Land Comprising Field at 424874 459814, Clint Bank, Birstwith

Case No. 17/04417/OUTMAJ Item No.02

Location: Land comprising Field at 424874 459814, Clint Bank, Birstwith

Proposal: Outline application for up to 14 dwellings with access considered.

Applicant: Mr David Holmes

Access to the case file on Public Access can be found here:- view file

Reason for report: This application is to be presented to the Planning Committee following a request from Councillor Nathan Hull, which satisfied the Chief Planner, in consultation with the Chairman of the planning committee, that it would be appropriate for the application to be determined by the Planning Committee. The planning grounds raised are: concerns about the size, number and location of new houses, the impact the development may have on local traffic and concerns about the drainage proposals for the site (particularly in respect of surface water drainage).

SUMMARY The application is an outline application for up to 14 dwellings, on an agricultural field on the north eastern edge of Birstwith. All matters are reserved except access, which is proposed off Clint Bank.

The proposal will cause some limited harm to the setting of the village and the setting of the Nidderdale Area of Outstanding Natural Beauty (AONB). However, it is considered that these impacts can be adequately mitigated, such that they are outweighed by the benefits of providing additional housing to meet the needs of the district and by the contribution the development will make towards the maintenance and enhancement of the existing facilities and services in the village. The proposal will also deliver some economic benefits. There are no adverse impacts that would significantly and demonstrably outweigh the benefits of the development and the proposal is therefore considered to be acceptable.

RECOMMENDATION: Defer and Approve subject to conditions and a S106 Agreement

1.0 SITE DESCRIPTION

1.1 The application site is an agricultural field on the north eastern edge of Birstwith. The site area is approximately 0.75 hectares. The site is bounded by existing residential properties and a small area of woodland to the west, a farm track with residential properties beyond to the south, Clint Bank to the north and by open fields to the east. A doctor’s Surgery lies to the northwest of the site on the opposite side of Clint Bank. The site falls from the road to the southern boundary with a significant drop in levels to the three residential properties on the Plantation to the south. The roadside boundary is delineated by a mature hawthorn hedge.

1.2 The site sits outside the current development limits of Birstwith, which lie immediately to the south and to the west - on the far side of Collin Spring Court. The Nidderdale Area of Outstanding Natural Beauty (AONB) runs up to Wreaks Road and to the rear of properties on Nidd Rise and Nidd Drive to the west of the site. Collin Wood, to the west of the site, is covered by a Tree Preservation Order.

2.0 PROPOSAL

2.1 This planning application is submitted in outline, with all matters reserved for future approval, except details of the access. The application, as originally submitted, was for ‘up to 18 dwelling houses’ but this has been reduced to ‘up to 14 dwelling houses’ primarily to allow for a set back from the southern boundary, to reduce the impact on the amenity of the properties to the south, which are on a significantly lower level. Access is proposed off Clint Bank in the centre of the site frontage.

2.2 The submission includes an indicative site layout plan, which shows an area of open space in the northwest corner, to the rear of the two detached properties on Collin Spring Court, and an area along the southern boundary

for landscaping. The indicative plan is not for formal consideration under this application.

3.0 APPLICANT'S SUPPORTING INFORMATION

3.1 The following documents have been submitted in support of the planning application:

 Planning Statement;  Indicative Layout;  Phase 1 Environmental Study;  Drainage Report;  Design and Access Statement;  Ecological Assessment; and  Arboricultural Assessment.

4.0 RELEVANT HISTORY

4.1 The site has been put forward as a draft housing allocation in the emerging local plan with an indicative yield of 18 dwelling houses (site reference BW9). Consultations on the emerging plan have only recently finished and therefore it carries little weight at this stage.

5.0 NATIONAL & LOCAL POLICY

5.1 National Planning Policy

5.2 The National Planning Policy Framework March 2012 (NPPF) sets out the Government’s planning policies for England and how these are expected to be applied. Planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The NPPF is a material consideration in planning decisions. At the heart of the

NPPF is a presumption in favour of sustainable development.

