(Public Pack)Agenda Document for Planning Committee, 07/02/2019

Public Document Pack

AGENDA

Committee Administrator: Democratic Services Officer (01609 767015)

Wednesday, 30 January 2019

Dear Councillor

NOTICE OF MEETING

Meeting PLANNING COMMITTEE

Date Thursday, 7 February 2019

Time 1.30 pm

Venue Council Chamber, Civic Centre, Stone Cross, Northallerton

Yours sincerely

J. Ives.

Dr Justin Ives Chief Executive

To: Councillors Councillors P Bardon (Chairman) D B Elders J Noone (Vice-Chairman) Mrs B S Fortune R A Baker K G Hardisty M A Barningham B Phillips D M Blades C Rooke S P Dickins D A Webster

Other Members of the Council for information

PLEASE NOTE THAT THERE WILL BE NO MEMBER TRAINING AGENDA

Page No

1. MINUTES 1 - 6

To confirm the minutes of the meeting held on 10 January 2019 (P.21 - P.22), attached.

2. APOLOGIES FOR ABSENCE.

3. PLANNING APPLICATIONS 7 - 126

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, 10th January, 2019 in the Council Chamber, Civic Centre, Stone Cross, Northallerton, DL6 2UU

Present

Councillor P Bardon (in the Chair)

Councillor J Noone Councillor D B Elders R A Baker Mrs B S Fortune M A Barningham K G Hardisty D M Blades B Phillips S P Dickins D A Webster

Also in Attendance

Councillor A Wake

An apology for absence was received from Councillor C Rooke

P.21 MINUTES

THE DECISION:

That the minutes of the meeting of the Committee held on 13 December 2018 (P.19 - P.29), previously circulated, be signed as a correct record.

P.22 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 10 January 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) 18/00592/FUL - Residential development comprising 14 dwellings at The Allotment Gardens, Masham Road, Bedale for Arncliffe Homes Ltd

DEFER for site visit and further information about ransom strip and affordable housing.

(The applicant’s agent, Alastair Flatman, spoke in support of the application).

(2) 18/01575/FUL - Demolition of commercial offices and warehouse and construction of 2 no. dwellings and garages at Whitegates, Burneston for Mr and Mrs Garner

PERMISSION GRANTED as the scale of the development was appropriate to achieve the environmental benefits.

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

(Jonathan Saddington, spoke on behalf of the agent, in support of the application).

(3) 18/02364/OUT - Application for Outline Planning Permission with some matters reserved (considering access) for the construction of 5 dwellings at Land to east of Manor House Walk, Burneston for Arthur Barker

PERMISSION GRANTED subject to an amended condition to reduce time for commencement.

Disclosure of Interest

Councillor M A Barningham disclosed a non-pecuniary interest and left the meeting prior to discussion and voting on this item.

(4) 18/02165/FUL - Revised application for the demolition of existing dwelling and construction of a replacement dwelling at Ashwood, Danby Wiske for Mr and Mrs Aldridge

PERMISSION REFUSED as the design was unacceptable and failed to respect local character and matters of flood risk had not been fully addressed.

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

(The applicant’s agent, Andrew Cunningham, spoke in support of the application).

Page 2 PLANNING COMMITTEE 10 January 2019

(Geoff Solomon spoke on behalf of Danby Wiske Parish Council objecting to the application.)

(Ian Pattinson spoke objecting to the application.)

(5) 18/00012/TPO2 - Hambleton District Council (Great and Little Broughton Parish Council) Tree Preservation Order 2018 No 12 at OS Field 9348, Back Lane, Great Broughton for Mr and Mrs Cooper

That TPO 2018 No12 be CONFIRMED

(6) 18/02379/FUL - Construction of a detached dwelling and detached domestic garage/carriage house and log store at Elm House, Hackforth for Mrs G McKinlay

PERMISSION GRANTED

(7) 18/01603/REM KIRKBY - Application for approval of all Reserved Matters (to consider access, appearance, landscaping, layout and scale) following outline planning permission ref: 15/01543/OUT (Construction of a dwellinghouse) at Land to the south west of Prospect House, Great Fencote for Mr Tim Brierley

DEFER for matters of design and neighbour amenity to be addressed.

(Alison Booth spoke on behalf of Fleetham with Fencote Parish Council objecting to the application.)

(Gary Jones spoke objecting to the application.)

Note: The meeting adjourned at 3.20pm and reconvened at 3.30pm.

(8) 18/01179/FUL - Demolition of bungalow and construction of three detached dwellings and garages, alterations to existing access and provision of additional vehicle access at Marden, Newby Wiske for Mr and Mrs J Burgess

PERMISSION GRANTED subject to an additional condition to control finished levels and provision of advice about bats and their roosts.

(9) 18/02119/OUT - Outline application with some matters reserved (access) for the construction of 4no. dwellings at Green Acres, The Green, Raskelf for Mrs S Hodgson

PERMISSION GRANTED

(The applicant’s agent, Jonathan Saddington, spoke in support of the application).

(10) 18/02290/FUL - Retrospective application for the subdivision of existing dwelling to form two dwellings at Hunter Hill Farm Lodge, Tanton Road, Seamer for Mr Mark Simpson

PERMISSION GRANTED

(The applicant’s agent, Jonathan Saddington, spoke in support of the application).

Page 3 PLANNING COMMITTEE 10 January 2019

(11) 18/02052/FUL - Change of use of grazing land to paddocks, school yard, post and rail fencing, construction of stable and storage building with 14no roof lights and associated access road and parking for recreational use at Skutterskelfe House, Skutterskelfe for Mrs J Powell

PERMISSION GRANTED subject to conditions relating to stable waste and the use of the development. The Committee considered the development caused no harm to heritage assets and complied with local plan policies.

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

(The applicant’s agent, Ian McGregor, spoke in support of the application).

(Peter Broome spoke objecting to the application.)

(12) 18/00856/FUL - Retrospective application for conversion of outbuilding to form two dwellinghouses and provision of five parking spaces and associated turning area at Framfield House, Main Street, Shipton by Beningbrough for Mrs M Johnson

PERMISSION GRANTED

(The applicant’s agent, Stephen Sadler, spoke in support of the application).

(13) 18/01757/FUL - Change of use of office to a dwelling for North Star Housing Association at 11 Westgate, Thirsk

PERMISSION REFUSED because the scheme failed to achieve the nationally prescribed space standards.

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

(The applicant, Chris Harris, spoke in support of the application.)

Disclosure of Interest

Councillor P Bardon disclosed a personal non-pecuniary interest and left the meeting prior to discussion and voting on this item.

Councillor J Noone in the Chair.

(14) 18/01133/OUT - Outline planning submission for detached dormer style dwelling on land adjacent Lyndale at Land Adjacent Lyndale, Welbury, North Yorkshire. DL6 2SG for Mr and Mrs L Race

PERMISSION GRANTED because Members considered the scheme met the requirements of the Interim Policy Guidance and local plan policies.

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

(The applicant’s agent, Jonathan Saddington, spoke in support of the application).

Councillor P Bardon in the Chair.

Page 4 PLANNING COMMITTEE 10 January 2019

(15) 18/02362/OUT - Application for outline planning permission with some matters reserved (access) for the construction of a dwelling and relocation of Post Office at Garden Cottage, West Rounton for Mr R Semain

PERMISSION GRANTED

(The applicant’s agent, Jonathan Saddington, spoke in support of the application).

The meeting closed at 5.45 pm

______Chairman of the Committee

Page 5 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 7 February 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 7 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 insufficiently 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 8 PLANNING COMMITTEE Thursday 7th February 2019

Item No Application Ref/ Proposal/Site Description Officer/Parish 18/02545/MRC Variation of conditions 8 & 11 attached to planning permission 1 Mrs H Laws 17/02422/OUT (Outline application for the construction of three Aiskew dwellings with access from Bedale Road) to alter position of access

Page no. 11 For: Mr G E Harrison At: Land adjacent to Peacehaven, 93 Bedale Road, Aiskew

RECOMMENDATION: GRANT 18/02584/FUL Change of use of former agricultural land to facilitate extension 2 Miss A O’Driscoll to warehouse, with associated HGV parking, landscaping and Aiskew formation of infiltration pit

Page no. 17 For: Mr Andrew Cawthray - Cawingredients Limited At: North of Cawingredients, Conygarth Way, Leeming Bar Business Park, Aiskew

RECOMMENDATION: GRANT 18/01596/REM Application for approval of reserved matters (to consider 3 Mrs C Strudwick appearance, landscaping, layout and scale) following outline Alne approval ref: 17/01532/OUT for Outline application with all matters except access reserved for 2 dwellings with garages and Page no. 23 associated infrastructure

For: Mr & Mrs M & S Hutchinson & Harrison At: Land to rear of Village Farm, Alne

RECOMMENDATION: GRANT 18/01354/FUL Construction of dwelling and detached garage 4 Mrs C Strudwick Alne For: Mr & Mrs P. Tomlinson At: The Croft, Main Street, Alne Page no. 33 RECOMMENDATION: GRANT 18/02161/OUT Outline Planning Application with some matters reserved 5 Miss A O’Driscoll (considering access & layout) for a small development of 2 Appleton Wiske detached dwellings

For: Addis Charles Page no. 45 At: Ingram Grange Farm

RECOMMENDATION: GRANT 18/00016/FUL Construction of 2no dwellinghouses 6 Mrs H Laws Bedale For: Penny Home Specialists Ltd At: Bancroft, 9 Firby Road, Bedale Page no. 55 RECOMMENDATION: REFUSE 18/00597/FUL Construction of a one bedroom bungalow 7 Miss R Hindmarch Easingwold For: Mr & Mrs Thornton At: 32 Crabmill Lane, Easingwold Page no. 61 RECOMMENDATION:Page 9 REFUSE Item No Application Ref/ Proposal/Site Description Officer/Parish 18/02120/OUT Outline application with some matters reserved (access, 8 Mrs H Laws landscaping & layout included) for the construction of 5 Exelby, Leeming and dwellings, domestic garages and the formation of a separate Londonderry access and car park for the adjacent public house

Page no. 67 For: Mr George Howie At: Land adjacent Green Dragon Inn, Exelby

RECOMMENDATION: GRANT 18/01695/HYB Hybrid Planning Application - 9 Mrs H Laws (1)-Full planning application for the construction of a visitor Kirklington cum centre building, pavilion, formation of associated car Upsland park and provision of new access (2)-Retention of the roadside building (former Page no.79 farmhouse/outbuilding range) for ancillary office and meeting purposes (3)-Outline planning application for the construction of a replacement workers dwelling

For: Heck Food Ltd At: Heck Food Limited, Lime Lane, Kirklington

RECOMMENDATION: GRANT 18/02589/FUL Construction of an extension to existing food production facility 10 Mrs H Laws Kirklington cum For: Heck Food Ltd Upsland At: Heck Food Limited, Lime Lane, Kirklington

Page no.91 RECOMMENDATION: GRANT 18/02646/REM Reserved matters application for the 7 dwellings 11 Mrs Tracy Price Romanby For: Park Quadrant Homes At: D Oakley Limited, 68 Romanby Road, Northallerton Page no. 99 RECOMMENDATION: GRANT 18/02371/OUT Demolition of Shipton Methodist Church and Hawthorn Cottage 12 Miss C Cornforth and the construction of two dwellings with associated Shipton infrastructure (access and layout to be considered)

Page no. 109 For: The Methodist Church York Circuit At: Methodist Church, Main Street, Shipton by Beningbrough

RECOMMENDATION: GRANT 18/02433/FUL Demolition of existing stable block, feed store and tack room to 13 Miss A O’Driscoll be replaced with the construction of new house, detached West Rounton double garage, outbuilding and car parking

Page no. 121 For: Mrs Caroline Mann At: Bank Top West Rounton

RECOMMENDATION: GRANT

Page 10 Parish: Aiskew Committee date: 7 February 2019 Ward: Bedale Officer dealing: Mrs H Laws 1 Target date: 15 February 2019

18/02545/MRC

Variation of conditions 8 & 11 attached to planning permission 17/02422/OUT (Outline application for the construction of three dwellings with access from Bedale Road) to alter position of access At: Land adjacent to Peace Haven, 93 Bedale Road, Aiskew For: Mr G E Harrison

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 site, which forms part of a paddock, lies on the northern side of Bedale Road, to the west of the A1(M) and parallel A6055 road, which are positioned on road bridges set at a higher level than Bedale Road and the application site. A section of the paddock is excluded from the application site boundary and this separates the application site from the roads above.

1.2 The site lies almost midway between the villages of Aiskew to the south west and Leeming Bar to the north east and is outside the Development Limits of both settlements. It lies immediately adjacent to the dwelling at 93 Bedale Road (also known as Peace Haven), which is a single storey bungalow.

1.3 Planning permission was granted in January 2018 for the construction of three dwellings on the site. The application was an outline application with all matters reserved except for access. The site for the three dwellings covers an area of approximately 0.25 hectares and is bordered to the south east by a timber post and rail fence that fronts onto Bedale Road. The site is set higher than the adjacent road and the highway verge slopes down steeply from the fence.

1.4 The approved scheme includes an access, which would be taken from Bedale Road. Access to the existing bungalow lies to the south west of the property and the driveway leads to the rear of the dwelling. The approved scheme is to use the same access to serve the application site with a new access track running behind number 93, parallel to the Wensleydale Railway. The current application is for an amended access position and to separate it from the existing bungalow. The proposal would be to provide the access towards the north eastern end of the site frontage with a shared driveway following the northern boundary of the site and extending around the site to the rear to serve each of the properties.

1.5 The remaining matters of appearance, landscaping, layout and scale would be for a later application.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 17/00318/OUT – Outline application with some matters reserved for the construction of five dwellings (with access considered); Withdrawn 31 March 2017. This covered a larger site area than the current application.

2.2 17/01737/OUT - Outline application with some matters reserved for the construction of three new dwellings; Refused 2 October 2017 for the following reasons:

Page 11 1. The proposal represents development in a rural location outside of the Development Limits of designated 'Sustainable Settlements' without a clear and justified exceptional case for development contrary to Policies CP1, CP2, CP4 and DP9 of the adopted Hambleton Local Development Framework, which (amongst other things) seek 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 not in accordance with the requirements of the Council's Interim Policy Guidance Note - Development in Villages.

2. The proposed development is contrary to Policies CP16 and DP30 of the adopted Hambleton Local Development Framework, which requires development to preserve and enhance the District's natural assets and to respect the openness of the countryside. Due to the scale and location of the development would fail to respect the character and appearance of this rural countryside setting, would lead to the coalescence of settlements and would therefore have a detrimental effect on the immediate environment.

2.3 17/02422/OUT – Outline application for the construction of three dwellings with access from Bedale Road (all other matters reserved); Granted 17 January 2018.

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 DP30 - Protecting the character and appearance of the Countryside Development Policies DP13 - Housing Mix Development Policies DP32 - General design Development Policies DP43 - Flooding and floodplains Interim Guidance Note - adopted by Council on 7th April 2015 Supplementary Planning Document - Size, type and tenure of new homes - adopted September 2015 National Planning Policy Framework - published 27 March 2012

4.0 CONSULTATIONS

4.1 Parish Council – No comments received.

4.2 Highway Authority – No objection subject to conditions.

4.3 Public comments - None received.

5.0 OBSERVATIONS

5.1 The main issues to consider are: (i) the effect of the proposed alterations on the character and appearance of the wider countryside; (ii) residential amenity; and (iii) highway safety.

Page 12 5.2 The principle of the residential use has been established with the grant of permission in November last year. Although the granting of permission for this application would result in a new planning permission for the construction of the dwellings, it is only the changes to the scheme that will be discussed in this report.

The effect of the alterations on the character of the countryside

5.3 The proposed access would remain wholly within the application site boundary and would not extend further into the adjacent undeveloped land. It is not considered that the altered position of the access and driveway would detract from the open character and appearance of the countryside.

Residential amenity

5.4 The access would lie immediately adjacent to one of the proposed dwelling plots but it is not considered that its use by three households would create noise and disturbance that would have an adverse impact on residential amenity.

Highway safety

5.5 The Highway Authority has no objection to the use of the proposed alternative access to serve the additional dwellings subject to conditions.

6.0 RECOMMENDATION

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

1. Applications for the approval of all of the reserved matters shall be made to the Local Planning Authority not later than three years from 17 January 2018 (before 17 January 2021) and all of the development hereby approved shall be begun on or before whichever is the later of the following dates: i) Three years from 17 January 2018 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, scale and appearance of each building, including a schedule of external materials to be used; (b) the landscaping of the site.

3. No above ground construction work shall be undertaken until details of the materials to be used in the construction of the external surfaces of the development have been submitted in writing to the Local Planning Authority for approval and samples 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. 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.

Page 13 approval of the landscaping scheme, unless those elements of the approved scheme situate 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.

6. 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.

These details are required prior to construction or regrading because they could otherwise be compromised and in order to minimise the risk of abortive work being undertaken.

7. No development shall take place until a scheme for protecting the proposed dwellings from noise from the nearby road network and the railway line, has been submitted and approved by the Local Planning Authority. All works which form part of the scheme shall be completed before any of the proposed dwellings are occupied.

8. 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.

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 buildings 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). vehicular and pedestrian accesses; b). vehicular turning arrangements; c). manoeuvring arrangements. 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 details. Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

10. 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.

11. 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

Page 14 have been submitted to and approved in writing by the Local Planning Authority for the provision of: a). on-site parking capable of accommodating all staff and sub- contractors vehicles clear of the public highway; b). on-site materials storage area capable of accommodating all materials required for the operation of the site. The approved areas shall be kept available for their intended use at all times that construction works are in operation.

12. Prior to the occupation of any of the dwellings hereby approved, the footway illustrated on drawing no. 13825/01A shall be formed linking the units to the A684.

13. The permission hereby granted shall not be undertaken other than in complete accordance with the location plan; and Indicative Site Layout (access) received by Hambleton District Council on 27 November 2018 and drawing no. 13825/01A received on 22 January 2019 unless otherwise approved in writing by the Local Planning Authority.

The reasons are:

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

2. To enable the Local Planning Authority to properly assess these aspects of the proposal, which are considered to be of particular importance, before the development is commenced.

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. 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.

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

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

7. To protect the amenity of occupiers of the new dwellings in accordance with LDF Policies CP1 and DP1.

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

9. To ensure appropriate on-site facilities in the interests of highway safety and the general amenity of the development in accordance with LDF Policies CP2 and DP4.

10. 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.

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 in accordance with LDF Policies CP2 and DP4.

12. In order that an appropriate level of access is achieved for the proposed development and to accord with the requirements of Policy DP3 of the Local Development Framework.

Page 15 13. 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. 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.

2. The proposals required by condition 9 shall cater for all types of vehicles that will use the site. The parking standards are set out in the North Yorkshire County Council publication ‘Transport Issues and Development - A Guide’ available at www.northyorks.gov.uk.

Page 16 Parish: Aiskew Committee date: 7 February 2019 Ward: Bedale Officer dealing: Aisling O’Driscoll 2 Target date: 4 March 2019

18/02584/FUL

Change of use of former agricultural land to facilitate extension to warehouse, with associated HGV parking, landscaping and formation of infiltration pit. at Land North Of Cawingredients Conygarth Way Leeming Bar Business Park Leeming Bar for Mr Andrew Cawthray - Cawingredients Limited.

This application is referred to Planning Committee as the application is a major application part of which falls outside development limits.

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The application site is located to the north end of the Leeming Bar industrial estate, to the east of the A1 motorway and south of the A684 and the motorway service stop at Junction 51. Currently the application site is vacant.

1.2 The majority of the site is within the defined development limits. However, the most northern part, encompassing the HGV parking, access and infiltration pit, is outside development limits.

1.3 The application is for an extension to the existing warehouse and distribution facility. Just under 9,000 sqm of use class B8 (storage and distribution) accommodation is proposed along with ancillary office and welfare space. To the north of the application site a new access road, turning points and HGV parking are proposed. Landscaping is to be provided to the north, east and south of the proposed building. The building is to be accessed via Conygarth Way passing to the west of the existing warehouse.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 07/02106/FUL - Construction of a factory, stores, offices, associated car parking and formation of a new vehicular access

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 CP11 - Distribution of new employment development Core Strategy Policy CP12 - Priorities for employment development Core Strategy Policy CP17 - Promoting high quality design Core Strategy Policy CP18 - Prudent use of natural resources Core Strategy Policy CP21 - Safe response to natural and other forces Development Policies DP1 - Protecting amenity Development Policies DP2 - Securing developer contributions Development Policies DP3 - Site accessibility Development Policies DP4 - Access for all Development Policies DP6 - Utilities and infrastructure Development Policies DP16 - Specific measures to assist the economy and employment Development Policies DP29 – Archaeology Development Policies DP30 - Protecting the character and appearance of the countryside

Page 17 Development Policies DP32 - General design Development Policies DP33 – Landscaping Development Policies DP34 - Sustainable energy Development Policies DP36 – Waste National Planning Practice Guidance National Planning Policy Framework

4.0 CONSULTATIONS

4.1 Parish Council – No response at time of writing

4.2 Highways Authority – No objection subject to conditions

4.3 Highways Agency – No objection

4.4 Yorkshire Water – Recommends conditions

4.5 Economic Development – Supports the application

4.6 SABIC – Indicates that approval is required for work within 50 metres of the Major Accident Hazard Pipeline.

4.7 Ministry of Defence – No objection

4.8 Environmental Health Officer – No Objection

4.9 Environment Agency – No response at time of writing

5.0 OBSERVATIONS

5.1 The main issues to consider in this application are; (i) the principle of development in this location; (ii) design; (iii) the impact on landscape character; (iv) highways impact; (v) economic impacts and; (vi) amenity of neighbours

Principle of development

5.2 The site is mainly within Development Limits where DP8 states that permission for development will be granted within the settlement Development Limits as defined on the Proposals Map, provided that it is consistent with other LDF policies.

5.3 The site lies in part outside the Development Limits of any settlement and therefore an exceptional case must be made for development in this location. LDF Policy CP4 states that development outside of Development Limits will not be supported unless an exception can be demonstrated.

5.4 Paragraph 83 of the National Planning Policy Framework (NPPF) encourages support for a prosperous rural economy requiring planning policies to take a positive approach to sustainable new development. It also requires planning policies to support the sustainable growth and expansion of all types of business and enterprise in rural areas and to promote the development and diversification of agricultural and other land based rural business.

5.5 The Council has strategic objectives (adopted within the Core Strategy) based on the principles of sustainability. Strategic objective number 1 is to ensure that all development is sustainable, in the interests of existing and future population, and number 2 is to reduce the need for travel. These are key to the policy framework.

5.6 The Strategic Spatial Policy, adopted to meet the needs of local development sustainably, includes Policy CP1, which underpins the whole Plan. It includes as its main aims, together

Page 18 with community's housing economic and social requirements and protection of the environment, the minimisation of energy consumption and the need to travel.

5.7 Policy CP2 is very specific that development should be located to minimise the need to travel, and convenient access should be available to sustainable means of transport.

5.8 Local Policy CP11 states that most employment development “will be encouraged to locate within the development limits of the Service Centres of the District. As exceptions to this principle, in the Bedale area most development will be encouraged to locate in Leeming Bar rather than the Bedale Service Centre”.

5.9 The majority of the site is located within Leeming Bar development limits. It is therefore considered that the principle of development in this area is acceptable.

5.10 The applicant has sited the proposed building entirely within the development limits. The remaining land outside of the development limit is required to provide HGV parking and access roads. It is considered that the use of this small area of land outside of the development limit can be justified under policy CP4 which states that development outside of development limits “will only be supported when an exceptional case can be made for the proposals in terms of Policies CP1 and CP2, and where: 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”.

5.11 In addition to this the NPPF (published July 2018) states that “planning policies and decisions should recognise and address the specific locational requirements of different sectors. This includes making provision for clusters or networks of knowledge and data- driven, creative or high technology industries; and for storage and distribution operations at a variety of scales and in suitably accessible locations”. Policy for Leeming Bar Industrial Estate has emphasised the development of the “food cluster”. The extension of this soft drinks business assists in concentrating the commercial development on this sector.

Design

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 design of the building reflects that of previous developments by the applicant which visually tie the proposed development to the existing structures in the near vicinity. The proposed design is considered to be of good quality and is considered to be satisfactory in the context of other, large industrial buildings.

Impact on the landscape

5.15 Policy DP30 (Protecting the character and appearance of the countryside) of the Development Policies DPD states that "the openness, intrinsic character and quality of the District's landscape will be respected and where possible enhanced…Throughout the District, the design and location of new development should take account of landscape character and its surroundings, and not have a detrimental effect on the immediate environment and on any important long distance views. The design of buildings, and the acceptability of development, will need to take full account of the nature and distinctive

Page 19 qualities of the local landscape… Where possible opportunities should be taken to add appropriate character and distinctiveness through the contribution of new landscape features…"

5.16 In support of the application a Landscape & Visual Appraisal has been submitted. A range of views were considered as part of the appraisal including close and long range views. Long range views included those form nearby settlements such as Langthorne and Crakehall. The report goes into detail about the range of impacts and the relationship of the site to the local context of the industrial estate and the wider context of the surrounding countryside.

5.17 The report submitted indicates that the main views of the proposal will be from infrastructure locations for example to the immediate north west of the site along the A1 and newly upgraded junction 51. In such situations users are often travelling at speed. Given the location and surrounding character of the Leeming Bar industrial estate this type of development is typically expected within the landscape and will be seen in the context of the wider industrial development of Leeming Bar.

