Public Document Pack

AGENDA

Committee Administrator: Democratic Services Officer (01609 767015)

Wednesday, 17 July 2019

Dear Councillor

NOTICE OF MEETING

Meeting PLANNING COMMITTEE

Date Thursday, 25 July 2019

Time 1.30 pm

Venue Council Chamber, Civic Centre, Stone Cross, Rotary Way, Northallerton, DL6 2UU

Yours sincerely J. Ives.

Dr Justin Ives Chief Executive

To: Councillors Councillors P Bardon (Chairman) J Noone (Vice-Chairman) M A Barningham B Phillips D B Elders A Robinson Mrs B S Fortune M Taylor K G Hardisty D Watkins B Griffiths D A Webster

Other Members of the Council for information

PLEASE NOTE THAT THERE WILL BE MEMBER TRAINING COMMENCING AT 10.00am REGARDING PLANNING ENFORCEMENT and UPDATE ON NORTH NORTHALLERTON BRIDGE AGENDA

Page No

1. MINUTES 1 - 4

To confirm the minutes of the meeting held on 27 June 2019 (P.6 - P.7), attached.

2. APOLOGIES FOR ABSENCE.

3. PLANNING APPLICATIONS 5 - 98

Report of the Deputy Chief Executive.

Please note that plans are available to view on the Council's website through the Public Access facility.

4. MATTERS OF URGENCY

Any other business of which not less than 24 hours prior notice, preferably in writing, has been given to the Chief Executive and which the Chairman decides is urgent. Agenda Item 1

Minutes of the meeting of the PLANNING COMMITTEE held at 1.30 pm on Thursday, 27th June, 2019 in the Council Chamber, Civic Centre, Stone Cross, Rotary Way, Northallerton, DL6 2UU

Present

Councillor P Bardon (in the Chair)

Councillor M A Barningham Councillor J Noone D B Elders B Phillips Mrs B S Fortune A Robinson K G Hardisty M Taylor B Griffiths D A Webster

Also in Attendance

Councillor Mrs I Sanderson

An apology for absence was received from Councillor D Watkins

P.6 MINUTES

THE DECISION:

That the minutes of the meetings of the Committee held on 21, 29 and 30 May 2019 (P.1 – P.2, P.3 - P.4 and P.5), previously circulated, be signed as correct records.

P.7 PLANNING APPLICATIONS

The Committee considered reports of the Deputy Chief Executive relating to applications for planning permission. During the meeting, Officers referred to additional information and representations which had been received.

Except where an alternative condition was contained in the report or an amendment made by the Committee, the condition as set out in the report and the appropriate time limit conditions were to be attached in accordance with the relevant provisions of Section 91 and 92 of the Town and Country Planning Act 1990.

The abbreviated conditions and reasons shown in the report were to be set out in full on the notices of decision. It was noted that following consideration by the Committee, and without further reference to the Committee, the Deputy Chief Executive had delegated authority to add, delete or amend conditions and reasons for refusal.

In considering the report(s) of the Deputy Chief Executive regard had been paid to the policies of the relevant development plan, the National Planning Policy Framework and all other material planning considerations. Where the Committee deferred consideration or refused planning permission the reasons for that decision are as shown in the report or as set out below.

Page 1 PLANNING COMMITTEE 27 June 2019

Where the Committee granted planning permission in accordance with the recommendation in a report this was because the proposal is in accordance with the development plan the National Planning Policy Framework or other material considerations as set out in the report unless otherwise specified below. Where the Committee granted planning permission contrary to the recommendation in the report the reasons for doing so and the conditions to be attached are set out below.

THE DECISION:

That the applications be determined in accordance with the recommendation in the report of the Deputy Chief Executive, unless shown otherwise:-

(1) 19/00689/FUL - Construction of a detached dwelling, following outline planning approval 16/02735/OUT at Former Little Hornby Farm, Hornby Road, Appleton Wiske for Mr and Mrs J Adams

PERMISSION GRANTED subject to an additional condition controlling levels.

(Derek Partington spoke on behalf of Appleton Wiske Parish Council concerning the application.)

(2) 19/00834/OUT - Outline application with details of access (all other matter reserved) for the construction of two dwellings at Land to west of Smithy Green, Hornby Road, Appleton Wiske for Mr I Stansfield

PERMISSION GRANTED subject to additional conditions controlling the height of the development and that the dwellings shall not be anything other than bungalows.

(Derek Partington spoke on behalf of Appleton Wiske Parish Council objecting to the application.)

(3) 19/00016/MRC - Variation of conditions attached to planning appeal APP/G2713/C/13/2198583 – to allow the siting of an additional static caravan including a change of use of agricultural land to use as a single additional residence at The Workshop, Stokesley Road, Brompton for Mr C Bird

PERMISSION REFUSED because the Committee considered the landscape, highway safety and neighbour amenity impacts of the development are contrary to the policies of the Local Development Framework.

The decision was contrary to the recommendation of the Deputy Chief Executive.

(4) 19/00973/OUT - Application for outline planning permission with access to be considered (all other matters reserved) for a single dwelling to replace existing outbuildings on land to the rear of Rowan Brae at Rowan Brea, Sutton Road, Huby for Mr Wendon

PERMISSION GRANTED subject to additional conditions requiring the clearing of the existing buildings on site, the closure of the existing access and the re- establishment of boundary planting.

(The applicant’s agent, Steve Hesmondhalgh, spoke in support of the application.)

Page 2 PLANNING COMMITTEE 27 June 2019

(5) 19/00087/FUL - Proposed residential development comprising of 8 dwellings with associated parking, garaging and accessway at Land East of Ashlands House, Bullamoor Road, Northallerton for Mr Lee Richardson Yorvik Homes

PERMISSION GRANTED

(6) 19/00245/FUL - Construction of a 3 bedroom bungalow at 1 Craddock Row, Sandhutton for Mr and Mrs Richard and Elizabeth Reed

PERMISSION GRANTED subject to an additional condition regarding levels and an amendment to condition 5 to remove the restriction on the boundary wall to the north.

(Cheryl Ward, spoke on behalf of the applicant’s agent, in support of the application.)

(7) 19/00579/FUL - Alterations to existing chapel to create a single 4-bed dwelling at Topcliffe Methodist Church, Church Street, Topcliffe for The Methodist Church

PERMISSION GRANTED because the Committee considered that the public benefits of the development outweighed the less than substantial harm to the significance of the designated heritage assets.

The decision was contrary to the recommendation of the Deputy Chief Executive.

(8) 19/00580/LBC - Listed Building Consent for alterations to existing chapel to create a single 4-bed dwelling at Topcliffe Methodist Church, Church Street, Topcliffe for The Methodist Church

PERMISSION GRANTED because the Committee considered that the public benefits of the development outweighed the less than substantial harm to the significance of the designated heritage asset.

The decision was contrary to the recommendation of the Deputy Chief Executive.

The meeting closed at 3.20 pm

______Chairman of the Committee

Page 3 This page is intentionally left blank Agenda Item 3

PLANNING APPLICATIONS

The attached list of planning applications is to be considered at the meeting of the Planning Committee at the Civic Centre, Stone Cross, Northallerton on Thursday 25 July 2019. The meeting will commence at 1.30pm.

Further information on possible timings can be obtained from the Democratic Services Officer, Louise Hancock, by telephoning Northallerton (01609) 767015 before 9.00 am on the day of the meeting.

The background papers for each application may be inspected during office hours at the Civic Centre. Documents are available to view at www.planning.hambleton.gov.uk. Background papers can include the application form with relevant certificates and plan, responses from statutory bodies, other interested parties and any other relevant documents. Any late submission relating to an application to be presented to the Committee may result in a deferral decision

Members are asked to note that the criteria for site visits is set out overleaf.

Following consideration by the Committee, and without further reference to the Committee, the Deputy Chief Executive has delegated authority to add, delete or amend conditions to be attached to planning permissions and also add, delete or amend reasons for refusal of planning permission.

Mick Jewitt Deputy Chief Executive

Page 5 SITE VISIT CRITERIA

1. The application under consideration raises specific issues in relation to matters such as scale, design, location, access or setting which can only be fully understood from the site itself.

2. The application raises an important point of planning principle which has wider implications beyond the site itself and as a result would lead to the establishment of an approach which would be applied to other applications.

3. The application involves judgements about the applicability of approved or developing policies of the Council, particularly where those policies could be balanced against other material planning considerations which may have a greater weight.

4. The application has attracted significant public interest and a visit would provide an opportunity for the Committee to demonstrate that the application has received a full and comprehensive evaluation prior to its determination.

5. There should be a majority of Members sufficiently familiar with the site to enable a decision to be made at the meeting.

6. Site visits will normally be agreed prior to Planning Committee in consultation with the Chairman or Vice-Chairman of the Planning Committee. Additional site visits may be selected following consideration of a report by the Planning Committee.

Page 6 PLANNING COMMITTEE Thursday 25th July 2019

Item No Application Ref/ Proposal/Site Description Officer/Parish 19/00774/FUL Construction of two attached cottages with access and 1 Miss Cornforth parking. Extensions and renovation to existing dwelling of The Aldwark Cottage

Page No. 9 For: Mr James Bladon At: The Cottage, Aldwark

RECOMMENDATION: REFUSE

19/00791/FUL Construction of two dwellings and formation of an access drive 2 Miss C Cornforth Dalton For: Mr Wood At: Ivy House, Dalton Page No. 21 RECOMMENDATION: GRANT 18/00375/FUL Full planning application for the construction of 12 dwellings, 3 Ruth Hindmarch garages and associated infrastructure Easingwold For: Daniel Gath Homes At: Land Adjacent Ash Lea And Bellwood Cottage Page No. 31 Raskelf Road, Easingwold

RECOMMENDATION: GRANT

19/00988/FUL Change of use of land for the construction of one 4 Mrs H Laws dwellinghouse and the re-siting of existing stable structure Hackforth For: D McCabe and L McQue Page No. 41 At: Land North Of The Shielings, North Road, Hackforth

RECOMMENDATION: GRANT

19/00976/FUL Demolition of existing garage construction of a domestic 5 Mr Rowshon Uddin garage and workshop and formation of a covered walkway Overton between the garage and the house

For: Mr and Mrs Lee-Bursnall Page No. 49 At: Church Lodge, Overton

RECOMMENDATION: GRANT

19/01037/REM Reserved matters application for the approval of details of 6 Mr T Wood appearance, landscaping, layout and scale in relation to the Sowerby development of the primary school on the allocated school site pursuant to application 10/02373/OUT, as amended by Page No. 53 15/00145/MRC, and comprising a single-storey teaching block with associated hard/soft landscaping and playing field; car park and cycle parking; vehicular/pedestrian means of access; and secure line fencing. Discharge of Condition 21 (Archaeological Works) relating to planning approval

Page 7 10/02373/OUT, as amended by 15/00145/MRC

For: Portakabin Limited At: Land East Of Topcliffe Road And South Of Gravel Hole Lane, Topcliffe Road, Sowerby

RECOMMENDATION: GRANT

19/00359/OUT Application for Outline Planning Permission with Some 7 Miss A O’Driscoll Matters Reserved (considering access only) for Residential Stokesley Development as amended by plan received on 31 May 2019

Page No. 59 For: Taylor Wimpey UK Ltd At: OS Field 7272 Land North Of Hebron Court, The Stripe Stokesley

RECOMMENDATION: GRANT

19/00877/FUL Construction of 3 terraced, single storey dwellings with 8 Miss C Cornforth associated access, parking, bin storage and gardens Sutton-on-the-Forest For: Mr And Mrs Plummer Page No. 71 At: Goose Farm, Goose Lane, Sutton on The Forest

RECOMMENDATION: REFUSE 18/02648/FUL Construction of two storey extension to dwelling; alterations to 9 Mrs H Laws stables to form holiday accommodation; replacement of front Thimbleby boundary fence and gate as amended by plans received by Hambleton District Council on 10 May 2019 Page No. 79 For: Mr And Mrs Paul and Amy Callin At: Woodlands Farm, Thimbleby

RECOMMENDATION: REFUSE

18/02647/LBC Listed Building Consent for internal alterations to dwelling; Mrs H Laws construction of a two storey extension; replacement windows 10 Thimbleby and doors; and alterations to stables to form holiday accommodation as amended by plans received by Hambleton Page No. 89 District Council on 10 May 2019

For: Mr And Mrs Paul And Amy Callin At: Woodlands Farm, Thimbleby

RECOMMENDATION: REFUSE

19/00766/ADV Retrospective application for advertisement consent to display 11 Mr C Allison 1 hanging sign and 1 facia sign Thirsk For: Mr Abbas Salih Page No. 95 At: Milano, 13 Millgate, Thirsk

RECOMMENDATION: REFUSE

Page 8 Parish: Aldwark Committee date: 25th July 2019 Ward: Easingwold Officer dealing: Miss Charlotte Cornforth th 1 Target date: 29 July 2019

19/00774/FUL

Construction of two semi-detached cottages with access and parking. Extensions to the existing dwelling of The Cottage At The Cottage, Aldwark For Mr James Bladon

The application is referred to the Planning Committee as the proposal is a departure from the Development Plan.

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The application site is located within the village of Aldwark on the north eastern side of the village street (going out towards Alne and Flawith). The site is relatively level, with various fence and hedge boundaries together with tree and hedge provision within the site.

1.2 The site is also located within the Aldwark Conservation Area. This Area was designated in 1991 and covers the majority of the village, including Aldwark Manor (1865) to the south. The village focuses upon a single street which runs parallel with the River Ure to its west, bending east as it heads towards Alne.

1.3 Currently the site is occupied by a small detached house known as The Cottage within a large open area of 'garden' land. To the south west of the site is the dwelling known as Beech House and to the north east is the dwelling known as Old Woodholme. Opposite the site are dwellings known as Cobble Hill Barn and The Granary.

The parcel of land – construction of two semi-detached dwellings

1.4 To the south west of the dwelling of The Cottage, is a parcel of land that is currently used as garden land in associated with The Cottage.

1.5 It is proposed within this area of land to construct 2 semi-detached dwellings, reflecting the existing building line of The Cottage. The dwelling closest to Beech House to the south would be 2 bedroom, with The Cottage to the north being 3 bedroom. There will be a two storey cross wing element to accommodate the third bedroom.

1.6 The dwellings are shown to be lower in height that the adjacent dwelling of the Beech House, but higher than The Cottage. There is a single storey side element to the south and north side of both front doors. The dwellings will have chimneys and bay windows.

1.7 The materials are to reflect those used on older properties in the area, mellow red clamp bricks to the outer walls with a traditional natural red clay pantile to the roof. The fenestration and other detailing will reflect that of the renovated cottage to its right, with timber windows and doors. There are no windows to the first floor to the south elevation. looking towards Beech House.

Page 9 1.8 The existing vehicular access that is used for The Cottage will be utilised for the new dwellings and each dwelling and The Cottage will have single storey garaging and bike store to the rear, with car parking spaces.

The Cottage itself – extensions and renovations

1.9 The agent has advised that the dwellingThe Cottage is too small for modern living and in need of full restoration. The agent has identified the building as a 'non- designated heritage asset' and the Local Planning Authority would agree with this analysis (details of the assessment are given later in this report).

1.10 The dwelling is two storey, with a single storey rear offshoot and a further lean to conservatory that is positioned off the back wall of the dwelling. The single storey rear off shoot and conservatory are proposed to be demolished.

1.11 The proposal seeks the construction of a rear extension and a detached garage following the demolition of the existing single storey rear extension. This main two storey extension to the rear sits parallel with the existing cottage with new gables at either end, that extend to a point 750mm from each of the side gables. A single storey offshoot from the two storey cross wing and a further single storey lean to off the northern side are proposed. The extensions are to be constructed from brick and pantile, with timber windows and doors.

1.12 No development is proposed to the north-east of The Cottage up to Old Woodholme, with the existing trees and hedgerows to be retained.

1.13 During the course of the application, to achieve visibility splays the plans have been amended to show the front boundary hedgerow to be removed and set further back. The dwellings are shown to have pedestrian access from the road, with timber gates.

1.14 The application has been accompanied by a Heritage Assessment from ELG Heritage dated March 2019.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

The application site

2.1 05/01094/FUL - Construction of a replacement dwelling and detached domestic double garage; Application refused 04.07.2005.

2.2 06/00571/FUL - Revised application for the construction of a replacement dwelling and detached domestic garage; Application refused 09.05.2006 and appeal dismissed 06/00053/REFUSE 2007.

The Inspector identified that The Cottage had a value to the character and appearance of the Conservation Area by virtue of its modest 2 storey size and being of some age and typical of a farm workers cottage. The Inspector concluded that the demolition of the cottage would be a material loss to the pleasing appearance and organic character of the Conservation Area.

2.3 18/02398/FUL - Construction of rear extension and detached garage following demolition of existing single storey rear extension; Application withdrawn 21.01.2019.

2.4 18/02401/FUL - Construction of a new dwelling and double garage; Application withdrawn 21.01.2019.

The dwellings to the south (Beech House and Hawthorne House)

Page 10 2.5 04/01153/FUL - Construction of 2 detached dwellings and domestic garages with associated works as amended by plans as received by Hambleton District Council on 19 July 2004; Application granted 04.08.2004.

Condition 09 of the approval stated:

Prior to occupation of the dwellings a sight line shall be provided at the access to such dwellings, measured a distance of 2 metres back from the parallel to the edge of the existing carriageway along the total site frontage. Thereafter the area between the sight lines and the highway boundary shall remain clear of any obstruction in excess of 1 metre in height above the adjoining carriageway level.

It appears that the front hedge row is not set back by 2 metres and is not lower than 1 metre in height.

3.0 RELEVANT PLANNING POLICIES

3.1 The relevant policies are:

Core Strategy Policy CP1 - Sustainable development Core Strategy Policy CP2 – Access Core Strategy Policy CP4 - Settlement hierarchy Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Core Strategy Policy CP21 - Safe response to natural and other force Development Policy DP1 - Protecting amenity Development Policy DP3 - Site accessibility Development Policy DP4 - Access for all Development Policy DP8 - Development Limits Development Policy DP9 - Development outside Development Limits Development Policy DP10 - Form and character of settlements Development Policy DP28 - Conservation Development Policy DP30 - Protecting the character and appearance of the countryside Development Policy DP32 - General design Development Policy DP33 – Landscaping Development Policy DP43 - Flooding and floodplains Interim Guidance Note - adopted by Council on 7th April 2015 Size, Type and Tenure of New Homes SPD - adopted September 2015 National Planning Policy Framework

4.0 CONSULTATIONS

4.1 Aldwark Parish Council – objected to the original and revised scheme. A summary of the objection is:

• The amended plans illustrate the proposed visibility splays associated with the proposed new access road into the site. This appears to be contrary to the guidance provided by NYCC Highways in terms of the required dimensions of the splays and seems to show a realignment of part of the existing hedgerow to the front of Beech House which the applicant has neither ownership of nor has served the requisite certificate of ownership (Certificate B) on the adjoining property owner

• The proposed construction of the two new dwellings would have an adverse impact on the historic setting of the existing Cottage within the village and the Aldwark Conservation Area.

Page 11 • There is little or no public benefit likely to accrue from the new dwellings unless there are specific safeguards put in place to make the new properties affordable such as restrictions limiting their sale to existing local first time buyers.

• The reasons for the previous refusals for development on this site still apply.

• Although not part of this application, the remaining unallocated and undeveloped L-shaped parcel of land should be preserved to retain the character and setting of The Cottage. Major concern has been expressed about the prospect of the applicant seeking permission to develop this land in the future for additional residential development and both local residents and the Parish Council would like reassurance that any future proposals for tandem residential development would be resisted

4.2 NYCC Local Highway Authority – regarding the revised application, they are satisfied that that visibility splays can be achieved of 33 metres in a westerly direction and 50 metres in an easterly direction measured 2.4 metres down the centre line of the access point by removing the front hedgerow and setting it further back.

4.3 Yorkshire Water – no observations to be made.

4.4 Public comments and site notice – 5 letters of objection have been received the original and revised scheme. A summary of their objections are:

• With regard to the existing cottage, I have no objection in principle as it will be to the benefit of the village and will hopefully lead to the occupation of the cottage as opposed to it continuing to stand empty and dilapidated

• There will be no benefit from the addition of another 2 dwellings

• The present application has been designed so as to maintain the strip of land between the application site and Old Woodholme to the North East. I believe this is to permit a future vehicular access to the rear of the site to enable further residential development

• This picturesque Conservation Area village is systematically losing its identity and character but this is what will happen if you continue to approve the development of every piece of green space in the village for nothing but financial gain

• The proposal which includes an additional building would be damaging to the townscape that the conservation area seeks to protect. The property has been subject to 4 previous planning applications which have either been refused or withdrawn. A previous application resulted in the inspector commenting...

'”the cottage with its associated spacing makes a positive contribution to the Conservation Area and its townscape, being a well-established authentic element of the local vernacular and a characteristic element in the layout of this village of agriculture character”

• The proposed development includes the addition of a new building alongside the existing cottage. Any new building, on either side of the cottage, will have detrimental effect on the conservation of the original building

• The proposal has no public benefit as it replaces a character farmworkers cottage, with open spaces around it, with three houses, three garages and six hard standing areas

Page 12 • The proposal completely fills any gap between ‘The Cottage’ and ‘Beach House’ and takes away any view of fields and green spaces which are currently a feature of the site.

• This development adds a definite risk of road traffic accidents in a residential village with a narrow road. I am concerned at the expectation that three houses with a potential for six additional cars will share a drive that is only one cars width. I foresee congestion as two or more cars try and access that drive at the same time, leading to the possibility of up to six cars being parked on the road in a position where there are numerous other driveways

5.0 ANALYSIS

The main considerations to be taken into account are:

Heritage assets Principle of development Housing type and tenure Character of the village Design Land contamination Highway safety Drainage Residential amenity

Heritage assets

Non Designated Heritage Asset (NDHA) of The Cottage

5.1 The Cottage dates to the late 19th century and is a typical example of a brick-built cottage with pantile roof found in Hambleton. It is small in scale and sits in a large plot, opposite and adjacent to converted farm buildings. The age and aesthetic value/appeal are considered to be the most significant criteria that justify the classification of the building as a 'Non-Designated Heritage Asset' (NDHA). This assessment is made with reference to the list of criteria adopted by the Council to assess whether a feature should be considered to be a 'Non-Designated Heritage Asset'. This assessment is also consistent with the commentary of the Planning Inspector noted at 2.2 above.

5.2 It is considered that some of the historic character of The Cottage has been eroded through the replacement of traditional windows with modern casements in the front which appear to be 1950s in date.

5.3 The Cottage is considered to contribute towards the aesthetic value of the wider Conservation Area. It has been altered in the mid-20th century. Improvements to the fenestration detailing are proposed including the installation of timber sliding sash windows and a timber door, this will preserve and enhance the character and appearance of the Conservation Area and the works have been identified in the Heritage Assessment as being substantially beneficial to the NDHA a conclusion with which officers agree.

5.4 The existing non-traditional, UPVC conservatory to the rear of the property will be removed as part of this application. Its removal is welcomed and will enhance the character of the Conservation Area and has been identified to have a minor beneficial impact upon NDHA.

Page 13 5.5 The rear will be extended using a dual pitch, set in from both gables to ensure subservience. There will be glimpsed views of the rear from the Conservation Area. There is also an example of a similar extension within the village, on the dwelling known as The Old Post Office (Planning Reference 12/01429/FUL) 5.6 The materials of the extensions will reflect those used on older properties in the area, mellow red clamp bricks to the outer walls with a traditional natural red clay pantile to the roof.

5.6 It is considered that the proposed extension whilst visible at an angle will not take away from the original form and character of the smaller cottage and has been assessed to have a negligible but adverse impact upon NDHA.