5.3 Core Strategy

. Policy C1 Inclusive communities . Policy EQ1 Reducing risks to the environment . Policy EQ2 The natural and built environment and green belt . Policy SG1 Settlement Growth: Housing Distribution . Policy SG2 Settlement Growth: Hierarchy and limits . Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt . Policy SG4 Settlement Growth: Design and Impact . Policy TRA1 Accessibility

5.4 Harrogate District Local Plan (2001, As Altered 2004)

. Policy C1 Conservation of the Nidderdale Area of Outstanding Natural Beauty (AONB) . Policy C2 Landscape Character . Policy R11 Rights of Way . Policy HD13 Trees and Woodlands . Policy HD20 Design of New Development . Policy H5 Affordable Housing

5.5 Supplementary Planning Documents

. Landscape Character Assessment of Harrogate District

. Green Infrastructure

. Residential Design Guide

. Provision for Open Space in Connection with New Housing Development

. Provision for Village Halls in Connection with New Housing Development

5.6 Other Material Policy Considerations:

. National Planning Practice Guidance

6.0 CONSULTATIONS

6.1 AONB - Joint Advisory Committee - It would be difficult to make a case that development on this scale would cause significant harm to the setting of the designated area. Appropriate landscaping on the southern boundary could provide additional screening for the new houses and enhance the setting of the AONB at the same time.

6.2 NYCC Lead Local Flood Authority (SuDS) - Conditions proposed to control the details of surface water drainage.

6.3 NYCC Highways And Transportation – Conditions and Highway improvement works proposed. See assessment.

6.4 EHO Contaminated Land - Conditions proposed regarding land contamination, management during the construction phase and electric vehicle charging points.

6.5 Yorkshire Water - Conditions proposed to set buildings away from the 4 inch water main crossing the site and to control foul and surface water drainage. The applicant has indicated that he will be looking to divert the water main.

6.6 Police Architectural Liaison Officer - Proposed condition requiring full details of what crime prevention measures are to be incorporated into the site to be submitted for approval.

6.7 Housing Department - This site falls under Policy H5 and if deemed suitable for development (by the planning department) we would require 40% as affordable housing, subject to financial viability. The Housing and Economic Development Needs Assessment July 2017 calculates an overall need for affordable housing of 208 per annum across the Harrogate District.

6.8 NYCC Education - The education authority has advised that Birstwith Primary School has the capacity to accommodate 84 pupils. There are currently 93 pupils on the roll but the education authority has forecast that the number of pupils on the roll in 2022/2023 will be 75. They have estimated that the development will generate a requirement for 4 additional spaces. The school should therefore have sufficient capacity to accommodate the proposed development. There is no requirement in this case for a financial contribution towards primary or secondary education facilities.

7.0 VIEWS OF THE PARISH COUNCIL

7.1 Birstwith Parish Council’s comments are summarised below:

 The site is outside the development limits of the village.  There is a lack of footpaths, and poor visibility and lighting on Clint Bank.  The proposed access is close to three other accesses and will exacerbate existing traffic safety issues.  Traffic is already heavy on Clint Bank, including HGV’s associated with the Mill as well as school traffic.  Should the development be approved, conditions should require all roads and footpaths within the development to be built to adoptable standards, a new footpath on Clint Bank to link the development to the village and street lighting on Clint Bank.

 The proposal would increase existing flooding problems for surrounding properties.  Concern about capacity of infrastructure such as drains and sewers especially when the twenty seven properties approved at West House Farm are taken into consideration.

8.0 OTHER REPRESENTATIONS

8.1 In total, thirty separate representations have been received. This includes multiple representations from a number of properties, submitted in response to amended details. The points raised are summarised below:

 The surface water drainage from the proposed development could increase flood risk for surrounding properties. The cumulative impacts with the 27 houses approved at West House Farm site (13/04164/OUTMAJ) and other developments has not been considered. More detail on the proposed surface water drainage is required prior to determination of the application.

 The proposal would exacerbate existing highway safety issues. The proposed access is in close proximity to the access at Collin Spring Court, the medical centre access and the proposed access to the West House Farm site (to the east of the entrance to the medical centre on Clint Bank). This arrangement would result in increased traffic hazard at the entrance to the village and have a harmful impact on pedestrian safety. The use of Clint Bank by HGVs, associated with the Mill, and large farm machinery adds to the hazard.

 There have already been a number of traffic accidents in the vicinity of Collin Spring Court.

 Additional footpaths and street lighting is required to link with the existing footpath on Clint Bank, to the west of the site.

 There are already traffic problems at the school at peak times.

 The proposed chicane would impede HGVs and large Agricultural vehicles and would increase the potential for accidents, especially for cyclists. The chicane (and formal footpaths) would also be detrimental to the rural character of the village.

 The surgery car park has inadequate capacity at present. The additional footpaths would force cars that currently park on the grass verge to the front of the medical centre to park on the road and obstruct traffic and visibility.