5.18 With regard to the HGV parking near to the northern boundary, edge of site screening will be provided which will, over time, screen views of parked HGVs within the site.

5.19 The proposal requires the removal of a number of trees and existing landscaping. Alternative landscaping has been proposed around the proposed building and application site. The existing trees are not protected by a tree preservation order nor is the site within a conservation area and it is considered that the proposals are acceptable.

5.20 The proposed building will be visible in the landscape. However, it is considered that it will be viewed against the backdrop of the existing industrial estate and that the impact on the landscape character will not be significant. It is considered that the proposal complies with Policy DP30 which states that “the design and location of new development should take account of landscape character and its surroundings, and not have a detrimental effect on the immediate environment and on any important long distance views”.

Highways Impact

5.21 Both the Highways Agency and the local Highways Authority were consulted. The Highways Agency has no objections to the application. Similarly the Highways Authority has no objections subject to conditions relating to retention of parking spaces, onsite parking and storage during construction, and an updated Travel Plan. All of the proposed conditions are considered reasonable and it is recommended that they are included in the decision.

Economic Impact

5.22 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.

5.23 The community’s economic requirements are an important planning consideration and Polies CP1 and DP16 commit the Council to taking them into account when considering development proposals. The proposal itself would have positive employment impact as it would generate 45 jobs directly and assist in the growth of the business of Caw Ingredients. Caw Ingredients is a well-established business at Leeming Bar and the proposed development will allow for the sustainable expansion of the business on this site.

Amenity of neighbours

Page 20 5.24 LDF Policy DP1 (Protecting Amenity) stipulates that all development proposals must adequately protect amenity, particularly with regard to privacy, security, noise and disturbance, pollution (including light pollution), odours and daylight.

5.25 The nearest residential neighbours are on the west side of the A1(M) and whilst the building would be readily visible in the landscape, neither the building or use would have a significant or direct impact upon the amenity of neighbours in terms of either visual impact or noise.

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 drawings numbered 8145 P(0)03_C, 8145 P(0)05, 8145 P(0)07, and 8145 P(0)08; received by Hambleton District Council on 03.12.2019; drawing numbered 8145 (400) 01A received by Hambleton District Council on 10.12.2018 and drawing numbered 8145 P(0)09 received by Hambleton District Council on 22.01.2019 unless otherwise approved in writing by the Local Planning Authority.

4. Notwithstanding the provision of any Town and Country Planning General Permitted or Special Development Order for the time being in force, the areas shown on Drawing Number P (0) 09 for parking spaces, turning areas and access shall be kept available for their intended purposes at all times.

5. 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. on-site parking capable of accommodating all staff and sub-contractors vehicles clear of the public highway. b. on-site materials storage area capable of accommodating all 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.

6. 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 in consultation with the Highway Authority. This shall include:

a. the appointment of a travel co-ordinator b. a partnership approach to influence travel behaviour c. measures to encourage the use of alternative modes of transport other than the private car by persons associated with the sited. provision of up-to-date details of public transport services

Page 21 e. continual appraisal of travel patterns and measures provided through the travel plan f. improved safety for vulnerable road users g. a reduction in all vehicle trips and mileage h. a programme for the implementation of such measures and any proposed physical works i. procedures for monitoring the uptake of such modes of transport and for providing evidence of compliance

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

7. The development, hereby approved, shall be constructed in full accordance with the Flood Risk Assessment and drawing number 18369-C-50 received by Hambleton District Council on 03.12.2018.

The reasons for the above conditions 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. For the avoidance of doubt and in the interest of proper planning.

3. In the interest of visual amenity

4. To ensure these areas are kept available for their intended use in the interests of highway safety and the general amenity of the development.

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

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

7. To ensure adequate drainage is provided.

Page 22 Parish: Alne Committee date: 7 February 2019 Ward: Easingwold Officer dealing: Mrs Caroline Strudwick 3 Target date: 15 February 2019

18/01596/REM

Application for approval of reserved matters (to consider appearance, landscaping, layout and scale) following outline approval ref: 17/01532/OUT for Outline application with all matters except access reserved for 2 dwellings with garages and associated infrastructure At land to rear of Village Farm, Back Lane, Alne For Mr & Mrs M & S Hutchinson & Harrison

This application is referred to Planning Committee at the request of two Members of the Council.

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The application site is a rectangular, 0.12 hectare parcel of land located towards the north western corner of the village of Alne, within the Alne Conservation Area. The land is positioned between Jack Hole to the south, this is the western end of Main Street, and to the north Back Lane. Between the application site and Jack Hole is a development that converted and replaced agricultural buildings. To the north of the site is Back Lane and beyond a hedge a grass paddock. The site was last occupied by agricultural buildings which have been demolished, and partly removed.

1.2 Immediately to the south of the application site is the redeveloped farmyard of Village Farm consisting of three dwellings, two within converted barns and one within a reconstructed ‘barn’ style building along with a refurbished barn used for garaging and domestic stores. This application was approved under planning permission ref 15/00153/FUL.

1.3 In this area of Alne development is predominantly linear, with dwellings fronting onto Jack Hole and Main Street, with long rear curtilages extending to Back Lane. There has been some residential development to the south of Back Lane through conversion of buildings and new buildings but none are recent.

1.4 Outline planning permission was granted in September 2017 for two 2 storey detached dwellings, with garages and access off Back Lane. This application seeks permission for the remaining outstanding matters of appearance, landscaping, layout and scale.

1.5 The scheme has been designed so that the two dwellings appear as converted agricultural buildings to complement the recent development to the south and the agricultural nature of the site and wider setting of the Back Lane within the Conservation Area.

1.6 The application was originally submitted where the dwelling to the west side, named Byre House, was a large rectangular building, designed to have the appearance of a former two storey barn with hay loft above. The property originally had a large number of window openings on the frontage. In order to address concerns in terms of scale of the property, the frontage width has been reduced with a portion of the dwelling reduced to single storey and the rear cross wing elevation has been set in from the western side to reduce the side elevational massing. The number of window openings on the front, north elevation, has been reduced.

Y:\Committee Services\Planning\Reports\2019\070219\18-01596-REM Land To Rear Of Village Farm Alne (TW final ) - LT DONE.doc Page 23 1.7 The dwelling on the eastern side of the site, named The Cart Shed comprises of a main two storey element, with a storey and half front cross wing extension to the front to accommodate a garage to the ground floor and bedroom with en-suite to the first floor. The rear of the dwelling has a family area which has been designed to have the appearance of a gin-gang. The dwelling has agricultural style openings with timber panels and lintels.

1.8 During the course of the application both dwellings have been moved closer to the front boundary. The detached garage of Byre House has been moved from the originally proposed middle point of the site, at the rear, into the south western corner of the site. The layout is to allow sufficient turning space at the rear of Byre House so vehicles can enter and leave the rear of the site, between the two dwellings in forward gear.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 14/01513/FUL - Residential development (including the conversion and replacement of existing agricultural buildings) to form a total of ten dwellings including units proposed to be affordable dwellings; Withdrawn 20 January 2015.

Note: the Ministerial Statement of 28 November 2015 that increased the threshold for the provision of affordable housing from that set out in the LDF policy from two to ten units was significant in the case and lead to the withdrawal of the application.

2.2 15/00153/FUL - Conversion and replacement of existing buildings and demolition of two barns to form four dwellings; Granted April 2015.

2.3 17/01532/OUT - Outline application with all matters except access reserved for two dwellings with garages and associated infrastructure; Granted 26 September 2017.

3.0 RELEVANT PLANNING POLICIES

3.1 The relevant policies are:

Core Strategy Policy CP1 - Sustainable development Development Policies DP1 - Protecting amenity Core Strategy Policy CP2 - Access Core Strategy Policy CP4 - Settlement hierarchy Development Policies DP9 - Development outside Development Limits Core Strategy Policy CP15 - Rural Regeneration Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Core Strategy Policy CP18 - Prudent use of natural resources Development Policies DP3 - Site accessibility Development Policies DP4 - Access for all Development Policies DP8 - Development Limits Development Policies DP10 - Form and character of settlements Development Policies DP28 - Conservation Development Policies DP30 - Protecting the character and appearance of the countryside Development Policies DP32 - General design Interim Guidance Note - adopted by Council on 7th April 2015 National Planning Policy Framework (NPPF)

4.0 CONSULTATIONS

4.1 Parish Council – opposed to the building of these houses on what was agreed as a “green paddock” in the original development application. Y:\Committee Services\Planning\Reports\2019\070219\18-01596-REM Land To Rear Of Village Farm Alne (TW final ) - LT DONE.doc Page 24 4.2 Highway Authority – Recommends conditions, relating to access construction, parking and site management.

4.3 Yorkshire Water – No comments.

4.4 Public comments – two comments have been received, these are both in response to the first round of consultation on the original proposals. No further consultation responses have been received in response to the amended plans. These comments object to the scheme for the following reasons:

1) The development is outside the Development Area of Alne; 2) No through pedestrian access to Jack Hole and the local primary school and other services and facilities; 3) Additional traffic to the narrow back lane, which is much used by pedestrians and horses; 4) The houses are to be built on what was supposed to be a green paddock as per planning conditions of the village farm re-development 15/00153/FUL - the green paddock was never created; 5) The proposed dwellings are too large. The village needs affordable housing, not more expensive large houses; 6) Planning should aim to implement the latest NPPF, which concentrates very much on climate change mitigation, planting schemes for shade, well designed houses to avoid overheating in summer. The proposed houses and surrounds do not appear to have any such climate change mitigation measures; 7) The height, scale and positioning of the proposed Granary House garage will have a negative impact on the conditions in which the neighbouring property, The Stables, Village Farm, occupants live, work and take leisure; and 8) Concerns with the positioning, number and nature of the windows which will be facing onto The Stables, Village Farm from Granary House.

5.0 OBSERVATIONS

5.1 The principle of development has been established through the granting of outline permission. As such, concerns that are raised by the Alne Parish Council and the first 4 items in the representations from neighbours cannot be addressed by this reserved matters submission. The main issues to consider are: the overall design, appearance, siting and landscaping of the proposal, including impact on the Alne Conservation Area and impacts on the neighbouring amenity.

5.2 As the site is within the Alne Conservation Area there is a requirement under Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 “that in exercising an Authority's planning function special attention shall be paid to the desirability of preserving or enhancing the character or appearance of Conservation Areas”. The National Planning Policy Framework from paragraphs 189 to 194 requires an assessment of the potential harm a proposed development would have upon the significance of a designated heritage asset.

5.3 Paragraph 196 of the NPPF 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 securing its optimum viable use.

5.4 The designated heritage asset which will be affected by this proposal is the Alne Conservation Area. A conservation area is an area which has been designated because of its special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance.

Y:\Committee Services\Planning\Reports\2019\070219\18-01596-REM Land To Rear Of Village Farm Alne (TW final ) - LT DONE.doc Page 25 5.5 There are no listed buildings or non-designated historic assets which will be affected by this proposal.

5.6 The original Alne Conservation Area report, dated 1985, does not provide an overview of the character of the Conservation Area. The report suggests that the character of the village is one of a historic core along grassed verged Main Street, with the subservient secondary Back Lane to the north and Monk Green to the south. The dwellings along the northern side of Main Street are typically large detached dwellings, with long rear gardens which extend to the Back Lane.

5.7 Back Lane is a single carriage way which extends from the junction with Mitchell Lane, continuing west to West Field Farm where it ends with no through road. The northern side of Back Lane, which is where the boundary of the Conservation Area runs, is characterised by its grassed verge and mature trees and hedge field boundaries.

5.8 The application site is a former farm yard which was part of the larger Village Farm agricultural unit; the brick agricultural buildings to the south which have recently been development into three dwellings which clearly give the impression of a converted farm stead. The application site was a continuation of this agricultural unit with open sided barns and storage area, it was not typical of the character of other parts of Back Lane which demonstrates the toft and croft pattern of a medieval village.

5.9 The application site area had within the last 3 years timber pole barns and multiple fuel tanks. The majority of evidence of these has now been removed, and the site is best described as vacant part hard-surfaced scrub land. The appearance of the site does not give the impression of an agricultural field or a pleasant green open space within the Conservation Area, but one of abandonment as self-seeded weeds and shrubs take back the site, through the patchy hard surfaced yard.

5.10 Historic Ordnance Survey mapping shows that there has been substantial farm and agricultural buildings on Village Farm since the first published mapping in 1856. This farm stead kept largely the same form until the 1952 map shows that the buildings had been extended into the application site, there has been further expansion in the 1970’s.

5.11 The NPPF at paragraph 190 requires the Local Planning Authority to identify and assess the particular significance of any heritage asset that may be affected by a proposal.

5.12 The significance of the heritage asset lies in its special architectural or historic interest. The aim of the Conservation Area at Alne, at the time of designation, as set out in the original Alne Conservation Area report, dated 1985, was to and remains to protect the features such as the trees, open spaces, buildings and building patterns which give the area its special attraction. Officers consider that the significance of this area of the Conservation Area in 2019 lies in the historic layout of the village, the use of traditional high quality materials and legibility of how past occupants used and interacted with buildings and open spaces. Despite the abandoned appearance of the site it is well documented that the site has an agricultural use close to the heart of the village. In order to preserve and maintain this significance of the Conservation Area the agricultural appearance needs to be maintained whilst ensuring that the site is put to its optimum viable use.

5.13 The significance of the heritage asset affected by the proposal is the domestic development of a former farmyard, a space which is currently read as disused agricultural land and whilst it does indicate the former use of the site, visually it makes little positive contribution to the character of the Conservation Area due to its abandoned scrub-land appearance. Y:\Committee Services\Planning\Reports\2019\070219\18-01596-REM Land To Rear Of Village Farm Alne (TW final ) - LT DONE.doc Page 26 5.14 The development will, as anticipated by the grant of outline planning permission in 2017, reuse a currently vacant site and change the immediate view of the Conservation Area in this location, but it is considered that the proposal will cause less than significant harm as it will not result in an erosion of the character or create a significant harmful impact on the place or its setting. The scheme has potential to reinforce the character of the area through locally distinctive architecture and improving the appearance of the site by changing back to a managed form, from its current disused state.

5.15 The original scheme proposed what was considered by officers to be an over development of the site. It was considered that the western unit (The Byre) was overly large in terms of width which resulted in a large, block-like appearance which over-whelmed the site. It was also considered that the dwellings were pushed back too far into the plot. Amendments have been made to draw the buildings closer to the Back Lane. Note is made that the other buildings on Back Lane are butted up to the highway edge and as such that character should be continued, but slavishly followed, in order to preserve and protect the special character and setting of the Alne Conservation Area is adequately protected, therefore protecting its significance as much as possible and resulting in less than substantial harm to the heritage asset.

5.16 At NPPF paragraph 191 consideration is given to deliberate acts of neglect or damage. It is considered that there has not been a deliberate neglect of, or damage to, the heritage asset in the form of deliberate neglect of, or damage to the site. The unkempt condition of the site is a result of the clearing of the land pending redevelopment.

5.17 The NPPF at paragraph 192 states that LPAs should take account of:

a) the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation.

b) the positive contribution that conservation heritage assets can make to sustainable communities including their economic vitality, and

c) the desirability of new development making a positive contribution to local character and distinctiveness

5.18 The Council’s policies at LDF CP16 and DP28 support the preservation and enhancement of man-made assets. Reuse of the site by an appropriately designed residential development, will achieve the objective of sustaining and enhancing the heritage asset. The preservation and enhancement of the Alne Conservation Area is desired and securing appropriate development that will sustain local communities is sought by the Council’s IPG. The desirability of making a positive contribution to local character and distinctiveness has been sought through the application process and achieved by amendments to the proposal.

5.19 At NPPF paragraph 193 the test is stated that great weight and importance is to be given to the assets conservation. Applying the test of whether the scheme would give rise to harm it is considered that from “no harm”, to “less than substantial harm” to “substantial harm” is a continuum. The development proposed is considered to be at the lower end of the scheme of less than substantial harm. In order to outweigh that “less than substantial harm” requires public benefits. However the benefits would not be required to be as great as would be required if the harm was close to the ‘substantial harm’ end of the scale. The proposal has been found to cause “less than substantial harm” at 5.15 above.

Y:\Committee Services\Planning\Reports\2019\070219\18-01596-REM Land To Rear Of Village Farm Alne (TW final ) - LT DONE.doc Page 27 5.20 NPPF paragraph 194 states 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.”

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

5.22 The tests set out in the Barnwell Manor and The Forge Field Society cases are that ‘decision makers should give ‘considerable importance and weight’ to the desirability of preserving, in this case, the character and appearance of the Conservation Area. The harm which would be caused to a heritage asset is to be given considerable importance and weight which in turn gives rise to a strong presumption that planning permission should not be granted, unless this harm can be outweighed by the public benefits of the scheme.

5.23 There will be less than substantial harm caused to the significance of the heritage asset. The justification for this harm is the public benefit that the scheme will bring to the village, in terms of heritage benefits and the social and economic benefits.

5.24 The tests set out in the Barnwell Manor and The Forge Field Society cases are that ‘decision makers should give ‘considerable importance and weight’ to the desirability of preserving, in this case, the character and appearance of the Conservation Area. The harm which would be caused to a heritage asset is to be given considerable importance and weight which in turn gives rise to a strong presumption that planning permission should not be granted, unless this harm can be outweighed by the public benefits of the scheme.

5.25 The identified public benefits of the scheme:

• By creating two dwellings of predominantly agricultural appearance an evidential value is introduced to the site; in that the development of agricultural style buildings on site yields evidence about past human activity on the site which adds to the significance of this site within the Conservation Area and making a positive contribution to local character and distinctiveness, in line with NPPF paragraph 192 and NPPG .(paragraph 003; Reference ID: 18a-003-20140306) that “Part of the public value of heritage assets is the contribution that they can make to understanding and interpreting our past.”; • The sensitive development of a currently undeveloped site which contributes little to the character and setting of the Conservation Area; • Addition of locally distinctive and high quality development; • Contribution to the aims of the NPPF of sustainable development through a social gain of the provision of a two sustainably located and high quality designed dwellings; • An environmental gain by protecting the built and historic environment through extending the built form of Village Form to allow its legibility to be read and preserving the different roles of land within the Conservation Area; and • A limited economic benefit from the initial construction of the dwelling and subsequent additional household in the village; accessing services in the district.

5.26 The public benefits must be balanced against, and outweigh the less than substantial harm to the Conservation Area. It is considered that the harm, which is outlined in paragraph 5.15, to the Conservation Area will be limited, and the public benefits of the scheme, outlined above, do outweigh the less than significant harm.

Y:\Committee Services\Planning\Reports\2019\070219\18-01596-REM Land To Rear Of Village Farm Alne (TW final ) - LT DONE.doc Page 28 5.27 Paragraph 196 of the NPPF seeks development to secure the optimum viable use of the heritage asset. The optimum viable use of a heritage asset has been defined in the Gibson v Waverley BC case (2012) as the use which has the least harmful impact to the significance of the asset; but a use which may not be the most profitable. Agricultural use could be reintroduced to the site, however, due to modern farming methods the size of the site, the surrounding residential development and single narrow access on Back Lane would make continuing agricultural use impractical. In addition to this modern agricultural buildings are not small buildings, constructed in attractive handmade bricks, which would be in keeping with and complimentary to the Conservation Area. Modern agricultural buildings are normally large, sheet metal, concrete panel and steel portal framed which would be potential harmful this central village location, therefore not the optimum viable use due to the harm.

5.28 There is an argument that the optimum viable use would be to leave the site vacant and that this would result in the least harm to the Conservation Area. However, as detailed within this report planning permission has been granted for the development of the site. It is considered that the development, which consists of bespoke designs, will help to preserve the character and setting of the Conservation Area by demonstrating the site’s former use and maintaining the historic layout of the village; where farms were located on the fringes of villages This is echoed in the advice of NPPF paragraph 102 and NPPG .(paragraph 003; Reference ID: 18a-003-20140306) that “Part of the public value of heritage assets is the contribution that they can make to understanding and interpreting our past.”

5.29 The development will alter the immediate view of the Conservation Area in this Back Lane location by introduction built development, but it is considered that the proposal will cause less than significant harm as it will not result in an erosion of the character or create a significant harmful impact on the place or its setting. It is considered, in accordance with NPPF paragraph 192, that this proposal will sustain the significance of the Conservation Area, putting this piece of land to a viable use in a way which is consistent with the assets conservation and ensure that the new development will make a positive contribution to the local character and distinctiveness.

5.30 In order to ensure that the level of high quality materials indicted on the plans are used on site it is recommended that materials, including timber window frames are secured by condition.

Impact on residential amenity

5.31 The site is surrounded on three boundaries by residential development, which does result in potential for unacceptable impact on the neighbouring properties in the form of loss of privacy, security and daylight and risk of increased noise, disturbance, pollution, and odours as a result of the development.

5.32 This report will first address the potential impacts on residential amenity from Byre House, the westerly plot. Objections have been submitted from the occupants of the dwelling to the rear of the plot which relate to Byre House’s rear windows impacting on the privacy of the rear neighbour’s privacy and the position and scale of the garage to the rear.

5.33 The proposed Byre House garage has been moved into the south western corner, which reduces the impact on the neighbouring garden and views. The level of first floor fenestration on the southern elevation, which looks onto the property at the rear, has been significantly reduced. There are now only two windows on this rear elevation, the nearest of which is a bathroom window on the rear cross wing, as such is expected to be obscure glazed and this measure can be secured by planning condition. The second first floor window is to a bedroom; there is a 18m separation

Y:\Committee Services\Planning\Reports\2019\070219\18-01596-REM Land To Rear Of Village Farm Alne (TW final ) - LT DONE.doc Page 29 distance between the window and boundary with the neighbouring garden. The neighbouring dwelling is then beyond this boundary, at the narrowest point this is approximately 9m, a total dwelling to dwelling separation distance of 27m. It is considered that neither of the first floor side windows will result in an unacceptable loss of neighbouring amenity.

5.34 Also on Byre House the western first floor window, which serves a bathroom is expected to be obscured glazed, and this can be controlled through condition. This window looks onto the end of the long rear curtilage of the neighbouring property, The Old School House. The eastern first floor bedroom will look immediately onto the blank gable of Cart Shed House and due to the proximity of the neighbouring proposed dwelling will provide only very limited views into the neighbouring garden.

5.35 There is very little opportunity for overlooking by Cart Shed House; there are no first floor windows to the side elevations. The rear first floor windows are 17m from the rear boundary fence, with the dwelling at the rear, The Stables, a further minimum of approximately 12m from this boundary. This results in a total separation distance of approximately 29m. It is considered that the separation distances will protect against unacceptable loss of privacy and other amenity impacts. As with Byre House, it is recommended that bathroom windows are conditioned to be obscure glazed.

Landscaping

5.36 The mature hedges form an important part of the characteristic of the Conservation Area. Currently there is a conifer hedge running along the western boundary. The proposed landscaping scheme seeks to remove this and replace with a native beech hedge, which would be a positive contribution to the Conservation Area.

Size of dwellings

5.37 Concern has been expressed that the dwellings are large and will not contribute towards the need for affordable housing within the village. The decision on the outline planning application limited the number of dwellings to be formed to two units. There was however no stipulation that the dwellings must be of a particular size or tenure. There is no requirement for the provision of affordable housing or to limit the size of the dwellings to achieve objectives of housing mix. The reserved matters submission is therefore to be considered on the merits of details required by condition 2 of the outline approval that is the access, design, landscaping, layout and scale.

Planning balance

5.38 The proposal would create an additional home in a sustainable location, without causing harm to the appearance of the settlement, the heritage asset and without harm in terms of highway safety or the capacity of local infrastructure.

5.39 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.

Y:\Committee Services\Planning\Reports\2019\070219\18-01596-REM Land To Rear Of Village Farm Alne (TW final ) - LT DONE.doc Page 30 6.0 RECOMMENDATION

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

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

• Proposed site plan, landscaping and boundary treatments 06C;

• Byre House proposed elevations 05C

• Byre House garage (proposed) 07A; received by Hambleton District Council on 16th January 2019

• Byre House proposed floor plan 04B; received by Hambleton District Council on 07th January 2019

• Cart Shed House proposed elevations 03A

• Cart Shed House proposed floor plans 02A; received by Hambleton District Council on 17th October 2018; unless otherwise approved in writing by the Local Planning Authority.

2. The windows above first floor level shown on the plan to serve bathrooms or ensuite facilities shall at all times be glazed with obscured glass.

3. The development of the boundary walls, fences and other means of enclosure for all parts of the development shall be undertaken in accordance with plan 06C; received by Hambleton District Council on 16th January 2019, unless otherwise approved in writing by the Local Planning Authority.

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, CP2, CP4, CP16, CP17 and CP21, DP30 and DP32.

2. To protect the amenity of the neighbouring residents in accordance with the Local Development Framework Policies CP1 and DP1.

3. To protect the amenity of the neighbouring residents and to ensure that the development is appropriate to the character and appearance of its surroundings in accordance with the Local Development Framework Policies CP1, DP1, CP17 and DP32.

