Land Comprising OS Field 5979 Ellingstring Ripon North Yorkshire

HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 29 August 2006

PLAN: 11 CASE NUMBER: 06/03111/FUL GRID REF: EAST 417589 NORTH 483772 APPLICATION NO. 6.2.41.FUL DATE MADE VALID: 22.06.2006 TARGET DATE: 17.08.2006 WARD: Mashamshire VIEW PLANS AT: http://tinyurl.com/l7tll

APPLICANT: The Marquess Of Downshire

AGENT: Susan Wood

PROPOSAL: Erection of one detached dwelling and double garage. (Site Area 0.07ha)

LOCATION: Land Comprising OS Field 5979 Ellingstring Ripon North Yorkshire

REPORT

SITE AND PROPOSAL The application site is located within the small settlement of Ellingstring, which is located within the Nidderdale Area Of Outstanding Natural Beauty. It comprises a rectangular area of grazing land situated on the north side of the main street through the village. The site extends to some 0.08 hectares and is bounded by existing cottages to the west and east, and further pasture to the north, levels rise gradually from south to north. The site has a road frontage of some 17 metres, with a dry stone wall and field gate.

Proposed is the construction of a single detached 4 bed dwelling, and double garage; the house is positioned within the site (set back behind the existing adjacent properties) with the garage positioned to the rear. The design is for a traditional two- storey house, of stone construction and artificial stone slate roof. Vehicle access is from the existing gateway, with a drive to the east side of the house.

MAIN ISSUES 1. The Principle Of Development At This Location Having Regard To Local Plan Policies. 2. The Impact Of The Development On The Character And Amenities Of The Area. 3. Highway Safety 4. Other Matters.

RELEVANT SITE HISTORY None.

CONSULTATIONS/NOTIFICATIONS

Parish Council Ellingstring.

DCS - Open Space (Brandreth) A commuted sum of £607.00 has been requested towards provision of leisure area, childrens equipped play area and casual play area and youth and adult facilities allocated to Ellingstring Village Green and Fearby Recreation Area.

NYCC Highway Authority No objection in principle, but note that the existing field access is sub-standard and requires upgrading. Recommend conditions - the laying out of the access, parking areas and provision of a turning area within the site.

Heritage Unit of NYCC The sunken main street of the village is believed to be medieval in origin, and there is potential for the foundations and service trench excavations to encounter remains of former medieval settlement and activity. It is therefore recommended that any approval be subject to a planning condition requiring prior agreement to a "watching brief" to allow an archaeologist to identify and record any remains or finds.

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 28.07.2006 PRESS NOTICE EXPIRY: 28.07.2006

REPRESENTATIONS

FEARBY HEALEY AND DISTRICT PARISH COUNCIL - object to the application. In summary the concerns are that the proposed house would be un-neighbourly by reason of differing levels and overlooking; the lack of sewerage capacity in the village; and the proposals are contrary to Council policies to protect open green field spaces within village. (The Parish Council also refer to the overhead electricity line supply to the village being affected by the development, but this is not a material planning consideration as the re-siting and diversion of such equipment would be a matter for the applicant to agree with the electricity supply company).

OTHER REPRESENTATIONS - At the time of the preparation of this report 9 written objections had been received from local residents (and a further petition signed by 36 people); the representations raise the following concerns (summarised):-

1. The grazing land forms an important green space that is important to the rural character of the village and the AONB. 2. The house is too large and set back from the building line. 3. The house does not provide for local housing need. 4. The local sewage and drainage system is already overloaded. 5. The local road network is made up of single-track roads. 6. The development will affect the present overhead power lines serving the village.

VOLUNTARY NEIGHBOUR NOTIFICATION - the following addresses have been notified of the application: - Sunny Lea Waterfalls Farm Ruskill Farm

RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Development PPG3 Planning Policy Guidance 3: Housing PPS7 Planning Policy Statement 7: Sustainable Development in Rural Areas PPG13 Planning Policy Guidance 13: Transport SPE1 North Yorkshire County Structure Plan Policy E1 LPHX Harrogate District Local Plan (2001, as altered 2004) Policy HX: Managed Housing Site Release LPC01 Harrogate District Local Plan (2001, as altered 2004) Policy C1: Conservation of Nidderdale A.O.N.B LPHD12 Harrogate District Local Plan (2001, as altered 2004) Policy HD12: Amenity Open Space LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20: Design of New Development and Redevelopment LPR04 Harrogate District Local Plan (2001, as altered 2004) Policy R4: Open Space Requirements for New Residential Development LPA01 Harrogate District Local Plan (2001, as altered 2004) Policy A1: Impact on the Environment and Amenity LPH05 Harrogate District Local Plan (2001, as altered 2004) Policy H5: Affordable Housing LPH06 Harrogate District Local Plan (2001, as altered 2004) Policy H6: Housing developments in the main settlements and villages LPH13 Harrogate District Local Plan (2001, as altered 2004) Policy H13: Housing Density, Layout and Design