5.7 The extension has been identified to have a negligible adverse impact upon NDHA. However, it is considered that this would not constitute less than substantial harm to the special interest of the NDHA.

Impact upon the Aldwark Conservation Area

5.8 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires the Council to have special regard to the desirability of preserving or enhancing the character or appearance of the Aldwark Conservation Area.

5.9 The National Planning Policy Framework at paras 189, 190 and 192 requires an assessment of the potential harm a proposed development would have upon the significance of a designated heritage asset.

5.10 In assessing the proposal considerable great importance and weight has been given to the desirability of preserving and enhance the character and appearance of the heritage asset in assessing the proposal.

5.11 In terms of the character of the Aldwark Conservation Area, the village focuses upon a single street which runs parallel with the River Ure to its west, bending east as it heads towards Alne. The village has evolved to meet the needs of the estate, comprising of individual farmsteads and workers cottages.

5.12 The village today is a product of largely late 18th and mid-19th century development which met the needs of the farming population as part of the Aldwark estate. The character has been altered significantly over the last 50 years with the infilling of many gap sites throughout the settlement, most notably those to the south-west of The Cottage.

5.13 The Conservation Area has evidential value in the presence of historic features within the designated area, most notably, the moat and map reference to Aldwark Hall.

5.14 Aldwark has an illustrative value in the evolution of the settlement from medieval beginnings through to mid-19th century developments, including the church and Aldwark Manor; to the more recent early 21st century developments which infill the breaks in form. The village has an estate character which has been largely maintained.

5.15 The Conservation Area is formed by the predominant building type, being of brick with pantile roofs, including farmhouses, cottages and farmsteads. The aesthetic has altered over recent years with the construction of several large detached dwellings, which has taken up the gap sites. The Heritage Statement argues that such gap sites are no longer part of the Conservation Area character.

Page 14 5.16 No development is proposed to the north-east of The Cottage up to Old Woodholme, with the existing trees and hedgerows to be retained. The agent has suggested that they are willing to enter into a legal agreement in the form of a S016 agreement or Unilateral Undertaking to ensure that this land will not be developed and will be retained as a paddock/orchard area.

5.17 With specific reference to the application site, this area of the Conservation Area has changed more than the southern half of the village and is now dominated by a domestic character and continuously developed road frontage. The barns opposite The Cottage have been altered and extended significantly to form residential dwellings.

5.18 The works to The Cottage as described in the above section are considered to make a positive contribution towards the character and appearance of the Conservation Area as the design of the extension is consistent with other extensions in the village and typical of a rural village of this nature. Furthermore, the details of the replacement windows and doors will reinstate a typical late 19th cottage style on the front elevation of The Cottage which is prominent within the Conservation Area.

5.19 In terms of the construction of two semi-detached cottages and garages, the dwellings have been designed in a traditional form, to be lower than the dwelling to the west (Beech House) and provide a stepping down effect within the street scene. This is considered as identified within the Heritage Assessment to be an appropriate scale and form and has a minor adverse impact upon the Conservation Area.

5.20 The new dwellings would reduce the amount of open space within the street scene of the conservation area. The character of the Aldwark Conservation Area has evolved in the recent times and the Heritage Assessment considers that the open surroundings to The Cottage are an anomaly.

5.21 The new dwellings will provide a visual link between the recently constructed larger dwelling to the west and The Cottage which is of a small scale to the east.

5.22 The garages to the rear of the plots will be relatively low in height and integrated within the existing landscape features. There will be limited views of these from the Conservation Area.

5.23 There will be some hard landscaping which will have an impact upon the character of the Conservation Area in the form of the driveway and parking spaces. However, there will be hedgerows planted along the sides of this driveway which will soften the impact of these features and are considered appropriate to the Conservation Area setting.

5.24 The Heritage Assessment identifies a number of beneficial effects to the street scene character and setting of the non-designated heritage asset. Harm is identified through the siting of a new building within the street scene and this relates to the principle of new development and the impact that will have as a new element within the village.

5.25 As set out above the harm should be considered against the public benefits of the scheme.

5.26 Public benefits include:

• Enhancing the character and appearance of The Cottage through the insertion of appropriate windows and doors

Page 15 • Bringing The Cottage back into use and up to standard for modern-day-use and to meet the minimum space standard requirements (currently it falls below these standards) • Bridging the gap between the large properties to the west and The Cottage, producing an appropriate street scene which fits comfortably within the space • Provision of two (new) small three bed dwellings in a village which is dominated by large detached properties.

Principle of Development

5.27 The village of Aldwark does not have any Development Limits as defined within policy CP4of the Core Strategy. Policy DP9 states that development will only be granted for sites beyond Development Limits "in exceptional circumstances". The applicant does not claim any of the exceptional circumstances identified in Policy CP4 and, as such, the proposal would be a departure from the Development Plan. However, it is also necessary to consider more recent national policy in the form of the National Planning Policy Framework (NPPF).

5.28 To ensure appropriate consistent interpretation of the NPPF alongside Policies CP4 and DP9, on 7 April 2015 the Council adopted Interim Policy Guidance (IPG) relating to Settlement Hierarchy and Housing Development in the Rural Areas. This guidance is intended to bridge the gap between CP4/DP9 and the NPPF and relates to residential development within villages. The IPG includes an updated Settlement Hierarchy.

5.29 The IPG states that the Council will support small-scale housing development in villages where it contributes towards achieving sustainable development by maintaining or enhancing the vitality of the local community and where it meets all of the following criteria:

1. Development should be located where it will support local services including services in a village nearby. 2. Development must be small in scale, reflecting the existing built form and character of the village. 3. Development must not have a detrimental impact on the natural, built and historic environment. 4. Development should have no detrimental impact on the open character and appearance of the surrounding countryside or lead to the coalescence of settlements. 5. Development must be capable of being accommodated within the capacity of existing or planned infrastructure. 6. Development must conform with all other relevant LDF policies.

5.30 The IPG states that small scale development adjacent to the main built form of such settlements "will be supported where it results in incremental and organic growth". To satisfy criterion 1 of the IPG the proposed development must provide support to local services including services in a village nearby. The IPG advises that development in villages with no or few services or without convenient access to services in a nearby settlement will not be considered sustainable. With settlements on the edge of the Local Planning Authority area, consideration will be given to their relationship to settlements in neighbouring Districts.

5.31 The village of Aldwark is located from 3.3km from both the larger villages with greater services of Alne and Great Ouseburn (Harrogate District). This is over the typically prescribed “approximately 2km… between settlement” and beyond the distance that would result in the village being considered a sustainable cluster.

Page 16 5.32 Aldwark has an active church; St Stephens, a children’s play area, a successful pub, which has recently been granted permission to expand the restaurant and establish hotel facilities; the village also hosts Aldwark Manor which has a gym, swimming pool and golf course which can be accessed via membership or single day pass for people locally. Adjacent to Aldwark Toll Bridge is the Central Yorkshire Scout Activity Centre which offers water-based activities and residential training courses, as well as a traversing wall and archery activities.

5.33 Reliance Motor Services up until June 2019 operated a bus service from Aldwark to Easingwold 6 times a day and to York 5 times a day. This bus also called in at neighbouring villages, including Flawith where there is a veterinary surgery. This former bus service was limited. The bus service has now been reduced to a single service during school term time. Therefore, children in Aldwark are still able to access the local schools, enabling families to live within the village, however the site is not sustainable in terms of the LDF policies.

5.34 Whilst not within the prescribed 2km distance to a sustainable settlement, as set out in the Hambleton Settlement Hierarchy of CP4 Aldwark is fortunate in its central location to the sustainable settlements of Alne (secondary village), Tollerton (secondary village), Linton on Ouse (service village) and Newton on Ouse (clusters with Linton on Ouse to be considered a sustainable location), and its own host of facilities within Aldwark village.

5.35 The agent has also stated that the Planning Practice Guidance in the Rural Housing section clarifies that: “A thriving rural community in a living, working countryside depends, in part, on retaining local services and community facilities such as schools, local shops, cultural venues, public houses and places of worship. Rural housing is essential to ensure viable use of these local facilities”. The agent has stated that it does not mention the need for bus service to connect various communities and it should be remembered that Aldwark needs small scale, incremental development to meet local needs in order to sustain the existing facilities that it has.

5.36 The agent has also stated that Paragraph 103 of the NPPF states that “opportunities to maximise sustainable transport solutions will vary between urban and rural areas, and this should be taken into account in decision making”. It is clear that there is recognition that people drive in rural areas, they simply do not rely upon a bus service and cannot do so in the majority of villages in Hambleton. The ever reducing bus service throughout Hambleton means that it cannot be relied upon in order to consider the sustainability of our rural communities.

5.37 The agent has stated that the site is not in an isolated location; it falls within the built form of the existing village and will contribute to the sustainability of the existing community through the provision of two small cottages.

5.38 However, weight should be given to the fact that the Reliance Motor Bus Service has been reduced to operate a single service during school term time in terms of the wider sustainability of the settlement of Aldwark. The site does not have an alternative to the private car to access all services and facilities other than during school term time when a limited service is available to provide access to school. The proposal fails the test of LDF Policies CP1, CP2, CP4, DP3, DP4 and the Interim Policy Guidance.

Housing type and tenure

5.39 The dwelling closest to Beech House to the south will be 2 bedroom, with the cottage to the north being 3 bedroom. There will be a two storey cross wing element to accommodate the third bedroom. Each of the cottages meets the National Described

Page 17 Space Standards (NDSS). The Cottage, with the alterations and extensions will allow the dwelling to have 3 bedrooms which meet the NDSS.

5.40 It is considered that in this case, the size type and tenure of the dwellings meet the local housing need, complying with adopted Policy CP8 and the Supplementary Planning Document.

Character of the village

5.41 With regard to criterion 2 of the IPG, development must be small in scale and reflect the existing built form and character of the village. The proposal is for 2 dwellings and it is therefore considered small in scale as the IPG refers to small scale comprising up to five dwellings.

5.42 The proposed development for two dwellings, set within spacious plots would be consistent with the character and scale of development in the immediate area. The plots would reflect the building line of this side of the road, with roof ridges parallel to the road, in a linear form.

5.43 Criterion 3 states that development must not have a detrimental impact upon the natural, built and historic environment. The heritage assets have already been considered within the report.

5.44 The application site relates to the development of an existing domestic garden with a dwelling. It is appreciated that the site is bound by a mature hedgerow and trees. There is no significant ecological interest associated with the site itself.

5.45 Criterion 4 states development should have no detrimental impact on the open character and appearance of the surrounding countryside or lead to the coalescence of settlements.

5.46 The site has a clear physical relationship with the main built form of the village rather than the adjacent countryside beyond the settlement. The site is defined by physical boundaries as well as being surrounded by existing development

5.47 The site is part of the main built up area of the settlement and does not border open countryside or currently allow views of the open countryside beyond the village.

5.48 In light of the above, the proposal is considered to not have a detrimental impact upon the open character and appearance of the surrounding countryside or lead to the coalescence of settlements and meets the requirements the criteria.

Design

5.49 One of Hambleton’s strategic planning objectives, set out in The Core Strategy Local Development Document (2007), is “To protect and enhance the historic heritage and the unique character and identity of the towns and villages by ensuring that new developments are appropriate in terms of scale and location in the context of settlement form and character.”

5.50 Policies CP17 and DP32 require the highest quality of creative, innovative and sustainable design for buildings and landscaping that take account of local character and settings, promote local identity and distinctiveness and are appropriate in terms of use, movement, form and space.

5.51 The design and appearance of dwellings would also reflect the positive architectural elements that contribute to the character of the Aldwark Conservation Area. These elements include simple fenestrations, sash style windows, pitched roofs with

Page 18 chimney stacks. The materials will reflect those used on older properties in the area, mellow red clamp bricks to the outer walls with a traditional natural red clay pantile to the roof.

5.52 The development proposals will therefore deliver a high quality of design that will complement local character.

Residential amenity

5.53 It is considered that due to positioning of the dwellings, the dwellings being relatively low in height, the positioning of the openings and the landscape features that will be retained, there would not be a material adverse impact upon the amenity of the neighbouring occupiers.

5.54 Each dwelling has adequate private amenity space for the future occupants. There will be a hedge boundary to each plot to ensure that there is a level of privacy for each dwelling.

5.55 It is considered that the proposal will not be detrimental to residential amenity in accordance with Policies CP1 and DP1.

Highway safety

5.56 Criterion 5 of the IPG states that development must be capable of being accommodated within the capacity of existing or planned infrastructure.

5.57 During the course of the application, to achieve visibility splays the plans have been amended to show the front boundary hedgerow to be in part removed and set further back. These splays can be achieved within the applicant’s ownership.

5.58 The Highway Authority has raised no objection to the proposal and visibility splays can be provided. There is adequate on-site turning and parking for each plot and the existing dwelling of The Cottage. It is considered that the proposal will not be detrimental to highway safety.

Drainage

5.59 Foul drainage would be disposed of via a package treatment plan and surface water via a soakaway. There is no evidence to suggest that the demands on the infrastructure of the village arising from the development would be so great that the infrastructure would be unable to cope with the additional development or cause harm to the amenity of the village.

Land contamination

5.60 The submitted information does not identify any asbestos, fuel, oil or chemical storage, waste disposal, burning or any other risks of land contamination. Therefore, the proposal is considered to not result in an unacceptable risk from contamination.

Public benefits

5.61 In terms of the extensions to The Cottage, they make a positive contribution towards the character and appearance of the Conservation Area as the design of the extension is consistent with other extensions in the village and typical of a rural village of this nature. Furthermore, the details of the replacement windows and doors will reinstate a typical late 19th cottage style on the front elevation of The Cottage which is prominent within the Conservation Area.

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5.62 Harm is identified through the siting of a new building within the street scene and Conservation Area and this relates to the principle of new development and the impact that will have as a new element within the village.

5.63 It is considered that the public benefits in this case do not outweigh the harm caused to the heritage asset of the Aldwark Conservation Area.

Planning balance

5.64 The proposal would create two new homes and bring one home back into use and up to standard for modern-day-use and to meet the minimum space standard requirements in a village that has some services. However, there are limited public transport links between the village and other sustainable settlements and those settlements are relatively distant resulting in a reliance on the private car.

5.65 Overall, it is considered the proposal represents an unacceptable development; the proposal would harm the character and significance of the Aldwark Conservation Area without sufficient public benefit to outweigh this harm.

6.0 RECOMMENDATION

6.1 That subject to any outstanding consultations permission is REFUSED for the following reasons:

1. The siting of two dwellings and associated amenity space and garaging on this open area would be harmful to the openness of this part of the Aldwark Conservation Area due to the location of the dwellings. The proposal is considered to fail to preserve or enhance the character and appearance of the Conservation Area as stated within Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and as required by NPPF the harm has been weighed against the public benefits of the scheme and it is found that the harm to the significance of the Conservation Area is not outweighed by the public benefits.

2. The proposal represents unsustainable development on a site outside of the Development Limits of a settlement in the Hambleton Settlement Hierarchy without a clear and exceptional case for development, contrary to Policies CP1, CP2, CP4, DP3 and DP4 of the adopted Hambleton Local Development Framework, which (amongst other things) seeks to reduce the need for travel by car, relieve pressure on the open countryside and locate new housing close to existing services and facilities. The proposed development is also contrary to the Council's Interim Policy Guidance, adopted April 2015, which sets out 6 criteria to be met in order for new development to be considered to be acceptable, in order to achieve a sustainable development by maintaining or enhancing the vitality of the local community. The proposal fails to meet the requirements of criterion 1 and 4 of the Interim Policy Guidance as the site is not located where it will support local services.

Page 20 Parish: Dalton Committee date: 25th July 2019 Ward: Sowerby and Topcliffe Officer dealing: Miss Charlotte Cornforth th 2 Target date: 29 July 2019

19/00791/FUL

Construction of two dwellings and formation of an access drive At Ivy House, Dalton For Mr J Wood

This application is referred to Planning Committee as the application is a departure from the Development Plan

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The application site is located to the north west of the dwelling of Ivy House, within an open paddock (0.32 hectares) that is currently used as grazing land, within the village of Dalton. The land is elevated from the main road and is bounded by a timber post and rail fence to the front, with some trees and hedgerows. To the north of the site is the housing development of The Willows and to the west is open space leading toward the road, Willow Bridge Lane that runs out of the village in a northerly direction.

1.2 Within the Settlement Hierarchy contained within the Interim Policy Guidance, Dalton is defined as a Secondary Village. The application site is located outside of the Development Limits for Dalton.

1.3 The proposal seeks the construction of two, detached 3 bedroom dormer bungalows, with an attached garage and bedroom at ground floor. The ridge height is proposed at 7 metres and the eaves height is proposed to be 2.5 metres. The dwellings will be constructed from red brick under a pantile roof with pitched roof dormers on the southern roof slope, with bay windows at ground floor and a central porch.

1.4 Vehicular and pedestrian access would be shared and taken from the south along a private drive and new access onto the highway. Each dwelling will have a driveway to the front, with open garden to the rear extending to a depth of 13 metres. The remainder of the paddock to the south would be retained as open land with a post and rail fence and hedgerow providing the boundary between this area and the application site.

1.5 Two pear trees approximately 6-8 metres in height are proposed to be felled within the paddock to facilitate the development. However, the remainder of the trees and hedgerows will be retained and a detailed landscaping plan has been submitted to show this. The trees that are proposed to be felled are in decline and are not considered worthy of a tree preservation order.

1.6 The dwellings themselves are located within Flood Zone 1; the lower part of the field is located within Flood Zone 2 with the access point located within Flood Zone 3. There is a pedestrian access point that to be surfaced passing through the western boundary hedge close to the dwellings to allow pedestrians a safe access and egress onto higher land if a flood event occurs. This has been shown on a plan and notice has been served on the adjacent land owner, which is the Parish Council. The application has been accompanied by a Flood Risk Assessment (Level 2) by FRC Ltd dated 31 July 2018.

1.7 The site is not located within or near to a Conservation Area nor is close to any listed buildings or other heritage assets.

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2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 18/00423/FUL - Construction of one dwelling; Application withdrawn 18.09.2018. This dwelling was positioned further to the south of this application site.

3.0 RELEVANT PLANNING POLICIES

3.1 The relevant policies are:

Core Strategy Policy CP1 - Sustainable development Core Strategy Policy CP2 – Access Core Strategy Policy CP4 - Settlement hierarchy Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Core Strategy Policy CP21 - Safe response to natural and other force Development Policy DP1 - Protecting amenity Development Policy DP3 - Site accessibility Development Policy DP4 - Access for all Development Policy DP8 - Development Limits Development Policy DP9 - Development outside Development Limits Development Policy DP10 - Form and character of settlements Development Policy DP30 - Protecting the character and appearance of the countryside Development Policy DP32 - General design Development Policy DP33 – Landscaping Development Policy DP43 - Flooding and floodplains Interim Guidance Note - adopted by Council on 7th April 2015 Size, Type and Tenure of New Homes SPD - adopted September 2015 National Planning Policy Framework

4.0 CONSULTATIONS

4.1 Dalton Parish Council – supports the application.

4.2 Highway Authority – no objection, subject to conditions.

4.3 Yorkshire Water – no response received to date.

4.4 Environmental Agency - no objections to the proposed development provided the dwellings are located in flood zone 1 in accordance with the submitted FRA and site drawings, subject to a condition regarding no raising of ground levels in flood zone 3, and all spoil arising from flood zone 3 should be removed from the floodplain and disposed of appropriately.

4.5 Environmental Health – no response received to date.

4.6 Public comments and site notice – one comment has been received from a neighbour. They state that they are happy for the new builds to go ahead but feel that we have lost enough greenery in the village with all the new builds please can ALL the hedges and trees please stay.

Since this comment, the agent has prepared a landscaping plan showing 2 trees to be felled and the remained of the trees and hedgerows to be retained. This has been shared within the neighbour and no further comments have been received,

5.0 ANALYSIS

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5.1 The main issues to consider are: (i) the principle of development; (ii) the impact on the character of the surrounding area, including the character and appearance of the village (iii) design; (iv) residential amenity; (v) highway safety (vi) land contamination (vii) flood risk; and (viii) drainage

Principle of development

5.2 The site falls outside the Development Limits of Dalton. Policy CP4 states that all development should normally be within the Development Limits of settlements.

5.3 Policy DP9 states that development will only be granted for development in exceptional circumstances. The applicant does not claim any of the exceptional circumstances identified in Policy CP4 and, as such, the proposal would be a departure from the Development Plan. However, it is also necessary to consider more recent national policy in the form of the National Planning Policy Framework (NPPF).

5.4 To ensure appropriate consistent interpretation of the NPPF alongside Policies CP4 and DP9, on 7 April 2015 the Council adopted Interim Policy Guidance (IPG) relating to Settlement Hierarchy and Housing Development in the Rural Areas. This guidance is intended to bridge the gap between CP4/DP9 and the NPPF and relates to residential development within villages. The IPG includes an updated Settlement Hierarchy.

5.5 The Interim Policy Guidance states that the Council will support small-scale housing development in villages where it contributes towards achieving sustainable development by maintaining or enhancing the vitality of the local community and where it meets all of the following criteria:

1. Development should be located where it will support local services including services in a village nearby. 2. Development must be small in scale, reflecting the existing built form and character of the village. 3. Development must not have a detrimental impact on the natural, built and historic environment. 4. Development should have no detrimental impact on the open character and appearance of the surrounding countryside or lead to the coalescence of settlements. 5. Development must be capable of being accommodated within the capacity of existing or planned infrastructure. 6. Development must conform with all other relevant LDF policies.

5.6 Within the settlement hierarchy contained within the IPG, Dalton is defined as a Secondary Village and is therefore considered a sustainable location for development; satisfying criterion one of the IPG that proposed development must provide support to local services including services in a village or villages nearby.

The character of the village

5.7 With regard to criterion 2 of the IPG, development must be small in scale and reflect the existing built form and character of the village. The development is small in scale, being for two dwellings.

5.8 The site layout shows two, 3 bedroom units with ground floor bedrooms. The Council’s Size, Type and Tenure of New Homes SPD identify a need for more choice for older people including that of bungalows and smaller dwellings (2 and 3

Page 23 bedroom). The dwellings are considered to meet the Size, Type and Tenure of New Homes SPD.

5.9 IPG criterion 3 states that development must not have a detrimental impact upon the natural, built and historic environment. Criterion 4 states development should have no detrimental impact on the open character and appearance of the surrounding countryside or lead to the coalescence of settlements.

5.10 The application site is currently used as grazing land. There is no significant ecological interest associated with the site itself. The scheme would have no significant detrimental impact upon local ecology.

5.11 In terms of the character and appearance of the village, the application site was defined in the 1999 Hambleton District-Wide Local Plan under Policy BD5 as a space of ‘townscape’ importance. (The 1999 Local Plan was replaced by the Local Development Framework and the policies are no longer in force.) These spaces include paddocks, orchards, large gardens and village greens. The infilling of such spaces in villages with new buildings was considered in this policy to lead to the erosions of the character of settlements. Open spaces within villages enhance the character of village and are important in contributing to the quality of life of residents within a settlement. Only development that would not adversely affect the contribution of such spaces make to the character, setting or historic form and layout of the settlement should be permitted.

5.12 Whilst the site is not defined within the LDF as a space of ‘townscape’ importance, it has been excluded from the Development Limits. It is considered to still meet the criteria of the 1999 Policy BD5 – Spaces of Townscape Importance. This criteria identifies that (development will not be permitted which would result in the loss of, or damage to, important spaces in settlements, as defined on the Inset Maps, or other spaces, which):

• Make a significant contribution to the character setting of the settlement • Provide an attractive setting for buildings within it • Are important to the historic form and layout of the settlement

5.13 This grazing paddock is undeveloped, set back from the road and forms a buffer between the built form of the recent development of The Willows and Willow Grove to the north of the paddock. To the south of the paddock is the main road and a further area of open land providing a substantial open space to the side of Garth House. The site is also adjacent to the other parcel of land that is grassed and used as public open space. This area was also defined as a space of ‘townscape’ importance within the 1999 Hambleton District Wide Local Plan. Together, these areas of land make a significant contribution towards the character setting of this rural settlement.

