing brownfield site, the new build units ensuring that the full development potential of the site is optimised.
The NPPF states that housing proposals should be considered in the context of the presumption in favour of sustainable development. Whilst the existing access is substandard, improvements are proposed, which will not only benefit the end users but also existing occupiers of the adjacent residential property.
The addition of seven new residential properties will help maintain the supply of housing in the District and will help meet the aims of the SHMA by providing the majority of three bedroom units. In this respect the scheme will have both an economic and social role. It is accepted that the scheme will result in the loss of a former employment site, but having regard to the last use as a tannery, current condition of buildings and restricted access, the loss of these premises to housing is not considered to be harmful, particularly as a consequence of the environmental improvement through the decontamination of the sludge lagoons. In the short to medium term there will be loss of habitat, but this can be mitigated through suitable mitigation measures and a restoration scheme following decontamination.
The buildings are of historical value and having regard to the above, the proposed development, which will encompass re-use of the main buildings, is considered to represent sustainable development and approval of the application can be supported.
CONCLUSION The proposed development represents the conversion of the former High Mill complex at Shaw Mills to form five dwellings together with the construction of two new build units. The site is accessed via an existing single width lane that will be upgraded through the provision of passing places. The development will be served by an extended car parking area providing eighteen spaces to serve the development and adjacent dwellings.
Having regard to the provisions of the National Planning Policy Framework the proposed development is considered to represent sustainable development, by bringing back into use a non-listed heritage asset that has historical and aesthetical value in the locality. The scheme of conversion is considered consistent with the provisions of the saved Harrogate District Local Plan Policy C16. The two new buildings to be constructed on the site of a brick outbuilding ensure that the most efficient use of the site is obtained as encouraged by the Framework. The resultant development will help maintain the Councils current housing supply and meet the needs of the 2015 Strategic Housing Market Analysis by providing the majority of units as three bedroom housing.
In addition the development will provide for the decontamination of the former Mill Pond which had become contaminated through the use of the site as a tannery.
In the absence of any material considerations of sufficient weight to set aside the provisions of the development plan and having regard to the National Planning Policy Framework, approval of the application can be supported.
CASE OFFICER: Mr Andy Hough
RECOMMENDATION
That the application be APPROVED subject to the following conditions:-
1 The development hereby permitted shall be begun on or before .
2 The development hereby approved shall be carried out in accordance with the submitted details as amended by other conditions of consent and the following amended plans received by Harrogate Borough Council on 18 March 2016:
Location Plan received 18 November 2014 1:1250 Passing Bays/Residents parking proposals Drawing No2004 141 30C Ground Floor Plan : Drawing No. 2004 141 20 D Proposed Plans Drawing No 2004 141 22F Proposed Plans Annex building Drawing No 2004 141 21C Proposed Elevations Drawing No. 2004 141 23D 3 Samples of the materials it is intended shall be used externally in the construction of the roof and walls of the new build dwelling hereby approved, shall be submitted for the written approval of the Local Planning Authority and the external walling shall not be started before any such approval. Thereafter the approved materials shall be implemented.
4 Prior to the commencement of the external walling of the two new build dwellings a sample panel of the type of stone to be used showing the proposed coursing and pointing shall be erected on the site for the written approval of the local planning authority. Thereafter the approved materials shall be implemented.
5 Prior to the commencement of the development hereby permitted the developer shall submit a method statement written by a competent structural engineer is to be provided for the works to the converted historic buildings to include: the removal of all floors and internal supports, structural repairs, underpinning, reduced external levels to north, new openings and new floor and roof structure. This should be accompanied with elevations marked up to show the extent of rebuilding and stitching, and sections to show the proposed levels, underpinning, new floor construction including supports and replacement roof timbers.
6 Notwithstanding the submitted details contained within the supporting Industrial Heritage Statement : all historic buildings on the site including the derelict building should be recorded to Level 4 in accordance with the guidance of the English Heritage Document 'Understanding Historic Buildings- A guide to good practice' (2008).
7 Details or specification of roof lights, which should be conservation roof lights laid flat to the roof and width not to exceed 550mm shall be submitted for the written approval of the Local Planning Authority prior to the commencement of the external walling of the development .
8 The window frames of the development hereby permitted shall be constructed in timber and no other materials shall be used without the prior written consent of the Local Planning Authority.
9 Prior to the commencement of the development , hereby approved , the developer shall submit for the written approval of the local planning authority
Sections through replacement windows in the existing buildings to show frames, sash details including glazing bars. The windows are to be set back in the reveals to match existing. Detailed sections of the windows in new openings and in new buildings to include the head, cill and jamb detail. Scale 1:10, ideally 1:5 Sections through new glazed screens to include the head, cill and jamb detail. Scale 1:10, ideally 1:5. Note these are to be set well back from the reveals. Sections through new doors ( as windows).
10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no extensions, garages, roof or dormer windows other than any expressly authorised by this permission shall be erected without the grant of further specific planning permission from the local planning authority. 11 Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other ground works, except for investigative works, or the depositing of material on the site until the access road to the site have been set out and constructed in accordance with the published Specification of the Highway Authority and the following requirements a. FULL details of the access road repairs before and after construction shall be agreed in writing by the Local Highway Authority, and installed to the satisfaction of the Local Highway Authority.