ASSESSMENT OF MAIN ISSUES 1.THE PRINCIPLE OF DEVELOPMENT - Ellingstring is a small settlement not listed in Policy H6 of the adopted Harrogate Local Plan as a recognised village, but it does have a defined built form and the application site falls within this area. Nevertheless, the application site is undeveloped, comprising an area of pasture, and therefore constitutes a 'greenfield' site. PPG3 guidance discourages the use of greenfield sites and the housing restraint policy of the Local Plan (Policy HX) only allows for the development on greenfield sites where it is required to meet "justifiable exceptional needs that cannot be met elsewhere". No such needs have been identified in this case and consequently, the principle of residential development would be contrary to Local Plan policy HX.

The site is less than 0.1 hectares in area and therefore there would be no requirement for 'affordable' local needs housing under Policy H5. However, a contribution for open space requirements would be required under Policy R4.

2 IMPACT ON CHARACTER AND AMENITY - had the principle of development been compatible with Policy HX, Policy H6(c) would allow for infill development within small settlements providing various criteria are met; these include, amongst other things, the proposal is of a scale, density, layout and design appropriate to the locality, and is appropriate to the form and character of the settlement. In addition, Policy H13 requires the layout and design of new development to be appropriate to its surroundings; Policy HD12 protects open spaces that perform an important visual amenity function within settlements; while Policy HD20 sets out general design principles for new development. Policy A1 states that new development should make a positive contribution to local amenity. As the site falls within the Nidderdale AONB, the proposals also need to demonstrate the highest standards of design to reflect the local distinctiveness of the area - to meet the requirements of Structure Plan E1 and Local Plan Policy C1.

The village of Ellingstring is predominantly linear in form with most buildings located on the north side of the village road, although there is by no means a continuous built-up frontage. The application site in one such gap in development and permits open countryside to extend to the road, a very attractive feature of the village character. The applicants consider the proposal would constitute an infill plot, but the proposed house would be set back in the site - to avoid obstruction of the windows in neighbouring house to the east and the associated amenity problems that would be created. It is not therefore held that the proposed development properly constitutes an "infill" development, given the lack of a continuous frontage; and while it is accepted that the proposed dwelling is of traditional construction and appearance, it is considered that the loss of the present break in development created by the open pasture would harm the character and appearance of the village street scene. This would result in an adverse material impact on the rural setting of the settlement, in be in conflict with Local Plan Policies C1, HD12, HD20, A1, H6, and H13.

3. HIGHWAY SAFETY - There are no objections to the development - in principle - on highway safety grounds, but there are technical objections to the use of the existing field access to serve the proposed dwelling. However, the County Highway Authority consider that the access can be improved and recommend appropriate conditions to achieve the required works.

4 OTHER MATTERS - A commuted sum of £607.00 has been requested towards provision of leisure area, children's equipped play area, casual play area, and youth & adult facilities, allocated to Ellingstring Village Green and Fearby Recreation Area. At the time of the preparation of this report the agreement had not been signed. If this is still the case at the time of the meeting then this would form a further reason for refusal.

Foul drainage is proposed as being disposed of by a septic tank, although no details have been supplied. Should development be approved appropriate conditions to ensure prior approval of a satisfactory means of drainage would need to be attached to any grant of permission.

CONCLUSION - The application site comprises a greenfield site and in the absence of any exceptional needs being met by the proposal, the principle of residential development would be contrary to PPG3 guidance and Local Plan Policy HX. It is further considered that the proposal is contrary to Local plan Policies C1, HD12, HD20, A1, H6 and H13 in that the loss of the present open space provided by the site, and the incongruous layout of the proposed development, would fail to respect the character and appearance of the area, designated as an Area Of Outstanding Natural Beauty. The development would therefore have a detrimental effect on the attractive rural setting of the settlement.

CASE OFFICER: Mr Roger France

RECOMMENDATION

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

1 The application site falls within the built up area of the village but comprises open pasture, defined as a 'greenfield' land in accordance with PPG3 guidance. As such the proposed residential development would be contrary to Policy HX of the adopted Harrogate District Local Plan (Selective Alteration 2004), in that sufficient sites in the Borough have already been given permission to meet the Local Plan's housing requirements and, in the absence of any justifiable exceptional needs being identified in the application proposals, it is considered that approval would prejudice the Local Plan's overall housing strategy. 2 The settlement of Ellingstring is located in the Nidderdale Area of Outstanding Natural Beauty and the application site presently forms a break in development that contributes to the character and appearance of the village setting. The proposed development is not considered to be appropriate to the form and character of the settlement by reason of the loss of the open space and the incongruous relationship of the dwelling to the existing pattern of built development. The detrimental impact of the development would therefore be contrary to the provisions of Policies C1, HD12, HD20, A1, H6 and H13 of the adopted Harrogate District Local Plan.