5.14 The dwellings in this current application have been positioned further back within the paddock compared to the previous scheme and will be read against the back drop of the residential development of The Willows and Willow Grove. The rest of the paddock will be retained. Setting the development into the paddock means that the dwellings will be less apparent in the street scene and views will be masked given the change in levels and intervening soft landscaping.

5.15 It is considered that the siting of the dwellings will cause some harm the open character of the settlement. However, the dwellings would be read in the context of other dwellings in the locality. They are positioned further back than Ivy House will remain prominent in the street scene. The dwellings will not be viewed as an intrusive feature within the otherwise open paddock within the village.

Page 24 5.16 Furthermore, the development is located within the envelope of the village and is not considered to have a detrimental impact upon the open character and appearance of the surrounding countryside or lead to the coalescence of settlements. It is considered that the wording of BD5 is helpful in assessing the proposal and the impact upon the environment and allows a conclusion to be reached that the proposal meets the requirements of the underlying LDF policies and the criteria 3 and 4 of the IPG.

Design

5.17 Policies CP17 and DP32 require the highest quality of creative, innovative and sustainable design for buildings and landscaping that take account of local character and settings, promote local identity and distinctiveness and are appropriate in terms of use, movement, form and space.

5.18 The dwellings are relatively modest in style, constructed from traditional materials, with traditional roof pitches and detailing in the form of bay windows and a porch. The attached garage is subservient to the main dwelling and the pitched roof dormers sit well back on the roof slope.

5.19 In light of the above, it is considered that the proposed development is considered to be of good design in accordance with the principles of the NPPF and the requirements of Policy CP17 and DP32 of the adopted LDF.

Residential amenity

5.20 The closest residential dwellings to the site are 3 Willow Grove and 17 The Willows. There is a side to side relationship between Plot 1 and 3 Willow Grove and a rear to side relationship between Plot 2 and 17 The Willows.

5.21 It is considered that due to positioning of the dwellings, the dwellings being relatively low in height, the positioning of the openings and the landscape features that will be retained, there would not be a material adverse impact upon the amenity of the neighbouring occupiers.

Highway safety

5.22 Criterion 5 of the IPG states that development must be capable of being accommodated within the capacity of existing or planned infrastructure.

5.23 The Highway Authority has raised no objection to the proposal and visibility splays can be provided. There is adequate on-site turning and parking for each plot. It is considered that the proposal will not be detriment to highway safety.

Land contamination

5.24 The submitted information does not identify any asbestos, fuel, oil or chemical storage, waste disposal, burning or any other risks of land contamination. Therefore, the proposal is considered to not result in an unacceptable risk from contamination.

Flood risk

5.25 The dwellings themselves are located within Flood Zone 1; the lower part of the field is located within Flood Zone 2 with the access point located within Flood Zone 3. There is a pedestrian access point that will be surfaced through the western boundary hedge close to the dwellings to allow pedestrians a safe access and egress onto higher land if a flood event occurs. This has been shown on a plan and notice

Page 25 has been served on the adjacent land owner, which is the Parish Council. The application has been accompanied by a Flood Risk Assessment (Level 2) by FRC Ltd dated 31 July 2018

5.26 The Environment Agency has raised no objection to the proposal on the basis that the dwellings are located within Flood Zone 1; the lowest area of flood risk. The pedestrian access point will allow for a safe access and egress in a flood event and it is considered that the proposed development is acceptable in terms of flood risk and will not increase flood risk elsewhere in the area.

Drainage

5.27 Foul drainage would be disposed of via the mains and surface water via a soakaway. There is no evidence to suggest that the demands on the infrastructure of the village arising from the development would be so great that the infrastructure would be unable to cope with the additional development or cause harm to the amenity of the village and meets the requirements of criteria 5 of the IPG.

Planning Balance

5.28 The proposed development will result in economic activity through the construction of two new homes, and the social gains of the creation of an additional 2 dwellings. The gains in both these aspects of ‘sustainable development’ are small, in this instance, the scheme is considered to be ‘neutral’ in respect of environmental impacts. There is no environmental harm and as a consequence the scheme is on balance found to be sustainable development in the terms of the NPPF.

6.0 RECOMMENDATION

6.1 That subject to any outstanding consultations permission is GRANTED subject to the following conditions:

1. The development hereby permitted shall be begun within three years of the date of this permission.

2. The permission hereby granted shall not be undertaken other than in complete accordance with the drawing(s)

Revised Site Location Plan received 21st June 2019, Revised Site Layout Plan Rev A received 21st June 2019, Block Plan 1891-1A received 5th April 2019, Section 1:200 @A3 received 10th June 2019 & Proposed Floor Plans and Elevations 1891-2B.

3. No above ground construction work shall be undertaken until details and samples of the materials to be used in the construction of the external surfaces of the development have been made available on the application site for inspection (and the Local Planning Authority have been advised that the materials are on site) and the materials have been approved in writing by the Local Planning Authority. The development shall be constructed of the approved materials in accordance with the approved method.

4. There shall be no access or egress by any vehicles between the highway and the application site until full details of any measures required to prevent surface water from non-highway areas discharging on to the existing or proposed highway together with a programme for their implementation have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with the approved details and programme.

Page 26 5. Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works, or the depositing of material on the site until the access(es) to the site have been set out and constructed in accordance with the published Specification of the Highway Authority and the following requirements:

a. The crossing of the highway footway shall be constructed in accordance with Standard Detail number E6.

b. The final surfacing of any private access shall not contain any loose material that is capable of being drawn on to the existing or proposed public highway.

6. No part of the development shall be brought into use until the approved vehicle access, parking, manoeuvring and turning areas have been constructed in accordance with the submitted drawing 1891-1A. Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

7. There shall be no access or egress by any vehicles between the highway and the application site until details of the precautions to be taken to prevent the deposit of mud, grit and dirt on public highways by vehicles travelling to and from the site have been submitted to and approved in writing by the Local Planning Authority. These facilities shall include the provision of wheel washing

facilities where considered necessary by the Local Planning Authority. These precautions shall be made available before any excavation or depositing of material in connection with the construction commences on the site and be kept available and in full working order and used until such time as the Local Planning Authority agrees in writing to their withdrawal

8. Unless approved otherwise in writing by the Local Planning Authority there shall be no establishment of a site compound, site clearance, demolition, excavation or depositing of material in connection with the construction on the site until proposals have been submitted to and approved in writing by the Local Planning Authority for the provision of:

a. parking capable of accommodating staff and sub-contractors vehicles clear of the public highway

b. materials storage area capable of accommodating materials required for the operation of the site.

c. The approved areas shall be kept available for their intended use at all times that construction works are in operation.

9. There must be no raising of ground levels in flood zone 3, and all spoil arising from Flood Zone 3 are to be removed from the floodplain.

10. Prior to the occupation of the dwelling, exact details of the surfacing for the pedestrian access point through the western boundary hedge shall be submitted to and approved in writing by the Local Planning Authority and the access shall be formed in accordance with the approved details. The access shall be kept available for use thereafter.

11. Above ground construction of dwellings shall not be commenced until a detailed landscaping scheme indicating the type height, species and location of all new trees and shrubs has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied after the end of the first planting and

Page 27 seeding seasons following the approval of the landscaping scheme, unless those elements of the approved scheme situated within the curtilage of that dwelling have been implemented. Any trees or plants which within a period of 5 years of planting die, are removed, or become seriously damaged or diseased, shall be replaced with others of similar size and species.

12. Prior to construction of any building or regrading of land commencing detailed cross sections shall be submitted to and approved in writing by the Local Planning Authority, showing the existing ground levels in relation to the proposed ground and finished floor levels for the development and the relationship to adjacent development. The levels shall relate to a fixed Ordnance Datum. The development shall be constructed in accordance with the approved details and thereafter be retained in the approved form.

The reasons are:

1. To ensure compliance with Section 51 of the Planning and Compulsory Purchase Act 2004.

2. In order that the development is undertaken in a form that is appropriate to the character and appearance of its surroundings and in accordance with the Hambleton Development Plan Policies DP1, DP28 and CP17.

3. To ensure that the external appearance of the development is compatible with the immediate surroundings of the site and the area as a whole in accordance with Hambleton Local Development Framework Policy CP17.

4. In the interests of highway safety.

5. To ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience.

6. To provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development.

7. To ensure that no mud or other debris is deposited on the carriageway in the interests of highway safety.

8. To provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area.

9. To ensure that there is no loss of flood storage (or displacement of flood flows onto others), or alteration to existing flood flow routes.

10. To ensure that the external appearance of the development is compatible with the immediate surroundings of the site and the area as a whole in accordance with Hambleton Local Development Framework Policy CP17.

11. In order to soften the visual appearance of the development whole in accordance with Hambleton Local Development Framework Policy CP17.

12. To ensure that the development is appropriate in terms of amenity in accordance with Local Development Framework Policies CP1 and DP1.

Informatives

1. You are advised that a separate licence will be required from the Highway Authority in order to allow any works in the adopted highway to be carried out. The

Page 28 ‘Specification for Housing and Industrial Estate Roads and Private Street Works’ published by North Yorkshire County Council, the Highway Authority, is available at the County Council’s offices. The local office of the Highway Authority will also be pleased to provide the detailed constructional specification referred to in this condition.

Page 29 This page is intentionally left blank Parish: Easingwold Committee Date: 25 July 2019 Ward: Easingwold Officer dealing: Miss Ruth Hindmarch 3 Target Date: 23 May 2018 Date of extension of time (if agreed):

18/00375/FUL

Full planning application for the construction of 12 dwellings, garages and associated infrastructure. at Land Adjacent Ash Lea and Bellwood Cottage, Raskelf Road, Easingwold for Daniel Gath Homes.

This application is referred to Planning Committee as the proposal follows a refused proposal considered by the Committee that was a departure from the Development Plan and this proposal involves Discount Market Sale affordable housing.

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The application site is located on the north side of Raskelf Road, approximately 130 metres from the junction with Thirsk Road. It comprises an existing domestic plot, known as Bellwood Cottage, a paddock and part of the domestic rear garden of Ash Lea.

1.2 The 0.48 hectare site is bounded by hedging and there are some mature trees on the northern boundary. The southern part of the paddock, between Ash Lea and Bellwood Cottage, is within Development Limits, the boundary for which closely follows the rear of existing built form rather than the full extent of plots. As such the northern section of the site is beyond Development Limits.

1.3 Full planning permission is sought for the demolition of Bellwood Cottage and the erection of twelve dwellings. These would be a combination of two, three and four bedroom properties; ten being two storey, two units would be bungalows. Of the 12 dwellings 9 are two and three bedroom units and include 2 bungalows.

1.4 A single access would be taken from Raskelf Road to serve the development with space for turning and parking of vehicles provided within the site. The seven properties across the site frontage, within Development Limits, would have in- curtilage parking spaces accessed from the rear, three having a garage, while the five plots to the rear, beyond Development Limits, would be accessed by private drives and each with a garage.

1.5 Minor improvements had previously been secured to the proposed layout to achieve better separation distances between properties and changes to meet the comments of the Local Highway Authority.

1.6 The dwellings accord with the requirements of the Nationally Described Space Standard.

1.7 Plots 9 and 10 are proposed be affordable homes, transferred to a Registered Provider and to be ‘Affordable Rent’. Plots 11 and 12 are to be affordable homes, Discount Market Sales units discounted by 45% from the Market Value and controlled in perpetuity by a Planning Obligation.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 17/01328/FUL Planning application for the layout of 12 dwellings, garages and associated infrastructure. Application refused 12 October 2017 and appeal (18/00009/REFUSE) dismissed 16 November 2018.

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The Inspector concluded in dismissing the appeal:

“…that the proposal would deliver a number of benefits which may not arise from a scheme located completely with the Development Limit. However, sufficiently robust evidence has not been provided to justify a reduced contribution to affordable housing. The proposal is not in accordance with the development plan and it is this matter which is decisive in this appeal.”

3.0 RELEVANT PLANNING POLICIES:

3.1 The relevant policy of the Development Plan and any supplementary planning policy advice are as follows;

Core Strategy Policy CP1 - Sustainable development Core Strategy Policy CP2 - Access Core Strategy Policy CP4 - Settlement hierarchy Core Strategy Policy CP8 - Type, size and tenure of housing Core Strategy Policy CP9 - Affordable housing Core Strategy Policy CP9A - Affordable housing exceptions Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Development Policies DP21 - Support for town centre shopping Development Policies DP1 - Protecting amenity Development Policies DP3 - Site accessibility Development Policies DP4 - Access for all Development Policies DP8 - Development Limits Development Policies DP9 - Development outside Development Limits Development Policies DP10 - Form and character of settlements Development Policies DP30 - Protecting the character and appearance of the countryside Development Policies DP32 - General design Development Policies DP33 - Landscaping Development Policies DP43 - Flooding and floodplains Affordable Housing - Supplementary Planning Guidance - June 2008 Supplementary Planning Document - Size, type and tenure of new homes - adopted September 2015

4.0 CONSULTATIONS

4.1 Easingwold Town Council – Wishes to see the application approved.

4.2 NYCC Local Highway Authority – No objection subject to conditions relating to the access, parking and turning space and site management.

4.3 Lead Local Flood Authority (LLFA)– No objection raised but seek additional details of the detailed design of the foul and surface water drainage system.

4.4 Environmental Health Officer – No objection but recommend conditions relating to the investigation and treatment if land contamination is found.

4.5 Yorkshire Water – No objection.

4.6 Public comments – No responses

Dcagenda-07 Page 32 5.0 OBSERVATIONS

5.1 As shown in the details of the relevant planning history, a similar proposal has already been determined and the appeal dismissed. The issues of the principle of the development that is partly inside and partly outside the Development Limits of Easingwold; matters of highway safety, drainage, design and the provision of affordable housing, were also addressed at an appeal hearing, with the conclusions set out in the decision letter of the Planning Inspector. The appeal decision is a matter to which weight should be attached.

5.2 The main issues to consider in this application remain: (i) the principle of development; (ii) size, type and tenure including affordable housing; (iii) highway safety (iv) drainage, and (v) design.

Principle of Development

5.3 The proposal as the previous scheme has the southern portion of the site is within defined Development Limits and the principle of residential development on that portion of the site is supported by Local Development Framework (LDF) policies particularly CP6. However the remainder of the site is beyond Development Limits and as such the development of a further five dwellings on this part of the site would be a departure from the development plan, which would require exceptional justification.

5.4 The proposal for housing outside the Development Limits of Easingwold is to be tested against LDF Policy CP4iii which together with CP9a supported development where it is 100% affordable.

5.5 The proposal shows that the units outside Development Limit are open market dwellings, however the Planning Inspector observed

“… Policy CP9a would only support the scheme if all 4 dwellings beyond the development limit were affordable…” (Paragraph 13 of appeal 3196566)

At the time of the appeal only 2 dwellings were proposed to be affordable housing units and the Inspector found that the proposal did not make suitable provision for affordable housing and was contrary to CP4, CP9, CP9a and DP13.

5.6 The revisions made to the scheme have increased the proportion of affordable housing to 4 units. The scheme provides affordable housing units that in principle satisfies the requirements of CP4, CP9, CP9a and DP13 and thereby overcomes the previous policy objection.

Size, type and tenure including affordable housing.

5.7 The scheme proposes a mix of house types that would contribute towards identified housing need in the District with 75% of the units being 2 and 3 bedroom dwellings, including two 2-bedroom bungalows (16%). The mix of sizes and types of dwellings is therefore appropriate and complies with the requirement of the Local Development Framework Policies CP8 and DP13 to respond to the need for an increase in the provision of smaller homes.

5.8 All of the dwellings exceed the minimum floor areas set out in the Nationally Described Space Standards.

5.9 The tenure arrangements proposed are for 8 units of market housing, 2 affordable rental units and 2 discount market for sale (DMS) units. The extent of discount has been the subject of extensive discussion to ensure that the DMS units meet the

Dcagenda-07 Page 33 affordability targets of CP9 and CP9a. The level of discount is proposed to be 45%. This means that the sales price of the 2 DMS units would be reduced by 45% from the open market value of the property and would meet the affordability criteria of meeting the lowest quartile household income. The discounted level can be controlled in perpetuity by means of a Section 106 Agreement. The Section 106 Agreement can also control the local connection applying to both the affordable rental and DMS units in perpetuity.

Highway safety

5.10 A single point of access is proposed into the site from Raskelf Road with a minimum of two parking spaces per property proposed within the site, some as in-curtilage bays and others within garages. The proposals are considered to make appropriate provision for parking to meet the requirements of CP3 that seeks to avoid congestion. The Authority does not raise any objection to the proposal, subject to standard conditions.

Drainage

5.11 The NPPF requires planning authorities to ensure that sustainable drainage systems for the management of runoff are in place for major development unless demonstrated to be inappropriate and that there are clear arrangements in place for ongoing maintenance over the lifetime of the development. The advice of the Local Lead Flood Authority shows that with a suitably worded condition regarding the control of foul and surface water disposal the scheme is acceptable. The development is proposed to be drained with foul water to the public sewer and a sustainable drainage system for surface water disposal. The proposal meets the requirements of the LDF policies in this respect. Conditions are necessary to ensure the scheme is provided in accordance with the requirements of the LDF and the LLFA guidance.

Design

5.12 One of Hambleton’s strategic planning objectives, set out in The Core Strategy Local Development Document (2007), is “To protect and enhance the historic heritage and the unique character and identity of the towns and villages by ensuring that new developments are appropriate in terms of scale and location in the context of settlement form and character.”

5.13 Policies CP17 and DP32 require the highest quality of creative, innovative and sustainable design for buildings and landscaping that take account of local character and settings, promote local identity and distinctiveness and are appropriate in terms of use, movement, form and space.

5.14 The National Planning Policy Framework Planning (NPPF) supports this approach and states that planning permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions. The NPPF sets an expectation that applicants engage with the local community in drawing up the design of their schemes.

5.15 Overall the proposed design is of appropriate quality, introducing properties of traditional materials and design features that would respect the residential nature of Raskelf Road. The layout allows for minimum privacy distances to be achieved while introducing properties that front the highway as per the existing vernacular with internal access and turning facilities to serve properties within the site. The proposed development would sit well within the existing built form of Easingwold and would not detract from its character.

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Planning balance

5.16 The development would have some public economic benefits in terms of employment during construction, although this would be short term, ongoing economic impact would arise from the activity of the future occupiers. The scheme would provide social benefits through the provision of additional housing and the greater social benefit of affordable housing in perpetuity for local people. The location of the site in a residential area and has close links to the range of services the Service Centre of Easingwold offers, including good transport links to other areas and can be undertaken without detriment to the environment. No other matters are found to outweigh the conclusion that overall the scheme is a sustainable form of development that accords with the policies of the LDF.

6.0 RECOMMENDATION:

6.1 That subject to any outstanding consultations the application be GRANTED subject to conditions and the completion of a Section 106 Agreement to secure the provision of affordable housing for local people in perpetuity.

1. The development hereby permitted shall be begun within three years of the date of this permission.

2. Land Contamination. 1. No development shall commence until a 'Phase 2' Detailed Site Investigation and Risk Assessment, having regard to current best practice, has been submitted to and approved in writing by the Local Planning Authority. (see Note for Applicant CL2) 2. No development shall commence until a 'Phase 3' Remediation Strategy, having regard to current best practice, has been submitted to and approved in writing by the Local Planning Authority. (see Note for Applicant CL4) 3. If contamination is found or suspected at any time during development that was not previously identified all works shall cease and the Local Planning Authority shall be notified in writing immediately. No further development shall be undertaken until a detailed site investigation and risk assessment, having regard to current best practice, has been carried out. Where remediation is necessary an updated Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority before any further development occurs. (see Note for Applicant CL2 and CL4) 4. No further development shall commence until the approved remediation scheme has been implemented. 5. The development shall not be occupied/The development shall not be brought into use until a Verification Report, having regard to current best practice, has been submitted to and approved in writing by the Local Planning Authority. (see Note for Applicant CL5)

Contaminated Land Notes for Applicants: CL2 - Detailed site investigations should have regard to current best practice and the advice and guidance contained in CLR11 (Environment Agency, 2004), British Standards including BS10175: 2011 "Investigation of potentially contaminated sites - Code of Practice" and BS5930: 1999 "Code of practice for site investigations", and the National Planning Policy Framework (NPPF). CL4 - Remediation Strategies should have regard to current best practice and the advice and guidance contained in CLR11 (Environment Agency, 2004). Further advice is contained in the YALPAG Technical Guidance for

Dcagenda-07 Page 35 Developers, Landowners and Consultants "Development on Land Affected by Contamination", version 9.2 March 2018. Remediation Strategies should include an options appraisal, objectives for remediation, proposed remediation works, proposed verification works, permits or consents required, contingency measures and unexpected contamination, and timescales.

CL5 - Verification reports should have regard to current best practice including CLR11 (Environment Agency, 2004) and YALPAG Technical Guidance for Developers, Landowners and Consultants documents "Development on Land Affected by Contamination", version 9.2 March 2018, "Verification Requirements for Cover Systems", version 3.4 November 2017, and "Verification Requirements for Gas Protection Systems, version 1.1 (YALPAG, 2016). Verification reports should contain the details and objectives of all the remediation works undertaken on site. This should include a description of all remediation works carried out including photographs, certificates and transfer notes, plans showing areas remediated, volume and location of materials affected by contamination and treated or disposed of either on or off-site, volume and source of clean materials re- used or imported onto site, justification for any deviation from the agreed remediation strategy, details of any unexpected contamination encountered, details of verification sampling including laboratory results and comparison with agreed remediation criteria, evidence of appropriate installation of gas protection systems, and conclusions demonstrating that all pollutant linkages have been broken.

3. Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works or the depositing of material on the site, until the following drawings and details have been submitted to and approved in writing by the Local Planning Authority: (1) Detailed engineering drawings to a scale of not less than 1:500 and based upon an accurate survey showing: (a) the proposed highway layout including the highway boundary (b) dimensions of any carriageway, cycleway, footway, and verges (c) visibility splays (d) the proposed buildings and site layout, including levels (e) accesses and driveways (f) drainage and sewerage system (g) lining and signing (h) traffic calming measures (i) all types of surfacing (including tactiles), kerbing and edging.

(2) Longitudinal sections to a scale of not less than 1:500 horizontal and not less than 1:50 vertical along the centre line of each proposed road showing: (a) the existing ground level (b) the proposed road channel and centre line levels (c) full details of surface water drainage proposals.

(3) Full highway construction details including: (a) typical highway cross-sections to scale of not less than 1:50 showing a specification for all the types of construction proposed for carriageways, cycleways and footways/footpaths (b) when requested cross sections at regular intervals along the proposed roads showing the existing and proposed ground levels (c) kerb and edging construction details (d) typical drainage construction details.

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(4) Details of the method and means of surface water disposal.

(5) Details of all proposed street lighting. (6) Drawings for the proposed new roads and footways/footpaths giving all relevant dimensions for their setting out including reference dimensions to existing features.

(7) Full working drawings for any structures which affect or form part of the highway network.

(8) A programme for completing the works.

The development shall only be carried out in full compliance with the approved drawings and details unless agreed otherwise in writing by the Local Planning Authority.

4. No dwelling to which this planning permission relates shall be occupied until the carriageway and any footway/footpath from which it gains access is constructed to basecourse macadam level or block paved (as approved) and kerbed and connected to the existing highway network with street lighting installed and in operation. The completion of all road works, including any phasing, shall be in accordance with a programme approved in writing with the Local Planning Authority before the first dwelling of the development is occupied.

