HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 16 February 2016
PLAN: 03 CASE NUMBER: 15/04935/FUL GRID REF: EAST 436894 NORTH 451439 APPLICATION NO. 6.122.339.FUL DATE MADE VALID: 23.11.2015 TARGET DATE: 18.01.2016 REVISED TARGET: 17.02.2016 CASE OFFICER: Ms Claire Barwick WARD: Spofforth With Lower Wharfedale
VIEW PLANS AT: http://uniformonline.harrogate.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=NX91EDHYHL900
APPLICANT: Mr & Mrs Wyatt
AGENT: Shaw & Jagger Architects
PROPOSAL: Erection of replacement detached dwelling and formation of hardstanding and solar panels (Site Area 0.7ha).
LOCATION: Hill Top House Ribston Road Spofforth North Yorkshire HG3 1AB
REPORT
SITE AND PROPOSAL The application site is located in open countryside outside the village of Spofforth.
The existing dwelling is a large detached rendered property, with a hipped roof with slate and concrete tiles and various flat roof extensions and a double garage. There is also an ‘L’ shaped kennels of timber construction along the north-western side boundary of the site. It is proposed to utilise the existing treatment plant on site.
The site is well-established with mature Beech hedge lines lining the driveway and a row of mature Poplar trees along the edge of the main road leading to the site on Ribston Hill.
The proposed replacement dwelling would be a modern design constructed on a heavy stone base. The upper section of the house would have a pitched roof constructed of Corten steel. A new single garage is proposed immediately to the east of the house, which will replace the existing double garage. In the northern paddock there is also proposed a small solar array to provide electricity to the house. A new hard landscaped terrace will wrap around the south of the dwelling allowing access to the garden. It is proposed to retain the existing vehicle entrance into the site from Ribston Road and to utilise the existing driveway to access the house.
The replacement dwelling is proposed largely on the footprint of the existing house, which sits on a plateau forming a level terrace on the hillside.
There is one neighbouring property in close proximity to the site to the south–west, known as ‘Greenacres’. The two properties are separated by a large area of land at a lower level and then ‘Greenacres’ is on lower land still as the land at this location slopes down to the A661 Harrogate Road.
MAIN ISSUES 1. Policy/Principle 2. Residential amenity 3. Design and appearance of the dwelling 4. Highways 5. Open Space provision 6. Ecology 7. Land Contamination
RELEVANT SITE HISTORY 15/02447/PRE Erection of a replacement dwelling, considered acceptable in principle – 23.09.2015
CONSULTATIONS/NOTIFICATIONS
Parish Council SPOFFORTH WITH STOCKELD
Conservation and Design Section No comments received
Landscape Officer No comments received
EHO Contaminated Land No comments received
NYCC Highways And Transportation No comments received
Principal Ecologist No objections subject to conditions
RELEVANT PLANNING POLICY NPPF National Planning Policy Framework 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 CSEQ1 Core Strategy Policy EQ1: Reducing risks to the environment CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt CSC1 Core Strategy Policy C1: Inclusive communities LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPH20 Harrogate District Local Plan (2001, as altered 2004) Policy H20, Replacement Dwellings in the Countryside LPC02 Harrogate District Local Plan (2001, as altered 2004) Policy C2, Landscape Character SPDPOS Supplementary Planning Document: Provision for Open Space in Connection with New Housing Development SPDPVH Supplementary Planning Document, Provision for Village Halls in Connection with New Housing Development SPGRES Supplementary Planning Guidance, Residential Design Guide SPDHSE Supplementary Planning Document: House Extensions and Garages Design Guide SPGLND Supplementary Design Guidance, Landscape Design Guide SPGLAP Supplementary Planning Guidance, Landscape Character Assessment of Harrogate District
APPLICATION PUBLICITY SITE NOTICE EXPIRY: 08.01.2016 PRESS NOTICE EXPIRY:
REPRESENTATIONS SPOFFORTH WITH STOCKELD PARISH COUNCIL - has no objections.
VOLUNTARY NEIGHBOUR NOTIFICATION None undertaken.
ASSESSMENT OF MAIN ISSUES 1. POLICY/PRINCIPLE - In March 2015, the Council published its new Strategic Housing Market Assessment (SHMA) which provides information on objectively assessed housing need. The figures in that document have been reviewed in light of the publication of the 2012 household projections and a final SHMA report was published in September 2015. 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 6.6 year supply of housing land, including a 20% buffer.
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’. 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 on that particular basis’.