Y:\Committee Services\Planning\Reports\2019\070219\18-01596-REM Land To Rear Of Village Farm Alne (TW final ) - LT DONE.doc Page 31 This page is intentionally left blank Parish: Alne Committee date: 7 February 2019 Ward: Easingwold Officer dealing: Mrs Caroline Strudwick 4 Target date: 15 February 2019

18/01354/FUL

Construction of dwelling and detached garage At The Croft Main Street Alne For Mr & Mrs P. Tomlinson

This application is referred to Planning Committee as the application is a departure from the Development Plan. Consideration of the application was deferred at the meeting of 15 November 2018 in order to address issues of the public benefits of the scheme and to investigate the footings of previous development on site and 13 December 2018 to give further consideration to the issues relating to the assessment of the impact of the development on the heritage asset.

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The application site lies to the rear of The Croft, between the two dwellings known as Seymour House to the west and Croft Barn to the east.

1.2 The site has a brick wall along the boundary with Back Lane, and a set of double sheet metal gates adjacent to Croft Barn. The land is a grassed area of land with a pebble dashed roller shutter door garage in the north western corner and a green house on the eastern boundary, at approximately the half way point of the site length. The site is bounded by a mix of brick wall and timber fencing on all sides, with a single timber gate in the south eastern corner to access The Croft.

1.3 The site is outside the Alne Development Limits; this boundary runs some 10m north of the rear elevation of The Croft. The site is inside the Alne Conservation Area. The predominant character of this area is the narrow Back Lane, bounded by mature trees and hedges to the northern side and the end of the rear curtilages of the Main Street dwellings, demonstrating the historic toft and croft pattern of the village.

1.4 Back Lane is a single carriage way which extends from the junction with Mitchell Lane, continuing west to West Field Farm where it ends with no through road. The northern side of Back Lane, which is where the boundary of the Conservation Area runs, is characterised by its grassed verge and mature trees and hedge field boundaries. Development to the north of Back Lane has been restricted to agricultural development (including a dwelling, Providence House built in 2012) and public open space.

1.5 There are a 6 of independent domestic dwellings on the south side of Back Lane, which are within the Conservation Area. Four of these are new build dwellings, whilst two, on either side of the application site, are conversions of agricultural buildings. Change of use of an existing agricultural building to a dwelling in October 1994 allowed the creation of the dwelling now known as Croft Barn, and in September 1995, the same allowed the creation of Seymour House. Where there is no development abutting the highway on the southern side of the highway boundary treatments mirror that on the opposite side, mature hedges and trees which result in a rural, agricultural character.

1.6 The application seeks permission for the construction of a new independent dwelling on the frontage with Back Lane. The design has been amended a number of times

Page 33 through the application process to address concerns of scale, number of window openings, generation of light pollution, and impact on the Alne Conservation Area.

1.7 It has been shown through historic Ordnance Survey mapping that the application site was formally occupied by a building. A series of pits have been dug on site to expose the original foundations of the building. The footings have not been exposed continuously. The pits which have exposed the buildings footings appear to follow the form of the building shown on the 1911 map and follow the line of the rear elevation to match Croft Barn and Seymour House, as shown on the historic maps. The south eastern corner of the original footings measures approximately 5m from the boundary wall and line up with the rear boundary of The Croft and Seymour House. The plans show the south eastern corner of the two storey element of the proposed building to be 5.7m from the wall; the proposed footprint is larger than the footprint of the former agricultural building. The footings have been excavated to a depth of 40cm at this point (3 brick courses). No floor of the building has been found, however a small section of a cobbled surface has been uncovered to the south of one of the footing sections.

1.8 The western boundary wall has a number of nibs that line up with the exposed footings and where the external southern walls would have tied into the western wall.

1.9 The original boundary wall will either be re-pointed, and where necessary, damaged bricks replaced or will be carefully taken down and rebuilt using reclaimed bricks upon new foundations. The external elevations of the dwelling will then be extended upwards from the position of the existing wall, finished in a weathered timber cladding to replicate a number of other agricultural conversions in Alne (Park Farm, Village Farm and Oak Busks) but to also delineate between the existing wall and new construction on site.

1.10 The single storey rear element has a contemporary design, the scheme incorporates six full height glazed panels, a flat green living roof with three slightly raised roof lights.

1.11 Amendments have been made to the proposal. The number of glazed panels has been reduced, and the previously proposed roof lanterns have been replaced with roof lights to address concerns of light pollution from the development.

1.12 The ridge of the building has been reduced during the course of the application to make it lower than Croft Barn and in line with Seymour House. The pitch has also been altered to reflect the 33 degree pitch on the neighbouring properties. This has been done to respect the existing dwellings either side. The gates to provide access into the site have been relocated south, away from the frontage, previously being flush to the front elevation. This is to give some variety of depths, and break up the continuous development.

1.13 The number of windows on the Back Lane elevation has been reduced to reflect the small number of windows on the conversions either side of the application site. The style of the windows has also been amended to a more traditional style. The front elevation has had punctuated brickwork slots added to reflect the similar detail at Seymour House.

1.14 A detached garage is proposed within the site, to the rear, in the south eastern corner. The ridge height of the garage has been reduced by 0.5m to 3.8m in response to neighbour concerns of over shadowing.

Page 34 2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 17/02085/FUL Application for the construction of a detached dwelling with detached garage, terrace and driveway – application withdrawn 30th January 2018

All other planning history relates to development at the host property, The Croft.

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 CP19 - Recreational facilities and amenity open space Development Policies DP1 - Protecting amenity Development Policies DP3 - Site accessibility Development Policies DP4 - Access for all Development Policies DP9 - Development outside Development Limits Development Policies DP28 - Conservation Development Policies DP32 - General design Interim Guidance Note - adopted by Council on 7th April 2015 National Planning Policy Framework

4.0 CONSULTATIONS

4.1 Parish Council – one comment of objection has been received from the Parish Council, received 19 July 2018. An additional consultation period has been advertised but no further comments have been received from the Parish Council. The original objection was:

• The site is outside development limits • The proposal is out of keeping with the Conservation Area • It would result in a significant increase of traffic on Back Lane; and • Impact on local infrastructure.

4.2 Highway Authority – Recommended conditions

4.3 Public comments – 37 comments have been received, in response to both the 21 day and 10 day re-consultation. These consist of 24 objections, two neutral comment, and 11 supports. It should be noted that a number of the objections are multiple submissions.

The objections can be summarised as:

• Over development of the village as a whole; • Unacceptable cumulative impact of back land development throughout the village; • Over development of the site; • Unacceptable impact on the rural character of Back Lane; • The proposed building is not in character with other properties and will deter from the natural beauty of Back Lane; • No evidence that a large agricultural building stood on the site, the scale and height to the one proposed;

Page 35 • Design does not meet the tests of the NPPF’s heritage section, and will not protect or enhance the character and setting of the Conservation Area; • The principle of development in this location will set a precedent for more new homes fronting Back Lane, in rear gardens; • Back Lane is a village amenity that should be protected as it is used by dog walkers, joggers, ramblers & horse riders as a safe, quiet area of the village. Back Lane should remain a safe place for children to play and for individuals to enjoy the countryside; • An additional building of substantial height which will block the light, tree and skyline view in between the two existing barns. Proximity to neighbouring properties and potential for overlooking into proposed dwelling and neighbouring properties; and • Impact on Croft Barn by vehicles accessing the site, and disturbance to the neighbouring occupiers.

The 11 comments of support:

• The proposed plans are sympathetic to the local surroundings; • Extensive research has gone into ensuring that they are based very much along the style of the previous historic building on this site; • Back land development is inevitable and it is far more preferable that this is undertaken by someone with a local understanding and empathy as demonstrated by the amount of research and cooperation that has gone into their planning consultation; • This is excellent in design, taking into account the heritage of the village; • A natural infill with existing access. There is sufficient turning and parking on site; and • There is a play area in the village, why are children being encouraged to play in the road?

5.0 OBSERVATIONS

5.1 The main issues to consider are (i) the principle of development at this location; (ii) the impact of the proposal on the character and appearance of the Alne Conservation Area; (iii) access issues; and (iv) impact on residential amenity, including any loss of recreational use.

Principle

5.2 Alne is categorised as a secondary settlement in the Settlement Hierarchy published in the 2007 Core Strategy and is unchanged in the updated 2014 hierarchy, and therefore has prescribed Development Limits, however this site lies to the north of the Development Limits. For that reason any new housing in this location is contrary to the development plan unless it benefits from an exception as set out in Core Policy CP4. No such exception is claimed in this case. The Council’s Interim Policy Guidance (IPG), allows small-scale development to be considered within the village.

5.3 The National Planning Policy Framework (NPPF) states, in paragraph 78, "To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances".

5.4 The IPG was adopted to enable consistent decision-making in respect of small-scale development in villages with due regard to the NPPF and the spatial principles of the Local Development Framework. It states that "Small scale housing development will

Page 36 be supported 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.

5.5 The approach of the IPG is that Service and Secondary Villages are deemed sustainable in their own right and this site is located on the north edge of the village of Alne. The IPG allows for development on land that is outside the Development Limits of settlements. The proposal would be capable of supporting local services and would be in accordance with the aims of sustainable development, complying with the first criterion.

5.6 The development is small in scale as it is for 1 dwelling. The development will occupy land that is considered to be domestic curtilage to The Croft.

Impact on Conservation Area

5.7 As the site is within the Alne Conservation Area there is a requirement under Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 “that in exercising an Authority's planning function special attention shall be paid to the desirability of preserving or enhancing the character or appearance of Conservation Areas”. The National Planning Policy Framework from paragraphs 189 to 194 requires an assessment of the potential harm a proposed development would have upon the significance of a designated heritage asset.

5.8 Paragraph 196 of the NPPF 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 securing its optimum viable use. On the topic of conserving and enhancing the historic environment the Planning Practice Guidance (paragraph 003; Reference ID: 18a-003-20140306) states that “Part of the public value of heritage assets is the contribution that they can make to understanding and interpreting our past.” The following subsections address the paragraphs of the NPPF that set out the approach to consideration of proposals relative to heritage assets.

Significance of the conservation area – paragraphs 189

5.9 The designated heritage asset which will be affected by this proposal is the Alne Conservation Area. A conservation area is an area which has been designated because of its special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance.

Page 37 5.10 There are no listed buildings or non-designated historic assets which will be affected by this proposal. The wall which forms the boundary on Back Lane is considered not to be a non-designated historic asset.

5.11 The Alne Conservation Area report, dated 1985, does not provide an overview of the character of the Conservation Area. The report suggests that the character of the village is one of a historic core along grassed verged Main Street, with the subservient secondary Back Lane to the north and Monk Green to the south. The dwellings along the northern side of Main Street are typically large detached dwellings, with long rear gardens which extend to the Back Lane. Some of these long curtilages have outbuildings which can be accessed via Back Lane, and demonstrate the historic toft and croft pattern of the village.

5.13 Officers consider that the significance of the Conservation Area in 2019 lies in the historic layout of the village, the use of traditional high quality materials and legibility of how past occupants used and interacted with buildings and open spaces.

Significance

5.14 The NPPF2 at paragraph 190 requires the Local Planning Authority to identify and assess the particular significance of any heritage asset that may be affected by a proposal.

5.15 The significance of the heritage asset affected by the proposal is the filling of a space that is experienced as an enclosed space between buildings, now occupied as dwellings, to the south side of Back Lane, a space that is perceived as domestic land.

5.16 There is no doubt that the development to construct a new dwelling will alter the immediate view of the Conservation Area in this location, it is considered that the proposal will cause “less than significant harm” as it will not result in an erosion of the character or create a significant harmful impact on the place or its setting.

Neglect

5.17 At NPPF paragraph 191 consideration is given to deliberate acts of neglect or damage.

5.18 It is considered that there has not been deliberate neglect of, or damage to, the heritage asset. The poor condition of the pointing of the brickwork of the wall and weathering to the bricks accelerated by the use of concrete mortar is a result of age and a lack of appropriate maintenance over time, but no evidence of deliberate neglect or damage is found.

Taking account of the heritage asset

5.19 The NPPF at paragraph 192 states that LPAs should take account of:

a) the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation.

b) the positive contribution that conservation heritage assets can make to sustainable communities including their economic vitality, and

Page 38 c) the desirability of new development making a positive contribution to local character and distinctiveness

5.20 The Council’s policies at LDF CP16 and DP28 support the preservation and enhancement of man-made assets. The retention of the boundary wall or reconstruction on the same alignment, albeit as part of a new dwelling and use of the land to form a new home is a viable use that retains the character of the buildings abutting the boundary with Back Lane, the development is considered to be consistent with the conservation of the heritage asset.

5.21 The preservation and enhancement of the Alne Conservation Area is desired and securing appropriate development that will sustain local communities is sought by the provisions of the IPG. A new dwelling on the site is can support the local community. The desirability of making a positive contribution to local character and distinctiveness has been sought through the application process and by the improvements by amendment to the initial design is considered to make a positive contribution to the local character of significant barn style buildings on the south side of Back Lane.

Great weight and importance

5.22 At NPPF paragraph 193 the test is stated that great weight and importance is to be given to the assets conservation. Applying the test of whether the scheme would give rise to harm it is considered that from “no harm”, to “less than substantial harm” to “substantial harm” is a continuum. The development proposed is considered to be at the lower end of the scheme of less than substantial harm. In order to outweigh that “less than substantial harm” requires public benefits. However the benefits would not be required to be as great as would be required if the harm was close to the ‘substantial harm’ end of the scale. The proposal has been found to cause “less than substantial harm” at 5.16 above.

Clear and convincing justification and public benefits

5.23 NPPF paragraph 194 states 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.” Paragraph 196 states that “where a development proposal will lead to less than substantial harm to the significance of the designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.”

5.25 The public benefits of the scheme, as set out by the applicant, are:

• By reinstating a former barn/outbuilding and traditional form the users of the Back Lane would observe a building that reflects the site’s form character, which would add value to an individual’s experience and understanding of the site’s historic form;

Page 39 • The visual enhancement to the Conservation Area provided by a bespoke, heritage led design, which respects and reflects adjacent buildings would be enjoyed by the occupants, neighbouring residents and users of the Back Lane; • Replicating the prevailing character of irregular building heights and widths would preserve and enhance the Conservation Area; • Any individuals overlooking the area would be greeted with a roof that blends into the existing countryside and garden area. The use of meadow like plants would attract wildlife to further enhance the environment; • Repair and subsequent safeguarding of the existing boundary wall is feature would enhance people’s enjoyment of the Back Lane; • By the repair and enhancement of the unkempt grass verge users of the Back Lane would enjoy an enhanced landscaped setting; • Removal of the rusting metal gate would enhance people’s experience of the site; • People’s enjoyment of Back Lane would be enhanced via the removal of this unattractive building that detracts from the character and appearance of the Conservation area; and • The openness of Back Lane would be preserved through the lowering of the height and width of the proposed building below the neighbouring buildings which would preserve the openness of Back Lane.

5.26 It is considered that the public benefits are not as set out by the agent, as some of the public benefits claimed would not necessarily arise from scheme, address impacts of the scheme, refer enhancement to the design of the scheme or avoidance of harm by the making of amendments to the proposals. The scheme is however considered to provide public benefits as follows: • repair of the boundary wall • replacement gate • removal of the prefabricated garage • economic benefit of building work and a new household • social contribution to village life of additional in habitants • bespoke heritage led design appropriate to the setting

5.27 The proposal would contribute to the aims of the NPPF of sustainable development; there is a social gain through provision of a sustainably located and high quality designed dwelling; an environmental gain by protecting the built and historic environment; and a limited economic benefit from the initial construction of the dwelling and subsequent additional household in the village; accessing services in the district.

5.28 As required by NPPF the less than substantial harm has been weighed against the public benefits . It is found that the less than substantial harm to the Conservation Area is outweighed by the public benefits.

Access Issues

5.29 There are a small number of dwellings with primary access from Back Lane and other dwellings have a secondary access from Back Lane. Additionally there are two farms that take access from Back Lane, as a consequence the land is quite lightly trafficked with no through way for motor vehicles.

5.30 It is noted that no objection has been raised by the Local Highway Authority Rights of Way officer to the development.

5.31 The greatest concern which has arisen from the community is the impact of increased traffic on the people who use the lane to walk dogs, exercise horses and

Page 40 children who enjoy the quiet lane to play. It is considered that the addition of one four bedroom house will not significantly increase the level of traffic on Back Lane to such an extent that those people who currently use it for leisure purposes will be unable to continue to use it for such purposes. It should also be noted that there is a playing field near by which can be used by children for playing.

5.32 NYCC Highways had no objection to the previously withdrawn scheme, subject to the attachment of recommended conditions. The NPPF states in paragraph 109 that “development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual impacts on the road network would be severe”. There will be an increase in traffic as a result of this scheme however is not expected to cause any demonstrable harm or harm to those people who use Back Lane as a pedestrian route or choose to exercise horses here. The proposal is in a location which will provide convenient pedestrian access to the village, thus minimising the need to travel. The scheme is considered to meet the tests of CP2, DP3 and DP4.

5.33 There is no evidence to suggest that the capacity of the infrastructure would be exceeded by the development of one dwelling. Accordingly the scheme meets the requirements of the IPG in this respect.

Impact on residential amenity

5.34 The site is located between two dwellings formed by barn conversions, and will back onto the rear of the properties in Main Street. The scheme originally featured a large glazed expanse at the rear, however, in response to officer concerns regarding light pollution. The potential for light pollution has been reduced by removal of the roof lanterns, these are substituted by roof lights. There will a level of light pollution, as with any dwelling, however the scheme will not result in an unacceptable level of light escaping.

5.35 Concerns have arisen from the neighbours regarding the potential for overlooking into the proposed dwelling and vice versa. Based on the red line location plan, there is a separation distance from the rear elevation of High Gables (south south-east of the site) to the proposed site boundary of 19.7m, there is then an additional 17.9m length of garden from the rear boundary to the rear elevation of the proposed dwelling. This is a total separation distance between the rear elevations of High Gables and the proposed single storey element of the proposed dwelling of 37.6m. It is a very similar separation distance between The Croft and the proposed dwelling. The total separation distance between Birdforth House (south of the site) and the proposed single storey element of the proposed dwelling is approximately 55m. Given these distances it is considered that there will not be an unacceptable loss of privacy or potential for overlooking.

5.36 The neighbour at Croft Barn has raised concerns regarding the potential for unacceptable disturbance due to vehicles passing between Croft Barn dwelling and the proposed. The neighbour has anticipated that the disturbance will occur when using the garden. Due to the principal bedroom being at end of Croft Barn which is nearest the application site there is concern that disturbance will occur when the occupants are sleeping. It is accepted that vehicles will be accessing the site, and these vehicles will create noise, however there is nothing to suggest that the occupants would be accessing the site at abnormal frequency or times or that the use of the access would be unusually disturbing.

5.37 It has been suggested that the property may be advertised as a holiday rental, rather than being used as an independent primary dwelling. It is not considered that there would be any additional nuisances or concerns to consider should this occur, and no

Page 41 reasonable justification to apply a condition which removes the allowance to use the property as a holiday rental.

Drainage

5.38 The proposed drainage arrangement of connection to the mains sewer for foul sewage, and soakaway for disposal of surface water, is considered to be acceptable and no objections have been raised by consultees relating to drainage. The site is within flood zone 1 and therefore not within an area of significant flood risk.

Planning Balance

5.39 There is a supply for land for housing of more than 8 years and no compelling case for additional homes to meet the requirement of the NPPF in this respect however the provision of an additional dwelling is a social gain as it provides an additional home in a sustainable location. It would also result in an economic gain through the investment in the new building and through subsequent spending by residents.

5.40 As the proposal will result in less than substantial harm to the Conservation Area there is a requirement in the NPPF that the harm be weighed against the public benefits of the scheme. Retaining the setting of the heritage asset by preserving the character of the site which in turn helps the public understand and interpret the past activity on the site is to be balanced against the less than substantial harm.

5.41 It is considered that on balance the scheme which provides public benefits which contribute to the aims of the NPPF of sustainable development and meets the requirements of the LDF Policy and the Interim Policy Guidance outweigh any impacts regarding development on the edge of a village, in the Alne Conservation Area served by a minor road, any impacts upon the amenity of neighbours and can be recommended for approval.

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) numbered 753/02/01/J and 753/02/02/H received by Hambleton District Council on 1st November 2018 and 753/02/03F received by Hambleton District Council 12th October 2018 unless otherwise approved in writing by the Local Planning Authority.

4. Prior to first occupation a landscaping scheme which sets out the type and number of species to be used on the living roof and a management plan of the roof shall be submitted, and approved in writing, by the Local Planning Authority. Any 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. Once approved

Page 42 the maintenance of the roof shall be carried out in accordance with the approved plan until such a time it is withdrawn in written agreement with the Local Planning Authority.

5. No external lighting shall be installed other than in complete accordance with a scheme that has previously been approved in writing by the Local Planning Authority.

6. Notwithstanding the provisions of any Town and Country Planning General or Special Development Order, for the time being in force relating to 'permitted development', no enlargement, improvement or other alteration shall be carried out to the dwelling or building nor shall any structure be erected within or on the boundary of the curtilage of the dwelling hereby approved without express permission on an application made under Part III of the Town and Country Planning Act 1990.

7. There shall be no demolition of the front boundary wall until a schedule has been agreed with the Local Planning Authority of those materials forming part of the building to be demolished which are worthy of re-use in the re-construction of the wall and a schedule of additional materials required to replace any failed bricks. The wall shall be carefully taken down or dismantled and the materials contained in the schedule stored for later re-use in the proposed redevelopment. The materials contained in the schedule shall be re-used in the redevelopment of the site in the manner indicated in the schedule, as well as the mortar.

The reasons for the above conditions 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 CP1, CP16, CP17, DP1, DP28 and DP32.

4. In order to help assimilate the development within the rural landscape.

5. In order that the Local Planning Authority can consider the impact of the proposed lighting scheme and avoid environmental pollution in accordance with Local Development Framework Policies CP1 and DP1.

6. The Local Planning Authority would wish to retain control over the extension, improvement or alteration of this development in the interests of the appearance of the site and the amenities of residential property nearby in accordance with Local Development Framework Policy CP1, DP1, CP17 and DP32.

7. In the interest of maintaining the character of the area and conservation of existing building materials in accordance with the Hambleton Local Development Framework policy CP28.

Page 43 This page is intentionally left blank Parish: Appleton Wiske Committee date: 7 February 2019 Ward: Appleton Wiske and Smeatons Officer dealing: Aisling O’Driscoll 5 Target date: 11 January 2019

18/02161/OUT

Outline Planning Application with some matters reserved (considering access & layout) for a development of 2 detached dwellings At Ingram Grange Farm, Appleton Wiske For Addis Charles

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 towards the southern end of Appleton Wiske. The site fronts the public road, Front Street, with an existing access located approximately halfway along the frontage. The site is just outside of the development limit and backs onto open countryside. To the south of the site is the River Wiske.

1.2 There are a mix of uses in the vicinity. To the north east of the site is Appleton Wiske Primary School. Immediately opposite the application site is residential development and the Village Hall is located to the west. A little further out to the south east of the site is a playing field and associated play equipment.

1.3 The historic core of Appleton Wiske is predominantly linear in form and comprises attractive buildings, several of which are terraced, located close up to the highway edge. There is more modern development, with detached properties set back from the road frontage with greater spacing between the buildings, at the southern end of the village.

1.4 The site currently forms part of a field, with an established hedge on the north east boundary to the road and gates serving the site. The south western side of the site is also bounded by a hedge which appears to separate the site from the open countryside beyond.

1.5 Approximately half of the site is located within Flood Zones 2 and 3. The front strip, where the proposed dwellings are proposed is located in Flood Zone 1.

1.6 A previous application for five dwellings at the site was refused for the following reasons:

1. “Due to the positioning on site, and extent of development, the proposed development would have a detrimental impact on the character and form of the village and that of the open countryside beyond. The proposed development is contrary to Development Plan policies relating to the distribution of development and is considered to fail to accord with the requirements of the Council's Interim Policy Guidance in these terms, in particular criteria 2, 3 and 4.”

And

2. “The loss of the hedge to the front of the site would further erode the character of the village street. The proposed development is considered to fail to accord with the requirements of Development Policy DP32, which seeks high quality development which respects the setting of the development.”

Page 45 1.7 The application was subsequently dismissed at appeal with the Inspector stating that:

“the proposal would represent a marked incursion into the countryside on the periphery of the settlement with the extent of the proposal and it’s positioning in a linear form extending along the road. As a consequence, the site’s contribution to the character would be unduly diminished.”

And that:

“it would not be a natural extension of the village”

1.8 The only matters for approval at this stage are access and layout, with appearance, landscaping and scale reserved for a later application if this one is approved.

1.9 The application is supported by a site plan, which identifies the siting of the dwellings and access to the highway. This shows two dwellings located to the front of the site, with their footprints avoiding Flood Zones 2 and 3.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 17/02471/OUT - Outline planning application for residential development and associated infrastructure with details of access and siting (all other matters reserved) ; Refused and Dismissed at appeal.

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 CP8 - Type, size and tenure of 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 Development Policies DP4 - Access for all Development Policies DP13 - Achieving and maintaining the right mix of housing Development Policies DP17 - Retention of employment sites Development Policies DP28 - Conservation Development Policies DP30 - Protecting the character and appearance of the countryside Development Policies DP32 - General design Interim Guidance Note - adopted by Council on 7th April 2015

4.0 CONSULTATIONS

4.1 Welbury Parish Council – No comments.

4.2 Appleton Wiske Parish Council - Does not support the application on the following grounds:

• Impact and character and form of the village • Flood risk • Position of site • Impact on hedges

Page 46 • The parish Council does not support any further housing development in the village • The site was not submitted in the call for sites.