5. There shall be no access or egress by any vehicles between the highway and the application site (except for the purposes of constructing the initial site access) at Raskelf Road until splays are provided giving clear visibility of 43 metres measured along both channel lines of the major road from a point measured 2.4 metres down the centre line of the access road. The eye height will be 1.05 and the object height shall be 0.6 metres. Once created, these visibility areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

6. No dwelling shall be occupied until the related parking facilities have been constructed in accordance with the approved drawing 500 Rev N. Once created these parking areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

7. No demolition or construction for any phase of the development shall take place until a Construction Phase Management Plan for that phase relating to the programme of demolition and construction works has been submitted to, and approved in writing by, the Local Planning Authority. The approved Construction Phase Management Plan be adhered to throughout the construction period for the phase. The plans shall include, but not be limited, to arrangements for the following in respect of each phase of the works: 1. Measures to manage the delivery and removal of materials and plant to the site 2. Storage of plant and materials used in constructing the development 3. Wheel washing facilities

8. The development shall not be occupied until a detailed landscaping scheme indicating the type, height, species and location of all new trees and shrubs has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be used after the end of the first planting and seeding seasons following the approval of the landscaping scheme, unless the approved scheme has been completed. Any trees or

Dcagenda-07 Page 37 plants which, within a period of 5 years of planting die, are removed, or become seriously damaged or diseased, shall be replaced with others of similar size and species.

9. The permission hereby granted shall not be undertaken other than in complete accordance with the drawings numbered and received as follows:

Layout Location plan received 21 February 2018 Site plan 12 plots 500 revision N received 11 July 2019

Dwellings The Cundall Plot 7 2 bed 3 person bungalow Planning drawing revision A received 11 July 2019 The Cundall Plot 8 2 bed 3 person bungalow Planning drawing revision A received 11 July 2019 The Hepton plots 1, 2, 9 and 10 Planning drawing revision C received 11 July 2019 The Hepton 2 bed 3 person houses on plots 11 and 12 Planning drawing revision C received 11 July 2019 The Sedburgh Plot 3 Planning drawing received 12 December 2018 Plot 4 Planning drawing received 21 February 2018 Plot 5 Planning drawing sheet 1 (elevations) received 21 February 2018 Plot 5 Planning drawing sheet 2 (floor plans) received 21 February 2018 Plot 6 Planning drawing revision A received 21 February 2018

Garages Garages on plots 1 and 2 received 13 December 2018 Double garage on plots 4 and 6 received 21 February 2018 Garage planning drawing for plot 7 received 21 February 2018 1720 Raskelf Rd single garage on Plots 3 and 8 received 21 February 2018

10. Development shall not commence until a scheme detailing foul and surface water drainage has been submitted to and approved in writing by the Local Planning Authority. The scheme shall detail phasing of the development and phasing of drainage provision, where appropriate. Principles of sustainable urban drainage shall be employed wherever possible. The works shall be implemented in accordance with the approved phasing. No part or phase of the development shall be brought into use until the drainage works approved for that part or phase has been completed.

11. Prior to development commencing details of the existing ground and floor levels of site and neighbouring buildings and the proposed ground and finished floor levels of the site shall be submitted to and approved in writing by the Local Planning Authority. The levels shall relate to an identified fixed Ordnance Datum. The development shall be constructed in accordance with the approved details and thereafter be retained in the approved form.

The reasons are:-

1. To ensure compliance with Sections 91 and 92 of the Town and Country Planning Act 1990 and where appropriate as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. In order to take proper account of the risks to the health and safety of the local population, builders and the environment and address these risks and in accordance with the Hambleton Local Development Framework CP21.

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3. In accordance with Policy CP1, CP3 and CP4 and to secure an appropriate highway constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of highway users.

4. In accordance with Policy CP1, CP3 and CP4 and to ensure safe and appropriate access and egress to the dwellings, in the interests of highway safety and the convenience of prospective residents.

5. In accordance with Policy CP1 and CP4 and in the interests of road safety

6. In accordance with Policy CP1 and CP3 and to provide for adequate and satisfactory provision of off-street accommodation for vehicles in the interest of safety and the general amenity of the development.

7. To provide for appropriate parking and storage in the interests of highway safety.

8. In order to soften the visual appearance of the development and provide any appropriate screening to adjoining properties in accordance with Local Development Framework Policy CP17 and DP32.

9. In order that the development is undertaken in a form that is appropriate to the character and appearance of its surroundings and in accordance with the Development Plan Policies CP17 and DP32..

10. To ensure the provision of adequate and sustainable means of drainage in the interests of amenity and flood risk.

11. To ensure that the development is appropriate to environment in terms of amenity and drainage in accordance with the Local Development Framework Policies CP1, CP17 and DP32.

Dcagenda-07 Page 39 This page is intentionally left blank Parish: Hackforth Committee date: 25 July 2019 Ward: Bedale Officer dealing: Mrs H Laws 4 Target date: 29 July 2019

19/00988/FUL

Change of use of land for the construction of one dwellinghouse and the re-siting of existing stable structure At: Land to the north of Sheilings, North Road, Hackforth For: D McCabe & L McQue

This application is referred to Planning Committee as the proposal is a departure from the Development Plan

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The site lies at the northern end of the village, on the eastern side of the main village street leading north towards Catterick. The site, which covers an area of 0.18 hectares, is currently a paddock area with a stable block, used in association with Sheilings, a detached single storey dwelling.

1.2 To the west of the site lies Mill House; open countryside lies beyond the site to the north and east. The land to the west forms part of Hornby Castle Park, which is a grade II listed, Registered Park and Garden.

1.3 It is proposed to remove the stable block and construct a two bedroomed dwelling with the first floor bedroom accommodation within the roofspace.

1.4 It is also proposed to construct a new building to provide a replacement stable block with a footprint of approximately 9m x 6m.

1.5 A new access is proposed to the south of the existing access. It is proposed to retain the existing hedges and post and rail fencing.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 2/87/062/0023 – Construction of a block of 2 stables with feed stores and tack room. Permission granted 29 February 1986.

2.2 18/00352/OUT - Outline application with some matters reserved (access and layout included) for the construction of a single dwellinghouse. Permission granted 4 May 2018 (on part of the site)

3.0 RELEVANT PLANNING POLICIES

3.1 The relevant policies are:

Core Strategy Policy CP1 - Sustainable development Core Strategy Policy CP2 – Access Core Strategy Policy CP4 - Settlement hierarchy Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Core Strategy Policy CP21 - Safe response to natural and other forces Development Policies DP1 - Protecting amenity Development Policies DP4 - Access for all Development Policies DP9 – Development outside Development Limits Development Policies DP10 - Form and character of settlements

Page 41 Development Policies DP30 - Protecting the character and appearance of the countryside Development Policies DP32 - General design Development Policies DP43 - Flooding and floodplains Interim Guidance Note - adopted by Council on 7th April 2015 National Planning Policy Framework

4.0 CONSULTATIONS

4.1 Parish Council – no objection

4.2 Highway Authority – conditions recommended

4.3 Yorkshire Water – the proposal is in an area remote from the public foul sewerage network.

4.4 Public comments – one objection has been received, the comments of which are summarised as follows:

1. May affect the character and setting of this part of Hackforth and impact on the openness and historical setting of Hornby Park, a Grade II Registered Park and Garden.

2. Further extends development outside existing development limits

3. The proposed site layout is large and triangular in shape, which seems out of scale and character.

4. The stable relocation may further impact on openness and setting.

5. The proposed dwelling extends with an unusual 45° turn. Some of the detailing such as metal flue stack and front dormer windows seem out of character.

5.0 OBSERVATIONS

5.1 The main issues to consider are: (i) the principle of a new dwelling in this location; (ii) the impact on the character of the surrounding area, including the character and appearance of the village and the rural landscape; (iii) the design and layout; (iv) the impact on residential amenity; and (v) highway safety.

The principle of a new dwelling

5.2 Whilst it is noted that the development of this site has been previously approved, the following paragraphs review the discussion with regard to the principle of development in this location.

5.3 The site falls outside the Development Limits of Hackforth, which is defined in Policy CP4 of the Core Strategy as a Secondary Village. Policy DP9 states that development will only be granted for development "in exceptional circumstances". The applicant does not claim any of the exceptional circumstances identified in Policy CP4 and, as such, the proposal would be a departure from the development plan. However, it is also necessary to consider more recent national policy in the form of the NPPF. Paragraph 78 of the NPPF states:

"To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will

Page 42 support local services. Where there are groups of smaller settlements, development in one village may support services in a village nearby".

5.4 To ensure appropriate consistent interpretation of the NPPF alongside Policies CP4 and DP9, the Council has adopted Interim Policy Guidance (IPG) relating to Settlement Hierarchy and Housing Development in the Rural Areas. This guidance is intended to bridge the gap between CP4/DP9 and the NPPF and relates to residential development within villages. The IPG has brought in some changes and details how Hambleton District Council will now consider development in and around smaller settlements and has included an updated Settlement Hierarchy.

5.5 In the 2014 settlement hierarchy contained within the IPG, Hackforth is no longer defined as a Secondary Village but as an 'Other Settlement'. Within the IPG small scale development adjacent to the main built form of the settlement "will be supported where it results in incremental and organic growth". To satisfy criterion 1 of the IPG the proposed development must provide support to local services including services in a village nearby. The site lies within walking distance of the centre of Hackforth which has a school, a pub and a village hall. The dwelling would lie within walking distance of all of these facilities. Additionally, Hackforth is close to Langthorne which has a village green which adds to the sustainability of the area (Hackforth not having such a facility). The village is also within cycling distance (3km) of Crakehall where there are further facilities although this should be given only marginal weight due to the distance. Given the form and variety of services and facilities in the village and in nearby Langthorne, which equate to those that might be found in a small Secondary Village, in this case it is considered that criterion 1 would be satisfied.

5.6 It is important to consider the likely impact of the proposed development with regard to criteria 2, 3 and 4 of the IPG. Planning permission was granted in 2018 for the construction of a single dwelling on this site and therefore the principle has been established for a small scale development in this location.

5.7 It is not considered that the construction of a single dwelling on this site would overwhelm the village in respect of scale, form or character and is considered to be acceptable.

Character and appearance of the village and the rural landscape

5.8 The land is immediately adjacent to the domestic curtilage of the existing dwelling and opposite part of the domestic curtilage of 7 North Road. It is not considered to be of special visual merit.

5.9 The construction of a dwelling on this plot would result in an encroachment beyond the existing line of development at the edge of the village but not significantly and due to the existing stable on the site the land is not currently open and undeveloped. The construction of the replacement stable block would be on land beyond the existing developed area but is small in scale and appropriate for the rural location in terms of its design and materials.

5.10 The view of the site, on the approach into the village from the north, is of the existing dwellings and therefore the open aspect of the countryside to the east would not be compromised.

Design and Layout

5.11 One of Hambleton’s strategic planning objectives, set out in The Core Strategy Local Development Document (2007), is “To protect and enhance the historic heritage and the unique character and identity of the towns and villages by ensuring that new

Page 43 developments are appropriate in terms of scale and location in the context of settlement form and character.”

5.12 Policies CP17 and DP32 require the highest quality of creative, innovative and sustainable design for buildings and landscaping that take account of local character and settings, promote local identity and distinctiveness and are appropriate in terms of use, movement, form and space.

5.13 The National Planning Policy Framework supports this approach and, at paragraph 130, states that planning permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

5.14 The submitted Design & Access Statement includes an assessment of local character. The proposal is for the construction of a bungalow style of dwelling, which would reflect the style of dwellings in the immediate vicinity. It is also considered to be an appropriate form of development as it would be a low level development at the entrance to the village. A detailed landscaping scheme has been received, which proposes to plant several trees along the western boundary of the proposed paddock area and also within the paddock itself. The aim would be to provide a soft edge to the site opposite the Hornby Castle Park, to reduce the visual impact of the development on that side of the road.

5.15 Hornby Castle Park, which is a Registered Park and Garden and therefore a designated heritage asset, lies opposite the application site. The history of the Park is as a medieval hunting ground and then as landscaped parkland, and its association with its previous owners and designers, forms part of its significance. The village of Hackforth lies immediately to the south east of the corner of the Park with open countryside to the south and east. The open countryside surrounding the Park also adds to its significance.

5.16 NPPF paragraph 193 states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation.

5.17 The NPPF places great importance in the setting of Heritage Assets, setting out at paragraph 194 that any “harm to, or loss of, the significance of a designated heritage asset (from its alteration or destruction, or from development within its setting), should require clear and convincing justification”.

5.18 Paragraph 196 states that where a development proposal will lead to “less than substantial harm” to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.

5.19 The application site already accommodates development in the form of a stable block. Albeit a rural building in character, its position on the site already reduces the open nature of the site in relation to Hornby Castle Park. The proposed building would be larger in scale than the stable but would be positioned as a relatively small extension to the village, on the opposite side of the road from the south eastern extremity of the Park.

5.20 It is not considered that an additional dwelling as proposed would harm the form and character of the village or the setting of the nearby heritage asset of Hornby Castle Park.

5.21 The proposal is in accordance with LDF Policies CP17 and DP32.

Page 44 Residential amenity

5.22 LDF Policy DP1 requires that all development proposals must adequately protect amenity, particularly with regard to privacy, security, noise and disturbance, pollution (including light pollution), vibration and daylight. The proposed dwelling lies adjacent to Sheilings and it is considered that adequate separation distance would be available to ensure there is no loss of amenity for existing or proposed residents.

5.23 The proposed development would not adversely impact on the amenities of the residents of the neighbouring properties and would be in accordance with LDF Policy DP1.

Highway safety

5.24 The Highway Authority has no objections to the creation of a new access onto the main road subject to appropriate conditions.

Planning balance

5.25 The proposal would create an additional dwelling in a sustainable location, without causing harm to the form and character of the village, and without harm in terms of highway safety. The scheme is found to result in social gains through the provision of new housing, the economic impact through the development would be small but positive and the environmental impacts as a consequence of the development are on balance found to be positive. No other material considerations would preclude a grant of planning permission. Overall the scheme is found on balance to be acceptable.

6.0 RECOMMENDATION

6.1 That subject to any outstanding consultations permission is GRANTED subject to the following conditions:

1. The development hereby permitted shall be begun within three years of the date of this permission.

2. No above ground construction work shall be undertaken until details and samples of the materials to be used in the construction of the external surfaces of the development have been made available on the application site for inspection (and the Local Planning Authority have been advised that the materials are on site) and the materials have been approved in writing by the Local Planning Authority. The development shall be constructed of the approved materials in accordance with the approved method.

3. All new, repaired or replaced areas of hard surfacing shall be formed using porous materials or provision shall be made to direct run-off water from the hard surface to an area that allows the water to drain away naturally within the curtilage of the property.

4. No part of the development shall be used after the end of the first planting and seeding seasons following the first occupation or completion of the building(s) whichever is the sooner, unless the landscaping scheme shown on the Landscape Masterplan received by Hambleton District Council on 1 May 2019 has been carried out. Any trees or plants which within a period of 5 years of planting die, are removed or become seriously damaged or diseased, shall be replaced with others of similar size and species.

5. Prior to development commencing detailed cross sections shall be submitted to and approved in writing by the Local Planning Authority, showing the existing ground

Page 45 levels in relation to the proposed ground and finished floor levels for the development. The levels shall relate to a fixed Ordnance Datum. The development shall be constructed in accordance with the approved details and thereafter be retained in the approved form.

6. There shall be no access or egress by any vehicles between the highway and the application site until full details of any measures required to prevent surface water from non-highway areas discharging on to the existing or proposed highway together with a programme for their implementation have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with the approved details and programme.

7. Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works, or the depositing of material on the site until the access to the site has been set out and constructed in accordance with the published Specification of the Highway Authority and the following requirements: (d) The crossing of the highway verge shall be constructed in accordance with the approved details and Standard Detail number E1 Var (Construction depths only); (e) Any gates or barriers shall be erected a minimum distance of 4.5 metres back from the carriageway of the existing highway and shall not be able to swing over the existing highway; and (f) That part of the access extending into the site from the carriageway of the existing highway shall be at a gradient not exceeding 1 in 15. All works shall accord with the approved details unless otherwise agreed in writing by the Local Planning Authority.

8. There shall be no access or egress by any vehicles between the highway and the application site (except for the purposes of constructing the initial site access) until splays are provided giving clear visibility of 120 metres measured along both channel lines of the major road from a point measured 2 metres down the centre line of the access. The eye height will be 1.05 metres and the object height shall be 0.6 metres. Once created, these visibility areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

9. Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works, or the depositing of material on the site in connection with the construction of the access road or building(s) or other works hereby permitted until full details of the following have been submitted to and approved in writing by the Local Planning Authority: (a) the provision of a new section of footway to link the proposed vehicular access into the site with the existing footway to the south; and (b) a programme for the completion of the above works. The works shall be undertaken in accordance with the approved details and retained for their intended purpose at all times.

10. No part of the development shall be brought into use until the approved vehicle access, parking, manoeuvring and turning areas have been constructed in accordance with the submitted drawing Reference Number HDC/3131/03A. and in accordance with Standard Detail Number E1 Var (Construction Depths Only) and are available for use unless otherwise approved in writing by the Local Planning Authority. Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

11. There shall be no access or egress by any vehicles between the highway and the application site until details of the precautions to be taken to prevent the deposit of mud, grit and dirt on public highways by vehicles travelling to and from the site have been submitted to and approved in writing by the Local Planning Authority. These facilities shall include the provision of wheel washing facilities where considered necessary by the Local Planning Authority. These precautions shall be made

Page 46 available before any excavation or depositing of material in connection with the construction commences on the site and be kept available and in full working order and used until such time as the Local Planning Authority agrees in writing to their withdrawal.

12. The permission hereby granted shall not be undertaken other than in complete accordance with drawings numbered HDC/3131/02; /03; /05; /06; and L2.459.1 received by Hambleton District Council on 1 May 2019 unless otherwise approved in writing by the Local Planning Authority.

The reasons are:

1. To ensure compliance with Sections 91 and 92 of the Town and Country Planning Act 1990 and where appropriate as amended by Section 51 of the Planning and Compulsory Purchase Act 2004..

2. To ensure that the external appearance of the development is compatible with the immediate surroundings of the site and the area as a whole in accordance with Hambleton Local Development Framework Policy CP17.

3. To reduce the volume and rate of surface water that drains to sewers and watercourses and thereby not worsen the potential for flooding in accordance with Hambleton LDF Policies CP21 and DP43.

4. In order to soften the visual appearance of the development and provide any appropriate screening in accordance with LDF Policies CP16 and DP30.

5. To ensure that the development is appropriate to environment in terms of amenity and drainage in accordance with LDF Policies.

6. In accordance with LDF Policies CP2 and DP4 and in the interests of highway safety.

7. To ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience in accordance with LDF Policies CP2 and DP4.

8. In the interests of road safety in accordance with LDF Policies CP2 and DP4.

9. In accordance with LDF Policies CP2 and DP4 and to ensure that the details are satisfactory in the interests of the safety and convenience of highway users.

10. To provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development in accordance with LDF Policies CP2 and DP4.

11. To ensure that no mud or other debris is deposited on the carriageway in the interests of highway safety in accordance with LDF Policies CP2 and DP4.

12. In order that the development is undertaken in a form that is appropriate to the character and appearance of its surroundings and in accordance with the Development Plan Policies.

Informatives

1. You are advised that a separate licence will be required from the Highway Authority in order to allow any works in the adopted highway to be carried out. The ‘Specification for Housing and Industrial Estate Roads and Private Street Works’ published by North Yorkshire County Council, the Highway Authority, is available at

Page 47 the County Council’s offices. The local office of the Highway Authority will also be pleased to provide the detailed constructional specification referred to in this condition.

2. The applicant is advised that prior to the initial occupation of any individual dwelling hereby permitted, the following bins and recycling box conforming to European Standard EN840 should be provided by the developer for the exclusive use of the occupants of that dwelling:

1 x 240 litre black wheeled bin for general waste 1 x 240 litre black wheeled bin with a blue lid for mixed household recycling; and 1 x 55 litre blue recycling box for glass bottles and jars.

In order to guarantee EN840 compliance the Council will only collect from bins and boxes sourced from Hambleton District Council - Waste and Streetscene.

If the developer does not pay for bins and boxes, each new resident will be required to pay for them. In the event that no payment is made, the Council will not collect waste and recycling from the dwelling concerned.

Further details of the Council's Waste and Recycling Collection Policy and the charges for bins and boxes is available at www.hambleton.gov.uk or by telephoning 01609 779977.

Page 48 Parish: Overton Committee Date : 25 July 2019 Ward: Easingwold Officer dealing : Mr Rowshon Uddin 5 Target Date: 25 June 2019 Date of extension of time (if agreed): 2 August 2019

19/00976/FUL

Demolition of existing garage, construction of a domestic garage and workshop and formation of a covered walkway between the garage and the house. at Church Lodge Overton North Yorkshire YO30 1YL for Mr & Mrs Lee-Bursnall.

The application is referred to Planning Committee as the application is a departure from the Development Plan relating to Green Belt policy.

1.0 SITE, CONTEXT AND PROPOSAL

1.1 Church Lodge is a large 2 storey detached dwelling with off white rendered walls and facing bricks, terracotta tiles and wide timber windows. Set back from the front highway it sits on a relatively large plot with an expansive gravel hardstanding for vehicle movement to its front and gardens to the rear. A long gravel drive leads to the existing single storey double garage at the back of the site. The plot has tall surrounding hedges and trees screening the property from neighbours.

1.2 Facing in the direction of the north west, its neighbour to the west (side) is Prosclift and to the south (rear) is Moat House. Prosclift is currently under construction to become a very contemporary building while Moat House is grade 2 listed building. Together the three are part of the core of Overton, a small and sparse village situated within the York Green Belt close to the River Ouse.

1.3 After demolishing the existing garage; the proposal is to replace it with a larger detached outbuilding with multiple uses. On the ground floor would be a new double garage and a separate workshop space to its side, while upstairs above the garage would be an attic to be used as ancillary office and play space for its owners. A covered area would link the two detached parts together.

1.4 Dimensions for the outbuilding are 4.7m x 4.2m for the workshop and 7.2m x 9.2m for the garage/attic. The workshop would be single storey while the garage would stand 6m high at its ridge and 4m to the eaves. For illumination 3 rooflights are proposed to the back and 3 combined lights to the front plane of the outbuilding's roof.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 91/1027/FUL - Granted - Extension to dwelling

2.2 12/01648/FUL - Granted - Alterations, extensions, construction of a double garage and improved vehicular access

2.3 19/00207/PPP - Construction of a replacement domestic garage with domestic workshop and first floor annexe

3.0 RELEVANT PLANNING POLICIES

3.1 The relevant policy of the Development Plan and any supplementary planning policy advice are as follows;

Dcagenda-07 Page 49 Core Strategy Policy CP1 - Sustainable development Core Strategy Policy CP4 - Settlement hierarchy Core Strategy Policy CP17 - Promoting high quality design Development Policies DP1 - Protecting amenity Development Policies DP9 - Development outside Development Limits Development Policies DP32 - General design

4.0 CONSULTATIONS

4.1 Overton Parish Meeting – The representative notes neither supporting or objecting to the application the importance of retaining the south boundary hedge, maintaining the boundaries of the site during construction and making good the grassed area at the entrance to the properties of Moat House and Church Lodge.

4.2 Neighbours – Comments received from one neighbour, neither supporting or objecting to the application but noting the importance of retaining the south boundary hedge, maintaining the boundaries of the site during construction and making good the grassed area at the entrance to the properties of Moat House and Church Lodge.