However, in order to maintain supply and deliver 518 homes per year greenfield land outside existing development limits will continue to be needed. This means that development limits can be given no more than limited weight. Applications will need to be determined on a case by case basis, only refusing applications where the planning harm clearly outweighs the benefits to be gained by delivering new housing.
In accordance with the NPPF, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework.
The NPPF continues to give considerable weight to the principles of sustainable development.
Although Policies SG1, SG2 and SG3 can be given no more than limited weight, they can still be useful to refer to when assessing whether a proposal is sustainable in the first instance.
It is acknowledged that the application site is not located within the development limits of Spofforth village as defined in the Harrogate District Local Plan, however Spofforth is identified in the Core Strategy as a Group B settlement which will maintain its role as a local rural centre providing the focus for new housing in the rural areas of the District. The village is identified as having the best access to jobs, shops and services by non-car modes of transport.
The village of Spofforth is in close proximity to the site and with its local shop, church, public houses and primary school all within walking distance of the site. The village of Spofforth is located on a key bus route in a rural which will enable travel to and from the village to a main settlement offering employment opportunities and key services and facilities by bus. It is therefore considered that the site is at a sustainable location with regards to access to services.
Furthermore, the proposal is to replace an existing dwelling and so the principle is already established.
A replacement dwelling is therefore considered acceptable in principle subject to all other material considerations as considered below.
2. DESIGN AND APPEARANCE OF THE DWELLING - Paragraph 56 of the NPPF relates to requiring good design and states that ‘The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people’.
Paragraph 57 states ‘It is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings……’.
Paragraph 60 of the NPPF states ‘Planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is however proper to see to promote or reinforce local distinctiveness’.
At the local level, Policy SG4 (Design & Impact) of the Core Strategy states that all development proposals in the District should be well integrated with, and complementary to, neighbouring buildings and the spatial qualities of the local area and be appropriate to the form and character of the settlement and/or landscape character.
Policy EQ2 (The natural and built environment and Green Belt) states that the District's exceptionally high quality natural and built environment will be given a level of protection appropriate to its international, national and local importance.
Policy C2 (Landscape Character) of the Local Plan states that development should protect existing landscape character.
Saved Policy HD20 of the Harrogate District Local Plan deals with design and generally advises that new buildings should respect the spatial quality of the area and the scale height, proportions and materials of neighbouring properties and the local area.
Policy H20 of the Harrogate District Local Plan relates specifically to replacement dwellings and states:
‘In the countryside and outside the settlements proposals to replace existing dwellings will be permitted provided that all the following criteria are met: a) The new dwelling is located on the site or, or close to, the existing dwelling to be cleared; b) The new dwelling is no larger than the existing dwelling; c) The new dwelling has satisfactory access arrangements; d) The new dwelling is of a design which in terms of scale, mass, materials and architectural detail is sympathetic to the local vernacular character; e) The new dwelling is sited to preclude retention of the existing dwelling or there is a condition or legal obligation to ensure its demolition on completion of the new dwelling; f) The existing dwelling is not a listed building’.
The existing dwelling is not listed and the new dwelling would be sited to preclude retention of the existing dwelling.
The proposed dwelling (with a footprint at 246.8m) is two storeys in scale with a larger footprint than the existing dwelling (171.9m2) although the outbuildings to be removed are an additional 125.8m2 in area so the overall built footprint on the site would reduce. The overall height of the dwelling is marginally higher than the existing dwelling but has the same finished floor level.
The replacement house is to be constructed of stone with a tiled slate roof. The proposed dwelling is not conventional in its choice of material for the upper level but it will have less visual impact than the rendered dwelling currently on site. The proposed large areas of glazing give the house a modern appearance. It is considered that the design and appearance of the dwelling is appropriate at this location.
Due to the increase in the footprint and the elevated nature of the site it is proposed that permitted development rights are restricted to prevent additional extensions, garages and dormers in the roof to protect the visual amenity of the area and for the Local Authority to retain control of other additions to the dwelling/curtilage.
No comments have been received from the Council’s Landscape Officer at this time but the photo-montages and sections show the dwelling will have limited additional visual impact at this location.
3. RESIDENTIAL AMENITY - The neighbouring property ‘Greenacres’ is located on a much lower level than the site so there is the potential for the replacement dwelling to create overlooking. However, given the relationship with the neighbour with a lower level paddock (57m wide) forming a buffer and the neighbouring site being well screened by trees overlooking is not possible despite large areas of glazing on the facing elevation. The scale of the dwelling has increased so has more potential for additional impacts on the neighbours but given the distance to the neighbour it will not be overbearing or overshadowing.