4.3 Highway Authority – No objections subject to conditions relating to surface water discharge, access construction requirements, visibility splays, highways safety improvement works, vehicle turning and parking, precautions to prevent mud on the highway and a construction management plan. A number of informatives are also recommended in relation to licences, explanatory notes, agreements under section 278 of the Highways Act 1980 and parking standards.

4.4 Drainage Board – has returned standing advice, however, their response on the previous application indicated that the application site is not in their area.

4.5 Yorkshire Water – No objection subject to conditions.

4.6 Public comments – Four letters of representation were received raising the following issues:

• Impact on highways safety/congestion; • Site is outside of development limits; • Visual impact; • Flooding; • Increased number of cars; • There are bats in the area; and • There is no local need for housing.

5.0 OBSERVATIONS

5.1 The main issues to consider are: (i) the principle of residential development in this location; (ii) the impact on the character and appearance of the surrounding area; (iii) flood risk; (iv) highway safety; and (v) the impact on residential amenity.

Principle

5.2 The site is located beyond the Development Limits of Appleton Wiske. Policy DP9 states that development will only be granted for development 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) published in July 2018. 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 support local services. Where there are groups of smaller settlements, development in one village may support services in a village nearby.”

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

5.4 The IPG states that the Council will support small-scale housing development in villages where it contributes towards achieving sustainable development by

Page 47 maintaining or enhancing the vitality of the local community and where it meets all of the following criteria:

5.5 In the Settlement Hierarchy reproduced in the IPG Appleton Wiske is identified as a Secondary Village. This status recognises its range of services and facilities and confirms that it is considered a sustainable settlement capable of accommodating small scale development. The proposal would therefore meet criterion 1 of the IPG, in that it would be located where it can support local services.

5.6 Consideration and reference also needs to be made to the emerging Appleton Wiske Neighbourhood Plan. The Neighbourhood Plan designated area was approved in September 2012 and the Parish Council produced an initial draft plan, which identified a preferred housing site elsewhere in the village. However, work on the plan has not progressed since. Considering that the Neighbourhood Plan is at a relatively early stage, it can be given only very limited weight.

Character and Appearance

5.7 IPG criterion 2 requires development to be small scale. The guidance expands on this definition as being normally up to five dwellings. In this instance the proposal is for two dwellings, which accords with this criterion. In forming this view it is recognised that other residential schemes have been approved (Shorthorn Public House, development at the end of Hunters Ride and Little Hornby Farm). However, the application site is not viewed in the same context with significant separation distances between the sites.

5.8 The application is for outline permission with layout and access considered. It is apparent that a significant constraint on any form of development is the extent of Flood Zones 2 and 3. The Environment Agency has previously been explicit in directing that no built development should occur in these areas unless supported by a sequential test. This restricts development to the front strip, within Flood Zone 1. The two dwellings have both been located in this area to the front of the site. The Environment Agency has raised no objections to the proposals and it is therefore considered that the current siting of the dwellings is acceptable.

5.9 The previous application was refused due to the positioning on site, extent of development and the resulting detrimental impact on the character and form of the village and that of the open countryside beyond. The applicant has reduced the proposed number of units from five down to two. This reduction has allowed for a larger proportion of the front hedgerow to be retained. In addition the agent has confirmed that the hedge will only need to be reduced in depth/thickness to facilitate the required visibility splays.

Page 48 5.10 Using historical imaging it can be seen that the character of this site has changed over time. At one time the site was quite open with views through to the open countryside, now the level of screening has increased, both to the front boundary and to the west boundary where a hedge has grown up. The addition of two houses at the North West end of the site therefore is not considered to have a harmful impact on the character of the village or the open character and appearance of the countryside.

5.11 It is considered that the site is capable of accommodating development and relates well to the existing form of the village.

5.12 Given all of the above it is considered that, subject to appropriate design at reserved matters stage, the current proposal of two dwellings meets all of the criteria outlined in the IPG.

Flood Risk

5.13 As the application includes layout, it can be established that the built development will be located entirely within Flood Zone 1. Should the application be approved it is recommended that permitted development rights be removed to restrict the ability to build within flood zones 2 and 3 without prior approval from the Local Planning Authority.

5.14 The National Planning Practice Guidance advises that a Sequential Test does not need to be applied for applications for change of use. In this instance, the proposal involves residential development, which includes the change of use of land. Advice was sought from the EA on the refused application in respect of whether the Sequential Test should be applied. It was unable to confirm either way, although it indicated that as the part of the application site that falls within Flood Zones 2 and 3 relates only to the gardens and therefore change of use, it is considered that a Sequential Test cannot be insisted upon. Officers share this view and confirmed this position with the EA. However, it is noted that the precise extent of Flood Zones 2 and 3 are open to interpretation; the data held by the Council is clearly based upon notional zone boundaries that only follow straight lines aligned north-south and east- west. In view of this concern, officers contacted the EA for clarity. In that discussion it became clear that the EA’s main concern is about development within Flood Zone 3 and that the applicant submitted sufficient information in terms of their topographical survey of the site, to satisfy the EA that the buildings would be outside Flood Zone 3. The EA’s standing advice for Flood Zone 2 is effectively to have finished floor levels sufficiently high to protect the dwellings from flood water.

5.15 The appeal inspector in the decision letter on the earlier refusal for 5 dwellings on the site concluded that; “The proposal would not be unacceptable as regards (amongst other matters) “flood risk”

5.16 Given that the previous application was for a larger scale development it is considered that this reduced scheme will not have any greater impact and as such it is concluded that the proposed development will have no detrimental impact in terms of flooding.

Highway safety

5.17 The Highways Authority has not raised any objections. However, a number of conditions are recommended relating to surface water discharge, access construction requirements, visibility splays, highways safety improvement works, vehicle turning and parking, precautions to prevent mud on the highway and a construction management plan.

Residential amenity

Page 49 5.18 The relationship with existing properties, most notably on the opposite side of Front Street, would allow for a design to be achieved that would not be harmful to residential amenity. It is concluded, subject to detailed submissions at the reserved matters stage, that the proposed development is capable of compliance with the requirements of Development Policy DP1.

Conclusion

5.19 Application 17/02471/OUT was refused due to the siting and scale of the proposed development and the resulting impact on the form and character of the surrounding settlement. The application was subsequently dismissed at appeal.

5.20 This revised application greatly reduces the scale of the proposed development and confines it to the north western part of the site. It is considered that the reduced proposal complies with the requirements of the NPPF and Interim Policy Guidance by supporting local services and the vitality of rural communities, without harm to residential amenity or the character and appearance of the village.

6.0 RECOMMENDATION

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

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 all of the development hereby approved shall be begun before the expiry of whichever is the later of the following: i) Three 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 scale of the proposed dwellings; (b) the design and external appearance of each building, including a schedule of external materials to be used and (c) the landscaping of the site.

3. 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 highway together with a programme for their implementation have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The works shall be implemented in accordance with the approved details and programme.

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 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: (i) The details of the access shall have been approved in writing by the Local Planning Authority in consultation with the Highway Authority; (ii) The crossing of the highway verge and/or footway shall be constructed in accordance with the approved details and/or Standard Detail number E6; and (iii) The final surfacing of any private access shall not contain any loose material that is capable of being drawn on to the existing public highway. All works shall accord with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Page 50 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) until splays are provided giving clear visibility of 43 metres measured along both channel lines of Front Street from a point measured 2.4 metres down the centre line of the accesses. 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.

6. 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 until: (i) The details of the following off-site required highway improvement works, works listed below, have been submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority: (a) Provision of a 2 metres width footway along the site frontage, and pedestrian crossing points; (ii) An independent Stage 2 Road Safety Audit for the agreed off-site highway works has been carried out in accordance with HD19/15 - Road Safety Audit, or any superseding regulations, and the recommendations of the Audit have been addressed in the proposed works; and (iii) A programme for the completion of the proposed works has been submitted to and approved writing by the Local Planning Authority in consultation with the Local Highway Authority.

7. Unless otherwise approved in writing by the Local Planning Authority in consultation with the Highway Authority, the development shall not be brought into use until the following highway works have been constructed in accordance with the details approved in writing by the Local Planning Authority under condition number 6: (a) Provision of a 2 metres width footway along the site frontage, and pedestrian crossing points.

8. 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 in consultation with the Highway Authority: (i) Vehicular parking; and (ii) Vehicular manoeuvring and turning arrangements.

9. No part of the development shall be brought into use until the parking, manoeuvring and turning areas approved under condition number 8 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.

10. 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 in consultation with the Highway Authority. These facilities shall include the provision of wheel washing facilities where considered necessary by the Local Planning Authority in consultation with the Highway 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 in consultation with the Highway Authority agrees in writing to their withdrawal.

11. No development for any phase of the development shall take place until a Construction Method Statement for that phase has been submitted to, and approved

Page 51 in writing by, the Local Planning Authority in consultation with the Local Highway Authority. The approved Statement shall be adhered to throughout the construction period for the phase. The statement shall provide for the following in respect of the phase: (a) the parking of vehicles of site operatives and visitors; (b) loading and unloading of plant and materials; (c) storage of plant and materials used in constructing the development; (d) wheel washing facilities; (e) measures to control the emission of dust and dirt during construction; (f) HGV routing; and (g) the restriction of HGV movements around school opening and closing times.

12. The site shall be developed with separate systems of drainage for foul and surface water on and off site.

13. No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage , for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.

14. The development hereby approved shall be for no more than 2 dwelling units.

The reasons for the above conditions are:

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

2. To enable the Local Planning Authority to properly assess these aspects of the proposal, which are considered to be of particular importance, before the development is commenced.

3. In the interests of highway safety.

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

5. In the interests of road safety.

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

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

8. To ensure appropriate on-site facilities, in the interests of highway safety and the general amenity of the development.

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

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

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. In the interest of satisfactory and sustainable drainage

13. To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the foul sewer network

Page 52 14. In order that the scale and form of the proposed development is appropriate to the character of the area.

Informatives

1. You are advised that a separate licence will be required from the Local 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 the County Council's offices. The local office of the Local Highway Authority will also be pleased to provide the detailed constructional specification referred to in this condition.

2. An explanation of the terms used above is available from the Highway Authority.

3. There must be no works in the existing highway until an Agreement under Section 278 of the Highways Act 1980 has been entered into between the Developer and the Highway Authority.

4. The parking proposals shall cater for all types of vehicles that will use the site. The parking standards are set out in the North Yorkshire County Council publication 'Transport Issues and Development - A Guide' available at www.northyorks.gov.uk.

Page 53 This page is intentionally left blank Parish: Bedale Committee date: 7 February 2019 Ward: Bedale Officer dealing: Mrs H Laws 6 Target date: 15 February 2019

18/00016/FUL

Construction of two dwellinghouses At: Bancroft, 9 Firby Road, Bedale For: Penny Home Specialists Ltd

This application is referred to Planning Committee at the request of a Member of the Council

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The dwelling known as Bancroft is a substantial detached brick dwelling that is sited within its own grounds on land to the rear of existing dwellings on Firby Road. The dwelling has a dominant hipped roof with a gable protrusion to the front and rear and a single storey wing resulting in an L-shaped footprint.

1.2 The bungalows on Benkhill Drive bound the site to the east at a much lower ground level; the rear boundaries of dwellings fronting onto Firby Road bound the site to the west. The access road and the bungalows at numbers 5 and 7 Firby Road lie to the north; and to the south lies open space associated with Bedale Primary School.

1.3 Access to the site is from the eastern side of Firby Road along a driveway shared with the bungalows at 5 and 7 Firby Road. There are two driveways serving Bancroft; one to either side of the plot. It is proposed to use the existing access for the proposed development. The driveway to the eastern side would be used to serve Bancroft.

1.4 Bancroft lies on a raised ground level close to its southern boundary; a detached garage block lies on its western side, adjacent to the boundary with 17 Firby Road. The boundary with this dwelling includes a well-established hedgerow and mature trees within the garden of the neighbouring property.

1.5 It is proposed to construct two detached dwellings on the land that currently forms part of the domestic garden of Bancroft, along the western boundary of the property. Plot 1, closest to the access and driveway would be a bungalow with first floor accommodation in the roofspace served by dormer windows and a gable to the front elevation. The dwelling would be a four bedroom property finished in render and slate with some areas of cedar boarding to the walls. A new access would be provided directly from the shared driveway and a detached garage would be constructed in the front garden area.

1.6 Plot 2 would be positioned on the site of the existing garage block and would be a two storey dwelling with a single storey offshoot (including a double garage) resulting in an L-shape property. The dwelling would be in the style of a coach house with large openings to the ground floor and the first floor accommodation served by eyebrow dormers. The dwelling would be finished in brickwork with a slate roof. A rear single storey flat roofed section would be finished in cedar boarding. The existing western driveway would be used to serve this dwelling.

1.7 The originally submitted application included a dwelling on the eastern side of Bancroft, abutting the boundary with the Benkhill Drive bungalows. Concern was expressed regarding the development of this plot due to the difference in heights

Page 55 between the site and the existing bungalows and the harmful impact on residential amenity that could result from this proximity.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 07/01303/FUL – Construction of a detached dwelling; Refused 4 July 2007 on the grounds of (a) unsatisfactory visibility at the site access that would be prejudicial to highway safety; and (b) the distance between facing main elevations would be detrimental to the amenity of the adjacent residents.

2.2 08/00171/FUL – Revised application for construction of a dwelling and improvement works to existing vehicular access; Granted 15 April 2008.

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 DP8 - Development within Development Limits Development Policies DP32 - General design Development Policies DP33 – Landscaping Development Policies DP43 – Flooding and floodplains National Planning Policy Framework - published 24 July 2018

4.0 CONSULTATIONS

4.1 Parish Council – councillors would wish there to be a restriction on construction traffic between 8.00-9.30am and 2.30-4.00pm, as the site is close to all three of Bedale's schools.

4.2 Highway Authority – Following a speed survey, it has been confirmed by the applicant’s agent that traffic speeds on Firby Road are not low enough to reduce the visibility requirement under Manual for Streets Guidance. This therefore means the applicant would be reliant on a visibility splay which is under third party ownership. The Local Highway Authority recommends that Planning Permission is refused for the following reason:

The existing access, by which vehicles associated with this proposal would leave and re-join the County Highway is unsatisfactory since the required visibility of 2.40m metres x 43.00 metres cannot be achieved at the junction with the County Highway and the intensification of use which would result from the proposed development is unacceptable in terms of highway safety.

4.3 Ramblers Association – no objections

4.4 Environmental Health Officer– No objection; the risk of contamination affecting the development or end users is considered to be low.

4.4 Public comments – comments have been received from three local residents and are summarised as follows:

Page 56 • The proposed removal of the eastern hedgerow will reduce ground water uptake by the then absent Cypress hedge; • The presence of a building near the boundary with a roofline that runs north to south will discharge approximately half of the water collected by the footprint of the building towards the boundary; • The highway visibility to the north of the existing drive does not meet highway requirements and it would be inappropriate and unsafe to rely on a legally unenforceable offer from a nearby property owner to help resolve this problem; • For the avoidance of doubt, I would advise that the 5.5 metre area of land to the north of the drive leading to no. 9 is in (separate) ownership and at the present time we are not willing give any undertaking regarding visibility requirements involving this land; and • All access to Bancroft would be by the eastern access. Currently this is only used occasionally which causes little disruption. Should Bancroft become an independent dwelling there is a probability that a larger number of vehicles would be using the eastern access at regular intervals during the day. This would cause considerable nuisance of noise, mud splashes & dust as the driveway is only 2.2 metres from the bungalow.

5.0 OBSERVATIONS

5.1 The main issues to consider are: (i) the principle of the development in this location; (ii) the effect of the siting on the character and appearance of the surrounding area; (iii) the design of the proposed dwellings; (iv) impact on heritage assets; (v) the effect on the amenity of neighbouring residents; and (vi) highway issues

The principle of development

5.2 Development Policy DP8 is supportive of development within Development Limits where it meets the requirements of other relevant policies. The NPPF aims to create more sustainable patterns of development by focusing new housing development primarily in locations that are accessible by public transport to jobs, education, shopping, leisure and other services and facilities. The proposal is for the construction of a dwelling within the Development Limits of Bedale, which is defined as a Service Centre in the Core Strategy. The site is relatively close to the town centre and facilities such as schools, shops, church and leisure centre are within easy access; therefore it is considered to be within a sustainable location. The principle of an additional dwelling in this location is considered to be acceptable.

Form and character

5.3 Not all sites in such locations are suitable for development and consideration must be given to the layout and design and the potential impact of a proposal on features of acknowledged importance such as the form and character of the surrounding area. LDF Policy CP17 requires new development to respect the local context. Backland development is not always acceptable but in this instance there are several examples of such development within the immediate vicinity and this is an established characteristic of this part of Firby Road. The proposed development of two dwellings would not be out of context with the surroundings.

5.4 The proposed development is considered to respect the character of the local area and would result in a form of development that would accord with its surroundings in compliance with LDF Polices CP17 and DP32.

Design

Page 57 5.5 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.”

5.6 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 setting, promote local identity and distinctiveness and are appropriate in terms of use, movement, form and space.

5.7 The National Planning Policy Framework Planning 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.

5.8 The dwelling at Plot 1 would be similar to the dwelling approved for the site in 2008 and is similar to the existing style of bungalows and dwellings at numbers 5, 7 and 11A Firby Road. Although a relatively large scale bungalow it is fairly low in height and would not be out of place in this locality.

5.9 The dwelling at Plot 2 would be of a different style and would reflect the detailing of the existing dwelling at Bancroft. It has been designed with consideration of the proximity to the existing dwelling in mind and has the appearance of an ancillary coach house structure. The proposed dwelling would have an L-shaped footprint to set it within the corner of the plot adjacent to the boundaries in a similar position to the existing detached garage block, which is to be removed.

5.10 The design of the proposed dwellings, although of different styles, both reflect aspects of the immediate locality and would be in accordance with LDF Policies CP17 and DP32.

Heritage assets

5.11 The existing dwelling is not a listed building, nor are there any in the vicinity, and the application site does not lie within nor adjacent to the Bedale Conservation Area.

5.12 Bancroft has been assessed against the Council’s published criteria for assessing Non Designated Heritage Assets. The building is considered to meet the following criteria:

A. Age (usually more than 30 years old); and C. Representativeness (an unusual example of this type of architecture in the locality)

5.13 The building is of some historic and architectural merit thought to have been built in the 1930s; is considered to be a non-designated heritage asset and is therefore a feature of acknowledged importance. The NPPF in paragraph 184 requires Local Planning Authorities to recognise that heritage assets are an irreplaceable resource and conserve them in a manner appropriate to their significance. Paragraph 197 states that a balanced judgement will be required having regard to the scale of any harm or loss of significance of the heritage asset.

5.14 The significance of the dwelling is considered to be its aesthetic merit rather than its prominence as part of a wider area or its immediate setting. It is a relatively unusual style of dwelling for this locality, with features such as the steeply pitched roofs and intricate chimneys.

Page 58 5.15 The proposed development would lie within the garden of the existing dwelling and would therefore have the potential to impact on its setting. The proposed dwelling at Plot 1 would repeat the characteristics of the existing bungalows previously constructed within the original grounds of the property, whilst the proposed dwelling at Plot 2 would be viewed within the immediate setting of Bancroft and appear as an ancillary building. It is not considered that either dwelling would detract from the special qualities of the dwelling nor harm its setting. It is concluded that there would be no impact on the significance of the heritage asset.

Residential amenity

5.16 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 dwelling at Plot 1 would be relatively close to the boundary with the neighbouring property at 11A Firby Road but would be orientated having had regard to the positioning and openings within the existing property.

5.17 The dwelling at Plot 2 would lie close to the boundary with the dwelling at 17 Firby Road but the latter property has a large garden area and adequate separation would exist between the two dwellings to respect the amenity of both properties.

5.18 Adequate distance would remain between the existing and proposed dwellings and each would have sufficient amenity space for the residents. The proposed development would comply with the requirements of Policy DP1.

5.19 Currently Bancroft is served by two driveways and the use of the driveway at the western side avoids vehicular movements in close proximity to numbers 5 and 7 Firby Road. The proposal is to utilise the western driveway for the proposed dwellings and the eastern driveway would be the sole route for vehicles accessing Bancroft. Albeit currently in infrequent use, the driveway is already available to serve a single dwellinghouse and this would not change. In any event, it is not considered that the vehicle movements associated with a single dwelling would be excessive and would not significantly detract from residential amenity contrary to Policy DP1.

Highway safety

5.20 The proposed development would use the existing access onto Firby Road, which currently serves Bancroft and the two existing bungalows. The visibility at the access is substandard in a northern direction. The available visibility is 26m; the required visibility is 43m. The visibility splay crosses a neighbour’s land within which there is shrubbery. Although an indication has been received that the neighbour would undertake ongoing maintenance this would not be within the applicant’s control and could not be achieved in perpetuity.

5.21 Planning permission was granted in 2008 for the construction of a dwelling on the same site as Plot 1 but subject to conditions that were not achievable in practice.

5.22 The visibility splay could be protected if the owner of the property was willing to enter into a legal agreement protecting the visibility splay. This has been put to the applicant but has not been progressed as a means of protecting the visibility splay.

5.23 The Highway Authority considers this lack of control to be unacceptable and, as the reduced visibility results in an unsafe access for two additional households, refusal of the application is recommended on these grounds.

Page 59 6.0 RECOMMENDATION

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

1. The existing access, by which vehicles associated with this proposal would leave and re-join the County Highway is unsatisfactory since the required visibility of 2.40m metres x 43.00 metres cannot be achieved at the junction with the County Highway and therefore the intensification of use which that result from the proposed development is unacceptable in terms of highway safety and would be contrary to LDF Policies CP2 and DP4.

Page 60 Parish: Easingwold Committee date: 7 February 2019 Ward: Easingwold Officer dealing: Miss Ruth Hindmarch 7 Target date: 29 May 2018 (Extension of time agreement requested) 18/00597/FUL

Construction of a one bedroomed bungalow At: 32 Crabmill Lane, Easingwold For: Mr & Mrs Thornton

This application is referred to Planning Committee at the request of a Member of the Council.

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The application sites occupies most of the rear garden of 32 Crabmill Lane, Easingwold. The rear of the host property faces onto Central Avenue and the land to the rear of the application site forms the highway and a parking area. The site is bounded to the north by the adjoining property’s rear garden, to the south is a recently constructed single storey dwelling and to the west is the host dwelling and remaining garden area.

1.2 Crabmill Lane and Central Avenue are within a residential area to the south east of the Market Square in Easingwold.

1.3 The application seeks consent to construction a one bedroom detached property within the existing rear garden area of the host property. The dwelling would be a modest bungalow providing a bedroom, bathroom, kitchen and living area. Part of the garden area would remain part of the curtilage of the host dwelling and would measure approximately 6.8m in depth by 11.3m wide. The host dwelling would have access to one of the existing parking spaces within Central Avenue.

1.4 The proposed bungalow is shown to be constructed about 7.2m wall to wall from the rear of 32 Crabmill Lane.

1.5 Improvements have been sought in an attempt to overcome issues with the proposal relating to conforming with Nationally Described Space Standards, and outlook from the living areas within the dwelling. The proposed dwelling in the amended scheme has an internal floor area (internal face external wall to external wall) of 49.51sqm (increased from the initial proposal of 43.16 sqm). The NDSS requirement for a single storey one bedroom two person dwelling is 50sqm and an additional 1.5sqm of built in storage space.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

32 Crabmill Lane

2.1 16/01639/FUL - Single storey one bedroomed dwelling; Withdrawn

2.2 17/01629/FUL - One bedroomed bungalow; Withdrawn

33 Crabmill Lane

2.3 16/00410/FUL - Demolition of outbuildings and construction of a single storey one bedroom dwelling; Granted May 2016. This planning permission has been implemented.

Page 61 2.4 16/01902/FUL - Revised application for the demolition of outbuildings and construction of a single storey dwelling; Refused October 2016; dismissed at appeal.

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 CP17 - Promoting high quality design Development Policies DP1 - Protecting amenity Development Policies DP3 - Site accessibility Development Policies DP4 - Access for all Development Policies DP8 - Development Limits Development Policies DP10 - Form and character of settlements Development Policies DP32 - General design Development Policies DP33 - Landscaping National Planning Policy Framework – July 2018

4.0 CONSULTATIONS

4.1 Town Council – Wishes to see the application approved.

4.2 Highway Authority – No objections subject to conditions.

4.3 Yorkshire Water – No objections subject to conditions.

4.4 Environmental Health Officer – No objection.

4.5 Public comments – Three comments have been received stating support for smaller, more affordable homes. One objection has been received stating the garden is too small for a dwelling and will cause more congestion due to building work and cars of occupiers and the absence of pedestrian access through the site to Crabmill Lane.

5.0 OBSERVATIONS

5.1 The main issues to consider are: (i) the principle of the development; (ii) design and impact on the character of the area; (iii) impact on neighbouring properties; (iv) amenity of proposed occupiers; and (v) highway matters.

Principle of development

5.2 The site is within the development limits of Easingwold and located in a sustainable location, approximately 400 meters from the Market Place and all the services that are offered there. As such, the proposal is considered to be a sustainable location for new development and would comply with Policy DP8.

5.3 The principle of residential development in this location is therefore acceptable subject to other material considerations detailed below.

Design and impact on the character of the area

5.4 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.”