5.0 ANALYSIS

5.1 The issues to be considered for this proposal are guided by Hambleton's Local Development Framework or LDF.

5.2 The main issues to consider are:

• Heritage Assets

• Quality of design reflecting the appearance of the house and the character of its locality (CP17, DP32)

• Impact upon the amenity of neighbours and occupants (CP1, DP1)

• Developments within the York Green Belt and outside Settlements Hierarchy (CP4, DP9)

HERITAGE ASSETS

5.3 Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires the Council to have special regard to the desirability of preserving any listed building affected by the proposal or its 'setting' or any features of special architectural or historic interest which it possesses.

5.4 The National Planning Policy Framework at paragraphs 189, 190 and 192 requires an assessment of the potential harm a proposed development would have upon the significance of a designated heritage asset and requires that harm should be weighed against the public benefits of the proposal, including securing the optimum viable use of the building.

5.5 The heritage asset which has the potential to be affected by this application is the 'setting' of the grade II listed Moat House building to the rear of the proposal site. The listed building is a grand and tall rural dwelling house set within landscaped gardens.

5.6 On assessment of the application it is considered that the orientation and scale, materials and design detail of the proposal and the separation distance from the Listed Building would lead to no harm to heritage assets as such there is no requirement to undertake the public benefit balancing exercise.

Dcagenda-07 Page 50

QUALITY OF DESIGN REFLECTING THE APPEARANCE OF THE HOUSE AND THE CHARACTER OF ITS LOCALITY (CP17, DP32)

5.7 One of Hambleton's strategic planning objectives, set out in The Core Strategy Local Development Document (2007), is "To protect and enhance the historic heritage and the unique character and identity of the towns and villages by ensuring that new developments are appropriate in terms of scale and location in the context of settlement form and character."

5.8 Policies CP17 and DP32 require the highest quality of creative, innovative and sustainable design for buildings and landscaping that take account of local character and settings, promote local identity and distinctiveness and are appropriate in terms of scale, material and design.

5.9 At a height of 6m the proposed outbuilding would still be subservient to the substantially taller and larger host property.

5.10 Since the host property has timber windows; the windows of the proposed outbuilding should ideally use this material too. However, the host property also has a number of front facing uPVC rooflights which are in clear public view and which detract the appearance of the building away from its traditional appearance; it validates the use of uPVC material for the back facing rooflights and the front facing combined rooflights on the proposed outbuilding. In addition to this, being set back from the highway and orientated diagonal; public views of the proposed windows, especially the ones at the back, are less prominent to view, and are partially screened by its surrounding greenery.

5.11 Finally, the proposed design of the outbuilding; its shape, roof, fenestration; are assessed to be sympathetic to the host property and acceptable in the terms of the LDF policies CP17 and DP32.

IMPACT UPON THE AMENITY OF OCCUPANTS AND NEIGHBOURS

5.12 Policy CP1 from the Core Strategy Document sets out a list of principles to achieve sustainable development, from which DP1 is to protect the amenity of both occupants and its adjoining properties.

5.13 Views from the proposed outbuilding windows would cause no further loss of privacy to adjoining neighbours because the taller and wider host property already contains windows that look out upon them.

5.14 Because of the large plot size and the resulting separation distance between Church Lodge and Moat House; the shade cast by the proposed outbuilding would be inconsequential to its neighbours.

DEVELOPMENTS WITHIN THE YORK GREEN BELT AND OUTSIDE SETTLEMENTS HIERARCHY

5.15 Policy CP4 provides a distinct spatial guide to the location of developments either inside designated Settlement Limits or out them in the countryside. Policy DP9, for developments in the countryside or in the York Green Belt, states that permission for development would only be granted where it constitutes 'replacement' of a building, where that replacement would achieve a more acceptable and sustainable development than would be achieved by 'conversion' and also states that developments within the York Green Belt would be acceptable only if it satisfies

Dcagenda-07 Page 51 national policy, referring to the National Planning Policy Guidance, particularly Paragraph 145 point (d) of that document that says;

"A local planning authority should regard the construction of new buildings as inappropriate in the Green Belt. Exceptions to this are:

d) the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces"

5.16 As the existing garage will be demolished and 'replaced' by a new one, point (d) is pertinent.

5.17 The existing garage 'use' is for the parking of vehicles; and while the replacement building would be for that use too, it would also be for use as a workshop, a playroom and an home office all the uses are domestic uses ancillary to the occupation of the dwelling.

5.18 Compared to the 5 x 6m, 30sqm existing garage the proposed outbuilding would provide a building about 7 x 9m partially over two floors with a total floor area o 116.5sqm. The new outbuilding would, undoubtedly, be 'materially larger.' The proposal fails to meet the Green Belt exception test.

5.19 However, when the proposal is also considered against the principle purposes of Green Belts, which is to prevent urban sprawl by keeping land permanently open as defined by paragraph 134 of the NPPF document, it is found to cause no harm to the guiding principles.

5.20 PLANNING BALANCE

5.21 The proposed development is contrary to Policy DP9 as it contravenes Green Belt policy as set in the NPPF. On balance the proposal is considered to not result in harm to the amenity of neighbours, or result in harm to the openness of the countryside or adversely impact upon the stated purposes of Green Belt and is an appropriate standard of design in the context of the residential curtilage in a small village.

6.0 RECOMMENDATION:

6.1 That subject to any outstanding consultations the application be GRANTED

1. The development hereby permitted shall be begun within three years of the date of this permission.

2. The permission hereby granted shall not be undertaken other than in complete accordance with the drawing(s) numbered P003 (A), P004 (B) and P005 (B) received by Hambleton District Council on 30 April 2019 unless otherwise approved in writing by the Local Planning Authority.

The reasons are:-

1. To ensure compliance with Sections 91 and 92 of the Town and Country Planning Act 1990 and where appropriate as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. In order that the development is undertaken in a form that is appropriate to the character and appearance of its surroundings and in accordance with the Development Plan Policies CP16 and DP32.

Dcagenda-07 Page 52 Parish: Sowerby Committee Date : 25 July 2019 Ward: Sowerby & Topcliffe Officer dealing : Mr T J Wood 6 Target Date: 3 July 2019 Date of extension of time (if agreed):

19/01037/REM

Reserved matters application for the approval of details of appearance, landscaping, layout and scale in relation to the development of the primary school on the allocated school site pursuant to application 10/02373/OUT, as amended by 15/00145/MRC, and comprising a single-storey teaching block with associated hard/soft landscaping and playing field; car park and cycle parking; vehicular/pedestrian means of access; and secure line fencing. Discharge of Condition 21 (Archaeological Works) relating to planning approval 10/02373/OUT, as amended by 15/00145/MRC. At: Land East Of Topcliffe Road And South Of Gravel Hole Lane Topcliffe Road Sowerby North Yorkshire for Ms Emily King.

The proposal is to Planning Committee at the request of a Councillor.

1.0 SITE CONEXT AND PROPOSAL

1.1 The site lies to the south east of Topcliffe Road within the land granted outline planning permission in 2012 for a mixed use scheme comprising housing, employment neighbourhood centre and recreation uses.

1.2 The land is generally flat, formerly in agricultural use for cereal production. A native hedge forming a boundary with the application site and the agricultural land to the south remains throughout the southern boundary of the site.

1.3 There is no built development on any of the land adjoining the application site.

1.4 The proposed development is to provide a single form entry Primary School. The applicant intends that students at the temporary school, referred to in paragraph 2.6 below, will transfer to the new permanent Primary School from September 2020 together with a new intake of the youngest students. The school number are then planned to enlarge year by year to 2025.

1.5 Pedestrian access routes from Topcliffe Road are planned via the Town Square, crossing the Sowerby Sports Village access on a raised table, as well as the footway beside the Aldi foodstore development and the footway along the road access from the ‘southern’ Topcliffe Road roundabout (this the road that is to serve the school and that serves the foodstore and will service the Sowerby Sports Village and other land allocated for commercial purposes).

1.6 On site drop-off spaces are provided for 4 vehicles and a further 2 accessible parking bays are provided close to the entrance path. 21 staff parking spaces are provided. On-street parking on the adjoining approved access roads is shown to provide space for 22 medium sized vehicles. No on site coach parking is provided.

1.7 The mainly single storey building is shown to be 79m x 19m formed using a ‘Hamlet’ (a cream colour) and ‘Anthracite’ (dark grey) cladding with feature doorway colour ‘Ocean Blue’ and the main entrance in a dark oak coloured vertical board cladding. The main building is about 4m from ground to parapet wall top, only the main hall within the school about 16m x 13m is two storey with overall height of about 8m. The landscaped grounds are shown with a secure fence around the proposed native species hedge. The nursery/reception class is to be at the northern end of the school

Dcagenda-07 Page 53 with its own separate access and soft landscaped are including an area with tree planting to form the ‘informal plan and forest school’.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY 2.1 10/02373/OUT - Outline application for a mixed use development comprising of 925 dwellings (C3), employment (B1, B2 & B8), neighbourhood centre, comprising: shops (A1), financial and professional services (A2), restaurant(s) and cafe(s) (A3), drinking establishment(s) (A4), hot food takeaway(s) (A5), hotel (C1), extra-care facility (C2) and medical centre and other non-residential institutions (D1), primary school (D1), community uses including recreation playing pitches and allotments, car parking and means of access (all matters reserved apart from means of access). Phase I residential 107 dwellings & Phase I commercial (B1c) all details to be considered; Granted 21 August 2012 subject to conditions and a section 106 agreement. Phase 1 housing complete, phase 2 and 3 housing under construction. Phase 1 commercial land consented and ready to start. This reserved matters application follows the outline permission for the primary school referred to above.

2.2 13/02427/REM - Reserved matters application for the provision of 90 unit extra care facility and associated retail units, public realm works and highways works; Approved 17 March 2014. Development complete and occupied.

2.3 14/01945/REM - Reserved matters application for appearance, landscaping, layout and scale of the proposed Sports Village consisting of two main buildings, sports facilities, access road, ancillary buildings, car parking and footpath/cycle links; Approved 26 March 2015. Development commenced sports land laid out, a phased sequence of works continue.

2.4 15/00145/MRC Variation of conditions 34 and 35 of application reference number: 10/02373/OUT- relating to highway improvements and widening of mini roundabout as amended by details received 2 July 2015. Development commenced and highway works for all way junction with the A168 open.

2.5 15/00274/REM - Reserved Matters application for food store and associated landscaping and car parking; approved 19th June 2015 - Aldi foodstore constructed and open.

2.6 19/00661/FUL - Siting of 2 portable buildings and formation of car park, hard/soft landscaping and secure line fencing for a temporary period until September 2020 for use as a temporary primary school, prior to the opening of a permanent primary school development identified in the approved plans for the Sowerby Gateway Development. Granted 12 June 2019 works have commenced.

3.0 RELEVANT PLANNING POLICIES:

3.1 The relevant policy of the Development Plan and any supplementary planning policy advice are as follows;

Core Strategy Policy CP1 - Sustainable development Core Strategy Policy CP2 - Access Core Strategy Policy CP3 - Community assets Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Development Policies DP1 - Protecting amenity Development Policies DP2 - Securing developer contributions Development Policies DP3 - Site accessibility

Dcagenda-07 Page 54 Development Policies DP4 - Access for all Development Policies DP5 - Community facilities Development Policies DP32 - General design Allocations Document Policy TM2D - South West Thirsk Area - East of Topcliffe Road, Sowerby - adopted 21 December 2010 Allocations Document Policy TM2E - South West Thirsk Area, Gravel Hole Lane, Sowerby - adopted 21 December 2010 National Planning Policy Framework

4.0 CONSULTATION

4.1 Sowerby Parish Council - The council do not consider a long flat roof acceptable to the environment of the new Sowerby gateway development. Members request that that more vision needs to be given to the design of the school as, whilst the provision of a school in this location is welcomed, more thought needs to be given to the nature of this building which will be in its surroundings for many years to come.

4.2 NYCC Highways – raise concern regarding the adequacy of the parking provision to meet the needs of visitors particularly in the morning peak period.

4.3 Publicity – No responses

5.0 ANALYSIS

5.1 The main issues to consider in this case are: • The principle of a primary school, • The scale and location of the primary school, • Pedestrian access • Highway safety • The design of the building and spaces

Principle

5.2 The principle of developing a Primary School within the land allocated in the Local Development Framework was secured by the grant of planning permission for the development noted at 2.1 above, in August 2012. The outline planning application included a range of uses including a primary school as part of a sustainable community. The planning obligation (under section 106) that forms part of the 2012 decision (and repeated in the later planning application (15/00145/MRC) and in the 2017 planning obligation) provides that the school is not to replace an existing school, it is to meet the additional needs of the community.

Scale and location

5.3 The school is proposed to have a single form entry and is planned to reach capacity of 210 places over a 6 year period. Additionally a nursery is proposed to occupy part of the site and will operate as part of the school. The layout achieves the objective of providing educational facilities to meet the needs of the growing population of Sowerby in a location that is well related to the neighbourhood centre with links to the Sowerby Sport Village. The proposal is to meet the needs for community facilities and is proportionate to the size of the growing population and is supported by LDF DP5 as it will enhance the sustainability of the local community.

Pedestrian access

Dcagenda-07 Page 55 5.4 The layout of the developments on adjoining land have sought to promote travel on foot and by cycle this is supported by LDF DP3 that seeks to promote site accessibility by sustainable forms of travel. Dedicated off-road routes have been created to link the residential and other developments to reduce the reliance on the car. The layout of the site is focused to use the pedestrian links to the north and south of the Topcliffe Road roundabout. The link across the piazza, Square, to emerge on to Topcliffe Road beside Bistro 13 and along the footway to emerge on to Topcliffe alongside the public art installation close to Aldi are both to be created through the scheme. Works are required across land not in the control of the applicant and planning controls, using a Grampian syle condition, is appropriate to ensure that the accesses are created and available for use.

5.5 The access to the Square is shown within the masterplan for the Sowerby Sport Village, the land is in the ownership of Hambleton District Council, agreement outside of the function of the Council as Local Planning Authority, will be required to complete access to the school by this route. The access to the footway to the east of the Aldi car park will require the completion of the highway and footway works due to be undertaken by Taylor Wimpey under the terms of the planning obligation. The works by Taylor Wimpey will be required to be complete to enable the opening of the school.

5.6 The creation of the pedestrian access links should enable a reduction in the anticipated level of journeys that are detailed in the submitted travel plan. The submitted details show the commitment to appoint a travel plan coordinator to seek to promote sustainable travel and reduce reliance on the car.

Highway safety 5.7 LDF Policy CP1, DP3 and DP4 each seek to achieve safe developments, and require minimum levels of car parking commensurate with road safety and to provide easy access available to all potential users.

5.8 The concerns raised by the Local Highway Authority, as detailed above, are that the level of vehicle movements identified in the documents submitted with the application show that vehicle movements (particularly in the morning 176 two-way movements in the peak period, such as 86 arrivals and 86 departures) will exceed the space available within the site. The drop off area has 4 spaces, 21 staff spaces on-site and expectation of on-street parking. The residual concern is that congestion could result in a loss of safety.

5.9 Discussion between the applicants’ highways consultant and the Local Highway Authority regarding the modelled number of vehicle movements and the available space are on-going, a plan showing the amount of on-street parking that may be available close to the school has been submitted and further consideration is being given to the accuracy of the initial modelling particularly looking at the proportion of journeys completed on foot and by car.

5.10 Previous decisions including the layout of the Aldi foodstore and the 92 space car park have assumed that space within the car park could be used by visitors to the school and that linked trips would occur. The peak usage of the Aldi car park is not anticipated to coincide with the peak morning trips relating to the school. As such it is considered that there is a realistic prospect that the design and mitigation measures can reduce the likelihood and severity of the impact of congestion in the morning. The drop-off time in the mornings is relatively short, the waiting time in afternoons is relatively longer but may be linked trips to the shop or leisure activities and may reduce the parking demand close to the school.

Design

Dcagenda-07 Page 56

5.11 The LDF policies CP17 and DP32 seek a high quality of design that respects the local context. The layout of the site with the access to the western side with the service access set away from the main pedestrian entrance, with the school building orientated to face towards its playing fields and amenity areas enclosed within a secure boundary and with space for landscaping all achieve appropriate high quality of design. The modular basis of the building design using panels of material and factory fabrication will achieve an efficient build in terms of environmental impact, cost and timeliness. Innovative forms of design are supported by DP32.

5.12 The resulting building is flat roofed, with a higher flat roof section over the main hall. The designs of buildings both constructed and approved on adjoining sites have generally avoided flat roofs. A notable exception is the main food-hall, store and loading area of the Aldi foodstore. The Thirteen Group extra care building also has an area of flat roof over the retail units and bistro that face on to the Square. The approved pavilion building for the Sowerby Sports Village includes both mono-pitch and lean-to roof structures and a pyramid form over an open sided shelter. The residential buildings in the vicinity are almost all convention two storey with pitched roofs. Whilst the use of a flat roof is not common place in Sowerby many of the buildings at Thirsk School and Sixth Form College are two storey with flat roofs. The location of the building that is set away from the main thoroughfare of Topcliffe Road to the rear of the Aldi foodstore and Thirteen Group apartment building and within a site that is to be landscaped with trees and shrubs allows for innovative designs without causing harm to the character of the settlement. The site is not prominent from Topcliffe Road, the issues relating to the impact of the site are much less than found at the Premier Inn hotel or Aldi foodstore sites where design amendments were required, and achieved, to ensure that the impact of those buildings are more sympathetic to the traditional forms of buildings along Topcliffe Road.

5.13 The applicants have given consideration to the use of a pitched roof but have advised that design is considered appropriate, has been successful as a school and has been successful as a built form in other sensitive locations. Furthermore a change to a different form of roof design is prohibited by the costs and that the budgets available for the scheme from the Department for Education do not allow for such changes.

Planning conditions and planning obligation

5.14 The planning conditions and obligations of the outline permission control many of the important aspects of the proposal. Matters such as archaeology, land contamination, drainage, highways and other construction issues, materials and landscaping are all detailed in the outline planning permission. There is a need to ensure that the phasing of the development is appropriate to ensure that all the access arrangements are created and made available for use and that the details of the travel plan set out in this application are implemented.

Archaeology

5.15 The proposal also seeks to address the matter of the outline planning application condition relating to archaeology. A written scheme of investigation has been submitted. The comments of the County Archaeologist are awaited.

Public benefits

5.16 The creation of a single form entry primary school with nursery would provide significant benefits to the local residents and achieve an important component for a sustainable community as sought through the strategic allocation. The relationship to the neighbourhood centre, retail, sports and leisure uses are appropriate and with the

Dcagenda-07 Page 57 provision of a network of non-vehicular travel routes promotes sustainable means of travel. The proposal is considered to provide social and environmental gains and will provide a place of employment for teaching and ancillary staff and will provide long term economic gains alongside the substantial community benefits.

6.0 RECOMMENDATION:

6.1 That subject to any outstanding consultations the application be GRANTED

1. The permission hereby granted shall not be undertaken other than in complete accordance with the drawing(s) numbered received by Hambleton District Council on **** unless otherwise approved in writing by the Local Planning Authority.

2. No part of the development shall be brought into use until the approved direct pedestrian access from the main entrance to Topcliffe Road via the Square has been formed in accordance with the drawing (Reference ****) and kept available for use thereafter.

3. The proposed manually controlled barrier to the site vehicular access shall remain open during school drop off and collection periods.

The reasons are:-

1. In order that the development is undertaken in a form that is appropriate to the character and appearance of its surroundings and in accordance with the Development Plan Policies CP1, CP17 and DP3, DP4 and DP32.

2. To ensure that an appropriate access is provided for pedestrian and vehicular users in the interests of pedestrian and road safety in accordance with the Local Development Framework Policies CP1 and DP4.

3. To ensure that the on-site vehicular access, parking and turning is kept available for users of the development in accordance with the Local Development Framework Policies CP1 and DP4.

Dcagenda-07 Page 58 Parish: Stokesley Committee Date : 27 June 2019 Ward: Stokesley Officer dealing : Ms Aisling O'Driscoll 7 Target Date: 17 May 2019 Date of extension of time (if agreed):

19/00359/OUT

Application for Outline Planning Permission with Some Matters Reserved (considering access only) for Residential Development as amended by plan received on 31 May 2019. at OS Field 7272 Land North Of Hebron Court The Stripe Stokesley for Taylor Wimpey UK Ltd.

1.0 SITE, CONTEXT AND DESCRIPTION 1.1 This site is located on the north western edge of Stokesley. It is open agricultural land that adjoins residential development to the south and east. There is further open agricultural land to the north and west. To the south west and west of the site are sites SH1 and SC1 allocated for housing and allotments/open space respectively. There is an extant permission at the SH1 site for 178 dwellings which is currently under construction.

1.2 The application site includes a small area of land to the north-west that forms part of the SC1 allocation. The land is allocated for allotments or community gardens and general recreation purposes.

1.3 This application is for outline consent with access considered for residential development. Scale, layout, appearance and landscaping are reserved matters and therefore the number of units remains unspecified. The portion of land that forms part of SC1 is shown as public open space.

1.4 During the life of the application, in response to an initial objection from the Highways Officer, the access points to the development were amended.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 Land allocated for housing in the Hambleton Local Development Framework allocations Development Plan Document.

3.0 RELEVANT PLANNING POLICIES:

3.1 The relevant policy of the Development Plan and any supplementary planning policy advice are as follows;

Core Strategy Policy CP1 - Sustainable development Core Strategy Policy CP2 - Access Core Strategy Policy CP4 - Settlement hierarchy Core Strategy Policy CP5 - The scale of new housing Core Strategy Policy CP6 - Distribution of housing Core Strategy Policy CP8 - Type, size and tenure of housing Core Strategy Policy CP9 - Affordable housing Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Core Strategy Policy CP21 - Safe response to natural and other forces Development Policies DP1 - Protecting amenity Development Policies DP3 - Site accessibility

Page 59 Development Policies DP4 - Access for all Development Policies DP6 - Utilities and infrastructure Development Policies DP13 - Achieving and maintaining the right mix of housing Development Policies DP15 - Promoting and maintaining affordable housing Development Policies DP30 - Protecting the character and appearance of the countryside Development Policies DP31 - Protecting natural resources: biodiversity/nature conservation Development Policies DP32 - General design Affordable Housing - Supplementary Planning Guidance - June 2008 Supplementary Planning Document - Sustainable Development - Adopted 22 September 2009 Supplementary Planning Document - Size, type and tenure of new homes - adopted September 2015 Supplementary Planning Document - Open Space, Sport and Recreation Adopted 22 February 2011 National Planning Policy Framework

4.0 CONSULTATIONS

4.1 Stokesley Town Council – The Town Council raise the following concerns:

• Concern about the land removal and infill proposals • Flooding if land levels are altered • Any temporary compound should be located away from existing dwellings • Neighbouring properties should be surveyed if any piling is to be undertaken • The indicative layout is out of character with the local area • Concern over the classification of the new access route and suitability of a “t- junction”

4.2 Highways Authority – No objection subject to conditions

4.3 Environment Agency – Refer to standing advice

4.4 Lead Local Flood Authority – No objection subject to conditions

4.5 Northumbrian Water – No objection subject to condition relating to a detailed drainage scheme

4.5 Environmental Health Officer – No objection subject to condition relating to construction management

4.6 NYCC Footpaths Officer – Recommends an informative re keeping the public footpath clear of obstruction

4.7 Ramblers Association - Public Right of Way should be maintained and screened from the estate by hedging etc.

4.8 Housing Officer –. Provided requirements for Affordable Housing Provision

4.9 Public Comments - 65 letters of representation were received in relation to this application: 1 letter of support and 64 in objection. The majority of the objections make reference to the emergency access originally proposed through The Stripe. During the life of the application it was agreed with the applicant that the access

Page 60 points defined in the allocation policy SH2 have already been determined as the preferable routes. The application was subsequently amended.