 The site has poor pedestrian and cycle links, and poor bus service. Most journeys would be by car. It is an unsustainable location outside the built confines of the village and too far from village facilities (shop etc.).

 The proposal would be harmful to the setting of the village and would extend the village away from its natural centre.

 The proposal would impact on views from the AONB and the landscape character of the AONB.

 Concern about the future management of the open space and boundary landscaping.

 The proposal is premature pending the outcome of the emerging local plan.

 Birstwith has poor mobile phone signals.

 Loss of prime agricultural land.

 The proposal would result in harmful impacts on properties on The Plantation, to the south of the site, and on properties on Collin Spring Court, to the west of the site, in terms of overlooking, overbearing and overshadowing.

 Inadequate infrastructure - no additional capacity at the doctor’s surgery or the school and not sufficient capacity in the sewers.

 The proposal would have a harmful Impact on ecology.

 Impact on local residents during the construction phase.

 Concern about security for properties on The Plantation resulting from the use of the track along the southern boundary to the site.

9.0 ASSESSMENT

9.1 The main issues in the consideration of this application are as follows:

 Housing Land Supply and Housing Provision  Impact on Residential Amenity  Impact on the Setting of the Village and the AONB  Existing Grain of the Settlement  Impact on the Highway Network and Road Safety  Impact on Public Rights of Way (PROW)  Drainage and Flood Risk  Ecology  Economic Sustainability  Other Matters

9.2 SUSTAINABILITY

9.3 Sustainability is the golden thread running through the National Planning Policy Framework, and proposals for sustainable development should be approved without delay. There are three strands to sustainability, social, economic and environmental. Paragraph 8 of the NPPF advises that to achieve sustainable development economic, social and environmental gains should be sought jointly and simultaneously.

9.4 Policy EQ1 (Reducing Risks to the Environment) of the Core Strategy aims to reduce the environmental impacts of development within the District, and the consequential risks for climate change. Policy TRA1 aims to reduce the need to travel and improve accessibility to jobs, shops, services and community facilities.

9.5 SOCIAL SUSTAINABILITY

9.6 Housing Land Supply and Housing Provision

9.7 The Council’s Housing and Economic Development Needs Assessment (HEDNA) provides information on objectively assessed housing need. This document concludes that there is a requirement for 669 dwellings per annum to meet the needs of the district. An updated housing supply position at January 2018 concluded that there is a 4.5 years supply of housing land, including a 20% buffer.

9.8 In order to deliver 669 dwellings per annum, greenfield land outside of existing development limits would be needed, and these development limits are out- of-date as they were based upon a required need of just 390 dwellings per annum. As such, the development limits and Core Strategy Policies SG1, SG2 and SG3 can be given little weight.

9.9 The site has been included in the emerging local plan as a draft housing allocation, however, the plan has not yet been adopted and therefore the allocation can be given little weight at this stage.

9.10 As the Council cannot demonstrate a deliverable five-year supply of housing land the relevant policies for the supply of housing cannot be considered up- to-date according to Paragraph 49 of the NPPF, therefore Paragraph 14 of the NPPF is engaged. This states that planning permission should be granted unless: a) Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits of the development, when assessed against to policies in the NPPF taken as a whole; or b) Specific policies in the NPPF indicate that development should be restricted.

9.11 The proposed development would make a valuable contribution towards meeting the district’s housing needs, both for affordable and open market housing. This contribution constitutes a social benefit.

9.12 Subject to viability, there is a requirement for 40% of the proposed dwelling houses to be affordable, under saved policy H5 of the local plan. The Housing and Economic Development Needs Assessment (updated January 2018) calculates an overall need for 208 affordable dwelling houses per annum across the Harrogate District.

9.13 The NPPF advises (Para. 55) that to promote sustainable development in rural areas, housing should be located where it will enhanced or maintain the vitality of rural communities, be that the community where it is or a neighbouring community. Birstwith has a pub, a shop and post office, a primary school, a church, a doctor’s surgery and a bus service that operates six days a week and enables access to a range of employment opportunities and key services and facilities in Harrogate and Pateley Bridge. The bus service operates eleven times per day (Monday to Saturday), with the first bus leaving Birstwith at 07:48 and arriving in Harrogate at 8:17. The last bus leaves Harrogate at 17:30 and arrives in Birstwith at 17:55. The first bus to Pateley Bridge leaves Birstwith at 06:49 and arrives in Pateley Bridge at

07:13. The last bus leaves Pateley Bridge at 18:30 and arrives in Birstwith at 18:54.