Page 62 5.5 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.

5.6 The National Planning Policy Framework Planning 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.

5.7 It is acknowledged the proposal consists of a modest sized dwelling which is low level and to some extent reflects the character of the recently constructed bungalow on the adjacent site however it is considered the scheme fails to achieve a high quality of design due to the previously largely undeveloped and open nature of this small site, leading to a loss of spaciousness and harmful to the visual amenity of the existing residential estate. Whilst the presence of the adjacent dwelling is acknowledged it is considered the addition of a further dwelling in this area would have an unacceptable impact on the visual amenity of the area. The space would appear cramped and dominated by development. It is acknowledged the applicant has amended the plans to ensure the dwelling does not sit further south than the host dwelling and thereby retains some views from the end of Central Avenue through to Crabmill Lane however the addition of a further dwelling in this location is not considered acceptable in terms of visual amenity and the impact on the quality of the residential character of the area.

5.8 It is noted throughout this report that there has been an approval for a similar dwelling on the adjacent site at the rear of 33 Crabmill Lane and the dwelling has now been constructed. However there are a material differences between these two applications; the application site at 32 Crabmill Lane is an open garden, that previously contained two domestic greenhouses and two small timber sheds. The rest of the site was an open garden. The rear garden of 33 Crabmill Lane had been largely occupied by a large scale outhouse/garage.

5.9 The neighbouring dwelling also looks out towards garden areas to the south and does not have built development within such close proximity as the proposed dwelling would at this site and does therefore have a better outlook. It is considered the presence of this approval does not set a precedent for similar schemes such as that proposed as part of this application. It remains that case that each application must be considered on its own merits.

Impact on neighbouring properties

5.10 The dwelling is located in close proximity to a number of dwellings. The site plans indicates the distance between the rear elevation and the host dwelling, 32 Crabmill Lane would be approximately 7.2m. The location plan shows the site size and a separation distance between the site boundary and the rear of 32 Crabmill Lane of about 5m. The depth of the rear garden of 32 Crabmill Lane would be shallow and have a cramped appearance. Regardless of whether the boundary is formed between the existing and proposed dwelling at 5m or 7.2m from 32 Crabmill Lane the scheme would not result in a good standard of private amenity space for future occupiers of the host dwelling. There are no windows proposed immediately adjacent to the boundary with the host dwelling and the patio doors that are positioned further back within the site could be screened by adequate boundary fencing. Privacy to both dwellings can be safeguarded, however it is considered the presence of the dwelling would impact upon the amenity of the occupiers of No.32 in terms of a much reduced sense of space and openness and the resulting overbearing impact.

Page 63 5.11 In terms of the recently constructed dwelling to the south, this contains an entrance door and small secondary window in the elevation that faces the application site. It is considered the presence of the proposed dwelling would not have such an undue impact that would warrant refusal.

5.12 The proposed dwelling would be located within close proximity to the boundary with 31 Crabmill Lane, the proposed dwelling would contain an entrance door and small bathroom window in this side elevation and it is not considered the impact in terms of overlooking would be significant. Given the siting of this neighbouring property it is not considered there would be a significant impact in terms of overbearing and overshadowing.

Amenity of proposed occupiers

5.13 The size of the dwelling has been increased but still falls 2sqm below the requirements in terms of Nationally Described Space Standards. The plans originally contained windows in the side elevation facing the recently constructed dwelling and it was considered this would not provide the required outlook for the proposed occupants. The drawings were amended to show the living room patio doors on the rear elevation facing the host property, set 3.3m from the boundary and approximately 10.5m from 32 Crabmill Lane. The outlook from this fenestration is less than ideal given the proximity to the boundary. The bedroom patio doors face south towards the boundary with the recently constructed dwelling and are set back from the boundary by approximately 6.0m and provide a better outlook however it is still less than ideal.

5.14 In terms of outside amenity space, the garden area provides approximately 35sqm however the shape of the space is not the most useable as it is a L shape. It is considered the amount of useable amenity space is limited but on balance would be acceptable if all other issues were acceptable.

Highway Impact

5.15 The submitted location plan shows the applicant owns three parking spaces/garage on Central Avenue and the proposed dwelling would have access to one of these parking spaces.

5.16 Access for the dwelling is to be off Central Avenue and so it would be reasonable to assume that any visitors requiring parking would park on Central Avenue, which is already congested by vehicles which adds to the oppressive appearance. To add a dwelling and additional parking to this area would have an unacceptable contribution to the existing situation, resulting in an area with is overdeveloped.

Conclusion

5.17 Whilst it is acknowledged the proposal would provide a smaller, more affordable property which is welcomed and the site offers a sustainable location in terms of proximity to the range of services and facilities offered in Easingwold; the site is too small to accommodate this dwelling and be able to offer an acceptable level of outdoor private amenity space to the host and proposed dwelling. The site is in a prominent position on Central Avenue and to grant permission on this open garden site would harm the character of the area and unacceptably reduce the green landscaping, which positively contributes to the overall impression of the area. The development would be visually intrusive in the street scene; therefore the proposed siting of the building would cause significant harm to the built environment. The scheme is considered to be contrary to the Hambleton Local Development Framework Policies CP1, CP17, DP1 and DP32.

Page 64 6.0 RECOMMENDATION

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

1. The development would result in a dwelling of cramped arrangement and appearance that does not respect the context of the site, fails to achieve a high quality of design and fails to secure the residential amenity of the occupiers of the host dwelling and neighbouring properties as required by Local Development Framework Core Strategy Policies CP1, CP17 and Development Policies DP1 and DP32.

2. The size of the proposed dwelling falls short of the requirements of the Nationally Described Space Standards and therefore is contrary to the provisions of the Local Development Framework Policies CP8, DP13 and the Size, type and tenure Supplementary Planning Document.

Page 65 This page is intentionally left blank Parish: Exelby, Leeming anCommittee date: 7 February 2019 Londonderry Ward: Bedale Officer dealing: Mrs H Laws 8 Target date: 15 February 2019

18/02120/OUT

Outline application with some matters reserved (access, landscaping & layout included) for the construction of 5 dwellings, domestic garages and the formation of a separate access and car park for the adjacent public house At: Land adjacent Green Dragon Inn, Exelby For: Mr George Howie

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 site lies on the western edge of the village and forms part of the land associated with the Green Dragon Inn, part of which is the current car parking facility and covers an area of 0.49 hectares. The northern end of the application site is an open green space; the south western corner of the application site is open fronted onto the highway and used for car parking; the south eastern corner of the site is also grassed but with some areas of hard surfacing.

1.2 Extensive landscaping lies along the front boundary and trees are positioned along the side and rear boundaries; a tree assessment has been received. The land slopes upwards slightly from the road.

1.3 It is proposed to construct five two storey detached dwellings on the larger area of land towards the north of the site. Three of the dwellings would have three bedrooms and two of the dwellings would have four bedrooms.

1.4 The matters for approval at this stage are access, landscaping and layout. The remaining matters, i.e. appearance and scale would be for a later application if this is approved.

1.5 The scheme proposes to construct two dwellings facing onto the main village street and the remaining three set further back within the site facing onto a cul de sac. All the properties would have vehicular access from the cul de sac.

1.6 The application also includes a proposal to create a formal car park to be used in association with the public house with 21 spaces, and a separate access from the village road. This would be at the southern end of the application site.

1.7 Many of the existing trees and hedges would be removed as part of the proposed scheme. A landscaping scheme indicating the position of replacement trees and hedgerows has been submitted.

1.8 The Green Dragon public house is listed as an Asset of Community Value.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 2/97/048/0324 - Outline application for the construction of a detached bungalow and domestic garage; Refused 21 July 1997.

3.0 RELEVANT PLANNING POLICIES

Page 67 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 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 - published 24 July 2018

4.0 CONSULTATIONS

4.1 Parish Council – No comments received.

4.2 Highway Authority – Visibility to the south east of the proposed public house car park access is currently obscured by vegetation to the frontage of the Green Dragon. It is recommended that the vegetation is removed to secure visibility leaving the public house car park access. Whilst visibility in this direction is sub-standard, the applicant is proposing to formalise the existing car park access/egress. Given the width and geometry of the carriageway at this location, it is highly unlikely that a vehicle would approach from the south east travelling on the north side of the carriageway and therefore it is considered that the visibility in this direction should not be an issue. The Local Highway Authority has concerns over the available parking associated with the Green Dragon public house during the construction phase of the residential site. Consequently a condition for the provision of parking for the pubic house prior to construction of the residential site has been included within the recommendation.

4.3 Yorkshire Water – no comments required.

4.4 Environmental Health Officer - No objection in principle, subject to a condition to secure investigation and remediation of any land contamination.

No information is included explaining how the potential for occupiers of the new properties to be disturbed by activities at the public house has been assessed and addressed. This is a matter which should be addressed should a full application be submitted.

4.5 Public comments – observations have been received from four local residents; two of whom object with their comments summarised as follows:

• Exelby has a 40mph limit through it and a number of complaints have been raised by local residents as this speed is often exceeded making it dangerous to a) cross the road and b) reverse off any of the 5 driveways currently on the B6285 (opposite the proposed site; • The introduction of five dwellings and the re-opening of the Green Dragon Public House will increase the volume of vehicles using the road through the village and until the excessive speeding complaint has been resolved there would be a higher than average chance of an "incident" occurring in that area; and

Page 68 • The new access would form a crossroads with the access site opposite, creating a hazardous situation, which would restrict the saleability of the existing dwelling in the future.

Two comments are in support of the proposed development and are summarised as follows:

• The development will aid the sustainability of the village and neighbouring communities, improving the viability of the pub and support existing local services; • The draft layout and streetscape are attractive and support and enhance the appearance of this part of Exelby. The proposed development will sympathetically extend the line beyond the pub but still falls short of the building line of the bungalows opposite; • Separation of the pub entrance and the entrance to the houses makes sense environmentally and socially. Two distinct entrances will make the road safer than the present free-for-all entry; • The pub gains a far superior, and far safer, car park; • The provision of modern, appropriately designed family houses will attract families to the village, which are acutely lacking at present; the demographic of Exelby is at the older end of the scale and the village would benefit from a younger influx to balance the demographic slightly and improve the long term sustainability of the village; and • A mixture of new, architecturally varied, houses as proposed on the plot, will vastly improve the appeal of the village.

5.0 OBSERVATIONS

5.1 The main issues for consideration in this case relate to (i) the principle of new dwellings in this location outside Development Limits; (ii) an assessment of the likely impact of the proposed dwelling on the character and appearance of the village and the rural landscape; (iii) community engagement; (iv) neighbour amenity; (v) the effect on the existing trees; and (vi) highway safety.

The principle of development

5.2 The site falls outside of Development Limits as Exelby does not feature within the settlement hierarchy defined within Policy CP4 of the Core Strategy. Policy CP4 states that all development should normally be within the Development Limits of settlements. 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). 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 support local services. Where there are groups of smaller settlements, development in one village may support services in a village nearby".

5.3 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 has brought in some changes and

Page 69 details how Hambleton District Council will now consider development in and around smaller settlements and has included an updated Settlement Hierarchy.

5.4 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:

5.5 In the settlement hierarchy contained within the IPG, Exelby is defined as an Other Settlement. To satisfy criterion 1 of the IPG the proposed development must provide support to local services including services in a village or villages nearby. However, the villages in question must be sufficiently close together to be able to cluster and have a good collective level of shared service provision in order to be a sustainable community.

5.6 The site lies within the village of Exelby in which there is the Green Dragon pub and it lies approximately 2km from the edge of Burneston, which is defined as a Secondary Village with facilities including a school, a pub and a church. Other economic benefits of the scheme include the short term boost to the rural economy during construction. It is considered that the proximity to Burneston allows Exelby to form a cluster that represents a sustainable community and therefore the proposed development satisfies criterion 1.

5.7 The proposed car park and its access are proposed to be provided immediately adjacent to the public house, at the southern end of the planning application site. The proposed development would replace the existing informal parking area to the side of the pub and there are no objections to its provision in this location. A condition is recommended to ensure that the car park is provided prior to the residential development as part of the proposed housing development would lie on the existing car park and could therefore result in no parking spaces being available for the pub.

Character and appearance of the village and the rural landscape

5.8 In order to draw support from the Council's adopted Interim Policy Guidance (IPG) proposals must be small in scale and provide a natural infill or extension to an existing settlement and also conform to other relevant Local Development Framework Policies.

5.9 Within the IPG small scale development adjacent to the main built form of a settlement "will be supported where it results in incremental and organic growth". It is important to consider the likely impact of the proposed development with particular regard to criteria 3 and 4 of the IPG. The main part of the application site lies beyond the built up part of the village and is an undeveloped field beyond the built up

Page 70 boundary of the village. The following detailed advice within the IPG is considered to be relevant:

"Proposals will be assessed for their impact on the form and character of a settlement. Consideration should be given to the built form of a settlement, its historical evolution and its logical future growth and how the proposal relates to this."

"Any detrimental impact on the character, appearance and environmental quality of the surrounding area should be avoided and development should not compromise the open and rural character of the countryside."

5.10 Although much of the application site is undeveloped its position is in line with, and opposite existing residential development. The site has more in character with the built form of the village than the rural landscape beyond. Most of the development in this part of Exelby is frontage development and therefore it would be anticipated that frontage development would be most appropriate in this location. The application site lends itself to development in depth, due to its well-defined boundaries and its close relationship to the public house and the village. The site does not appear as part of the rural landscape and the development of the entire site in depth, as a cul de sac, would not detract from the form and character of the village or from the character and appearance of the adjacent countryside.

5.11 It is considered that the development proposed, without the loss of rural landscape, would not be detrimental to the built form of the village. There would be no harmful impact to the natural, built and historic environment and is in accordance with these aspects of the IPG.

Community Engagement

5.12 Public consultation should be a genuinely meaningful exercise and must be guided by the Council's Statement of Community Involvement and paragraph 128 of the NPPF.

5.13 Paragraph 128 of the NPPF sets an expectation that developers should work closely with those affected by their proposals to evolve designs that take account of the views of the community. This is reflected in the Council's Statement of Community Involvement (SCI), which requires that communities are offered genuine choice and a real opportunity to influence proposals in consultation exercises. The NPPF states that proposals that can demonstrate this in developing the design of the new development should be looked on more favourably

5.14 In September 2018 a leaflet outlining the scheme was posted to 110 properties within and close to the village. The applicant received 10 responses, most of which were in support. The responses received were similar to those received by the Council and noted in Section 4.6 above.

Residential amenity

5.15 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 closest neighbours would be the two semi-detached bungalows that lie on the opposite side of the road and the proposed layout shows the position of the dwellings at Plots 1 and 2 would be directly opposite these bungalows. The distance between the properties would be approximately 21m between the front elevations of the existing and proposed dwellings and (subject to the final details of the design of the proposed development) it is not considered that this would have a harmful effect on residential amenity.

Page 71 5.16 The position of the dwellings within the application site is such that it would achieve satisfactory levels of separation to avoid overlooking and overshadowing. The effects of the proposed dwellings on the amenity of existing local residents would be properly assessed following the submission of a detailed reserved matters application but it is anticipated that an appropriately designed scheme would avoid overlooking or an overbearing aspect existing and new residents.

5.17 The proposed public house car park lies immediately adjacent to the side of Plot 1 and the side and rear of Plot 5. This close relationship could give rise to an adverse impact on the residential amenity of the proposed occupants as a result of noise disturbance, potentially at unsocial hours as the pub closes. The Council’s Environmental Health Officer recommends the submission of an assessment prior to the submission of a reserved matters application, together with details of how any concerns raised could be addressed. The agent has confirmed that a scheme of mitigation, (which could include acoustic fencing, landscaping, enhanced glazing specification and mechanical ventilation) will be submitted following an acoustic assessment. Given the relationship of the Public House to other nearby residential properties, it is considered appropriate to deal with this issue by way of condition.

5.18 The proposed development would therefore accord with LDF Policy DP1.

Effect on trees and hedgerows

5.19 LDF Policy DP30 states that “the openness, intrinsic character and quality of the District's landscape will be respected and where possible enhanced…the design and location of new development should take account of landscape character and its surroundings, and not have a detrimental effect on the immediate environment and on any important long distance views.”

5.20 A detailed tree assessment has been submitted with the application, which concludes that 2 trees are of a high quality and make a substantial contribution to the site and 8 trees are considered to be of moderate quality. A total of 19 trees within the application site need to be removed in order for the development to be undertaken; 16 of which are classified within the assessment as being of low value. Three of the trees to be removed are classified within the moderate category.

5.21 A total of 8 trees would be retained, two of which are fruit trees; their retention has been recommended for ecological reasons as they provide important wildlife habitat. New tree planting is proposed along the boundaries and within the site.

5.22 The existing hedgerows along the front and side boundaries of the site would be removed, which would have a greater impact on the appearance of the site due to the loss of lower level vegetation, which is apparent on the approach into the village from the north. The existing hedgerows are not considered to be of good quality and the proposed replacement landscaping includes new hedgerows around the perimeters and within the site, the latter to provide the boundaries to the individual plots.

5.23 Mitigation is recommended for the construction phase of the site and a condition is recommended to ensure tree protection measures are put in place.

5.24 It is considered that trees and hedgerows to be removed are of relatively poor quality and new planting is proposed to compensate and which would help to assimilate the new development into the village environment in accordance with Policy DP30.

Highway matters

5.25 The existing pub car park comprises an area of land informally used for parking and which is open along its length to the road. This means that cars can access the

Page 72 parking area along any part of its frontage; likewise egress can take place at any point. The provision of a formal access point would improve safety.

5.26 Amendments have been received to ensure that the visibility splay from the new cul de sac access would comply with the requirements for a 40mph speed limit. Notwithstanding the position of the proposed access opposite existing individual access points, the Highway Authority does not consider that the proposed development would give rise to highway safety issues; conditions are recommended.

6.0 RECOMMENDATION

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

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 scale, design and external appearance of each building, including a schedule of external materials to be used.

5. No above ground construction work shall be undertaken until a detailed landscaping scheme indicating the type, height, species and location of all new trees and hedgerows illustrated on drawing number S421 003E, has been submitted to and approved 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 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.

6. The development shall not be commenced until a plan has been submitted to and approved by the Local Planning Authority to show the positions and height of protective fences in respect of the retained trees, the areas for the storage of materials and the stationing of machines and huts, and the direction and width of temporary site roads and accesses.

7. The development shall not be commenced until tree guards, comprising chestnut pale fencing, at least 1.5 metres high have been erected on the perimeter of the branch spread of all the trees shown as being retained. The guards shall be

Page 73 maintained in position and in good order during the whole period of works on site. Works, including the removal or deposit of earth or other materials shall not be carried out within the tree guards without the prior consent of the Local Planning Authority.

8. No development shall take place until a noise assessment has been submitted to and approved in writing by the Local Planning Authority demonstrating the mitigation required to reduce the impact of the car park on the proposed dwellings at Plots 1 and 5. The scheme shall be fully implemented in accordance with the approved details prior to the first use of the development. The scheme shall thereafter be maintained in accordance with the approved details.

9. 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.

These details are required prior to construction or regrading because they could otherwise be compromised and in order to minimise the risk of abortive work being undertaken.

10. The following land contamination investigation, remediation and verification conditions must be addressed sequentially.

(a) The outcome of the investigations will indicate the further site investigation, remediation and verification that may be required. In all instances 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 a Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority before any further development occurs. (b) No development shall commence until a 'Phase 1' Preliminary Risk Assessment (including Desk Study, Site Walkover and Conceptual Site Model), having regard to current best practice, has been submitted to and approved in writing by the Local Planning Authority. (c) No development shall commence until a ‘Phase 2’ intrusive site investigation and risk assessment, having regard to current best practice, has been submitted to and approved in writing by the Local Planning Authority. (d) 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 unless the outcome of the ‘Phase 2 Investigation’ shows that remediation is not required. (e) No development shall commence until the approved remediation scheme has been implemented. (f) In the circumstances that remediation has been required the development shall not be occupied until a Verification Report, having regard to current best practice, has been submitted to and approved in writing by the Local Planning Authority.

Page 74 11. 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.

12. There shall be no access or egress by any vehicles between the highway and the residential site (except for the purposes of constructing the initial site access) until splays are provided giving clear visibility of 110 metres measured along both channel lines of the major road from a point measured2.40 metres down the centre line of the access road. The eye height will be 1.05 metres and the object height shall be 0.60m. Once created, these visibility areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

13. 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) vehicular and pedestrian accesses (including visibility splays from the public house access); (b) vehicular parking; and (c) vehicular turning arrangements.

14. Unless approved otherwise in writing by the Local Planning Authority, no construction or site clearance works to the residential aspect of the site shall be undertaken until the proposed public house access and associated car parking area has been constructed in accordance with the approved details. Once created these parking areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

15. 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.

16. 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) on-site parking capable of accommodating all staff and sub- contractors vehicles clear of the public highway; and (b) on-site materials storage area capable of accommodating all materials required for the operation of the site. The approved areas shall be kept available for their intended use at all times that construction works are in operation.

17. The permission hereby granted shall not be undertaken other than in complete accordance with drawings numbered S421 SK 001; and S421 003E received by Hambleton District Council on 3 October 2018 and 18 January 2019 unless otherwise approved in writing by the Local Planning Authority.

Page 75 18. Within the development hereby approved, three of the dwellings shall have three bedrooms or fewer and two of the dwellings shall have four bedrooms or fewer.

The reasons are:

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

2. To enable the Local Planning Authority to properly assess these aspects of the proposal, which are considered to be of particular importance, before the development is commenced.

4. 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.

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

6. In the interest of ensuring the continuing good health of the trees which make a significant contribution to the amenities of the area, in accordance with LDF Policies CP16 and DP30.

7. In the interest of ensuring the continuing good health of the trees which make a significant contribution to the amenities of the area, in accordance with LDF Policies CP16 and DP30.

8. To protect the amenity of adjacent residents in accordance with LDF Policy DP1.

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

10. To ensure safe development of the site and to protect human health and the environment in accordance with LDF Policies.

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

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

13. To ensure appropriate on-site facilities in the interests of highway safety and the general amenity of the development in accordance with LDF Policies CP2 and DP4.

14. 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 in accordance with LDF Policies CP2 and DP4.

15. 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.

16. To provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area in accordance with LDF Policies CP2 and DP4.

Page 76 17. 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.

18. In order that the size and type of units within the development are appropriate.

Informatives

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.

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.

2. The proposals required by condition 13 shall cater for all types of vehicles that will use the site. The parking standards are set out in the North Yorkshire County Council publication ‘Transport Issues and Development - A Guide’ available at www.northyorks.gov.uk.

Page 77 This page is intentionally left blank Parish: Kirklington-cum-Upsland Committee Date: 7 February 2019 Ward: Tanfield Officer dealing: Mrs H Laws 9 Target Date: 4 March 2019

18/01695/HYB

Hybrid Planning Application: (1) Full planning application for the construction of a visitor centre building, pavilion, formation of associated car park and provision of new access (2) Retention of the roadside building (former farmhouse/outbuilding range) for ancillary office and meeting purposes (3) Outline planning application for the construction of a replacement workers dwelling At: Heck Food Limited, Heck Q, Lime Lane, Kirklington For: Heck! Food Limited.

1.0 SITE DESCRIPTION AND PROPOSAL

1.1 The application site lies on the eastern side of the A6055 that lies parallel to the A1, and is close to the junction with the B6267 Masham Road. The site currently forms part of the Heck Food premises, granted planning permission in 2016 and operational for approximately two years. The site was previously occupied by a vacant farm covering an area of just over 1 hectare. The buildings on the site included the original farmhouse and a group of traditional brick farm buildings that were located immediately adjacent to the roadside. The food production building, incorporating warehousing and distribution elements, lies to the north. A proposed extension to this building is the subject of another item on this Committee Agenda.

1.2 The original farmhouse/outbuildings that remain are now occupied for ancillary uses associated with the business. The greater part of the original traditional farm buildings were in a poor state of repair and have been removed.

1.3 Two dwellings lie within the application site and were originally associated with the farm but are now occupied by Heck staff.

1.4 To the south of the application site lies the former Quernhow Café, which is within the Borough of Harrogate. Planning permission for that site to be used as a haulage depot, was granted in November 2017 (17/01712/FULMAJ) although is yet to be implemented.

1.5 Access to the site is from the B6267, approximately 330m to the west of the roundabout at the junction. A tarmacked road runs parallel to the Masham Road and the A6055 before reaching the car parking and servicing areas.

1.6 When planning permission was granted for the food production facility in 2016, planning permission was also granted for the creation of a visitor centre within the existing buildings adjacent to the farmhouse, including classroom space, an education workshop, office accommodation, a kitchen and refreshment area, and an outdoor play and picnic area and a separate building accommodating a staff gym. Access to this facility was also from the main entrance on the B6267. Much of this element of the permission has not been implemented due to the demolition of the majority of the traditional buildings.

1.7 The current planning application is a hybrid application with elements 1 and 2 being for Full Planning Permission and Element 3 being for Outline Planning Permission as set out below:

Page 79 (1) It is proposed to provide many of the approved facilities (as detailed within paragraph 1.4 above) within a new building. The structures comprise a curved roof timber clad structure with a green roof and an attached lean to roofed structure, also timber clad with a grey sheet roof. The building would be attached to an existing brick building by a linked staircase. The proposed uses would include restaurant (80 covers), retail area, kitchen, toilets with first floor staff facilities. A pavilion building of 60sqm is proposed to be constructed between the food production building and the car park to be used by visitor groups.