The following issues have been raised:

• Principle of development and lack of local need for housing • Need for smaller homes • Inadequate infrastructure to support increased population • Impact on residents during construction • Increased crime and anti-social behaviour • Impact of potential parking restrictions • Highway safety • Devaluation of property • Impact on biodiversity • Objection to access being taken from Hebron Road as already congested

In addition to the above a 10 day re-consultation period was undertaken to allow comment on the updated access points. Two further letters of representation were received. One from an existing objector withdrawing their original objection but maintaining concern over potential pedestrian access to The Stripe. The second from a land owner objecting to the access arrangements and claiming not to have been notified of the application. Whilst the original application form does not indicate that Northumbrian Land Ltd were notified it is clear from the submission that they had sufficient time to engage a consultant to assess and comment on the updated access arrangements. The applicant has been asked to clarify the position with regard to this notification.

5.0 ANALYSIS

5.1 Having regard to Section 38(6) of the Planning and Compulsory Purchase Act 2004, applying all relevant Development Plan policies, and considering all other policy and guidance (including the NPPF and PPG) and all other material planning considerations, including representations received, it is considered that the main planning considerations raised in relation to the determination of this application are:

i) The principle of development in this location; ii) Affordable housing provision; iii) Highway safety; iv) Drainage and flood risk; v) Amenity; vi) Impact on protected species; vii) Archaeology and ; viii) Community engagement

The Principle of Development

5.2 The LDF Core Strategy was adopted in 2007 and provides the basis for the scale and distribution of housing development within Hambleton. Following this the Allocations DPD identifies sites to meet and deliver the targets and objectives as set out within the Core Strategy. As noted above, the majority of the application site is allocated for new housing under Policy SH2 with the remainder allocated for community gardens and recreational purposes under Policy SC1. Policy SH2 states that the site is allocated for housing for release in Phase 3 (2021-2026). In December 2013, following an audit of allocated sites and sites with planning permission, the Council approved the relaxation of the housing phasing policy in the Plan. This was to ensure that a robust and deliverable supply of housing sites was

Page 61 available to cover the 5 year period from October 2013 to September 2018. The bringing forward of this application is therefore supported in principle.

5.3 On the basis that the site has gone through an extensive site allocations process, that the community has had the chance to comment on and that the Development Limits boundary includes the majority of the application site, it is considered that the development for residential purposes has in principle support through the Local Development Framework.

5.4 The portion of land that falls within the SC1 allocation falls within Flood Zone 2. As indicated in the LDF this area is not considered suitable for housing unless more accurate modelling is produced that shows a more precise flood extent acceptable to the EA or suitable and satisfactory mitigation measures are put in place. It is recommended that a condition be imposed ensuring that this area is developed in line with the allocated use and not used for further housing at reserved matters stage.

Affordable Housing provision

5.5 Policy SH2 states that the site is allocated for housing subject to “development being at a density of approximately 35 dwellings per hectare, resulting in a capacity of around 101 dwellings (of which a target of 50% should be affordable)”. The applicant has submitted a viability assessment which has concluded that the development could provide 30% affordable housing. .

5.6 The Council’s Housing Officer has outlined the following requirements for affordable units in the area:

• 70: 30 tenure split (rented : intermediate) • Mix of 2 and 3 bedroom houses • 10% bungalows across whole scheme • All units to meet the Nationally Described Space Standards • Affordable dwellings to be transferred to a Registered Provider at the agreed transfer prices – 2 bed £65,200 and 3 bed £79,200. • Affordable dwellings to be pepper-potted throughout the development in clusters of no more than six to eight dwellings. • The dwellings to be energy efficient and affordable to run to those on lower incomes.

5.7 In this location the policy requirement for affordable housing is 50%. It is clear from the submitted viability appraisal that 50% is not achievable. The main components of the appraisal are considered to be in line with industry norms, with the main impediments to viability being the abnormal costs associated with development of the site. It is considered that in this case it has been reasonably demonstrated that 30% affordable housing is acceptable in this instance, subject to details to be received at the Reserved Matters stage.

Highway Safety

5.8 The application is for outline permission with access only considered. The original proposal included an access point from the west joining onto the development at SH1 and a secondary emergency access from The Stripe to the East. The Highways Officer raised an objection to this stating that the proposed vehicular access amounts to a Minor Access Road which is not acceptable for a site of 100 properties (assuming that the density outlined in the LDF will be achieved). The site requires a

Page 62 Major Access Road with 2 points of access. At that point it was unclear if the access through The Stripe would be suitable, noting that this was not the intention at the time of the allocation being made. On inspection of the area it was found that access through The Stripe would present a more convoluted access to distributor roads. Access through Hebron Road would provide a more direct access. In addition to this policy SH2 states that two access points are required, one from Westlands (which will run through the development at the SH1 site to the south and west of the site) and one from Hebron Road (sufficient to serve both developments at SH1 and SH2).

5.9 The application was subsequently amended moving the access point from The Stripe and replacing it at Hebron Road. The Transport Assessment was updated accordingly. The Highways Officer was further consulted and has responded with no objection to the scheme subject to conditions relating to: details of road and footpath layouts and their construction; discharge of surface water; construction management; details of works in the highway; provision of access; turning and parking areas; parking for dwellings and provision of a travel plan

Drainage and flood risk

5.10 Paragraph 163 of the NPPF states that when determining any planning applications, local planning authorities should ensure that flood risk is not increased elsewhere. Where appropriate, applications should be supported by a site-specific flood-risk assessment. Development should only be allowed in areas at risk of flooding where, in the light of this assessment (and the sequential and exception tests, as applicable) it can be demonstrated that: a) within the site, the most vulnerable development is located in areas of lowest flood risk, unless there are overriding reasons to prefer a different location; b) the development is appropriately flood resistant and resilient; c) it incorporates sustainable drainage systems, unless there is clear evidence that this would be inappropriate; d) any residual risk can be safely managed; and e) safe access and escape routes are included where appropriate, as part of an agreed emergency plan.

5.11 Local Policy DP43 states that Development proposals will not be permitted where they would have an adverse effect on watercourses or increase the risk of flooding elsewhere. Development will only be permitted if it has an acceptably low risk of being affected by flooding, assessed against the Environment Agency’s flood zone maps and other local information, and where all necessary mitigation measures on or offsite are provided.

5.12 LDF policy SH2 states that no residential development should take place within areas of potential flooding.

5.13 The lead Local Flood Authority was consulted and initially objected to the application as they considered that the run-off rates had not been calculated correctly and raising concerns that the development could increase flood risk elsewhere. They considered that the applicant had not demonstrated that there would be sufficient storage space available on site to accommodate surface water.

5.14 In response to this the applicant submitted an updated Flood Risk Assessment. The Lead Local Flood Authority reviewed this and found the updated assessment to be acceptable. A number of conditions are recommended relating to percolation testing, runoff restriction scheme and exceedance flow routes. It is considered reasonable to deal with these matters by condition and through the course of a Reserved Matters application.

5.15 Northumbrian Water raised no objection subject to the submission of a detailed drainage scheme which should be secured by condition.

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5.16 It is concluded that subject to conditions, the site is capable of development without detriment in terms of the impacts of flooding in the vicinity of the application site. The proposed development is considered to comply with relevant National and Local policies in respect of drainage and flooding.

Impact on protected species

5.17 Paragraph 175 of the NPPF states that when determining planning applications, local planning authorities should apply the following principles: a) if significant harm to biodiversity resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused; Paragraph 175 d) indicates that opportunities to incorporate biodiversity improvements in and around developments should be encouraged, especially where this can secure measurable net gains for biodiversity. Policy DP31 of the Development Policies DPD states that “Permission will not be granted for development which would cause significant harm to sites and habitats of nature conservation…Support will be given…to the enhancement and increase in the number of sites and habitats of nature conservation value”.

5.18 A preliminary ecological appraisal was submitted with the application. The assessment found that habitats on-site were generally considered to be of low ecological value with the exception of areas of woodland and boundary hedgerows which offer the best opportunities for biodiversity. The report recommends the retention and protection of boundary hedgerows and woodland where possible. It is recommended therefore that tree root protection areas be secured by condition. The indicative masterplan shows that the existing boundary trees and hedgerows are to be maintained. Whilst landscaping is a reserved matter not being considered at this stage the retention of these boundaries as priority habitats is considered important. It is therefore recommended that the retention and protection of boundary hedgerows and trees be secured by condition.

5.19 The preliminary assessment found three waterbodies within 500 metres of the site which could support Great Crested Newts. Further investigations were recommended by this report. In response a Great Crested Newt eDNA survey was undertaken and a report submitted with the application. The report indicates that a negative result was obtained confirming a likely absence of Great Crested Newts. No further survey work or mitigation is recommended.

5.20 The preliminary assessment found that lighting associated with the scheme has the potential to disturb foraging bats along the hedgerows and areas of woodland. The report recommends that illumination of the boundary hedgerows and woodland be avoided.

5.21 The report also indicates that there is the potential for any vegetation clearance to damage or destroy active nests. It is therefore recommended that a condition be imposed to ensure that any clearing of the site is undertaken outside of nesting season which typically runs from March to August.

5.22 No evidence of badgers or other protected species was found at the site.

5.23 The assessment provided and subsequent testing indicate that the proposal will not have a significant impact on local biodiversity in accordance with the NPPF and Local Policy DP31.

Archaeology

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5.24 Paragraph 193 of the NPPF states that “when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance”.

5.25 Paragraph 197 of the NPPF states that: ”the effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.

5.26 In addition to the above, Footnote 63 states that “Non-designated heritage assets of archaeological interest, which are demonstrably of equivalent significance to scheduled monuments, should be considered subject to the policies for designated heritage assets.

5.27 Local Policy DP29 indicates that the preservation or enhancement of archaeological remains and their settings will be supported, taking account of the significance of the remains.

5.28 Field-walking undertaken within the site has resulted in the retrieval of a number of artefacts ranging in date from the Neolithic to post-medieval. Based on previous archaeological finds in the vicinity of the site, an Archaeological Geophysical Survey was commissioned. A magnetic gradient survey was carried out by Phase Site Investigations Ltd. The resulting report indicates the presence of a number of anomalies that could not be characterised by the survey. Insufficient information has been presented to fully assess the significance of archaeological deposits at the site.

5.29 The developer subsequently agreed to carry out further investigation in the form of trial trenching. The trial trenching was undertaken and the resulting report submitted. The report indicates that nothing of significance was found. Subject to confirmation from NYCC County Archaeologist it is considered that the development will not have a significant impact on any heritage assets. Further updates will be provided following the response of the County Archaeologist.

Design and Community engagement

5.30 Whilst this application is in outline and as such includes little detail in terms of design, it forms a central part of the future design and layout of the development.

5.31 One of Hambleton’s strategic planning objectives, set out in The Core Strategy Local Development Document (2007), is “To protect and enhance the historic heritage and the unique character and identity of the towns and villages by ensuring that new developments are appropriate in terms of scale and location in the context of settlement form and character.”

5.32 Policies CP17 and DP32 require the highest quality of creative, innovative and sustainable design for buildings and landscaping that take account of local character and settings, promote local identity and distinctiveness and are appropriate in terms of use, movement, form and space.

5.33 The National Planning Policy Framework supports this approach and, at paragraph 64, states that planning permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of

Page 65 an area and the way it functions. Paragraph 66 sets an expectation that applicants engage with the local community in drawing up the design of their schemes:

“Applicants will be expected to work closely with those directly affected by their proposals to evolve designs that take account of the views of the community. Proposals that can demonstrate this in developing the design of the new development should be looked on more favourably.”

5.34 Public consultation should be a genuinely meaningful exercise and must be guided by the Council's Statement of Community Involvement adopted in 2013, requiring that communities are offered genuine choice and a real opportunity to influence proposals in consultation exercises. In support of the application a community consultation statement has been submitted outlining the steps taken by the applicant which include a leaflet drop and public event with opportunity to submit comments. 16 responses to the public exhibition were received. The responses were similar to those received by the Council and noted in section 4 above. The agent has addressed these responses within the submitted Consultation Statement, insofar as they can be addressed at this stage. It is considered that the applicant has approached community consultation in accordance with the Council's Statement of Community Involvement but that a greater level of involvement at the later design stages will be necessary and this will provide greater opportunities for local people to shape the way the site is developed.

Residential Amenity

5.35 Policy DP1 states that all development proposals must adequately protect amenity, particularly with regard to privacy, security, noise and disturbance, pollution (including light pollution), odours and daylight. The application is in outline with access only considered so although an undetailed indicative layout has been provided, it is not for approval.

5.36 The Parish Council has raised concern over finished land levels. Although there is little detail at this stage it is recommended that a condition be included to require the submission of a site section plan showing the finished land levels. There is no expectation of significant alterations to land levels to enable the development of this site.

5.37 Given the status of the site as an allocation within the LDF it is considered that a satisfactory layout could be achieved which preserves the existing amenity of the neighbouring properties in accordance with DP1.

5.38 In order to ensure that residential amenity is preserved it is recommended that a condition be imposed requiring the submission of a management plan to control the hours of operation and vehicle movements during the period of construction at the site in order to limit its impact on residential amenity.

6.0 RECOMMENDATION

6.1 That subject to any outstanding consultations the application be GRANTED subject to the following condition(s) and the requirement for a Section 106 agreement to ensure the delivery of affordable housing.

Page 66 1. Application for the approval of all of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this decision and the development hereby approved shall be begun on or before whichever is the later of the following dates: i) Five years from the date of this permission ii) The expiration of two years from the final approval of the reserved matters or in the case of approval on different dates, the final approval of the last such matter to be approved.

2. The development shall not be commenced until details of the following reserved matters have been submitted to and approved by the Local Planning Authority: (a) the layout (b) scale (c) appearance, including a schedule of external materials to be used and (d) the landscaping of the site.

3. Unless otherwise approved in writing by the Local Planning Authority the permission hereby granted shall not be undertaken other than in accordance with the drawing(s) numbered 1878:01 Rev A received by Hambleton District Council on 31.05.2019 insofar as it relates to the access to the development and the general layout in relation to the position of residential development and public open space.

4. Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works or the depositing of material on the site, until the following drawings and details have been submitted to and approved in writing by the Local Planning Authority: (1) Detailed engineering drawings to a scale of not less than 1:500 and based upon an accurate survey showing: (a) the proposed highway layout including the highway boundary (b) dimensions of any carriageway, cycleway, footway, and verges (c) visibility splays (d) the proposed buildings and site layout, including levels (e) accesses and driveways (f) drainage and sewerage system (g) lining and signing (h) traffic calming measures (i) all types of surfacing (including tactiles), kerbing and edging.

(2) Longitudinal sections to a scale of not less than 1:500 horizontal and not less than 1:50 vertical along the centre line of each proposed road showing: (a) the existing ground level (b) the proposed road channel and centre line levels (c) full details of surface water drainage proposals.

(3) Full highway construction details including: (a) typical highway cross-sections to scale of not less than 1:50 showing a specification for all the types of construction proposed for carriageways, cycleways and footways/footpaths (b) when requested cross sections at regular intervals along the proposed roads showing the existing and proposed ground levels (c) kerb and edging construction details (d) typical drainage construction details. (4) Details of the method and means of surface water disposal. (5) Details of all proposed street lighting. (6) Drawings for the proposed new roads and footways/footpaths giving all relevant dimensions for their setting out including reference dimensions to existing features.

Page 67 (7) Full working drawings for any structures which affect or form part of the highway network. (8) A programme for completing the works.

The development shall only be carried out in full compliance with the approved drawings and details unless agreed otherwise in writing by the Local Planning Authority.

5. No dwelling to which this planning permission relates shall be occupied until the carriageway and any footway/footpath from which it gains access is constructed to base course macadam level or block paved (as approved) and kerbed and connected to the existing highway network with street lighting installed and in operation.

The completion of all road works, including any phasing, shall be in accordance with a programme approved in writing with the Local Planning Authority before the first dwelling of the development is occupied.

6. There shall be no access or egress by any vehicles between the highway and the application site until full details of any measures required to prevent surface water from non-highway areas discharging on to the existing or proposed highway together with a programme for their implementation, have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with the approved details and programme.

7. There shall be no movement by construction or other vehicles between the highway and the application site (except for the purposes of constructing the initial site access) until that part of the access(es) extending 30 metres into the site from the carriageway of the existing highway has been made up and surfaced in accordance with the approved details and the published Specification of the Highway Authority. All works shall accord with the approved details unless otherwise approved in writing by the Local Planning Authority. Any damage during use of the access until the completion of all the permanent works shall be repaired immediately.

8. Except for investigative works there shall be no excavation or other ground works, or the depositing of material on the site in connection with the construction of the access road or building(s) or other works, until: (i) The details of the required highway improvement works, listed below, have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority.

(ii) An independent Stage 2 Safety Audit has been carried out in accordance with HD19/03 - Road Safety Audit or any superseding regulations.

(iii) A programme for the completion of the proposed works has been submitted.

The required highway improvements shall include: The provision of tactile paving pedestrian crossings along Hebron Road from the application site to Westlands at the Westlands / Hebron Road junction at the Westlands / Allen Grove junction Improved cycle link along The Stripe and North Road to Stokesley town centre.

Page 68 9. The development shall not be brought into use until the highway works required under condition number 7 above have been constructed in accordance with the details approved in writing by the Local Planning Authority.

10. No part of the development shall be brought into use until:- (i) vehicular, cycle, and pedestrian accesses (ii) vehicular and cycle parking (iii) vehicular turning arrangements (iv) manoeuvring arrangements have been constructed in accordance with details submitted to and approved in writing by the Local Planning Authority Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

11. There shall be no site clearance, demolition, excavation or depositing of material in connection with the construction on the site until the following proposals have been submitted to and approved in writing by the Local Planning Authority: (i) an on-site parking capable of accommodating all staff and sub- contractors vehicles clear of the public highway (ii) measures to ensure vehicles associated with construction works use the approved parking areas and do not park on the public highway (iii) a materials storage area on the site capable of accommodating all materials required for the operation of the site and measures to ensure its use (iv) the protection of trees;

The works shall be carried out in accordance with the approved method statement and the approved areas shall be kept available for their intended use at all times whilst construction works are in operation.

12. Prior to the development being brought into use, a Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. This shall include: (i) Agreed targets to promote sustainable travel and reduce vehicle trips within specified timescales (ii) A program for the implementation of such measures and any proposed physical works (iii) Procedures for monitoring the implementation of the plan and; (iv) Evidence of monitoring and compliance

The travel plan shall be implemented and the development shall thereafter be carried out and operated in accordance with the approved Travel Plan.

13. No development for any phase of the development shall commence until a Construction Phase Management Plan has been submitted to, and approved in writing by, the Local Planning Authority. The approved Construction Phase Management Plan shall be adhered to throughout the construction period for the phase. The plans shall include, but not be limited to, arrangements for the following in respect of each phase of the works: (i) Protection of carriageway and footway users at all times during construction

Page 69 (ii) Erection and maintenance of hoardings, including decorative displays, security fencing and scaffolding on/over the footway and carriageway and facilities for public viewing where appropriate (iii) Protection of contractors working adjacent to the highway (iv) Measures to manage the delivery of materials and plant to the site, including routing and timing of deliveries (v) Loading and unloading of materials and plant (vi) Storage of plant and materials used in constructing the development (vii) Wheel washing facilities (viii) Measures to control the emission of dust and dirt during construction (ix) Storage of plant and materials used in constructing the development (x) Removal of materials from site including a scheme for recycling/disposing of waste resulting from demolition and construction works (xi) The protection of trees (xii) Measures to control and monitor construction noise (xiii) A program for the works (xiv) Details of site working hours (xv) Details of external lighting

14. The development shall not commence until percolation testing to determine soil infiltration rate is carried out in accordance with BRE 365 Soakaway Design (2003) and CIRIA Report 156 Infiltration drainage - manual of good practice (1996). Method of test must be relevant to proposed SuDS. Testing must be carried out at or as near as possible to the proposed soakaway location (no greater than 25m from proposed soakaway for uniform subsoil conditions. For non-uniform subsoil conditions testing must be carried out at the location of the soakaway). Testing must be carried out at the appropriate depth for proposed SuDS (e.g. invert level, base level of soakaway etc.) relative to existing ground levels. Three percolation tests are to be performed at each trial pit location to determine the infiltration rate, where possible. Where slower infiltration rates are experienced, testing must be carried out over a minimum period of 24 hours (longer if 25% effective depth is not reached). 25% effective depth must be reached. Extrapolated test data will not be accepted.

15. Development shall not commence until a scheme restricting the rate of development flow runoff from the site has been submitted to and approved in writing by the Local Planning Authority. The flowrate from the site shall be restricted to a maximum flowrate of 12 l/s for up to the 1 in 100 year event plus climate change critical storm event. A 30% allowance shall be included for climate change effects and a further 10% for urban creep for the lifetime of the development. Storage shall be provided to accommodate the minimum 1 in 100 year plus climate change critical storm event. The scheme shall include a detailed maintenance and management regime for the drainage network and storage facility. No part of the development shall be brought into use until the development flow restriction works comprising the approved scheme has been completed. The approved maintenance and management scheme shall be implemented throughout the lifetime of the development.

16. No development shall take place until an appropriate Exceedance Flow Plan for the site has been submitted to and approved in writing by the Local Planning Authority. Site design must be such that when SuDS features fail or

Page 70 are exceeded, exceedance flows do not cause flooding of properties on or off site. This is achieved by designing suitable ground exceedance or flood pathways. Runoff must be completely contained within the drainage system (including areas designed to hold or convey water) for all events up to a 1 in 30 year event. The design of the site must ensure that flows resulting from rainfall in excess of a 1 in 100 year rainfall event are managed in exceedance routes that avoid risk to people and property both on and off site.

17. Prior to development commencing above existing ground level, details of the existing ground and floor levels of site and neighbouring buildings and the proposed ground and finished floor levels of the site shall be submitted to and approved in writing by the Local Planning Authority. The levels shall relate to an identified fixed Ordnance Datum. The development shall be constructed in accordance with the approved details and thereafter be retained in the approved form.

18. Development shall not commence until a detailed scheme for the disposal of foul and surface water from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall take place in accordance with the approved details.

19. Prior to occupation of the dwellings, details of proposed fencing of The Stripe lifting station near the eastern boundary of the site shall be submitted to and approved in writing by the Local planning Authority. Thereafter the fencing shall be constructed in accordance with the approved details and maintained for the life of the development.

20. The boundary hedgerows and trees surrounding the site shall be retained as outlined on drawing number 1878:01 Rev A received by Hambleton District Council on 31.05.2019.

21. Any vegetation clearance or hedgerow trimming must be undertaken outside of the bird nesting season (which typically runs from March to August) unless under the supervision of suitably qualified professional who has assessed the potential to disturb nesting birds.

The reasons are:-

1. To ensure compliance with Section 92 of the Town and Country Planning Act, 1990

2. To ensure compliance with Section 92 of the Town and Country Planning Act, 1990.

3. For the avoidance of doubt and to ensure that residential development is located away from areas of potential flooding.

4. To secure an appropriate highway constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of highway users.

5. To ensure safe and appropriate access and egress to the dwellings, in the interests of highway safety and the convenience of prospective residents.

6. In the interests of highway safety.

Page 71 7. To ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience.

8. To ensure that the details are satisfactory in the interests of the safety and convenience of highway users.

9. In the interests of the safety and convenience of highway users.

10. To provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development.

11. To provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area.

12. To establish measures to encourage more sustainable non-car modes of transport.

13. In the interest of public safety and amenity

14. To ensure the site is properly drained, to determine surface water destination and to prevent flooding to properties

15. To mitigate additional flood impact from the development proposals and ensure that flood risk is not increased elsewhere.