9.14 It is considered that the increased population resulting from the proposed development would contribute towards the maintenance and enhancement of the existing facilities and services in the village, and thereby the vitality of the village as a whole. This adds weight to the social benefits of the proposed development.

9.15 The following sections of the report assess whether there are any adverse impacts that would significantly and demonstrably outweigh the benefits of the development. In the absence of any significant and demonstrable harm that would outweigh the benefits of the development, the proposal should be supported.

9.16 Impact on Residential Amenity

9.17 Policy SG4 of the Core strategy seeks to protect residential amenity. The application is outline at this stage with only access for consideration. It is considered that overlooking, overbearing or overshadowing impacts to existing properties can be adequately controlled at the reserved matters stage, when the site layout, landscaping, scale and appearance will be considered. The relationship with the properties to the south of the site will be particularly important, given the level differences, but the relationship with the properties to the west will also be important given their proximity to the site boundary. Impacts during the construction phase can also be adequately controlled by conditions, for example a condition restricting hours of construction.

9.18 Summary of Social Impacts

9.19 The proposed development would result in social benefits by contributing towards the districts housing need, including affordable housing. Additional social benefits would arise from the contribution the additional population would make towards the vitality of the village. The planning authority has sufficient control under the reserved matters to prevent unacceptable impacts on residential amenity.

9.20 The social benefits identified above must be weighed against the other impacts of the proposal, which are discussed below.

9.21 ENVIRONMENTAL SUSTAINABILITY

9.22 Impact on the Setting of the Village and the AONB

9.23 Saved policy C1 of the Local Plan advises that within the Nidderdale AONB priority will be given to the conservation of the natural beauty of the landscape and development which would have a significant adverse impact on the landscape will not be permitted. The policy also advises that development should, wherever possible, be located in or adjacent to existing settlements.

9.24 Policy EQ2 of the Core Strategy advises that the district’s exceptionally high quality natural and built environment will be given a level of protection appropriate to its international, national and local importance. Policy SG4 requires all development proposals to make the most efficient use of land and to be well integrated with the spatial qualities of the area and the form and character of the settlement. Saved Local Plan Policy C2 requires that development should protect existing landscape character. Saved policy HD20 advises that new development should make a positive contribution to the spatial quality of the area and their siting and density should respect the area’s character and layout.

9.25 Birstwith is in Area 24 (Lower Nidderdale Valley northwest of Harrogate) of the Harrogate District Landscape Character Assessment (approved as SPD in 2004). The assessment advises that this area's ability to accept change without harm to its character is limited, especially where development would be visible or result in the loss of woodland and trees. The assessment also advises that road signs impact on the character of minor roads. One of the aims for the area set out in the document is to retain landscape pattern and rural character between settlements.

9.26 The main aim of the Green Infrastructure SPD (approved in 2014) is to ensure that proposals for development across the district make the most of opportunities to improve existing and create new green infrastructure. Landscaping of the site can be controlled at reserved matters stage.

9.27 The Council’s Landscape officer considers that the proposed development would potentially increase the prominence of the village in views from the AONB but has advised that there are some opportunities to reduce the impact through appropriate layout and mitigation planting. The AONB officer has commented that it would be difficult to make a case that development on this scale would cause significant harm to the setting of the AONB. The officer has suggested that landscaping on the southern boundary could provide additional screening for the new houses and enhance the setting of the AONB at the same time. Landscaping and layout of the site would be controlled under reserved matters applications.

9.28 The loss of this agricultural field and the extension of the built form of the village will cause some limited harm to character and setting of the village and the setting of the AONB. However, these impacts can be substantially mitigated with appropriate landscaping, particularly along the southern and eastern boundaries. The existing village edge is delineated by the rear elevations of the two detached properties on Collin Spring Court and the

proposal offers an opportunity to improve the situation with landscaping to the eastern site boundary. The future management and maintenance of the open space and landscaping would be controlled by conditions, which would be imposed under the landscaping reserved matters application.

9.29 Concerns have been raised in representations that the proposed highway improvement works (chicane and formal footpaths) would harm the rural character of the village. The works are outside the AONB and will not affect a conservation area, or any other heritage asset to any significant degree. In these circumstances, it is considered that the impacts will be slight and are outweighed by the benefits of improved highway safety and improved connectivity.