The site encroaches beyond the existing boundary into the adjacent agricultural field and therefore includes the change of use of agricultural land for the provision of car parking and outdoor space. A total of 60 car parking spaces would be provided and a lay-by to be used by coaches.

(2) Part of the original building that was approved for uses detailed within paragraph 1.4 above would be retained for use as an ancillary office and meeting room space.

(3) It is proposed to demolish one of the existing dwellings and reconstruct in a different position to be occupied by a staff member. The application is outline with all matters reserved. Details of access, appearance, landscaping, layout and scale would be for a later application if this is approved. The position of the building would be closer to the south eastern boundary of the site with the adjacent former Quernhow Café site.

1.8 The planning application includes the following documents:

• Design, Access and Heritage Statement • Planning Statement • Transport Note • Drainage Strategy • Landscaping Scheme • Preliminary Assessment of Land Contamination

2.0 RELEVANT PLANNING & ENFORCEMENT HISTORY

2.1 15/02213/FUL - Change of use of agricultural land, demolition of agricultural buildings, construction of new building for food production, warehouse and distribution purposes, change of use and extension of traditional building to provide visitor facility, staff gym and offices and construction of additional vehicular turning area for the relocation of the existing business; Granted 1 March 2016.

2.2 16/01008/FUL - Provision of sub surface drainage, attenuation pond and alterations to surface yard (in association with approved application ref no: 15/02213/FUL - Change of use of agricultural land, demolition of agricultural buildings, construction of new building for food production, warehouse and distribution purposes, change of use and extension of traditional building to provide visitor facility, staff gym and offices and construction of additional vehicular turning area for the relocation of the existing business); Granted 11 July 2016.

2.3 16/00926/MRC - Application for Variation of Condition 12 (now to be in accordance with location plan and drawings J3738-B-400 Rev D, J3738-B-202 Rev D, J3738-B- 203 Rev D) to previously approved application ref: 15/02213/FUL - Change of use of agricultural land, demolition of agricultural buildings, construction of new building for food production, warehouse and distribution purposes, change of use and extension of traditional building to provide visitor facility, staff gym and offices and construction of

Page 80 additional vehicular turning area for the relocation of the existing business; Granted 14 July 2016.

2.4 16/01620/MRC - Variation of condition 12 (approved plans) for planning consent: 15/02213/FUL. Change of use of agricultural land, demolition of agricultural buildings, construction of new building for food production, warehouse and distribution purposes, change of use and extension of traditional building to provide visitor facility, staff gym and offices and construction of additional vehicular turning area for the relocation of the existing business; Granted 31 October 2016.

2.5 17/00615/ADV - Application for Advertisement Consent to display one non-illuminated double sided totem sign, two illuminated double sided monument signs, one non- illuminated single sided free standing directional sign and three sets of illuminated high level wall mounted letters; Granted 31 July 2017.

2.6 17/01281/FUL - Construction of new vehicular access, driveway, parking and turning areas; Granted 29 August 2017.

2.7 18/02589/FUL - Construction of an extension to existing food production facility. Application not yet determined (included within this agenda).

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 CP15 - Rural Regeneration Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Core Strategy Policy CP18 - Prudent use of natural resources 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 DP25 - Rural employment Development Policies DP30 - Protecting the character and appearance of the countryside Development Policies DP32 - General design Development Policies DP34 - Sustainable energy Development Policies DP43 - Flooding and floodplains National Planning Policy Framework - published 24 July 2018

4.0 CONSULTATIONS

4.1 Kirklington with Sutton Howgrave Parish Council – No comments received.

4.2 Sinderby Parish Council – No comments received.

4.3 Wath & Conyers Parish Council - No comments received.

4.4 Highway Authority – Trip Generation figures have been provided. The supporting documents namely the Transport Note, Design and Access Statement and this supplementary note have been considered against the guidance in the NPPF, which states that development should only be prevented or refused on transport grounds where the residual cumulative impacts of the development are severe. Broadly, the results show that trip rates are expected to generate a worst-case of 60 two-way trips

Page 81 during each hourly period, plus a small number of additional coach movements. These trips are likely to occur during the weekday inter peak periods and at weekends, being outside of the highway network peak hours and is only likely to operate at capacity on a small number of days per year. The proposed development is therefore unlikely to have a significant impact on the local highway network and therefore does not provide a defensible reason for refusal of this application.

Whilst the Highway Authority offers no objections to the redevelopment there are some off-highway issues that need to be accommodated including an increase in road width; alteration to road markings; and repositioning of the boundary fence to provide the required visibility splay to the north. Conditions are recommended.

4.5 Highways England - No objection.

4.6 Ministry of Defence – No safeguarding objections.

4.7 Environmental Health Officer - This service has considered the potential impact on amenity and likelihood of the development to cause a nuisance and consider that there will be no negative impact. Therefore the Environmental Health Service has no objections.

4.8 Public comments – None received (expiry date for representations 7 February 2019.)

5.0 OBSERVATIONS

5.1 The issues to be considered to be (i) the principle of the development in this location; (ii) the economic impact; (iii) the effect of the new buildings on the character and appearance of the rural landscape; (iv) the design of the development; (v) the impact on residential amenity; and (vi) highway safety.

Principle of development

5.2 The site lies outside the Development Limits of any settlement and therefore an exceptional case must be made for development in this location. LDF Policy CP4 states that development outside of Development Limits will not be supported unless an exception can be demonstrated.

5.3 Paragraph 83 of the National Planning Policy Framework (NPPF) encourages support for a prosperous rural economy requiring planning policies to take a positive approach to sustainable new development. It also requires planning policies to support the sustainable growth and expansion of all types of business and enterprise in rural areas and to promote the development and diversification of agricultural and other land based rural business.

5.4 The Council has strategic objectives (adopted within the Core Strategy) based on the principles of sustainability. Strategic objective number 1 is to ensure that all development is sustainable, in the interests of existing and future population, and number 2 is to reduce the need for travel. These are key to the policy framework.

5.5 The Strategic Spatial Policy, adopted to meet the needs of local development sustainably, includes Policy CP1, which underpins the whole Plan. It includes as its main aims, together with community's housing economic and social requirements and protection of the environment, the minimisation of energy consumption and the need to travel.

5.6 Policy CP2 is very specific that development should be located to minimise the need to travel, and convenient access should be available to sustainable means of transport.

Page 82 5.7 Criterion (i) of LDF Policy CP4 allows development to be approved exceptionally where it is "necessary to meet the needs of ….enterprises with an essential requirement to locate in ….the countryside and will help to support a sustainable rural economy". The existing business, although operating on this site for only approximately two years, is well established. The proposed uses, such as the restaurant with retail and kitchen facilities, were granted permission with the original scheme in 2016 but with greater integration with the food production building, sharing the access and parking areas.

5.8 The proposed development proposes to create a separate access for the visitor centre; existing offices; and existing and proposed dwellings, directly from the A6055. This would therefore separate these elements from the food manufacturing element, which if subdivided and operated separately, would not comply with the criteria of Policy CP4 as it would not be essential that it be sited within this location.

5.9 Consideration therefore must be given to the requirement for the proposed use in this location, adjacent to the existing food production facility, rather than an alternative more sustainable location. The separation of the visitor centre element of the scheme from the food production site is principally for operational reasons, to provide a clear division between the staff and functional elements of the business from those related to visitors. The use is however more than a shop selling the applicant’s products and a café, it is complimentary to the business rather than separate, and requires proximity to the day to day activities undertaken within the factory. The proposed uses are ancillary to the main use rather than separate or parallel and have a functional connection that could not be provided remote from the main business operation. The applicant has agreed to the provision of a legal agreement to retain the development as ancillary to the host factory premises and as a single planning unit. The effect of this is that the new development could not be operated independently from the main factory unit.

5.10 Criterion (vi) of CP4 provides additional support for the proposed development as it permits exceptions to the normal control of development where a proposal would support the social and economic regeneration of rural areas.

Economic Impact

5.11 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.

5.12 It is considered that the contribution towards sustaining the economic benefits of the existing business is in accordance with the NPPF and is considered to be exceptional to meet the terms of the LDF Policies CP1, CP2 and the criteria of CP4.

5.13 The proposed development is mostly within the area previously approved for this purpose. An additional area of agricultural land would be incorporated into the development. Appropriate weight needs to be given to the loss of the agricultural land balanced against the benefits of the scheme; in this case the economic, social and environmental benefits of the proposed development.

5.14 On balance it is considered that the economic, social and environmental benefits identified in line with national and local policy justify the use of this site outside the Development Limits and the principle of the development is therefore acceptable.

Landscape and Visual Impact

Page 83 5.15 Policy DP30 (Protecting the character and appearance of the countryside) of the Development Policies DPD states that "the openness, intrinsic character and quality of the District's landscape will be respected and where possible enhanced…Throughout the District, the design and location of new development should take account of landscape character and its surroundings, and not have a detrimental effect on the immediate environment and on any important long distance views. The design of buildings, and the acceptability of development, will need to take full account of the nature and distinctive qualities of the local landscape… Where possible opportunities should be taken to add appropriate character and distinctiveness through the contribution of new landscape features…"

5.16 The site is close to the road with landscape features including a well-established roadside hedge and a tree screen to the west. The site is not prominent from the road due to the rising landform when viewed from the B6267 but is visible from stretches of the A6055. The existing building is clearly visible from this road and from the A1M. The site does not lie within an area of special landscape designation.

5.17 The proposed buildings would be viewed in the context of the existing food production building. Longer range views from the west would be seen against a backdrop of the existing development. The open space and car parking uses, which are the least harmful in the landscape, would lie within the area currently used as agricultural land, outside the existing boundaries of the site but would be less prominent from views outside of the site.

5.18 It is considered the proposed development would not detract from the rural character and appearance of the landscape and is in accordance with the advice within the NPPF and LDF Policies CP16 and DP30.

Design

5.19 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.

5.20 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.

5.21 The existing food production building is a large industrial style building, finished in galvanised steel cladding and composite wall panels. An element of brickwork has been included within the scheme. The design is functional and reflects its commercial use. The approved visitor facility was to be provided within the traditional buildings that were to be retained on site. As the majority of these buildings have been removed, it is now proposed to construct new buildings to accommodate the visitor centre and associated uses in an area that allows for division between the factory and visitor operations.

5.22 The proposed replacement building would not be in the form of a traditional farm building but would reflect elements of a rural structure in its scale, design and materials. The development would introduce a contemporary element that would not be out of place adjacent to the functional industrial unit but with details such as the curved and lean to roofs, the timber boarding and the large glazed openings, which reflect traditional characteristics.

Page 84 5.23 It is considered that the proposed development would respect the local context in an innovative and sustainably designed structure and is in accordance with LDF Policies.

Residential amenity

5.24 LDF Policy DP1 (Protecting Amenity) stipulates that all development proposals must adequately protect amenity, particularly with regard to privacy, security, noise and disturbance, pollution (including light pollution), odours and daylight.

5.25 The site incorporates two existing dwellings that formed part of the original farmstead, which are within the ownership of the applicant and are occupied by Heck staff. There could be a potential for some disturbance due to the proximity of these dwellings to the proposed use but there is already a significant degree of background noise due to the proximity of the A1 and A6055. It is not anticipated that any noise arising from the proposed use would be discernible above the noise levels of the adjacent roads to give rise to an adverse impact on amenity.

5.26 The proposed replacement dwelling would lie adjacent to the boundary with the approved, but not yet implemented, haulage depot. This could give rise to noise disturbance at unsocial hours, with wagons entering and leaving the site throughout the day and night. The proposed dwelling would be positioned approximately 25m closer to the boundary, which when balanced against the construction of a new dwelling compliant with modern insulation standards in order to mitigate against potential noise nuisance, would not result in a significantly greater impact on the amenity of the occupants. It is however recommended that a condition be imposed requiring the dwelling to be occupied by a staff member as it is such close proximity to the activities associated with the visitor centre.

5.27 It is not anticipated that the proposed use would have an adverse impact on the amenity of local residents that would be contrary to LDF Policy DP1.

Highway matters

5.28 The previously approved scheme included the use of the existing access from the B6267 for both the food production facility and the visitor centre element. The proposed development sees the creation of a new access direct from the A6055 for use by the proposed visitor centre element, the existing ancillary facilities and the existing and proposed dwellings. A total of 60 parking spaces are proposed on site for visitors together with adequate turning facilities for delivery vehicles.

5.29 A transport assessment has been submitted with the application and concludes that the impact of the development would not be severe (NPPF paragraph 109) and would not be expected to have a detrimental impact on road safety.

5.30 The Highway Authority has no objections to the use of the proposed access to serve the development subject to conditions.

6.0 RECOMMENDATION:

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

1. Part 1 of the development hereby permitted (visitor centre building, pavilion, formation of associated car park and provision of new access) shall be begun within three years of the date of this permission.

Page 85 2. Application for the approval of all of the reserved matters in respect of Part 3 of the development hereby approved (Outline planning application for the construction of a replacement workers dwelling) 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.

3. The development relating to condition 2 above shall not be commenced until details of the following reserved matters have been submitted to and approved by the Local Planning Authority: (a) the siting, design and external appearance of each building, including a schedule of external materials to be used; (b) the means of access to the site; (c) the landscaping of the site.

4. 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.

5. No above ground construction work shall be undertaken until a detailed landscaping scheme indicating the type, height, species and location of all new trees and shrubs, has been submitted to and approved 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 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.

These details are required prior to construction or regrading because they could otherwise be compromised and in order to minimise the risk of abortive work being undertaken.

7. The dwelling hereby approved shall not be occupied other than by a worker associated with the business operation undertaken within the adjacent food production building (and/or associated uses within the application site boundary) or a dependant of such a person residing with him or her, or a widow or widower of such a person.

8. The existing dwelling, known as The Bungalow, shall not be occupied other than by a worker associated with the business operation undertaken within the adjacent food production building (and/or associated uses within the application site boundary) or a dependant of such a person residing with him or her, or a widow or widower of such a person.

Page 86 9. No part of the development to which this permission relates shall be brought into use until the carriageway and any footway/footpath from which it gains access shall be constructed to base-course macadam level and/or block paved 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 any part of the development is brought into use.

10. Other than for the purposes of creating the temporary access no vehicles shall be allowed onto the construction site. Once created no vehicles shall access the site except via the approved temporary access. The access shall be constructed in accordance with details approved in writing by the Local Planning Authority for a minimum distance of 20 metres into the site. Any damage to the existing adopted highway occurring during use of the access until the completion of all the permanent works shall be repaired immediately. Before the development is first brought into use the highway verge/footway shall be fully reinstated in accordance with the scheme approved in writing by the Local Planning Authority.

11. 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.

12. 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: (i) The details of the access shall have been approved in writing by the Local Planning Authority; (ii) The access shall be formed with 10 metre radius kerbs, to give a minimum carriageway width of 6 metres, and that part of the access road extending 20 metres into the site shall be constructed in accordance with NYCC’s standards; (iii) Any gates or barriers shall be erected a minimum distance of 6 metres back from the carriageway of the existing highway and shall not be able to swing over the existing or proposed highway; (iv) That part of the access extending 20 metres into the site from the carriageway of the existing highway shall be at a gradient not exceeding 1 in 15; and (v) Provision to prevent surface water from the site/plot discharging onto the existing or proposed highway shall be constructed and approved in writing by the Local Planning Authority. All works shall accord with the approved details unless otherwise agreed in writing by the Local Planning Authority.

13. 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 215 metres measured along both channel lines of the major road A6055 Leeming Lane from a point measured 2.4 metres down the centre line of the access road. The eye height will be 1.05 metres and the object height shall be 2 metres. Once created, these visibility areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

14. 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 until: (i) The details of the required highway improvement works, listed below, have been submitted to and approved in writing by the Local

Page 87 Planning Authority; and (ii) A programme for the completion of the proposed works has been submitted. The required highway improvements shall include:

a. Removal of Continuous Edge of carriageway road marking fronting the access b. Provision of Give Way Road Markings and associated Traffic Sign c. Alteration to existing centre line road markings and road studs on A6055.

15. Unless otherwise approved in writing by the Local Planning Authority, the development shall not be brought into use until the following highway works have been constructed in accordance with the details approved in writing by the Local Planning Authority under condition number HC-12a: (a) Removal of Continuous Edge of carriageway road marking fronting the access; (b) Provision of Give Way Road Markings and associated Traffic Sign; and (c) Alteration to existing centre line road markings and road studs on A6055.

16. 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: (i) tactile paving; (ii) vehicular, cycle, and pedestrian accesses; (iii) vehicular and cycle parking; (iv) vehicular turning arrangements; (v) manoeuvring arrangements; and (vi) loading and unloading arrangements.

17. No part of the development shall be brought into use until the approved vehicle access, parking, manoeuvring and turning areas approved under condition number 15 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.

18. Notwithstanding the provision of any Town and Country Planning General Permitted or Special Development Order for the time being in force, the areas for parking spaces, turning areas and access shall be kept available for their intended purposes at all times.

19. No development for any phase of the development shall take place until a Construction Method Statement for that phase has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period for the phase. The statement shall provide for the following in respect of the phase: (i) the parking of vehicles of site operatives and visitors; (ii) loading and unloading of plant and materials; (iii) storage of plant and materials used in constructing the development; (iv) erection and maintenance of security hoarding including decorative displays and facilities for public viewing where appropriate; (v) measures to prevent mud and dirt on the highway; (vi) measures to control the emission of dust and dirt during construction; (vii) a scheme for recycling/disposing of waste resulting from demolition and construction works; and (viii) external lighting equipment positioned so as not to cause glare.

20. The permission hereby granted shall not be undertaken other than in complete accordance with drawing numbered P01A; P02B; P03B; P04A; P05B; P06B; P07A; EVO575/03; EVO575/04 received by Hambleton District Council on 10 and 17 August 2018, 5 December 2018 and 7 January 2019 unless otherwise approved in writing by the Local Planning Authority.

The reasons for the above conditions are:

Page 88 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 compliance with Section 92 of the Town and Country Planning Act, 1990.

3. To enable the Local Planning Authority to properly assess these aspects of the proposal, which are considered to be of particular importance, before the development is commenced.

4. 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.

5. 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 DP30.

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

7. To protect the residential amenity of the occupants of the approved dwelling in accordance with LDF Policy DP1.

8. To protect the residential amenity of the occupants of the approved dwelling in accordance with LDF Policy DP1.

9. In accordance with LDF Policies CP2 and DP4 and to ensure safe and appropriate access and egress to the premises, in the interests of highway safety and the convenience of prospective users of the highway.

10. In accordance with LDF Policies CP2 and DP4 and in the interests of both vehicle and pedestrian safety and the visual amenity of the area.

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

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

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

14. 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.

15. In accordance with LDF Policies CP2 and DP4 and in the interests of the safety and convenience of highway users.

16. In accordance with LDF Policies CP2 and DP4 and to ensure appropriate on-site facilities in the interests of highway safety and the general amenity of the development.

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

Page 89 18. In accordance with LDF Policies CP2 and DP4 and to ensure these areas are kept available for their intended use in the interests of highway safety and the general amenity of the development.

19. In accordance with LDF Policies CP2 and DP4 and in the interests of the safety and convenience of highway users.

20. 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. The works required by condition 9 may include replacing carriageway, kerbs, footways, cycleways and verges to the proper line and level. 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.

2. 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 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 condition 11.

3. There must be no works in the existing highway until an Agreement under Section 184 of the Highways Act 1980 has been entered into between the Developer and the Highway Authority which can be used to deliver upon the requirements mentioned above in conditions 13 and 14.

4. The proposals required by condition 15 shall cater for all types of vehicles that will use the site. The parking standards are set out in the North Yorkshire County Council publication ‘Transport Issues and Development – A Guide’ available at www.northyorks.gov.uk.

Page 90 Parish: Kirklington-cum-Upsland Committee Date: 7 February 2019 Ward: Tanfield Officer dealing: Mrs H Laws 10 Target Date: 4 March 2019

18/02589/FUL

Construction of an extension to existing food production facility At: Heck Food Limited, Lime Lane, Kirklington For: Heck Food Limited

1.0 SITE DESCRIPTION AND PROPOSAL

1.1 The application site is located on the eastern side of the A6055 which runs parallel to the A1, and is close to the junction with the B6267 Masham Road. The site was previously a vacant farm covering an area of just over 1 hectare but is now occupied by a food production enterprise incorporating warehousing and distribution elements following the original grant of planning permission in March 2016.

1.2 Access to the site is from the B6267, approximately 330m to the west of the roundabout at the junction with the A6055. A tarmacked road runs parallel to the Masham Road and the A6055 before reaching the buildings. The existing building has a floor area of approximately 2,140 sqm and a ridge height of 10.4m.

1.3 The planning permission granted in 2016 also included the provision of a visitor facility, staff gym and offices within the original farmhouse building and associated traditional outbuildings. Only part of this element has been implemented as some of the original buildings have been demolished. Offices occupied in association with the business are located within the existing farmhouse. This element lies outside of the application site boundary but is relevant to the other live planning application considered elsewhere on this agenda.

1.4 It is proposed to construct an extension to the principal factory building to create additional production space with associated facilities. The proposal requires the change of use of adjacent agricultural land, which would be incorporated into the site.

1.5 The footprint of the existing building is L-shaped and includes two storey floorspace of 2,140sqm. The proposed extension would also have an L-shaped footprint, almost mirroring the shape of the existing building but larger in terms of dimensions and floor area. The additional accommodation would include food production lines, storage, packaging and two additional loading bays (adjacent to the two existing loading bays). Ancillary space would be provided at first floor, similar to the existing floor plan to include staff and administrative facilities such as changing rooms, canteen and meeting rooms. The additional floorspace, over two floors, would be 3,226sqm. The ridge height of the proposed extension would be 10.8m. The extension would be finished in materials identical to the existing recently completed building.

1.6 External alterations to the site include the provision of hardstanding to extend the existing yard area and the provision of an additional car parking area, proposing 65 parking spaces. A total of 32 spaces would also be available within the existing car park. An access road is proposed to connect the main driveway to the new parking area at the western side of the site. Additional landscaping is proposed along the new boundary to the north and west but a detailed scheme has not been received.

1.7 The business has expanded significantly in recent years and currently employs 120 staff. A recent change in the business is the expansion into the production and sale of vegetarian and vegan products. These products are currently being produced at

Page 91 Leeming Bar Industrial Estate, from where the existing Kirklington enterprise relocated. The site at Leeming Bar comprises 5 starter units on a short term lease. The proposed extension would allow the meat based production to re-locate into the larger new facility within the extension with the non-meat based production moving from Leeming Bar into the existing Kirklington facility. It is not possible to undertake more integrated facilities between the meat and non-meat based production due to the risk of cross-contamination.

1.8 The planning application includes the following documents:

• Design, Access and Heritage Statement • Planning Statement • Flood Risk Report • Transport Note • Travel Plan • Preliminary Assessment of Land Contamination

2.0 PLANNING & ENFORCEMENT HISTORY

2.2 16/00926/MRC - Application for Variation of Condition 12 (now to be in accordance with location plan and drawings J3738-B-400 Rev D, J3738-B-202 Rev D, J3738-B- 203 Rev D) to previously approved application ref: 15/02213/FUL - Change of use of agricultural land, demolition of agricultural buildings, construction of new building for food production, warehouse and distribution purposes, change of use and extension of traditional building to provide visitor facility, staff gym and offices and construction of additional vehicular turning area for the relocation of the existing business; Granted 14 July 2016.

2.3 16/01008/FUL - Provision of sub surface drainage, attenuation pond and alterations to surface yard (in association with approved application ref no: 15/02213/FUL - Change of use of agricultural land, demolition of agricultural buildings, construction of new building for food production, warehouse and distribution purposes, change of use and extension of traditional building to provide visitor facility, staff gym and offices and construction of additional vehicular turning area for the relocation of the existing business); Granted 11 July 2016.

2.5 17/01281/FUL - Construction of new vehicular access, driveway, parking and turning areas; Granted 29 August 2017.

2.6 18/01695/HYB - Hybrid Planning Application -

(1) Full planning application for the construction of a visitor centre building, pavilion, formation of associated car park and provision of new access

Page 92 (2) Retention of the roadside building (former farmhouse/outbuilding range) for ancillary office and meeting purposes (3) Outline planning application for the construction of a replacement workers dwelling Application not yet determined (included within this agenda).

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 CP15 - Rural Regeneration Core Strategy Policy CP16 - Protecting and enhancing natural and man-made assets Core Strategy Policy CP17 - Promoting high quality design Core Strategy Policy CP18 - Prudent use of natural resources Core Strategy Policy CP21 - Safe response to natural and other forces Development Policy DP1 - Protecting amenity Development Policy DP4 - Access for all Development Policy DP9 - Development outside Development Limits Development Policy DP25 - Rural employment Development Policy DP30 - Protecting the character and appearance of the countryside Development Policy DP32 - General design Development Policy DP34 - Sustainable energy Development Policy DP43 - Flooding and floodplains National Planning Policy Framework - published July 2018

4.0 CONSULTATIONS

4.1 Kirklington with Sutton Howgrave Parish Council – No comments received.

4.2 Sinderby Parish Council - No comments received.

4.3 Wath and Norton Conyers Parish Council - No comments received.

4.4 Highway Authority - Conditions are recommended.

4.5 Highways England - No objection.

4.6 Environment Agency - no objection; the development should comply with the requirements of the Planning Practice Guidance and the Environment Agency’s Pollution Prevention Guidance Note.