16. To prevent flooding to properties during extreme flood events and to mitigate against the risk of flooding on and off the site.

17. In order to protect the amenity and character of the area and to accord with the requirements of Development Policy DP32 and DP1.

18. To prevent the increased risk of flooding from any sources in accordance with the NPPF

19. In accordance with policy SH2 of the LDF.

20. To ensure retention of valuable primary habitat in accordance with policies CP16 and DP31.

21. To ensure that nesting birds are not disturbed in accordance with policies CP16 and DP31.

Page 72 Parish: Sutton-on-the-Forest Committee date: 25th July 2019 Ward: Huby Officer dealing: Miss Charlotte Cornforth th 8 Target date: 29 July 2019

19/00877/FUL

Construction of 3 terraced, single storey dwellings with associated access, parking, bin storage and gardens At Goose Farm, Sutton on the Forest For Mr and Mrs Plummer

This application is referred to Planning Committee at the request of Councillor

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The application site is located within the wider open countryside, located to the south of the village of Sutton on the Forest. There is a “cross-fields” public footpath that links the site to the centre of the village at a length of approximately 1.9 kilometres. Greenpark Business Centre is located to east of the application site and Ponderosa Caravan Park to the north of the site.

1.2 The application site is a piece of land that formerly occupied by a building that was historically used for agricultural purposes. The wider application site comprises of a farmhouse known as Goose Farm and an open fronted barn. There is also a smaller barn to the north of the application site that is proposed to be demolished.

1.3 The proposal seeks the constructed of three, 3-bedroom single storey dwellings, each with access and individual parking for two vehicles off road, bin storage and private gardens areas.

1.4 The dwellings are proposed to be constructed from blockwork which will be painted black on the lower plinth and stone colour above. Cedar clad will be incorporated on some of the external walls, with the windows and doors constructed from UPVC. The roof will be eternit slate (fibre cement slates).

1.5 Access to the site will be taken from Goose Lane. The track up to the proposed dwellings will be re-surfaced. The existing open fronted barn will be retained, with the car parking spaces to the rear of this barn.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 14/02584/MBN- Prior Notification of change of use of agricultural buildings to 3no dwelling houses and associated operational development - Refused 11.02.2015 (extended beyond external dimensions of existing building and represented a unsustainable form of development).

2.2 15/01276/MBN - Prior Notification of change of use of agricultural buildings to 3no dwelling houses and associated operational development - Refused (curtilage too large and no details provided of associated operational development).

2.3 15/02377/MBN Prior Notification for change of use of agricultural building to 3no dwelling houses and for associated operational development - Approved 15.12.2015. Development not implemented or completed before the prescribed 3 year period.

Page 73 2.4 18/01288/MBN - Conversion of existing agricultural buildings into three residential units with associated access, parking, turning and gardens – Refused 15.08.2018.

The reason for refusal stated:

The building has not been used solely for an agricultural use as part of an established agricultural unit. As such the proposal does not satisfy the requirements of Schedule 2, Part 3, Class Q of the GPDO and therefore is not development permitted by the Order.

2.5 19/00377/FUL - Construction of three single storey terraced dwellings with associated access, parking, bin storage and gardens – Application withdrawn 09.04.2019.

3.0 RELEVANT PLANNING POLICIES

Core Strategy Policy CP1 - Sustainable development Core Strategy Policy CP2 – Access Core Strategy Policy CP4 - Settlement hierarchy Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Core Strategy Policy CP21 - Safe response to natural and other force Development Policy DP1 - Protecting amenity Development Policy DP3 - Site accessibility Development Policy DP4 - Access for all Development Policy DP9 - Development outside Development Limits Development Policy DP30 - Protecting the character and appearance of the countryside Development Policy DP32 - General design Development Policy DP33 – Landscaping Interim Guidance Note - adopted by Council on 7th April 2015 Size, Type and Tenure of New Homes SPD - adopted September 2015 National Planning Policy Framework

4.0 CONSULTATIONS

4.1 Sutton on the Forest Parish Council – no response received to date.

4.2 NYCC Local Highway Authority – taking into account the previous local highway authority responses for this site in general, the availability of nearby public bus services, potential employment sites and amenities as stated by the agent for the applicant, the Local Highway Authority raises no highway objections.

4.3 Yorkshire Water – A water supply can be provided under the terms of the Water Industry Act, 1991.

In terms of waste water, this proposal is in an area not served by the public sewerage network. In this instance, the application should be referred to the Environment Agency and the Local Authority's Environmental Health Section for comment on private treatment facilities. It is noted that surface water is to be drained to local watercourse and this application be referred to the LLFA and/or local Internal Drainage Board (IDB) for comments.

4.4 Kyle & Upper Ouse Internal Drainage Board – the application will increase the impermeable area to the site and the applicant will therefore need to ensure that any existing or proposed surface water system has the capacity to accommodate any increase in surface water discharge from the site.

Page 74

If the surface water is to be discharged to any ordinary watercourse within the Drainage District, Consent from the IDB would be required in addition to Planning Permission, and would be restricted to 1.4 litres per second per hectare or greenfield runoff.

4.5 Environmental Health – no objection.

4.6 Environmental Health (Contaminated Land) the submitted PALC has been assessed. The agent has not identified any potential sources of contamination on site, however, given the nature and scale of the proposed residential development the applicant is required to submit a Phase 1 Preliminary Risk Assessment, ideally prior to determination, to demonstrate the land is suitable for use in accordance with the NPPF. Further site investigations and remediation may also be required depending on the results of the Phase 1 investigation.

4.7 Public comments and site notice – no response received to date.

5.0 ANALYSIS

5.1 The main issues to consider are: (i) the principle of development; (ii) the impact on the character of the area (iii) design; (iv) residential amenity; (v) highway safety (vi) land contamination; and (vii) drainage.

Principle of development

5.2 A planning application has to be determined in accordance with the Development Plan, unless material considerations indicate otherwise (Section 38 (6) of the Planning and Compulsory Purchase Act 2004).

5.3 The application site falls outside of the development limits of a sustainable settlement, within the open countryside and as such, has no status in Policy CP4 of the Core Strategy. Policy DP9 states that development will only be granted for development "in exceptional circumstances".

5.4 Policy CP4 sets out circumstances where development may be permitted beyond the development limits. These circumstances are:

i. it is necessary to meet the needs of farming, forestry, recreation, tourism and other enterprises with an essential requirement to locate in a smaller village or the countryside and will help to support a sustainable rural economy; or ii. it is necessary to secure a significant improvement to the environment or the conservation of a feature of acknowledged importance; or iii. it would provide affordable housing or community facilities which meet a local need, where that need cannot be met in a settlement within the hierarchy; or iv. it would re-use existing buildings without substantial alteration or reconstruction, and would help to support a sustainable rural economy or help to meet a locally identified need for affordable housing; or v. it would make provision for renewable energy generation, of a scale and design appropriate to its location; or vi. it would support the social and economic regeneration of rural areas.

5.5 The proposal does not comply with any of the exceptions stated and is therefore contrary to Policy CP4.

Page 75 5.6 The application site is not located within or close to a village or settlement boundary. It is therefore considered that the proposal does benefit from the Interim Policy Guidance.

5.7 Policy CP1 states the use and development of land will be assessed against the community’s housing, economic and social requirements, protection and enhancement of the natural and built environment and minimisation of energy consumption and the need to travel.

5.8 Furthermore, Paragraph 79 of the NPPF states:

Planning policies and decisions should avoid the development of isolated homes in the countryside unless one or more of the following circumstances apply:

a) there is an essential need for a rural worker, including those taking majority control of a farm business, to live permanently at or near their place of work in the countryside;

b) the development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets;

c) the development would re-use redundant or disused buildings and enhance its immediate setting;

d) the development would involve the subdivision of an existing residential dwelling; or

e) the design is of exceptional quality, in that it: - is truly outstanding or innovative, reflecting the highest standards in architecture, and would help to raise standards of design more generally in rural areas; and - would significantly enhance its immediate setting, and be sensitive to the defining characteristics of the local area.

5.9 The proposal does not claim any of the exceptions as outlined in a) to e).

5.10 Housing in locations outside of the updated Settlement Hierarchy will not be supported as this would result in isolated dwellings in the countryside, contrary to the NPPF concept of sustainability. This includes very small ‘settlements’ with a dispersed loose knit form and where there are very few residential buildings, such as a cluster of farmsteads.

5.11 The agent is claiming that case law considers new isolated homes in the context of previously developed land. The site was formerly occupied by agricultural buildings.

5.12 Agricultural buildings do not fall within the definition of Previously Developed Land in the NPPF which states:

“Land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. This excludes: land that is or was last occupied by agricultural or forestry buildings; land that has been developed for minerals extraction or waste disposal by landfill, where provision for restoration has been made through development management procedures; land in built-up areas such as residential gardens, parks, recreation grounds and allotments; and land that was previously developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape.”

Page 76 5.13 The agent also states that because the application site lies to the rear of, and in close proximity to, the existing farmhouse and the existing barn adjoining the access to the application site, it cannot be considered “isolated”.

5.14 The agent has also identified that there are the following employers and recreation sites within 0.5 miles from the application site. These include:

• Green Park Business Centre – large storage complex with large and small scale manufacturing units • Ponderosa Caravan Park • Goosewood Holiday Park – with swimming pool, bar, restaurant and shop open to non-residents • Nigel Jagger Plant Unit • Harpers Environmental • Moverley Business Park • Glen Coaches

5.15 A planning application has to be determined in accordance with the Development Plan. Core Policy Strategy CP4 does not permit market housing beyond the development limits.

5.16 In terms of the planning history of the site, the buildings that were previously on the site were permitted to be converted under the Class Q regulations to form 3 dwellings. These buildings were not converted within the prescribed time and have since been demolished. A planning application has now been submitted for what is in essence, the same proposal.

5.17 A planning application has to be determined in accordance with the Development Plan. Therefore, no weight can be given to the previous approval as that was considered under Class Q regulations and not the Development Plan.

5.18 In light of the above, it is considered the proposal represents development in a location within the open countryside, without a clear and justified exceptional case for development. The proposal is contrary to Policies CP1, CP2 and CP4 of the adopted Hambleton Local Development Framework and the National Planning Policy Framework.

Impact upon the character of the area

5.19 The proposed dwellings will be single storey and positioned on the foot print of a previous building. The positioning of the dwellings to the north west of the farmhouse will ensure that the farmhouse will remain the prominent building when travelling along Goose Lane and from wider vantage points.

5.20 The existing access will be utilised and re-surfaced. The existing open fronted barn will be retained, with the car parking spaces to the rear of this barn.

Design

5.21 Policies CP17 and DP32 require the highest quality of creative, innovative and sustainable design for buildings and landscaping that take account of local character and settings, promote local identity and distinctiveness and are appropriate in terms of use, movement, form and space.

5.22 The dwellings are proposed to be constructed from blockwork which will be painted black on the lower plinth and stone colour above. Cedar claddin will be incorporated

Page 77 on some of the external walls, with the windows and doors constructed from UPVC. The roof will be eternit slate (fibre cement slates).

5.23 It is considered that the proposed material, painted blockwork is inappropriate in this rural environment. Residential amenity

5.24 It is considered that due to positioning of the dwellings, the dwellings being relatively low in height and the positioning of the openings, there would not be a material adverse impact upon the amenity of the neighbouring occupiers of Goose Farm.

5.25 Each dwelling has adequate private amenity space, bin storage and 1.8 metre high fences between each dwelling.

Highway safety

5.26 The Highway Authority has raised no objection to the proposal. There is adequate on-site turning and parking for each dwelling. It is considered that the proposal will not be detrimental to highway safety

Land contamination

5.27 The submitted PALC information does not identify any asbestos, fuel, oil or chemical storage, waste disposal, burning or any other risks of land contamination.

5.28 Environmental Health has advised that a Phase 1 Phase 1 Preliminary Risk Assessment is required given the scale and nature of the proposal. This detail can be secured by planning condition. At this stage, it is considered that the proposal will not result in an unacceptable risk from contamination.

Drainage

5.29 Foul drainage would be disposed of via a package treatment plant and surface water with a restricted flow to a nearby watercourse, with some storage on site. There is no evidence to suggest that the demands on the infrastructure of the area arising from the development would be so great that the infrastructure would be unable to cope with the additional development. The exact details can be secured by planning condition.

Planning balance

5.30 Consideration has been given to the benefits of providing 3 additional homes and the social and economic gains that can be derived from new housing. This is to be weighed against the environmental harm as set out above in terms of development in an unsustainable location and the inappropriate material that are proposed.

6.0 RECOMMENDATION

6.1 That subject to any outstanding consultations permission is REFUSED for the following reasons:

Page 78 6.1 The proposed new dwellings would be located within the open countryside, outside of any settlement development as defined within the revised Settlement Hierarchy for Hambleton at Local Development Framework Policy CP4. The proposal is therefore contrary to Policies CP1, CP2 and CP4 of the adopted Hambleton Local Development Framework and the National Planning Policy Framework.

6.2 The proposed new dwellings by virtue of their construction materials are not of the highest quality and do not take into account local character or distinctiveness. The proposal is therefore contrary to Policies CP17 and DP32 of the adopted Hambleton Local Development Framework and the National Planning Policy Framework which seeks for the highest quality of design.

Page 79 This page is intentionally left blank Parish: Thimbleby Committee date: 25 July 2019 Ward: Osmotherley & Swainby Officer dealing: Mrs H Laws 9 Target date:

18/02648/FUL

Construction of two storey extension to dwelling; alterations to stables to form holiday accommodation; replacement of front boundary fence and gate At: Woodlands Farm, Thimbleby For: Mr & Mrs Paul and Amy Callin

This application is referred to Planning Committee at the request of Councillor Hugill.

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The dwelling, which is a grade II listed building, lies on the northern side of the village street at the western end of the village of Thimbleby. The dwelling fronts onto the highway together with its annexe, which is a converted single storey outbuilding to the side. To the rear of the dwelling is a courtyard formed by stables along the northern and eastern sides, with units of holiday accommodation along the western side.

1.2 Vehicular access into the property is at the western end of the site leading into a parking area at the rear of the dwelling. Agricultural land, paddocks and an equestrian ménage lie beyond the curtilage of the buildings to the north and west; a neighbouring residential property lies to the east.

1.3 The existing two storey dwelling is a grade II listed building; the attached annexe is in use as a unit of holiday accommodation, separated from the main part of the dwelling by a dining room. The annexe is attached to the stable block but with no internal connection. There are currently several loose boxes along the eastern and northern boundaries of the central courtyard. There are three units of holiday accommodation within the shorter western and corner section of the courtyard.

1.4 The application includes several elements of development, which are listed as follows:

• A two storey extension to the rear of the dwelling to replace an existing single storey extension. The extension would be finished in sandstone (reclaimed where possible) and interlocking pantiles • The creation of first floor accommodation within the roofspace above the existing single storey annexe for use as staff accommodation • The use of the roofspace above the stables in the east wing for use as a unit of holiday accommodation • The construction of a glazed extension to the east elevation of the stables to provide a fire escape for the above holiday unit • Replace the existing front boundary fence with an 1800mm high timber close boarded fence and trellis, with the existing low wall immediately to the front of the dwelling retained and repaired.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 02/01425/FUL – Ground floor extension to existing dwelling. Permission granted 28/10/2002.

Page 81 2.2 06/00289/LBC – Application for listed building consent for internal alterations to existing dwelling. Consent granted 31/3/2006.

2.3 06/02229/FUL – Construction of a replacement domestic outbuilding. Permission granted 30/5/2007.

2.4 07/00767/CON – Application for conservation area consent to demolish existing outbuilding. Consent granted 15/5/2007.

2.5 13/02524/FUL - Alterations to existing annexe to form a holiday let and formation of a car parking area. Permission granted 4/2/2014.

2.6 13/02526/FUL & 13/02565/LBC - Alterations to existing garage and stable building to form 2 holiday units. Planning permission and listed building consent granted 23/5/2014.

2.7 15/00243/FUL & 15/00226/LBC - Demolition of garage/utility/toilet building and construction of stone built building to form a self-contained holiday unit and 2no bed and breakfast units. Planning permission and listed building consent granted 7/4/2015.

3.0 RELEVANT PLANNING POLICIES

3.1 The relevant policies are:

Core Strategy Policy CP1 - Sustainable development Core Strategy Policy CP2 - Access Core Strategy Policy CP4 - Settlement hierarchy Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Development Policies DP1 - Protecting amenity Development Policies DP28 – Protecting the Natural and Built Environment Development Policies DP30 - Protecting the character and appearance of the countryside Development Policies DP32 - General design National Planning Policy Framework

4.0 CONSULTATIONS

4.1 Parish Council – does not support the application for the following reasons:

The fire escape on the side of the conversion to self-catering is incorrectly positioned being to the side of the property with any escapees entering a dangerous area of the generator building

4.2 NYCC Highway Authority – no objections

4.3 HDC Environmental Health Officer – I have considered the above development and have some concerns with regards to the proposed staff accommodation which is to be located in an attic conversion.

The floor plans and elevations are unclear as to what area of the bedroom and living room for the member of staff will provide acceptable headroom for an occupier. Any part of the floor area of the room in relation to which the height of the ceiling is less than 1.5 metres will not be taken into account in determining the floor area of that room and is only suitable to be used for storage purposes. The bedroom needs to provide a minimum of 6.5 square metres but this does need to provide usable space

Page 82 for furniture. Although the plans show a layout for furniture, this appears to be optimistic given the potential headroom.

There is no reference on the plan regarding the adequate provision of a kitchen for the member of staff to use.

Due to these concerns I am unable to make a decision in support of this application.

4.4 Public comments – the following comment has been received from the neighbouring residents:

The current application for the fire escape is totally unsuitable for the area. It is within 8 metres of our main entrance and in full view of the conservatory and back porch. We consider this to be a loss of amenity as we currently look out on plain stonework. The glass and timber structure will totally dominate our outlook and can only detract from the stonework in our yard.

We think the applicant has not researched the options of an internal fire escape on the other side of the building.

4.5 Letters of support have been received from Welcome to Yorkshire, Beaver Furniture, Green Tourism and guests of the business, which are summarised as follows:

• This business has the prestigious green tourism award and is working hard to help establish itself as a leading sustainable business and support the whole of Yorkshire in being a strong sustainable and high-quality green destination • Woodlands farm is seeking to gain a higher green award to help put Yorkshire on the map as a forward thinking destination and would like to attract more of the growing green pound • feel that the proposed changes would enhance the listed property; significant improvement to what’s currently there • the proposed addition of a guest lounge to Woodlands Farm would be an extremely positive enhancement and this seems to be a creative use of what is now seemingly just roof space above the stables • provides support for local businesses

5.0 OBSERVATIONS

5.1 The main issues to consider are: i) the principle of providing the additional holiday unit and the provision of staff accommodation; ii) the impact on the historic fabric and significance of the heritage asset; iii) the economic impact of the proposed development; iv) the design of the proposed extensions and; v) the impact on residential amenity.

The principle of development

5.2 LDF Policy CP4 allows development of the type proposed in principle, where the site lies within the Development Limits of settlements that are defined in the Settlement Hierarchy, and which is of a scale and nature appropriate to secure the sustainability of each settlement. Thimbleby is not a settlement included within the hierarchy and the application site therefore lies well beyond the Development Limits of any settlement. To be acceptable, any development in Thimbleby needs to be justified as an exception to Policy CP4, criterion iv) states that an exception can be made if the development; "would re-use existing buildings without substantial alteration or reconstruction, and would help to support a sustainable rural economy...". Policy CP4 is more supportive of building conversions than new builds, allowing the re-use of redundant buildings to help support the local economy.

Page 83 5.3 In conjunction with CP15 and in particular DP25 the proposal is a rural economic use which is relatively modest in scale, as an extension to an existing business operation, and which provides accommodation of a specific type that cannot be readily provided within a larger settlement.

5.4 The creation of the unit of staff accommodation effectively provides an independent unit of accommodation but in respect of the NPPF definition of sustainability the development would perform an economic role associated in this case with an existing business. Restricting the occupation of the accommodation to a staff member would address the sustainability aspect of LDF Policy CP1 to some degree. In addition, the unit is integral to the existing complex of buildings and its proximity to the existing dwelling and holiday use would give rise to some disturbance if occupied separately from the other uses at the site. Given the proposal is for accommodation to be occupied in association with the existing business and would be occupied by someone employed at the site there are no objections subject to the imposition of an occupancy condition.

Heritage Impact

5.5 Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in determining a planning application for development which affects a listed building or its setting, the Local Planning Authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

5.6 The National Planning Policy Framework at paragraph 195 and 196 requires an assessment of the potential harm a proposed development would have upon the significance of a designated heritage asset and requires that harm should be weighed against the public benefits of the proposal, including securing the optimum viable use of the building.

5.7 The Heritage Statement submitted in support of the application outlines that the significance of the building lies within its example as a surviving 19th century farmhouse and associated farmstead. It goes on to define that the simple plan form and vernacular character provides the overall aesthetic appeal of the site.

5.8 The applicant’s statement infers that previous developments on the site have served to detract from the building to such an extent that it would no longer meet the test of special architectural and historic interest for statutory designation. However, the statutory designation of the building is a matter for consideration by Historic England as the public body responsible for the protection of the historic environment and is not relevant to the consideration of this application as the buildings remain under the protection of the statutory listing. Further it is clear from the NPPF that earlier alterations to a building which impact on its significance should not be used to justify further erosion of the significance of the heritage asset.

5.9 There are no objections to much of the proposed development including the removal and replacement of modern materials with more traditional materials, which would serve to preserve, and in places enhance, the special interest of the listed building and its setting.

5.10 As existing, the PVCu windows detract from the significance of the building and therefore, the principle of their replacement with timber alternatives is welcomed. Despite this, it is considered that the proposed ‘3 over 3’ sash windows are inappropriate to the construction of the building and in themselves would result in a harmful impact.

Page 84 5.11 The Heritage Statement outlines that there are various examples of 3 over 3 sash windows in the locality of the site and they have been recommended by various specialist window manufactures. Despite this, it still considered that a 2 over 2 sash window would be more appropriate due to the proportions of the window openings. There is no evidence to suggest that the original windows had 3 over 3 panes.

5.12 There are no objections to the removal of the existing single storey extension, which is positioned to the rear of the dwelling, the roof of which is at a very low pitch and is causing maintenance issues. The extension is a later addition and is of no historic or architectural merit. However, the single storey, low height nature of the existing extension results in a low key development that has limited overall impact on the dominant character of the dwelling. The fact that the extension is of single storey and of lean-to design allows it to be understood as subservient to the building and allows for the retention of an understanding of its predominant historic form. The proposed two-storey extension to the rear of the property would introduce a more complex, cross-gabled design that would detract from the overall simplicity of the building to an extent to which it would no longer be legible. As such, it is considered that this would result in less than substantial harm to the special interest of the listed building.

5.13 The applicant has outlined that they have had issues gaining buildings insurance due to the construction of the roof structure on the existing single storey extension to the rear of the property. However, this is not a material consideration for the Local Planning Authority; nor would this justify its replacement with a two storey structure. A replacement single storey structure could be considered in order to remedy any structural issues associated with the existing structure.

5.14 The proposed rear access staircase to the stables/holiday accommodation is located on the side elevation which, as existing, is a plain blank elevation. The Heritage Statement assesses that the elevation has been subject to previous alteration including the removal of a northward facing extension. Despite this, it is considered that it still provides a positive contribution to the overall interest of the listed building and site.

5.15 The proposed development introduces a fire escape at roof height with associated staircase to ground level. Concerns were raised about the impact that the proposed development would have upon what is otherwise a plain façade. The applicant was also asked to explore alternative options including the potential use of a compliant rooflight or provision of an internal staircase. The applicant subsequently revised the scheme to include a timber framed glazed covering around the stairs to a design inspired by a neighbouring property.