12 Notwithstanding the provision of any Town and Country Planning General Permitted or Special Development Order for the time being in force, the areas shown on site layout for parking spaces, turning areas and access shall be kept available for their intended purposes at all times.
13 A detailed scheme for landscaping, including the planting of trees and or shrubs and the use of surface materials shall be submitted to the Local Planning Authority and no development shall take place until the Local Planning Authority have approved a landscaping scheme; such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and the timing of implementation of the scheme, including any earthworks required.
14 In the event of failure of any trees or shrubs, planted in accordance with any scheme approved by the Local Planning Authority, to survive for a period of five years from the date of the completion of implementation of that scheme, such trees or shrubs shall be replaced by the developer with such live specimens of such species in such number as may be approved by the Local Planning Authority.
15 Prior to each phase of development approved by this planning permission no development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:
1) A preliminary risk assessment which has identified: o all previous uses o potential contaminants associated with those uses o a conceptual model of the site indicating sources, pathways and receptors o potentially unacceptable risks arising from contamination at the site.
2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.
16 No occupation of each phase of development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.
17 No development should take place until a long-term monitoring and maintenance plan in respect of contamination including a timetable of monitoring and submission of reports to the Local Planning Authority, shall be submitted to and approved in writing by the Local Planning Authority. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to and approved in writing by the Local Planning Authority. Any necessary contingency measures shall be carried out in accordance with the details in the approved reports. On completion of the monitoring specified in the plan a final report demonstrating that all long-term remediation works have been carried out and confirming that remedial targets have been achieved shall be submitted to and approved in writing by the Local Planning Authority.
18 If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.
19 Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until sections A to D have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until section 4 has been complied with in relation to that contamination.
A. SITE CHARACTERISATION An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to: * human health, * property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, * adjoining land, * groundwaters and surface waters * ecological systems * archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.
B. SUBMISSION OF REMEDIATION SCHEME A detailed 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 scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
C. IMPLEMENTATION OF APPROVED REMEDIATION SCHEME 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.
D. REPORTING OF UNEXPECTED CONTAMINATION 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 in accordance with the requirement of section 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of section 2, which is subject to the approval in writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with section 3.
20 The site shall be developed with separate systems of drainage for foul and surface water.
21 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved by the local planning authority before development commences.
22 The development hereby approved shall be carried out in accordance with the Flood Risk Assessment prepared by ARP Associates (917/01r2 dated February 2015 ) and prior to the commencement of any phase of the development on site, drawings must be submitted to, and approved by the Local Planning Authority showing details of the proposed surface water drainage including onsite storage, rates of discharge and outfall location
23 Details of the proposed passing bays, to include dimensions and boundary treatment shall be submitted to the local planning authority , prior to the commencement of the development hereby approved and shall thereafter be implemented in accordance with the approved details prior to the first occupation of the development.
24 Notwithstanding the submitted details the proposed new build dwellings shall be constructed without the use of fascia boards to the roof eaves.
Reasons for Conditions:-
1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990. 2 To secure the satisfactory implementation of the proposal. 3 In order to ensure that the materials used conform to the amenity requirements of the locality. 4 In order to ensure that the materials used conform to the amenity requirements of the locality. 5 To ensure that the building the subject of conversion can be retained. 6 In the interests of the historical value of the site 7 In the interests of the character of the buildings and general amenity of the area. 8 In the interests of visual amenity. 9 In the interests of visual amenity and to retain the character of the converted historic buildings. 10 In order to protect the visual amenities of the surrounding area in view of the prominence of this site and the residential amenity of both existing and future residents. 11 To ensure compliance with Harrogate District Local Development Framework Core Strategy Policy SG4. 12 To ensure these areas are kept available for their intended use in the interests of highway safety and the general amenity of the development 13 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity. 14 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity. 15 To ensure that decontamination of the lagoon is undertaken. The lagoon area is known to contain leachable contaminants at high concentrations that are periodically flushed out of the lagoon by groundwater. This then discharges to the surface water. The down gradient retaining wall for the lagoon has been reported as degrading and therefore there is the possibility that the lagoon could cause significant pollution of the water course 16 Given the potential risk of pollution posed by this site verification of all remedial actions is essential to provide long term understanding and clarity of the remedial action undertaken 17 It is likely that any cost effective remedial solution may result in binding contaminants in situ as such there is likely to be the need for some post remediation monitoring to provide lines of evidence that the remediation was successful.
Post remediation monitoring can also be used to demonstrate no deterioration to the surface water under the Water Framework Directive. 18 Even with extensive investigation it is not possible to fully characterise all the site and a degree of uncertainty will remain. A strategy to deal with any unexpected contamination should be incorporated into the remedial strategy 19 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policies SG4 and EQ1 of the Harrogate District Core Strategy. 20 To prevent pollution of the water environment. 21 To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system which will prevent overloading 22 To ensure that the scheme complies with the drainage strategy for the site. 23 To secure improved access arrangements to teh site and in the interests of visual amenity. 24 In the interests of visual amenity
INFORMATIVES
1 The existing Public Right(s) of Way on the site must be protected and kept clear of any obstruction until such time as any alternative route has been provided and confirmed under an Order made under the Town and Country Planning Act 1990. Applicants are advised to contact the County Council's Access and Public Rights of team at County Hall, Northallerton via [email protected] to obtain up-to-date information regarding the line of the route of the way. The applicant should discuss with the Highway Authority any proposals for altering the route.