4.7 Environmental Health Officer - The Preliminary Assessment of Land Contamination (PALC) form submitted in support of the development has not identified any potential sources of contamination and therefore the risk of contamination affecting the development or end users is considered to be low. No objection.

4.8 HDC Business & Economic Team - as Economic development, we are supportive of this application as it supports the growth and development of an existing business in the District and the associated increase in employee numbers. It also makes business sense to accommodate all the business on one site. Although this means losing a tenant from the food units at Leeming Bar, in due course it provides an opportunity for other businesses to start and grow.

4.9 Public comments – No comments received.

Page 93 5.0 OBSERVATIONS

5.1 The issues to be considered include (i) the principle of extending the existing development in this location; (ii) the economic impact; (iii) the effect of the extension on the character and appearance of the rural landscape; (iv) the design of the development; (v) the impact on residential amenity; and (vi) highway safety.

Principle of development

5.2 The site lies outside the Development Limits of any settlement. LDF Policy CP4 states that development outside of Development Limits will not be supported unless an exception can be demonstrated.

5.3 Paragraph 28 of the National Planning Policy Framework (NPPF) encourages support for a prosperous rural economy requiring planning policies to take a positive approach to sustainable new development. It also requires planning policies to support the sustainable growth and expansion of all types of business and enterprise in rural areas and to promote the development and diversification of agricultural and other land based rural businesses.

5.4 The Council has strategic objectives (adopted within the Core Strategy) based on the principles of sustainability. Strategic objective number 1 is to ensure that all development is sustainable, in the interests of existing and future populations, and number 2 is to reduce the need for travel. These are key to the policy framework.

5.5 The Strategic Spatial Policy, adopted to meet the needs of local development sustainably, includes Policy CP1, which underpins the whole Plan. It includes as its main aims, together with the community's housing, economic and social requirements and protection of the environment, the minimisation of energy consumption and the need to travel.

5.6 Policy CP2 is very specific that development should be located to minimise the need to travel, and convenient access should be available to sustainable means of transport. A travel plan has been submitted with the application with the aim of minimising the number of vehicle trips made by staff.

5.7 Criterion (i) of LDF Policy CP4 allows development to be approved exceptionally where it is "necessary to meet the needs of ….enterprises with an essential requirement to locate in ….the countryside and will help to support a sustainable rural economy". The existing business, although operating on this site for only approximately two years, is well established and the proposed extension would facilitate a significant expansion of the business operation. It would also be moving its operation from elsewhere within the District, making space available within the starter units at Leeming Bar for other smaller businesses. Criterion vi of CP4 also provides some support for the proposal as it permits exceptions to the normal control of development where a proposal would support the social and economic regeneration of rural areas.

5.8 Other LDF Policies, such as Policy CP15, are supportive of the retention or expansion of local rural businesses and the diversification of the rural economy outside of defined Development Limits but only in respect of small scale development. The proposed factory and production enterprise is large in scale and would not comply with these Policy requirements. However, it is recognised that the business is a well-established local business and employer that has outgrown its existing premises. The business requires a site in which to consolidate its activities, which can be achieved, in principle, on this site.

Page 94 Economic Impact

5.9 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.

5.10 There is no doubt, as expressed by the Council's Economic Development Officer, that the proposed development supports the growth and development of an existing business in the District and the associated increase in employee numbers and would give rise to local economic benefits. The business is a well-established company that is rapidly expanding and has outgrown its existing premises at the application site and at Leeming Bar.

5.11 It is considered that the contribution towards sustaining and expanding the economic benefits of the existing business is in accordance with the NPPF and would meet the criteria set out in Policy CP4.

5.12 The proposed development would result in the loss of agricultural land. Only a small additional area of agricultural land would be incorporated into the proposed development. Appropriate weight needs to be given to the loss of the agricultural land balanced against the benefits of the scheme; in this case the economic, social and environmental benefits of the proposed development.

Landscape and Visual Impact

5.13 Policy DP30 (Protecting the character and appearance of the countryside) of the Development Policies DPD states that "the openness, intrinsic character and quality of the District's landscape will be respected and where possible enhanced…Throughout the District, the design and location of new development should take account of landscape character and its surroundings, and not have a detrimental effect on the immediate environment and on any important long distance views. The design of buildings, and the acceptability of development, will need to take full account of the nature and distinctive qualities of the local landscape… Where possible opportunities should be taken to add appropriate character and distinctiveness through the contribution of new landscape features…"

5.14 The site is currently part of a field that lies adjacent to the existing food production building. The site is not prominent from the B6267 due to the rising landform but is visible from stretches of the A6055. Such a large extension would be clearly visible from this road and from the A1M but would appear as part of an established group of buildings and would not be overly dominant. The site does not lie within an area of special landscape designation.

5.15 It is considered the proposed development would not detract from the rural character and appearance of the landscape and is in accordance the advice within the NPPF and LDF Policies CP16 and DP30.

Design

5.16 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.

5.17 The National Planning Policy Framework supports this approach and, at paragraph 130, states that planning permission should be refused for development of poor

Page 95 design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

5.18 The proposed extension would significantly increase the size of the existing building providing additional processing, storage and staff facilities. The extension would be a large industrial style building, finished in galvanised steel cladding and green composite wall panels. An element of brickwork is also proposed. The design is functional and reflects the industrial and agricultural characteristics of the site.

5.19 Policy DP34 requires all developments above 1,000 sq. m to show that they have addressed sustainable energy issues, by reference to accredited assessment schemes and in the case of commercial developments must undertake an energy assessment and consider the feasibility of incorporating Combined Heat and Power schemes. Additionally there is a requirement that at least 10% of their energy requirements are from onsite renewable energy generation or otherwise demonstrate similar energy savings through design measures. The application includes solar and sustainable drainage and it is recommended that a suitably worded condition be applied in order to ensure that a suitable scheme is implemented should consent for the development be granted.

Residential amenity

5.20 LDF Policy DP1 (Protecting Amenity) stipulates that all development proposals must adequately protect amenity, particularly with regard to privacy, security, noise and disturbance, pollution (including light pollution), odours and daylight.

5.21 The site lies adjacent to two dwellings that originally formed part of the farmstead but are now separate. The dwellings lie within the area to the south of the food production facility and lies within the application site, which is the subject of another item on this agenda. The dwellings are occupied by staff associated with the business (to be controlled by condition attached to the visitor centre application elsewhere on this agenda) and although there could be a potential for some disturbance due to the proximity there is already a significant degree of background noise due to the proximity of the A1 and A6055. It is not anticipated that any noise arising from the proposed use would be discernible above the noise levels of the adjacent roads, or that any odours resulting from the development would give rise to a greater impact on amenity.

5.22 It is not anticipated that the proposed use would have an adverse impact on the amenity of local residents that would be contrary to LDF Policy DP1.

Highway matters

5.23 The proposed development would utilise the existing access that serves the business, which is direct from the B6267. A total of 65 additional parking spaces are proposed on site, together with adequate turning facilities for delivery vehicles.

5.24 A transport statement has been submitted with the application and concludes that the impact of the additional vehicle movements would not be severe and would not be expected to have a detrimental impact on road safety.

5.25 The Highway Authority has no objections to the use of the existing access to serve the development subject to conditions. Highways England, responsible for the A1(M), has no objection.

6.0 RECOMMENDATION:

Page 96 6.1 That subject to any outstanding consultations the application is GRANTED planning permission 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 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 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 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.

3. No above ground construction work shall be commenced until a detailed scheme to incorporate energy efficiency and/or renewable energy measures within the design- build which meet 10 percent of the buildings energy demand has been submitted to and approved in writing by the Local Planning Authority. Thereafter, the scheme shall be implemented and retained in accordance with the approved details.

4. The details within the submitted Travel Plan shall be implemented and thereafter retained unless with the prior written approval of the Local Planning Authority.

5. No part of the development shall be brought into use until the approved vehicle parking, manoeuvring and turning areas have been constructed in accordance with the submitted drawing (Reference P103A) and are available for use unless otherwise approved in writing. Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

6. 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) on-site parking capable of accommodating all staff and sub- contractors vehicles clear of the public highway; and (b) on-site materials storage area capable of accommodating all materials required for the operation of the site. The approved areas shall be kept available for their intended use at all times that construction works are in operation.

7. The permission hereby granted shall not be undertaken other than in complete accordance with drawings numbered P101; P103A; P106A; P107A; and P109 received by Hambleton District Council on 3 and 21 December 2018 unless otherwise approved in writing by the Local Planning Authority.

The reasons for the above conditions 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 soften the visual appearance of the development and provide any appropriate screening to adjoining properties in accordance with Local Development Framework Policy DP30.

3. In order to minimise energy demand, improve energy efficiency and promote energy generated from renewable resources in accordance with policy DP34 of the Hambleton Local Development Framework.

Page 97 4. In the interests of sustainable travel in accordance with LDF Policies CP1 and CP2.

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

6. In accordance with LDF Policies CP2 and DP4 and to provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area.

7. 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.

Page 98 Parish: Northallerton Committee date: 7 February 2018 Ward: Northallerton South Officer dealing: Mrs Tracy Price 11 Target date: 5 February 2019

18/02646/REM

Reserved matters application for seven dwellings At D Oakley Limited, 68 Romanby Road, Northallerton For Park Quadrant Homes

This application is referred to Planning Committee at the request of a Member of the Council

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The site is located a short distance from Northallerton town centre, within the development limits of Northallerton (with Romanby). It is currently occupied by a long established local joinery business. The agent advises that the business is moving to other premises within the town. The surrounding uses comprise mainly residential terraced buildings and a Christian centre, which accommodates a large scale detached building, which stands on the corner of the site, acting somewhat as a local landmark. The terrace buildings are sited close up to the pavements, although Springwell Terrace East and West extend perpendicular to the road to the west of the site. The one anomaly to terraced properties is a pair of semi-detached properties to the west of the site.

1.2 The existing buildings on the site reflect this historic form and layout of the development in the area. The traditional brick buildings sit hard up to the pavement, creating an internal courtyard area. The buildings are of some character and local interest. However, it was recognised that they are not best suited to modern day business requirements and are surrounded by residential uses when outline permission was granted for their redevelopment with housing in 2017.

1.3 The outline permission was for seven dwellings (17/01059/OUT). Approval is now sought for the reserved matters of access, appearance, landscaping, layout and scale for seven dwellings. All dwellings would face onto Springwell Lane in a terrace formation. The dwellings would be two storey with a room within the roof-space. At ground floor incorporating a lounge, kitchen, lobby and WC at first floor two bedrooms and a bathroom and within the roof-space a master-bedroom. All dwellings will have a private garden and bin area. The access to the site is maintained off Romanby Road with two access points. Two car spaces are allocated per dwelling. A new boundary fence would be located to the boundary shared with Springwell Terrace East along with landscaping along the Romanby Road and Springwell Terrace East elevation.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 17/01059/OUT - Outline application for the redevelopment of the site with seven dwellings; Granted 20 November 2017.

2.2 18/01024/REM - Reserved matters application for six dwellings as amended by plans received by Hambleton District Council on 24 and 28 August 2018, refused 22 October 2018. The reasons for refusal were:

1. The proposed scheme is considered to be an over-development of the site. The layout is considered to fail to accord with the requirements of Local Development

Page 99 Framework Policies CP17 and DP32 owing to the contrived arrangement in order to achieve the footprint of development proposed in the scheme.

2. The proposed development is considered to provide a poor quality of private amenity space for future residents and as such the proposed development is considered to fail to accord with the requirements of Local Development Framework Policies CP1 and DP1.

3. Owing to the limited capacity of nearby streets to provide suitable alternative parking provision, it is considered that the proposed on-site parking provision of less than 2 units per dwelling is unacceptable and harmful to the amenity of future residents and through the increased demand for off-site parking will be likely to harm the amenity of those in the vicinity of the 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 CP17 - Promoting high quality design Development Policy DP1 - Protecting amenity Development Policy DP3 - Site accessibility Development Policy DP4 - Access for all Development Policy DP8 - Development Limits Development Policy DP32 - General design Development Policy DP33 – Landscaping Development Policy DP43 - Flooding and floodplains Size, Type and Tenure of New Homes SPD - adopted September 2015 National Planning Policy Framework - published July 2018

4.0 CONSULTATIONS

4.1 Parish Council – No observations

4.2 Highway Authority – No objections subject to conditions

4.3 Yorkshire Water – No comment. However, the developer should note that Yorkshire Water would expect a minimum of 30% reduction from the current rate of surface water that enters the public sewer.

4.4 Environmental Health Officer – No objection. The land contamination report submitted in support of the development identifies potential significant risks from contamination such as hydrocarbons, metals, solvents and asbestos. The report recommends a Phase 2 site investigation is undertaken consisting of boreholes, soil sampling and analysis for a range of contaminants including metals, hydrocarbons, VOCs, SVOCs and asbestos. This is agreed and five conditions are recommended to ensure these works are carried out in order to deliver a safe development.

4.5 Natural England – No comments received.

4.6 Public comments – Three representations have been received. The representations can be briefly summarised as:

• Objection to the noise levels coming from the site during demolition, concrete breaking etc.; and

Page 100 • Two comments in favour of the proposed development.

5.0 OBSERVATIONS

5.1 The principle of residential redevelopment has already been established through the granting of outline planning permission 17/01059/OUT. Therefore the main considerations in the determination of this application are whether the details of the proposed development are suitable in terms of (i) design and form; and whether the development would have any detrimental impact on (ii) residential amenity; or (iii) highway safety.

5.2 The main issues to consider are: (i) design; (ii) amenity; (iii) landscaping; (iv) highway issues; and (v) protected species; and (vi) land contamination.

Design

5.3 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.’

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

5.5 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. Paragraph 128 sets an expectation that the 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.’

5.6 The submitted Design and Access Statement describes how alternative options have been considered and discounted, and the evolution of the design process is documented since the previous refusal decision at planning committee in October 2018. The site had outline planning permission for 7 dwellings with associated parking. The proposed physical form of the development is to be located to the Springwell Lane side of the site and will have a terrace form with south facing gardens which will back onto a courtyard parking area which then affords vehicular access onto Romanby Road.

5.7 The relative heights of the proposed houses, (comparative to Church House which is of a much larger scale than the pair of semi-detached dwellings to the west), effectively form a step in the ridge heights. The use of a hip detail to the roof adjacent to the pair of semi-detached properties helps to reduce the mass of the development. In addition, the proposed materials have been selected with reference to and in sympathy with surrounding development.

5.8 The layout of the site is relatively tight for 7 relatively large houses, along with private amenity space and car parking. The layout has been adjusted since the earlier refusal in order to improve access into the parking spaces, improve the relationship with existing neighbours and allow for an increase in landscaping. It is noted that the tight nature of the Romanby Road vista with buildings being close to each other

Page 101 across a tight road is better suited for the access to the site rather than the built mass of the development.

5.9 Overall, Officers are satisfied that the layout and design proposed is acceptable in this relatively urban environment, and will respect the local character in terms of scale, volume and massing.

Amenity

5.10 The buildings on Springwell Lane take their height reference from the adjacent buildings. The design and location of the buildings on the site ensures the visual amenity of neighbours is protected. It is considered that adequate separation distances are proposed between existing and proposed dwellings for the development not to have an overall adverse impact on residential amenity. As such, the proposal reflects the surrounding built form in accordance with Policy CP17, DP32 and DP1 of the Local Development Framework.

5.11 A third part representation raises concerns related to the building phase and potential disruption with traffic and noise issues. It is considered that the construction time- frame of a scheme of this nature is short term and conditions recommended by highways would ensure that the impact on highway safety is addressed. The hours of construction can also be controlled by condition to ensure building works are not to be carried out within unsociable hours.

Landscaping

5.12 It is considered that the increased depth from the footpath to the dwellings provides relief to the narrow street. The increased areas of landscaping to Romanby Road and the increased depth from the footpath on Springwell Lane, the agent states, are a direct result of local resident requests. The proposal is considered acceptable and typical of schemes within this urban locality and accords with Policy DP33 of the Development Polices Development Plan document which requires landscaping to be integrated within the design in order to contribute to a number of objectives including contributing to the character, appearance and sense of place.

Highway issues

5.13 The Highway Authority raises no objection subject to conditions relating to the appropriate visibility splay, precautions to prevent mud on the highway, on-site parking and storage during development and implementation of the access, parking and turning areas. It is considered that the scheme meets the requirements set out within DP3 meeting the minimum levels of car parking. It is also noted that the site is located within a short walking distance of Northallerton and it is therefore considered to be in a sustainable location that is highly accessible. Overall, it is considered that the parking provided is achievable and satisfactory.

Protected species

5.14 The application is accompanied by a bat report the findings of which include no evidence of bat roosting activity in buildings 1, 2 and 3. Buildings 4, 5 and 6 contain bat roosts with a maximum of 6 no. brown long eared bats. Based on the results of the survey it is considered unlikely that the buildings are used as a maternity roost but rather by male or non-breeding female bats as a transitional roost. Based on the results of the survey the bat roosts within the buildings are considered to be of low conservation importance and not significant to the favourable conservation status of bats in the local area. However, a European Protected Species Mitigation (EPSM) licence will be required in order to permit works which would result in the damage,

Page 102 destruction, or blocking of access to, a breeding site or resting place used by a European Protected Species (including all bat species).

5.15 Overall this proposal is not considered to detrimentally affect protected species and implementation can be suitably managed through the licence so as not to have a detrimental impact on biodiversity.

Land contamination

5.16 The application is also accompanied by a Contaminated Land Risk Assessment and the findings include that significant risks are considered to be evident in relation to the possible presence of hydrocarbons, metals, solvents and other contaminants from on-site sources. A Phase 2 investigation would therefore be needed. HDC Environmental Health Officer has assessed the report and confirms the report recommendations in that a Phase 2 site investigation is undertaken consisting of boreholes, soil sampling and analysis for a range of contaminants including metals, hydrocarbons, VOCs, SVOCs and asbestos. Five conditions have been recommended in relation to a risk assessment, phase 3 remediation strategy and a potential verification report to ensure these works are carried out in order to deliver a safe development. It is considered that the implementation can be suitably managed to ensure a safe development of the site and to protect human health and the environment.

Planning Balance

5.17 In terms of design, the proposed development is considered to respond positively to the character and appearance of the locality and will fit within the streetscape in terms of heights, design and materials. The layout of the site is tight but the proposed parking and amenity space is considered to be appropriate given the location and context of the site. Given the location of the site within the town and walking distance to amenities, this is considered a sustainable location and the necessity for on-site parking is considered to be lower than other sites further from amenities. The amenity of neighbouring occupiers has been considered throughout the application process in order to mitigate harmful impacts in terms of privacy and overshadowing. In conclusion, the proposed development is considered to be acceptable in this instance.

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) numbered SM1002(02)01,02,03,04,05,06,07,08,09 received by Hambleton District Council on 11th December 2018 unless otherwise approved in writing by the Local Planning Authority.

3. Prior to construction or alteration of above ground external surfaces commencing, details and samples of the materials to be used in the construction of the external surfaces of the development shall be made available on the application site for inspection and the Local Planning Authority shall be advised that the materials are on site. The materials shall be approved in writing by the Local Planning Authority.

4. Notwithstanding the provisions of any Town and Country Planning General or Special Development Order, for the time being in force relating to 'permitted development', no

Page 103 enlargement shall be carried out to the dwelling and no building or other structure shall be erected within or on the boundary of the curtilage of the dwelling hereby approved without express permission on an application made under Part III of the Town and Country Planning Act 1990.

5. 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.

These details are required prior to construction or regrading because they could otherwise be compromised and in order to minimise the risk of abortive work being undertaken.

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 in consultation with the Highway 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(es) to the site have been set out and constructed in accordance with the published Specification of the Highway Authority and the following requirements; (i) The crossing of the footway shall be constructed in accordance with the approved details and Standard Detail number A1; (ii) The final surfacing of any private access shall not contain any loose material that is capable of being drawn on to thex existing or proposed public highway; and (iii) Any gates or barriers shall be erected a minimum distance of 6 metres back from the carriageway and shall not be able to swing over the highway.

8. No part of the development shall be brought into use until the existing access on to Springwell Lane and the westernmost access onto Romanby Road has been permanently closed off and the highway restored. These works shall be in accordance with details which have been approved in writing by the Local Planning Authority in consultation with the Highway Authority. No new access shall be created without the written approval of the Local Planning Authority in consultation with the Highway Authority.

9. 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 43 metres measured along both channel lines of Romanby Road from a point measured 2 metres down the centre line of the access road.

Page 104 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 in consultation with the Highway Authority agrees in writing to their withdrawal.

11. Unless otherwise approved in writing by the Local Planning Authority, there shall be no HCVs brought onto the site until a survey recording the condition of the existing highway has been carried out in a manner approved in writing by the Local Planning Authority in consultation with the Highway Authority.

12. All doors and windows on elevations of the building(s) adjacent to the existing and/or proposed highway shall be constructed and installed such that from the level of the adjacent highway for a height of 2.4 metres they do not open over the public highway and above 2.4 metres no part of an open door or window shall come within 0.5 metres of the carriageway. Any future replacement doors and windows shall also comply with this requirement.

13. 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. on-site parking capable of accommodating all staff and sub- contractors vehicles clear of the public highway. b. on-site materials storage area capable of accommodating all 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.

14. No development for any phase of the development shall take place until a Construction Method Statement for that phase has been submitted to, and approved in writing by, the Local Planning Authority in consultation with the Local Highway Authority. The approved Statement shall be adhered to throughout the construction period for the phase. The statement shall provide for the following in respect of the phase: a. the parking of vehicles of site operatives and visitors, b. loading and unloading of plant and materials, c. storage of plant and materials used in constructing the development, d. erection and maintenance of security hoarding, e. Site operational hours considering the proximity of the nearby primary school.

15. 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 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.

16. The construction of the development hereby approved shall not be commenced until details of the foul sewage and surface water disposal facilities have been submitted to and approved in writing by the Local Planning Authority.

These details are required prior to the construction because they could otherwise be compromised and in order to minimise the risk of abortive work being undertaken.

17. No external lighting shall be installed other than in complete accordance with a scheme that has previously been approved in writing by the Local Planning Authority.

Page 105 18. No building works including excavation, breaking up of existing concrete or tarmac areas, demolition works, piling operations, external construction works in general shall be carried out except between 0700 hours and 2100 hours Monday to Friday, 0700 hours to 1700 hours Saturday and there shall be no such work on Sunday or on any public holidays.

19. The following land contamination investigation, remediation and verification conditions must be addressed sequentially. The outcome of the investigations will indicate the further site investigation, remediation and verification that may be required. In all instances 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 a Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority before any further development occurs. (See Notes for Applicant CL2 and CL4)

20. No development shall commence until a ‘Phase 2’ intrusive 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)

21. 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 unless the outcome of the ‘Phase 2 Investigation’ shows that remediation is not required. (see Note for Applicant CL4)

22. No further development shall commence until the approved remediation scheme has been implemented.

23. In the circumstances that remediation has been required the development shall not be occupied 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)

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 Policy(ies) CP1, CP2, CP4, CP16, CP17, DP1, DP8, DP32

4. The Local Planning Authority would wish to retain control over the extension of this development in the interests of the appearance of the site and to control the size of the property in accordance with Local Development Framework Policy CP1, DP1, CP17 and DP32 and to ensure it remains of a size that is commensurate to the holding which it serve

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

Page 106 6. In accordance with policy CP2 and in the interests of highway safety

7. In accordance with policy CP2 and 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. In accordance with policy CP2 and in the interests of highway safety.

9. In accordance with policy CP2 and in the interests of road safety.

10. In accordance with policy CP2 and to ensure that no mud or other debris is deposited on the carriageway in the interests of highway safety.

11. In accordance with policy CP2 and in the interests of highway safety and the general amenity of the area.

12. In accordance with policy CP2 and to protect pedestrians and other highway users.

13. In accordance with policy CP2 and to provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area.

14. In accordance with policy CP2 and to provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area.

15. In order to soften the visual appearance of the development and provide any appropriate screening.

16. In order to avoid the pollution of watercourses and land in accordance with Local Development Framework CP21 and DP43

17. In order that the Local Planning Authority can consider the impact of the proposed lighting scheme and avoid environmental pollution in accordance with Local Development Framework Policies CP1 and DP1.

18. In order to protect the amenities of residential property in the locality.

19. To ensure safe development of the site and to protect human health and the environment.

20. To ensure safe development of the site and to protect human health and the environment.

21. To ensure safe development of the site and to protect human health and the environment.

22. To ensure safe development of the site and to protect human health and the environment.

23. To ensure safe development of the site and to protect human health and the environment.

Informatives

1. Detailed site investigations with regard to land contamination 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

Page 107 potentially contaminated sites – Code of Practice" and BS5930: 1999 “Code of practice for site investigations”, and the National Planning Policy Framework (NPPF) 2012.

2. 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 Developers, Landowners and Consultants "Development on Land Affected by Contamination", version 8.2 February 2017. 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.

3. 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 (YALPAG 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.

Page 108 Parish: Shipton Committee date: 7 February 2019 Ward: Easingwold Officer dealing: Miss Charlotte Cornforth 12 Target date: 11 February 2019

18/02371/OUT

Demolition of Shipton Methodist Church and Hawthorn Cottage and the construction of two dwellings with associated infrastructure (access and layout to be considered) At Methodist Church, Main Street, Shipton By Beningbrough For Mrs S Hodgson

This application is referred to Planning Committee as the application is a departure from the Development Plan as part of the site lies outside Development Limits.