5.16 However, it is considered that this is not appropriate on a simple barn type structure, nor is a first floor access point reflective of historic stable blocks of this style and form. As such, it is considered that this would result in less than substantial harm to the special interest of the listed building.

5.17 Based on the above, it is considered that much of the proposed development would lead to less than substantial harm to the special interest of the listed building.

5.18 The National Planning Policy Framework at Paragraph 196 states that where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefit of the proposal including, where appropriate, securing its optimum viable use.

5.19 The public benefits of the proposal include supporting the rural economy as well as the removal of modern rainwater goods and their replacement with materials considered to be more suitable. Despite these benefits, the construction of the two storey extension to the rear of the property would facilitate a large master bedroom

Page 85 for the owners of the property. It is considered that this is an overtly private benefit. Furthermore, the applicant has also failed to demonstrate that the level of intervention into the stable block/holiday accommodation is necessary or that other alternative means of escape are not viable. It is appreciated that the intervention of a staircase into the courtyard area may also have an adverse impact on the significance of the heritage asset, but no information has been received to suggest that internal staircase would not be possible. Furthermore, although the replacement of the modern windows is welcomed, little weight can be afforded to this due to the inappropriate design of their proposed replacements.

5.20 It is considered that similar levels of public benefit could be achieved through a scheme which results in significantly less harm to the significance of the heritage asset.

5.21 The Local Development Framework Policies CP16 and DP28 require that developments preserve and enhance listed buildings, that requirement is not met in this case and the proposal is therefore also contrary to the policies of the LDF.

5.22 Overall therefore, it is considered that in that case, the public benefits of the proposal are not outweighed by a public benefit and therefore, the application is recommended for refusal on these grounds.

Economic Impact

5.23 Paragraphs 80 to 82 of the NPPF explain the Government's commitment to securing economic growth in order to create jobs and prosperity and create conditions where businesses can invest, expand and adapt. The Government wants to ensure that the planning system does everything it can to support this objective. Paragraph 83 of the NPPF requires Local Plan policies to support economic growth in rural areas.

5.24 A part of the proposed development is for use in connection with the commercial use of the site and part is for the private, domestic use of the applicants. There are no objections in principle to the provision of the additional holiday accommodation, particularly as it is an expansion of the existing business use at the site.

Design

5.25 There are no objections to the removal of the existing single storey extension to the rear of the dwelling, the roof of which is of a very low pitch and is causing maintenance issues. The extension is a later addition and is of no historic or architectural merit. However, the single storey, low height nature of the existing extension results in a low key development that has limited overall impact on the dominant longhouse character of the dwelling. The fact that the extension is of single storey and of lean-to design allows it to be understood as subservient to the building and allows for the retention of the understanding of its predominant historic form. The proposed replacement two-storey extension to the rear of the property would introduce a more complex, cross-gabled design that would serve to detract from the overall simplicity of the building, creating a dominant extended form, to an extent in which it would no longer be legible. As such, it is considered that this would not respect the existing form and design of the dwelling or its context, contrary to LDF Policy CP17.

5.26 The proposed rear access staircase to the stables/holiday accommodation is located on the side elevation which, as existing, is a plain blank elevation. The proposed development introduces a fire escape at roof height with associated staircase to ground level. Concerns were raised about the impact that the proposed would have upon what is otherwise a plain façade. The applicant was also asked to explore alternative options including the potential use of a compliant rooflight or provision of

Page 86 an internal staircase. The applicant subsequently revised the scheme to include a timber framed glazed covering around the stairs to a design inspired by a neighbouring property (a timber framed conservatory).

5.27 However, it is considered that this is not appropriate on a simple barn type structure, in particular given its listed status, nor is a first floor access point reflective of historic stable blocks of this type. As such, it is considered that this would detract from the appearance of the existing building contrary to LDF Policy CP17.

5.28 There are no objections to the proposed replacement walling and fencing at the front of the site, which would improve the appearance of the streetscene.

Residential Amenity

5.29 LDF Policy DP1 requires all development to adequately protect amenity, particularly with regard to privacy, security, noise and disturbance, pollution (including light pollution, odours and daylight). The closest neighbour to the application site is the adjacent property at Orchard House. The outer wall of the stable block lies in close proximity to the fenced northern boundary with Orchard House, providing a solid walled outlook for that property. Although the southern side of Orchard House has limited openings, other than a conservatory extension, and there is a gap between the boundary and dwelling occupied by the driveway and parking area, the construction of the timber glazed extension to provide the fire escape, would be a prominent addition to the existing simple stone wall and clearly visible from the neighbouring property.

5.30 The visibility of the extension from the neighbouring property is not in itself a reason to refuse planning permission. It is likely that the glazing could be obscured so that there would be no practical overlooking and subsequent loss of privacy. The relevant issue of concern is in respect of the large scale and dominance of the extension, which would be imposing in such close proximity to the shared boundary. The use of contrasting materials and such a large amount of glazing is incongruous in an otherwise simple stone elevation, and would have an overbearing and adverse effect on the amenity of the neighbouring residents, contrary to Policy DP1.

5.31 The Council’s Environmental Health Officer has concerns regarding the standard of accommodation proposed for the staff member due to the absence of a kitchen facility and the lack of headroom for much of the floorspace, as it lies within the roof of the building. In addition there is a limited outlook due to the rooms being served only by rooflights. The floorspace provided would comply with the requirements of the Environmental Health Officer and there could be space for kitchen provision but it is still considered that the proposed unit does not provide a high standard of accommodation.

Planning Balance

5.32 It is considered that the scheme would result in modest economic gains through the works to convert the building to provide an additional unit of holiday accommodation. However, the development would cause harm to the environment by failing to respect the existing building, resulting in less than substantial harm to the significance of the heritage asset and harm to neighbouring amenity. It is considered that the less than substantial harm is not off-set by the public benefits and that in the planning balance the benefits of the proposed development do not outweigh the harm caused. The proposal fails to meet the tests of the LDF Policies and the tests set out in the NPPF and on balance the proposals are recommended for refusal.

Page 87 6.0 RECOMMENDATION

6.1 That subject to any outstanding consultations permission is REFUSED for the following reasons:

1. The proposed development is contrary to LDF Policies CP17 and DP32. Development should be of a scale and design appropriate to the size and form of its surroundings. It is considered that the proposed extensions by reason of their scale and design would detract from the form and character of the original dwelling to the detriment of the character and appearance of the area and would fail to make a positive contribution as required by Development Policy DP32. The proposed development is considered to fail to accord with the requirements of LDF Policies CP17 and DP32 in terms of the provision of high quality development for the reasons set out above.

2. The proposed development would cause a substantial loss of amenity to the neighbouring residential property at Orchard House by reason of an overbearing impact due to the scale and materials of the proposed fire escape extension. As such the proposed development is considered to fail to comply with the requirements of Local Development Framework Policy DP1.

3. The proposed development is not consistent with the character and significance of the heritage asset and would result in less than substantial harm to the significance of the heritage asset. This harm would not be outweighed by a public benefit. The proposed development is considered to fail to accord with the requirements of the National Planning Policy Framework and those of Core Policy CP16 and Development Policy DP28 of the adopted Hambleton Local Development Framework.

Page 88 Parish: Thimbleby Committee date: 25 July 2019 Ward: Osmotherley & Swainby Officer dealing: Mrs H Laws 10 Target date:

18/02647/LBC

Listed Building Consent for internal alterations to dwelling; construction of a two storey extension; replacement windows and doors; and alterations to stables to form holiday accommodation At: Woodlands Farm, Thimbleby For: Mr & Mrs Paul and Amy Callin

This application is referred to Planning Committee at the request of Councillor Hugill.

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The dwelling, which is a grade II listed building, lies on the northern side of the village street at the western end of the village. The dwelling fronts onto the highway together with its annexe, which is a converted single storey outbuilding to the side. To the rear of the dwelling is a courtyard formed by stables along the northern and eastern sides, with units of holiday accommodation along the western side.

1.2 Vehicular access into the property is at the western end of the site leading into a parking area at the rear of the dwelling. Agricultural land, paddocks and an equestrian ménage lie beyond the curtilage of the buildings to the north and west; a neighbouring property lies to the east.

1.3 The existing two storey dwelling is a grade II listed building with a modern single storey rear extension. The building is stone with a pantiled roof. The attached annexe is in use as a unit of holiday accommodation, separated from the main part of the dwelling by a dining room. The annexe is attached to the stable block but with no internal connection. There are currently several loose boxes along the eastern and northern boundaries of the central courtyard. There are three units of holiday accommodation within the shorter western and corner section of the courtyard.

1.4 The application includes several proposals for development, which are listed as follows:

• A two storey extension to the rear of the dwelling to replace an existing single storey extension. The extension would be finished in sandstone (reclaimed where possible) and interlocking pantiles

• The creation of first floor accommodation within the roofspace above the existing single storey annexe to provide staff accommodation

• The creation of a unit of holiday accommodation within the roofspace above the stables in the east wing

• The construction of a glazed extension to the east elevation of the stables to provide a fire escape for the above holiday unit

• The insertion of 12no. rooflights in the roofs above the annexe and holiday unit to serve the proposed accommodation

Page 89 • Replace the upvc windows (8no.) and french doors on the front elevation with timber framed sash windows and timber framed glazed door. 3no. windows would be 3 over 3 paned sash; 5no. windows would be 2 over 2 paned sash. The french doors would be 3 panes wide and 3 deep.

• Replace the existing front door with a 6 panel timber door

• Replace the existing front boundary fence with an 1800mm high timber close boarded fence and trellis, with the existing low wall immediately to the front of the dwelling retained and repaired.

• Insertion of two rooflights in the existing kitchen lean to roof on the rear elevation of the dwelling

• Replace existing upvc windows with timber framed windows in the rear elevation of the dwelling

• Re-instate a window opening on the front elevation of the annexe and install a timber framed 2 over 2 paned window

• Replace existing roof tiles on the main dwelling with traditional pantiles

• Rebuild existing chimneys with traditional materials

• Reinstate original stone kneelers on the gable ends of the existing dwelling

• Replace all existing gutters and downpipes with aluminium gutters and downpipes

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 02/01425/FUL – Ground floor extension to existing dwelling. Permission granted 28/10/2002.

2.2 06/00289/LBC – Application for listed building consent for internal alterations to existing dwelling. Consent granted 31/3/2006.

2.3 06/02229/FUL – Construction of a replacement domestic outbuilding. Permission granted 30/5/2007.

2.4 07/00767/CON – Application for conservation area consent to demolish existing outbuilding. Consent granted 15/5/2007.

2.5 13/02524/FUL - Alterations to existing annexe to form a holiday let and formation of a car parking area. Permission granted 4/2/2014.

2.6 13/02526/FUL & 13/02565/LBC - Alterations to existing garage and stable building to form 2 holiday units. Planning permission and listed building consent granted 23/5/2014.

2.7 15/00243/FUL & 15/00226/LBC - Demolition of garage/utility/toilet building and construction of stone built building to form a self-contained holiday unit and 2no bed and breakfast units. Planning permission and listed building consent granted 7/4/2015.

3.0 RELEVANT PLANNING POLICIES

Page 90 3.1 The relevant policies are:

Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Development Policies DP28 - Conservation Development Policies DP32 - General design National Planning Policy Framework

4.0 CONSULTATIONS

4.1 Parish Council – does not support either application for the following reasons:

• The fire escape on the side of the conversion to self-catering is incorrectly positioned being to the side of the property with any escapees entering a dangerous area of the generator building

4.2 Public comments – the following comment has been received from the neighbouring residents:

The current application for the fire escape is totally unsuitable for the area. It is within 8 metres of our main entrance and in full view of the conservatory and back porch. We consider this to be a loss of amenity as we currently look out on plain stonework. The glass and timber structure will totally dominate our outlook and can only detract from the stonework in our yard.

We think the applicant has not researched the options of an internal fire escape on the other side of the building.

4.3 Letters of support have been received from Welcome to Yorkshire, Beaver Furniture, Green Tourism and guests of the business, which are summarised as follows:

This business has the prestigious green tourism award and is working hard to help establish itself as a leading sustainable business and support the whole of Yorkshire in being a strong sustainable and high-quality green destination

• Woodlands farm is seeking to gain a higher green award help put Yorkshire on the map as a forward thinking destination and would like to attract more of the growing green pound

• feel that the proposed changes would enhance the listed property; significant improvement to what’s currently there

• the proposed addition of a guest lounge to Woodlands Farm would be an extremely positive enhancement and this seems to be a creative use of what is now seemingly just roof space above the stables

• provides support for local businesses

5.0 OBSERVATIONS

5.1 The main issue to consider is the impact of the proposed development on the historic fabric of the heritage asset and the impact of the proposed changes on the significance of the heritage asset.

5.2 Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in determining a planning application for development which affects a listed building or its setting, the Local Planning Authority shall have special regard to the

Page 91 desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

5.3 The National Planning Policy Framework at paragraph 195 and 196 requires an assessment of the potential harm a proposed development would have upon the significance of a designated heritage asset and requires that harm should be weighed against the public benefits of the proposal, including securing the optimum viable use of the building.

5.4 The Heritage Statement submitted in support of the application outlines that the significance of the building lies within its example as a surviving 19th century farmhouse and associated farmstead. It goes on to define that the simple plan form and vernacular character provides the overall aesthetic appeal of the site.

5.5 The applicant’s statement infers that previous developments on the site have served to detract from the building to such an extent that it would no longer meet the test of special architectural and historic interest for statutory designation. However, the statutory designation of the building is a matter for consideration by Historic England as the public body responsible for the protection of the historic environment and is not relevant to the consideration of this application as the buildings remain under the protection of the statutory listing.

5.6 There are no objections to much of the proposed development including the removal and replacement of modern materials with more traditional materials, which would serve to preserve, and in places enhance, the special interest of the listed building and its setting.

5.7 As existing, the PVCu windows detract from the significance of the building and therefore, the principle of their replacement with timber alternatives is welcomed. Despite this, it is considered that the proposed ‘3 over 3’ sash windows are inappropriate to the construction of the building and in themselves would result in a harmful impact.

5.8 The Heritage Statement outlines that there are various examples of 3 over 3 sash windows in the locality of the site and they have been recommended by various specialist window manufactures. Despite this, it still considered that a 2 over 2 sash window would be more appropriate due to the proportions of the window openings. There is no evidence to suggest that the original windows had 3 over 3 panes.

5.9 There are no objections to the removal of the existing single storey extension, which is positioned to the rear of the dwelling, the roof of which is at a very low pitch and is causing maintenance issues. The extension is a later addition and is of no historic or architectural merit. However, the single storey, low height nature of the existing extension results in a low key development that has limited overall impact on the dominant character of the dwelling. The fact that the extension is of single storey and of lean-to design allows it to be understood as subservient to the building and allows for the retention of an understanding of its predominant historic form. The proposed two-storey extension to the rear of the property would introduce a more complex, cross-gabled design that would detract from the overall simplicity of the building to an extent to which it would no longer be legible. As such, it is considered that this would result in less than substantial harm to the special interest of the listed building.

5.10 The applicant has outlined that they have had issues gaining buildings insurance due to the construction of the roof structure on the existing single storey extension to the rear of the property. However, this is not a material consideration for the Local Planning Authority; nor would this justify its replacement with a two storey structure. A replacement single storey structure could be considered in order to remedy any structural issues associated with the existing structure.

Page 92 5.11 The proposed rear access staircase to the stables/holiday accommodation is located on the side elevation which, as existing, is a plain blank elevation. The Heritage Statement assesses that the elevation has been subject to previous alteration including the removal of a northward facing extension. Despite this, it is considered that it still provides a positive contribution to the overall interest of the listed building and site.

5.12 The proposed development introduces a fire escape at roof height with associated staircase to ground level. Concerns were raised about the impact that the proposed development would have upon what is otherwise a plain façade. The applicant was also asked to explore alternative options including the potential use of a compliant rooflight or provision of an internal staircase. The applicant subsequently revised the scheme to include a timber framed glazed covering around the stairs to a design inspired by a neighbouring property.

5.13 However, it is considered that this is not appropriate on a simple barn type structure, nor is a first floor access point reflective of historic stable blocks of this style and form. As such, it is considered that this would result in less than substantial harm to the special interest of the listed building.

5.14 Based on the above, it is considered that much of the proposed development would lead to less than substantial harm to the special interest of the listed building.

5.15 The National Planning Policy Framework at Paragraph 196 states that where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefit of the proposal including, where appropriate, securing its optimum viable use.

5.16 The public benefits of the proposal include supporting the rural economy as well as the removal of modern rainwater goods and their replacement with materials considered to be more suitable. Despite these benefits, the construction of the two storey extension to the rear of the property would facilitate a large master bedroom for the owners of the property. It is considered that this is an overtly private benefit. Furthermore, the applicant has also failed to demonstrate that the level of intervention into the stable block/holiday accommodation is necessary or that other alternative means of escape are not viable. It is appreciated that the intervention of a staircase into the courtyard area may also have an adverse impact on the significance of the heritage asset, but no information has been received to suggest that internal staircase would not be possible. Furthermore, although the replacement of the modern windows is welcomed, little weight can be afforded to this due to the inappropriate design of their proposed replacements.

5.17 It is considered that similar levels of public benefit could be achieved through a scheme which results in significantly less harm to the significance of the heritage asset.

5.18 The Local Development Framework Policies CP16 and DP28 require that developments preserve and enhance listed buildings, that requirement is not met in this case and the proposal is therefore also contrary to the policies of the LDF.

5.19 Overall therefore, it is considered that in that case, the public benefits of the proposal are not outweighed by a public benefit and therefore, the application is recommended for refusal on these grounds.

Page 93 6.0 RECOMMENDATION

6.1 That subject to any outstanding consultations permission is REFUSED for the following reasons:

1. The proposed development is not consistent with the character and significance of the buildings and would result in less than substantial harm to the significance of the heritage asset. This harm would not be outweighed by a public benefit. The proposed development is considered to fail to accord with the requirements of the National Planning Policy Framework and those of Core Policy CP16 and Development Policy DP28 of the adopted Hambleton Local Development Framework.

Page 94 Parish: Thirsk Committee date: 25 July 2019 Ward: Thirsk Officer dealing: Mr C Allison 11 Target date: 27 June 2019 (No Extension of Time agreed) 19/00766/ADV

Retrospective application for advertisement consent to display 1 hanging sign and 1 fascia sign At Milano, 13 Millgate, Thirsk For Mr Abbas Salih

This application is referred to Planning Committee as the application site is owned by Councillor Bardon

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The application site is at the northern end of a terrace there are a number of small shop units on the opposite side of the cobbled lane adjacent. There is a butchers shop adjoining to the south and two other restaurants further south still. The site is located within the Thirsk Conservation Area and within an Article 4 Direction Area.

1.2 The applicant is applying for retrospective advertisement consent to display one hanging sign and one fascia sign. Both of these signs have been constructed out of aluminium on a black background with silver writing. Both signs are non-illuminated.

1.3 The Council has communicated with the applicant to ask for alterations to the scheme to achieve improvements to overcome the harm set out below; however these have not been forthcoming.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 11/01237/FUL – Change of use from shop (A1) to hot food take away (A5) – Approved 20 September 2011

3.0 RELEVANT PLANNING POLICIES

3.1 The relevant policies are:

Core Strategy Policy CP1 – Sustainable Development Core Strategy Policy CP17 – Promoting high quality design Development Policies DP28 – Conservation Development Policies DP32 – General Design Conservation Area Appraisal Thirsk Supplementary Planning Document – adopted 21 December 2010 National Planning Policy Framework – published 24 July 2018

4.0 CONSULTATIONS

4.1 Parish Council – Recommend refusal as the property is within the Conservation Area and the signage should be constructed using traditional materials and design

4.2 Highway Authority – No objection

4.4 Public comments – One letter of objection has been received stating that the street is central to the Conservation Area and as such shops along Millgate have kept their signs within the traditional feel of the Conservation Area

Page 95 5.0 OBSERVATIONS

5.1 The main issues to consider are: (i) the impact of the proposed advertisement on the amenity, character and appearance of the Conservation Area; (ii) highway safety

Impact on Character and Appearance of the Conservation Area

5.2 Policy CP1 of the Core Strategy states development that would significantly harm the natural or built environment or that would generate an adverse traffic impact will not be permitted. Proposals would be supported if they promote and encourage sustainable development. In determining applications decisions should be, as set out in Section 38(6), taken in accordance with the development plan unless there are material considerations that indicate otherwise.

5.3 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires the Council to have special regard to the desirability of preserving or enhancing the character or appearance of the Thirsk Conservation Area.

5.4 On assessment of the application it is considered that it would lead to harm, but following the National Planning Practice Guidance that harm is “less then substantial” harm to heritage assets. That harm would be that the proposed signs do not respect the character of Thirsk Conservation Area and are unsightly and fail to respect the surrounding area in terms of its scale, materials and position.

5.5 Paragraph 193 of the NPPF states that where substantial harm would be caused to a heritage asset, or that asset would be lost, permission should be refused unless it can be demonstrated that substantial public benefits outweigh that harm or loss or if all of the following apply:

• The nature of the heritage asset prevents all reasonable uses of the site; and • No viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; and • Conservation by grant-funding or some form of charitable or public ownership is demonstrably not possible; and • The harm or loss is outweighed by the benefit of bringing the site back into use.

5.6 Policy DP28 states that development within or affecting the feature or its setting should seek to preserve or enhance all aspects that contribute to its character and appearance, in accordance with the national legislation that designates the feature.

5.7 Policy DP32 states that development proposals must seek to achieve creative, innovative and sustainable design that take into account local character and settings, and promote local identity and distinctiveness.

5.8 The Hambleton Market Towns Conservation Design Guide points out the type of advertisement which would be acceptable within the Market Town. As this site is located within the centre of Thirsk and within the primary shop frontage this guidance is appropriate to be applied.

5.9 The guidance states the type of materials which are appropriate in this location. It states that the use of timber or modern materials that are indistinguishable from it are the most appropriate. High gloss or reflective plastics should be avoided. The signs which have been erected have been constructed out of aluminium with a high gloss on the sign which is out of keeping with the character of the area. It is further out of place as a number of shops along the street of Millgate have signs which have been constructed out of timber which is more within keeping of the surrounding area. It is

Page 96 therefore considered that the proposed advertisement is out of keeping with the character of the area and is contrary to the design guide and Policy DP28 and DP32 of the adopted Local Plan.

5.10 Within the application they are also proposing to retain the hanging sign. Generally overhanging signs can be considered acceptable if they are traditionally painted. The sign proposed is not traditionally painted and is constructed out of aluminium and is not in keeping with the character of the area. The guidance also states that overhanging signs should be at the sign level as the facia sign, as signs above the facia level will lead to over proliferation of signs. The sign is proposed level with the first floor window and is therefore not located in an acceptable location. It is therefore considered that the proposed overhanging sign is out of keeping with the character of the area and is contrary to the design guide and Policy DP28 and DP32 of the adopted Local Plan

Highway Safety

5.11 In the consideration of advertisement applications, highway safety has to be considered to ensure that the signs do not cause a distraction to drivers. The Highways Authority have been consulted on the application and have raised no objection to the application. It is considered that the signs have no highway safety impacts.

6.0 RECOMMENDATION

That subject to any outstanding consultations permission is REFUSED for the following reasons:

1. The proposed advertisements are of a poor design, materials and siting such that they fail to preserve and enhance the character of Thirsk Conservation Area contrary to Policy DP28 and DP32 of the Development Management Policies DPD, and the Thirsk Conservation Area Appraisal, Hambleton Market Towns Conservation Design Guide and the requirements of the National Planning Policy Framework.

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