4. OPEN SPACE PROVISION - In relation to Core Policy C1 and the adopted Supplementary Planning Document ‘Provision for Open Space’ a commuted sum will not be required as the guidance outlines that replacement dwellings will not be subject to the policy.
5. HIGHWAYS - The new dwelling has satisfactory access arrangements using the existing access and driveway which serves the existing dwelling, so this relationship will not change. The dwelling has a large curtilage so will have adequate areas of parking to serve the dwelling.
No comments have been received from the Highway Authority.
6. ECOLOGY - The Council’s Principal ecologist has no objections on ecological grounds.
The bat survey report (Oatlands Ecology, September 2015) found the building supported only low bat roost potential and no evidence of roosting bats was detected on site. In keeping with the recommendations of the NPPF (paragraph 118) to seek opportunities for biodiversity enhancement within developments, the applicant’s ecological consultant has recommended that two integrated bat boxes should be incorporated within the new dwelling and he has indicated in a drawing where these might be fitted.
Two swallows nests were observed around the house and the kennels. Demolition works or removal should therefore take place outside the main birds nesting season (March- September inclusively as swallows often have late broods) unless a pre-commencement check demonstrates that no actively nesting birds would be disturbed. Opportunities should be sought to enable swallows to continue to utilise the site e.g. sheltered positions on the exterior of the new dwelling or outbuildings.
Planning conditions are recommended accordingly.
7. LAND CONTAMINATION - No comments have been received from the Environmental Health section on contaminated land but it is noted that the existing land use is as a dwelling.
CONCLUSION The proposal represents a suitably designed dwelling which is appropriate to this rural area and does not materially harm the existing levels of privacy and amenity of the neighbouring dwelling. The dwelling is not substantially larger to warrant refusal and therefore accords with the provisions of the development plan including policies SG4, EQ1, EQ2 and C1 of the Harrogate District Core Strategy and C2, H20 and HD20 of the Local Plan and complies with the requirements of the National Planning Policy Framework. CASE OFFICER: Ms Claire Barwick
RECOMMENDATION
That the application be APPROVED subject to the following conditions:-
1 The development hereby permitted shall be begun on or before .3 years
2 The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details including on: - 3rd November 2015 elevations (Drawing No. (02)010 and (02)011) and floor plans (Drawing No.(02)005 and (02)006 and roof plans (Drawing No. (02)007) - 23rd November 2013 including site location plan (Drawing No.(02)001 RevA) and site plan (Drawing No. (02)004 RevA) - 19th January 2016 cross sections (Drawing No.s (02)025 and (02)021)
3 Samples of the materials it is intended to be used externally in the construction of the roof and walls of the development hereby approved, shall be submitted for the written approval of the Local Planning Authority and the development shall not be started before any such approval. Development shall be carried out in accordance with the agreed details.
4 The window and door frames of the development hereby permitted shall be constructed in timber/aluminium and no other materials shall be used without the prior written consent of the Local Planning Authority. A sample/details of the windows and doors shall be submitted to the Local Planning Authority for approval in writing and thereafter shall be implemented to the satisfaction of the Local Planning Authority.
5 The existing or replacement septic tank on site shall be capable of coping with the additional volume of waste based on the number of bedrooms of the dwelling hereby approved and thereafter be maintained to the satisfaction of the Local Planning Authority.
6 Adequate provision for the disposal of roof/surface water shall be made within the development. Ground and surface water shall not be allowed to cause nuisance to neighbouring land or property.
7 Works shall be undertaken strictly in accordance with the Recommendations (section 4.2) of the bat survey report (Oatlands Ecology, September 2015) submitted to the Local Planning Authority on the 3rd November 2015 including the incorporation of integrated bat bricks into the new dwelling and avoidance of disturbance to nesting swallows.
8 Demolition works or removal shall take place outside the main birds nesting season (March- September inclusively) unless a survey undertaken within 48 hours of the commencement works, by a suitably qualified ecologist, demonstrates no active nests shall be disturbed during the works on site.
9 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, outbuildings, 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.
Reasons for Conditions:-
1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990. 2 In order to ensure compliance with the approved drawings. 3 In order to ensure that the materials used conform to the amenity requirements of the locality. 4 In the interests of visual amenity. 5 To ensure the satisfactory drainage of the development. 6 To ensure the satisfactory drainage of the development
7 To avoid harm to protected species, in accordance with Government Circular 06/2005 8 To avoid harm to protected species, in accordance with Government Circular 06/2005 9 In order to protect the visual amenities of the surrounding area in view of the prominence of this site.