1.0 SITE, CONTEXT AND PROPOSAL

1.1 The application site currently comprises a two storey cottage known as Hawthorn Cottage and a single storey 1950s brick built Methodist Church. The site is approximately 115 metres in length and 17.5 metres in width. The site is a long rectangle with a frontage onto Main Street of 16 metres.

1.2 The site is bounded to the south by the Grade II listed building of ‘The Old School’ forming two residential dwellings of School Cottage and The Old School (two storey dwellings) and the north by Highfield House (a three storey dwelling). To the west is Main Street and to the rear there is area of enclosed grass land with some tree and hedgerow planting on the northern and southern boundaries. Beyond that is a field.

1.3 The site is located relatively central within the village of Shipton by Beningbrough to the east side of the Main Street (the A19). The village of Shipton is defined as a Secondary Village within the settlement hierarchy, making it a sustainable location. The agent has provided details of the amenities and facilities in the village and these include:

• The Anglican Church; • Forest of Galtres Anglican Methodist Primary School; • St Catherine’s Care Home; • Dawnay Arms Public House; • Community Centre; • Bowling Green; • Children’s Play Area; • Sports Field; and • Bus links to York, Easingwold and outlying villages.

1.4 Vehicular access to the site is via the existing vehicular access to the site serving car parking for the cottage and Church. This access is also used by the Old School to the south of the side. Currently, the western section of the site is used for car parking associated with the Church and Hawthorn Cottage.

1.5 The proposal seeks outline consent for the demolition of Shipton Methodist Church and Hawthorn Cottage and the construction of two dwellings with associated infrastructure.

1.6 The matters of detail for approval at this stage are access and layout. The remaining matters, i.e. appearance, landscaping and scale would be for a later application if this is to be approved.

Page 109 1.7 The submitted layout shows two detached dwellings. The agent has advised that Plot one would be a four-bedroom, two-storey dwelling with a gross internal floor area of 160 square metres, with Plot 2 being a three-bedroom bungalow with a gross internal floor area of 80 square metres.

1.8 A single storey, three bay garage detached building is proposed on the land between the plots, on the northern boundary. This is following the demolition of a small outbuilding. Plot 1 would have two garages and two car parking spaces to the front of these garages. Plot 2 would have one garage space, a car parking space in front of the garage and a further car parking space to the south of the gable of the plot and two car parking spaces.

1.9 The dwelling, Hawthorn Cottage, and the front third of the Methodist Church building are within Development Limits, however the rear two-thirds of the Church is outside Development Limits. The whole of the site lies within the inset in the York Green Belt. The proposed dwelling and garage Plot 1 are within Development Limits, the dwelling and garage on Plot 2 are outside Development Limits.

1.10 Amendments were sought during the course of the application. The amendments made increase the number of car parking spaces for the plots so that plot 1 has 2 garage and 2 surface parking space and plot 2 has 1 garage and 2 surface spaces, this is an additional garage and parking space for plot 1.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 77/1603/FUL - Extension to existing Church for use as a school room; Granted 1977.

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 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 - published 24 July 2018

4.0 CONSULTATIONS

4.1 Parish Council – Object for the following reasons:

Page 110 • There are concerns regarding implications for traffic going in and out of the shared drive as there is bike lane on path to consider and cars are often parked on the road in that area making exiting the drive difficult visually; • With regards to the shared access drive there were queries about how this would work, and how vehicles would turn before exiting so they did not have to reverse onto the A19; • The PC also wants to ensure that the bench in front of the church is considered. The PC would like it to remain in situ and request that the boundary reflects this; and • The PC would also like to know what the future plans for the rest of the plot west of the proposed properties is. [Officer note: reference is expected to say east, rather than west]

4.2 Highway Authority – no objection to the proposal, subject to suggested conditions regarding the discharge of surface water, visibility splays, the provision of access, turning and parking areas, precautions to prevent mud on the highway and on-site parking and storage during construction

4.3 Environmental Health Officer - The applicant/agent has not identified any potential sources of contamination on the form and therefore the risk of contamination affecting the development or end users is considered to be low. Therefore, no objection.

4.4 Yorkshire Water – recommend conditions in terms of there being separate systems of drainage for foul and surface water on and off site.

Also notes that there are no public surface water sewers are available in the vicinity of the site. However, they note from the application details that surface water will drain via soakaway. No remark is made about any restriction over disposal of foul sewage to the foul sewer.

4.5 RAF Linton on Ouse – No safeguarding objection.

4.6 Public comments – 16 letters of objection have been received regarding the original proposal and following the re-consultation on the amended plans. A summary of the objections are:

• Private rights of access must be maintained during construction • Impact on the amenity of neighbours’ loss of privacy and loss of quality of residential environment • The site should be retained to provide parking space that reduces on-street parking • Double yellow lines to prevent obstruction • Impact during building works, hours, noise, dust • Hawthorne Cottage should be retained to save its character • Site was gifted and should be used for affordable housing or a peace garden • Loss of a community hall used for a range of functions, community café, youth club, yoga classes etc.

5.0 OBSERVATIONS

5.1 The main issues to consider are: (i) the principle of development, including the demolition of Hawthorne Cottage, demolition of the Methodist Church, the loss of the community facility and construction of a dwelling; (ii) the impact on the character of the village (iii) heritage assets (iv) housing, size, type and tenure; (v) residential amenity; (vi) highway safety; (vii) flood risk and drainage and; (viii) land contamination.

Page 111 The principle of development – the demolition of Hawthorn Cottage

5.2 The existing dwelling of Hawthorne Cottage is located within the Development Limits of Shipton by Beningbrough where residential development is acceptable in principle in accordance with Policy DP8.

5.3 In accordance with Policy DP8, new development should be sympathetic in scale and location to the form and character of the settlement.

5.4 The existing dwelling is a small two storey detached dwelling with a cement rendered façade under a concrete tiled roof. It is considered that the existing bungalow is not a distinct or high quality example of architecture.

5.5 Layout is to be considered at this outline approval stage and Plot 1 where the replacement dwelling will be sited retains the building line of the village. However, it does extend wider on the frontage than the existing dwelling and careful consideration needs to be given to the impact of demolition and new development upon the Grade II listed building of The Old School to the south of the site that will be discussed later in the report.

5.6 It is considered that the plot is capable of accommodating a two storey dwelling, given that the existing dwelling is two storey. However, the overall scale and appearance will be considered as part of the reserved matters scheme. The agent has suggested that the dwelling will be constructed from brick and clay pantiles which are a significant improvement on the existing materials of cement render and a concrete tiled roof. The overall building material in the area is brick.

5.7 It is considered that the principle of demolishing Hawthorn Cottage and building a two storey dwelling is acceptable in this instance.

The demolition of the Methodist Chapel

5.8 The existing Church was built in 1955 and is constructed from brick with a tiled roof. It is considered that the existing Church is not a distinct or high quality example of architecture. The agent has advised that the building is outdated and is in need of significant repair and refurbishment.

The loss of the community facility

5.9 The Methodist Church is regarded as an existing community facility. Policy DP5 (Community facilities) states:

Proposals that will lead to the loss of community facilities will only be permitted if:

• There is a demonstrable lack of community need for the facility, and the site or building is not needed for an alternative community use; or • Retention of the community facility is clearly demonstrated not to be financially viable when operated either by the current occupier or by any alternative occupier; or • An alternative facility is provided, or facilities are combined with other facilities, which meets identified needs in an appropriately accessible location.

5.10 The supporting statement advises that regular worship at the Methodist Church ceased in 2013. The supporting statement further advises the following:

• An ageing congregation and a lack of new members has resulted in the Church no longer being used for regular worship since 2013;

Page 112 • The Methodist Church have explored alterative uses for the building including its use by Church members as an outreach project, but the religious philosophy was not always embraced by the community; • The use of the Church as a non-religious community facility is no longer viable as the community centre already provides this role for people of the village; • The closure of the building as a place of workshop is regrettable but the village is blessed by having the Anglican Church at its heart; and • There are Methodist Churches in the outlying district at Easingwold, Haxby, Clifton, Huby, Stillington, Husthwaite and Sheriff Hutton which are all within easy travelling distance of Shipton by Beningbrough (by car and some by public transport)

5.11 In light of the above, and noting the lack of comment from the Parish Council or others about the loss of the community facility it is considered that there is no demonstrable evidence of need for the facility. Whilst it is also noted that the closure of the church for worship in 2013 occurred there has not been a significant need for the continuing use of the building or site for community use as a church or for other community uses. The test of Policy DP5 i) is met; as only one criteria of DP5 is required to be met, so the requirements of DP5 overall are therefore satisfied. Additionally the Church has found that the use of the building as a community facility is not financially viable and, the community centre on the northern edge of the village fulfils the community needs of the village and the Anglican Church has welcomed the Methodist Church members.

5.12 It is considered that the proposal satisfies the requirements of Policy DP5 and whilst regrettable to local residents, there are no planning reasons to resist the proposal for the Methodist Church to be demolished in this instance.

The construction of one dwelling in place of the Methodist Chapel

5.13 In terms of housing development, 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.

5.14 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:

5.15 Within the settlement hierarchy contained within the IPG, Shipton by Beningbrough is defined as a Secondary Village and therefore is considered a sustainable location for development; satisfying criterion 1 of the IPG that proposed development must

Page 113 provide support to local services including services in a village or villages nearby. Whilst the development will reduce the range of services available the proposal will be able support the remaining services.

The character of the village

5.16 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 one dwelling under this guidance and it is therefore considered small in scale as the IPG refers to small scale comprises up to five dwellings.

5.17 With regard to Plot 2, a single storey dwelling to replicate the existing scale of the Methodist Chapel is considered acceptable without causing harm to the setting of the village.

5.18 Criterion 3 states that development must not have a detrimental impact upon the natural, built and historic environment. By virtue of the siting of the proposed dwelling and the landscape features that are to be retained, notably the trees on the northern and southern boundaries of the site to the rear of Plot 2, the proposal is considered not to have a detrimental impact upon the character or appearance of the natural or built environment. There is no recorded heritage or ecological interest in the site. Consideration needs to be given to the impact of development upon the Grade II listed building to the south of the site ‘The Old School’ that will be discussed in the next part of this report.

5.19 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. The agent has shown a notional rear building line on the submitted drawings and whist a very small element of the built form of Plot 2 encroaches beyond this to the east, it is considered that the development will not encroach into the open countryside to the east.

5.20 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.

Heritage assets

5.21 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. Considerable importance and weight is to be given to these issues in applying the balancing exercise in reaching a decision on the case.

5.22 To the south of the site is a heritage asset; the Grade II listed building of The Old School. It has been converted from an educational use to two private dwellings; The Old School and School Cottage. The site is not within or close to a Conservation Area.

5.23 The significance of the building lies with its historic value as a former school and aesthetic value, with its decorative features. These features include the northern gable, with a decorative external chimney with tall brick stacks and stone quoin details, water-tabling, kneelers, stone door and window surrounds, ornate door hinges and bracketed clock.

5.24 The development will result in the built form being closer to the northern gable of the School Cottage. However, the driveway between will remain and maintain the gap so

Page 114 that there will still be clear public vantage points of this gable. The diminutive dwelling, Hawthorne Cottage and the inferior external materials do not contribute to the quality of the area. There is potential to enhance the overall quality of the area by introducing development of a high quality in terms of building materials.

5.25 It is considered that the proposal will not have a harmful impact upon the setting of the Grade II listed building. The proposal therefore meets the requirements of the Act, the LDF Policy and the NPPF.

Housing size, type and tenure

5.26 The submitted layout shows two detached dwellings. The agent has advised that Plot 1 would be a four-bedroom, two-storey dwelling with a gross internal floor area of 160 square metres, with Plot 2 being a three-bedroom bungalow with a gross internal floor area of 80 square metres.

5.27 There is a shortage of bungalows across the District and the provision of one in this case is welcomed. The detail proposals will be required at the Reserved Matters stage and will be tested against the prevailing policy at that time. A condition can be imposed to require compliance with the policy and Supplementary Planning Document relating to size, type and tenure.

Residential amenity

5.28 It is considered that the site is capable of accommodating two dwellings without prejudicing residential amenity, particularly that of Highfield House, School Cottage and the Old School. Highfield House is a three storey dwelling and The Old School is a two storey dwelling. Plot 1 is envisaged to be two storey like the existing dwelling of Hawthorn Cottage and Plot 2 single storey like the existing Church. Plot 1 would be closer to northern gable of The Old School in terms of built form. However, it is likely that the principal outlooks for this dwelling will be to the east and west and not towards the northern gable of School Cottage. There are no windows on the northern gable of the School Cottage.

5.29 The development as a whole is resulting in a net gain of 1 residential dwelling, but this is replacing a community facility where there would have been activity in terms of cars and pedestrians. This activity may not be as frequent as a dwelling in terms of daily activities in the form of cars and occupiers, however, it is important to note that the site is not currently a piece of land with no use.

5.30 The issue of residential amenity particularly privacy is to be addressed at the reserved matters stage. There is no reason to conclude at this stage that the scheme would result in an overbearing presence or cause a loss of light to neighbours.

5.31 The site is considered capable of providing adequate private amenity space for the proposed dwellings. There is adequate bin storage as shown on the submitted layout plans within the gardens of the proposed dwellings.

Highway safety

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

5.33 Vehicular access to the site is via the existing vehicular access to the site serving car parking for the cottage and Church. This access is also used by the Old School to the south of the side. Currently, the western section of the site is used for car parking associated with the Church and Hawthorn Cottage. Visibility for vehicles leaving the

Page 115 site is in excess of 2.4 metres by 90 metres to both the north and south of the site entrance.

5.34 A single storey, three-bay garage detached building is proposed on the land between the plots, on the northern boundary. This is following the demolition of a small outbuilding. Plot 1 will have 2 garages and two car parking spaces to the front of these garages. Plot 2 will have one garage space, a car parking space in front of the garage and a further car parking space to the south of the gable of the plot and two car parking spaces.

5.35 The Highway Authority has raised no objection to the proposal in this respect and has suggested conditions. The comments from the neighbours are noted in terms of highway safety, parking, turning and the construction phrase. However, it is considered that the planning conditions address these concerns.

Flood risk and drainage

5.36 The application site is located in Flood Zone 1 where land is assessed as having a less than 1 in 1000 annual probability of river or sea flooding (low probability). The site has been assessed as being at low risk from other forms of flooding.

5.37 Foul drainage would be disposed of via the mains and surface water via a soakaway. The exact details of which can be agreed by planning condition. There is no evidence to suggest that the demands on the infrastructure of the village arising from the development (in respect of drainage or any other matter) 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

5.38 The application has been accompanied by a Preliminary Assessment of Land Contamination (PALC). The Scientific Officer has assessed PALC form submitted in support of the application. It does not identify any potential sources of contamination on the form and therefore the risk of contamination affecting the development or end users is considered to be low.

Planning balance

5.39 The proposal would create two homes in a sustainable location, without causing harm to the appearance of the settlement, the heritage asset and without harm in terms of highway safety or the capacity of local infrastructure.

5.40 The loss of the Church whilst regrettable to local residents, it is considered that there are no planning reasons for its demolition in this instance.

5.41 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 positive. The concerns for the amenity of neighbours (where they are relevant to planning and are not controlled by other legislation) can be controlled by planning conditions. The concerns expressed regarding displaced off-street parking are not matters that should outweigh the provision of an additional home in a sustainable location. No other material considerations would preclude a grant of planning permission. Overall the scheme is found on balance to acceptable.

Page 116 6.0 RECOMMENDATION

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

2. No development shall commence until details of all the reserved matters have been submitted to and approved by the Local Planning Authority: (a) the means of access to the building plot(s), (b) the siting, design and external appearance of each building, including a schedule of external materials to be used; (c) the landscaping of the site; (d) the layout of the proposed building(s) and space(s) including parking and any external storage areas; and (e) the scale (including the number) of buildings overall.

3. The permission hereby granted shall not be undertaken other than in complete accordance with the drawing(s) Site Location Plan 1100 01 LP and Site Plan as Proposed 1100 01 05 B unless otherwise approved in writing by the Local Planning Authority.

4. 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.

5. This decision grants permission for no more than 2 dwellings. The size of each dwelling in the reserved matters submission shall reflect the mix and size requirements as expressed in the Size, Type and Tenure SPD.

6. The site shall be developed with separate systems of drainage for foul and surface water on and off site.

7. No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.

8. 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 in consultation with the Highway Authority. The works shall be implemented in accordance with the approved details and programme.

9. 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 90m measured along both channel lines of the major road A19 from a point measured 2.4m down the centre line of the

Page 117 access road. The eye height will be 1.05m and the object height shall be 0.6m. Once created, these visibility areas shall be maintained clear of any obstruction 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 (a) have been constructed in accordance with the submitted drawing (Reference 1100/01/05 rev B); and (b) 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. 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.

12. 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) on-site parking capable of accommodating staff and sub- contractors vehicles clear of the public highway; and (b) on-site materials storage area capable of accommodating materials required for the operation of the site. The approved areas shall be kept available for their intended use at all times that construction works are in operation.

Reasons

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

2. To enable the Local Planning Authority to properly assess these aspects of the proposal, which are considered to be of particular importance, prior to the commencement of development.

3. 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.

5. To ensure that the scope of the decision reflects the proposal made and that the development meets local needs in terms of the size and type of dwellings in accordance with Hambleton Local Development Framework Policy DP13 and the Size, Type and Tenure SPD.

6. The site shall be developed with separate systems of drainage for foul and surface water on and off site.

Page 118 7. To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the foul sewer network.

8. In the interests of highway safety.

9. In accordance with policy number and in the interests of road safety.

10. In accordance with Hambleton Local Development Framework Policies CP2 and DP3 and to provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development.

11. In accordance with Hambleton Local Development Framework Policies CP2 and DP3 and to ensure that no mud or other debris is deposited on the carriageway in the interests of highway safety.

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

Informatives

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.

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 119 This page is intentionally left blank Parish: West Rounton Committee date: 7 February 2019 Ward: Appleton Wiske & Smeatons Officer dealing: Aisling O’Driscoll 13 Target date: 11 February 2019

18/02433/FUL

Demolition of existing stable block, feed store and tack room to be replaced with the construction of new house, detached double garage, outbuilding and car parking At Bank Top, West Rounton For Mrs Caroline Mann

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 site lies at the south end of West Rounton, and features a dwelling, Bank Top, approved in 2015, a stable block and three more dwellings/holiday lets, Ivy Cottage, Holly Cottage and Rose Cottage. Ivy and Rose Cottages are two-storey. Holly Cottage is single storey. All are rendered and painted. The buildings form a linear group, located behind the main line of development in the village, along the village street. Access to Bank Top is from the south via a steep drive.

1.2 The proposal is to remove the single storey stables and replace them with a two- storey three-bedroom dwelling and detached garage. New stables have already been permitted elsewhere on the site. From the front, due to the design, the dwelling would appear as a 1.5 storey dormer bungalow. To the rear of the dwelling a single storey projection is proposed providing additional living accommodation at ground floor only. Parking is to be facilitated within the existing hardstanding to the front of the property.

2.0 RELEVANT PLANNING AND ENFORCEMENT HISTORY

2.1 18/01135/FUL - Construction of four stables, tack room and feed store; Granted 10 August 2018.

2.2 15/01259/FUL - Demolition of agricultural barn and construction of a three bedroom dwelling; Granted 13 October 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 CP8 - Type, size and tenure 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 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

Page 121 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 National Planning Policy Framework – July 2018 Size, Type and Tenure of New Homes SPD - adopted September 2015

4.0 CONSULTATIONS

4.1 Parish Council – No comments received.

4.2 Highway Authority – No objection.

4.3 Yorkshire Water – No comments.

4.4 Environmental Health Officer – No objection.

4.5 Historic England – No objection.

4.6 Public comments – One letter of objection was received raising the following issues:

• The proposal is outside of the village boundary and an inappropriate extension of the settlement; • Overlooking and overshadowing of neighbouring house and garden; • Impact on the view from St Oswald’s Church and public right of way; • Increased traffic and resulting impact on the Grade II listed bridge; • The double garage would be a prominent feature when viewed from surrounding countryside and public footpath; and • Impact of hard standing on surface water runoff.

5.0 OBSERVATIONS

5.1 The main issues to consider are: (i) the principle of residential development in this location (ii) the impact on the form and character of the surrounding area; (iii) highway safety and (iv) the impact on residential amenity

The principle of residential development in this location

5.2 West Rounton is a village without status within the settlement hierarchy set out in CP4 as adopted in 2008. In 2015 the Council adopted Interim Policy Guidance which updates the hierarchy and includes West Rounton as a secondary village, which provides for a more flexible consideration of new development at the edge of settlements. Accordingly the main consideration is whether the development is in accordance with the criteria of the Interim Guidance, and thereafter whether it is in accordance with other relevant policies of the local plan including the amenity of nearby occupiers (CP1 and DP1), design (CP17 and DP32) and any highway safety issues.

5.3 The Interim Policy Guidance states that “Small scale housing development will be supported 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:

Page 122 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.”

5.4 The inclusion of West Rounton in the updated settlement hierarchy as a secondary village indicates it is considered to be a reasonably 'sustainable' location where an additional dwelling can be considered to support local services, which include a pub.

Heritage Matters

5.5 The proposed development has the potential to impact on the setting of the Grade II* Listed St Oswald’s Church.

5.6 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.

5.7 Paragraph 194 states 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.

5.8 The roofline at Bank Top is currently visible from the grounds of the Grade II* Listed St Oswald’s Church and adjacent public right of way. Whilst the proposed new dwelling will also be visible, the site is already developed and as such the impact on the openness of the area would not be significant. It is not considered that the height increase would have an impact on the character and setting of the Listed Building. It is considered that the proposed development has no harmful impact on the setting of the listed building or the setting of the heritage asset as a whole.

Impact on the form and character of the surrounding area

5.9 Criteria 2, 3 and 4 of the IPG relate to the impact of the development on the surrounding area. As a single dwelling the proposal is small in scale. The site is towards the village edge, and the proposed dwelling would replace a single storey building located between two existing dwellings. The immediate area is characterised by a line of houses and associated development and it is considered that the proposal reflects the existing built form of this part of the village.

5.10 The dwelling and garage are to be finished in render with a brick plinth, corbelled detailing with a pantile roof. This style can be seen elsewhere within West Rounton. Whilst the dormer window is not necessarily reflective of the character of the area it is not considered detrimental. It is therefore considered that the overall design of the dwelling reflects the character of the surrounding settlement.

5.11 The proposed dwelling is designed to appear as a 1.5 storey dwelling. The proposed therefore will be lower than “Bank Top” but higher that the neighbouring bungalow “Holly Cottage”. The roof of the proposed dwelling will be approximately 3.5 metres higher than that of the existing stables.

Page 123 5.12 It is therefore considered that the proposal meets criteria 2, 3 and 4 of the IPG

Highway Safety

5.13 The Highway Authority has no comment on the application and recommended no conditions. It is considered that the development can be accommodated within the existing infrastructure in accordance with criterion 5 of the IPG.

5.14 Parking is to be provided to the front of the dwelling. An objection raised concerns over the impact of the hard standing and resulting run-off. However, parking area already exists and is constructed of porous material.

The impact on residential amenity

5.15 Part of the objection received related to the impact of the development on residential amenity in terms of overshadowing and overlooking. Whilst the proposed dwelling would be located on higher ground than the neighbours to the east, it is considered that the separation distance of approximately 25 metres to the boundary is sufficient to preserve the current amenity of the occupiers of the property (Woodbine Cottage).

5.16 In support of this the agent has submitted a cross sectional drawing of the site to show the impact of the proposed dwelling in terms of overshadowing. As the drawing shows, the proposed development will not result in a significant level of overshadowing.

5.17 The proposed dwelling is to be located between a dwelling (Bank Top) and a holiday cottage (Holly Cottage). Given the siting of the proposed dwelling it is considered there would be no significant impact on the residential amenity of Bank Top. The single storey rear projection of the proposed dwelling projects quite far past the rear of Holly Cottage, however, it is still considered that this would not have a detrimental effect on the occupants of Holly Cottage. This is especially so due to the nature of the property as a holiday let and the short term basis on which the property is occupied.

5.18 The siting of the garage would not result in any significant impact on residential amenity.

Planning Balance

5.19 The proposed development is outside any defined development limits and the applicant does not claim any exceptions under Policy CP4. As West Rounton is considered a service village under the Settlement Hierarchy, the Councils Interim Policy Guidance applies. It is considered that the proposal meets the criteria of the IPG. There are no highways, drainage or environmental health objections. It is not considered that the proposal would have any significant impact on residential amenity. In conclusion the application is recommended for approval.

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) numbered AW237/03, AW237/04,AW237/05, AW237/06 and AW237/07 received by Hambleton District Council on 12.11.2018 unless otherwise approved in writing by the Local Planning Authority.

Page 124 3. The use of the building shall not be commenced until the external surfaces have been finished in accordance with a colour scheme to be approved in writing by the Local Planning Authority. Thereafter, the scheme shall be implemented and retained in accordance with the approved details.

4. Prior to development commencing above 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.

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. For the avoidance of doubt and in the interest of proper planning.

3. In order to allow the Local Planning Authority to agree the detail of the external colour of the building and to protect the character and appearance of the area in accordance with Development Policy DP32.

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

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