BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 7 November 2006

PLAN: 04 CASE NUMBER: 06/04346/FUL GRID REF: EAST 433970 NORTH 459802 APPLICATION NO. 6.83.3.C.FUL DATE MADE VALID: 25.09.2006 TARGET DATE: 20.11.2006 WARD: Claro VIEW PLANS AT: http://tinyurl.com/yx8z8t

APPLICANT: Mrs K Johnson

AGENT: John McNicholas

PROPOSAL: Erection of detached building for use as boarding kennels and installation of new septic tank.

LOCATION: Hydale Farm Market Flat Lane Scotton North HG5 9JA

REPORT

SITE AND PROPOSAL Hydale Farm is sited on Market Flat Lane. Up to four years ago the farm was a pig farm with 1500 pigs and followers but the farm has changed to arable. The farmstead comprises a bungalow and a number of agricultural sheds to the side. Access is from Market Flat Lane. There are fields to the rear and a dwelling lies adjacent to the access.

It is proposed to demolish an existing building and erect a building for use for 24 boarding kennels. The building would measure 18.2m x 18.2m constructed from blockwork with a sheet metal roof. A feed store, isolation kennels and reception area will be provided within. Outside play areas for the dogs are also proposed enclosed by a 1.8m chain link fence. Three parking spaces are shown and a new septic tank. The building would be 90m from the rear of the neighbouring dwelling, with a number of agricultural buildings sited in between.

The application has been made to re-site the kennels from its existing location at West Susacres Farm, Brearton, to Hydale Farm where the applicant now lives.

MAIN ISSUES 1 Policy/principle 2 Residential amenity 3 Highways 4 Pollution prevention

RELEVANT SITE HISTORY None relevant.

CONSULTATIONS/NOTIFICATIONS

Parish Council SCOTTON

Minerals & Waste Planning, NYCC No comment received.

Environment Agency No objections but advises the site lies within 250m of a landfill site known to be producing gas.

Environmental Health (Springfield) See assessment.

Yorkshire Water Comments provided.

NYCC Highway Authority See assessment.

RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Development PPS7 Planning Policy Statement 7: Sustainable Development in Rural Areas LPA01 Harrogate District Local Plan (2001, as altered 2004) Policy A1: Impact on the Environment and Amenity LPC15 Harrogate District Local Plan (2001, as altered 2004) Policy C15: Conservation of Rural Areas not in Green Belt LPE08 Harrogate District Local Plan (2001, as altered 2004) Policy E8: New Industrial and Business Development in the countryside SPE2 County Structure Plan Policy E2 LPT01 Harrogate District Local Plan (2001, as altered 2004) Policy T1: The Highway Network

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 27.10.2006 PRESS NOTICE EXPIRY: 27.10.2006

REPRESENTATIONS SCOTTON PARISH COUNCIL - object to the proposal on the following grounds: 1. The impact of the noise of barking etc. on all the neighbouring residents 2. The visual impact of the extensive buildings in terms both of their size and the materials proposed for their construction 3. Change of use from agricultural use and also the fact that the residential property on the site is tied to an agricultural holding

OTHER REPRESENTATIONS - No other representations have been received.

VOLUNTARY NEIGHBOUR NOTIFICATION None.

ASSESSMENT OF MAIN ISSUES 1 POLICY/PRINCIPLE - The proposal has not been put forward as farm diversification and therefore falls to be considered against policy C15, which gives support to proposals that are appropriate to a rural area. Policy E8 of the local plan is also relevant which permits new business development in the countryside subject to certain criteria. Policy A1 considers the impact of development on amenity and the environment.

Policy E2 of the Structure plan is also relevant.

Business development in the open countryside is permitted subject to that business requiring a countryside location for operational reasons. Boarding kennels requires an isolated location in order to avoid loss of amenity to residential property. The site is well related to the existing buildings and it is not considered to have a detrimental impact on landscape character or the visual amenity of the locality.

2 RESIDENTIAL AMENITY - The existing operation at Brearton can take 21 dogs and is sited 300m from the nearest dwelling. However the proposed kennels increases the number of dogs to 24 and lies adjacent to the existing farm bungalow. The closest dwelling, Hilltop, is sited at the junction of the access road and Market Flat Lane, 90m from the proposed kennels. Existing buildings lie in between. There are other dwellings in the vicinity, which are only 150m and 180m away from the kennels with fields in between.

The operation of boarding kennels is associated with the noise of dogs barking, which is difficult to control by staff. Outside play areas are also proposed. Environmental Health has raised strong concerns with regard to the impact that the kennels will have on the residential amenity of neighbouring dwellings from barking dogs and cannot offer support for the proposal. Due to the uncontrollable nature of barking from the kennels and the proximity of dwellings it is considered that there would be a detrimental impact on the residential amenity of the adjacent properties, contrary to policies A1 and E8 of the Harrogate District Local Plan.

3 HIGHWAYS - North Yorkshire County Highways has objected to the proposal on the grounds that the access onto Market Flat Lane has poor visibility and that the intensification of use will be detrimental to highway safety.

4 POLLUTION PREVENTION - The Environment Agency has raised no objection to the proposal.

CONCLUSION

Although a countryside location is appropriate for the kennels it is considered that the proximity of other dwellings to the site and the uncontrollable nature of dogs barking will result in a detrimental impact on the occupants of these dwellings, contrary to policies A1 and E8 of the Harrogate District Local Plan. In addition the access onto Market Flat Lane has poor visibility that, due to intensification of use, will be detrimental to highway safety, contrary to policy T1.

CASE OFFICER: Mrs L Drake

RECOMMENDATION

That the application be REFUSED. Reason(s) for refusal:-

1 The proximity of the development to other dwellings and the uncontrollable nature of dogs barking will result in a detrimental impact on the occupants of these dwellings, contrary to policies A1 and E8 of the Harrogate District Local Plan.

2 The access onto Market Flat Lane has poor visibility which, due to the intensification of use, will be detrimental to highway safety, contrary to policy T1 of the Harrogate District Local Plan.