9.30 Existing Grain of the Settlement

9.31 The Residential Design Guide SPG (approved March 1999) advises that the siting of new buildings should reflect the general context, specifically 'the grain' of the existing settlement which comprises building lines, the pattern of buildings and spaces between them, and the ratio of building to the overall plot size.

9.32 The village has a mix of housing layouts, including more modern housing to the south on Birstwith Grange and to the northwest on Nidd Drive and Nidd Rise. In these circumstances, it is considered that the planning authority has sufficient control over the layout, landscaping scale and appearance (all of which are reserved matters) to design a scheme which would not be significantly at odds with other developments in the village.

9.33 Impact on the Highway Network and Road Safety

9.34 Policy SG4 of the Core strategy advises that the travel impact of any scheme should not add significantly to any pre-existing problems of access, road

safety or traffic flow. The issue of highway safety has been raised in Parish Council comments and in most of the representation received.

9.35 NYCC Highways has no objection to the proposal subject to conditions to control the details of the road and footway layout, surface water from the highway, details of access turning and parking and impacts during the construction phase. They also require the following highway improvement works to be carried out:

 Move the 30 mph signs further to the east on Clint Bank and to introduce a 40 mph buffer zone.  A chicane to be installed close to the development access to bring speeds down.  Footpath and street lighting improvements to link the site with existing footpaths to the west.

9.36 Subject to a legal agreement and conditions as recommended by the Highway Authority, the development would not adversely affect highway safety.

9.37 Impact on Public Rights of Way (PROW)

9.38 Saved policy R11 (Rights of Way) advises that developments which would result in harm to the character or recreational and amenity value of existing rights of way, and which do not involve the satisfactory diversion of the route, will not be permitted.

9.39 There are existing public rights in the general vicinity of the site but the closest is approximately 300 metres away. In these circumstances, it is considered that the proposal will not result in any significant harm to the character or recreational and amenity value of existing rights of way.

9.40 Drainage and Flood Risk

9.41 The Parish Council and many of the representations received raised concerns about the impacts of the proposal on flood risk for existing properties, particularly when taken cumulatively with the 27 houses approved at West House Farm site (13/04164/OUTMAJ) and other developments.

9.42 The applicant proposes to dispose of surface water by directing it to the wooded area to the south east of the site to create a pond/wetland area. The Lead Local Flood Authority, HBC Land Drainage and Yorkshire Water have no objection to the proposed drainage arrangements subject to conditions to control the details.

9.43 Concerns have also been raised in representations about the capacity of the existing foul sewer network. However, Yorkshire Water has confirmed that there is capacity to accommodate the proposal.

9.44 Ecology

9.45 Paragraph 109 of the NPPF advises that the planning system should contribute to and enhance the natural and local environment by, amongst other things, minimising impacts on biodiversity and providing net gains in biodiversity where possible.

9.46 The site is not designated locally nationally or internationally for its ecological interest. The proposal will result in the loss of a section of hedge to accommodate the proposed access but it will also involve landscaping to the site boundaries, which should provide adequate compensation for the loss of the section of hedge.

9.47 Additionally, the landscaping along the south boundary would link Collin Wood with the wooded area to the southeast of the site. This would provide greater habitat connectivity between the woodland at Collin Wood and the woodland to the southeast of the site.

9.48 A condition is proposed to require a scheme of ecological enhancements to be approved. Overall, it is considered that the proposal will result in improvements to biodiversity.

9.49 Summary on Environmental Sustainability

9.50 The proposed development would result in some harm to the setting of the village and the AONB. However, subject to appropriate landscaping to the site boundaries and the detail of the scale, layout, design and materials (which will be controlled through reserved matters) the harm can be mitigated to the extent that the impacts would not be significant.

9.51 Subject to the proposed highways and drainage conditions, it is considered, that the proposal would not result in unacceptable impacts on highway safety or result in increased flood risk to existing properties. It is further considered that that the proposed arrangements would not harm the recreational or amenity value of existing PRoW’s. The proposal is likely to result in enhancements to biodiversity.

9.52 ECONOMIC SUSTAINABILITY

9.53 The proposed development will provide jobs and investment into the local economy during the construction phase, as well as continuing investment from future occupiers over the life of the development. Given the scale of the development, it is considered that the impacts would be modest and they should therefore only carry modest weight in the consideration of the proposed development.

9.54 OTHER MATTERS

9.55 Affordable Housing and Open Space: As this is an outline application, with only access for consideration, the final detail of the number and size of the proposed dwellings is not known at this stage. Therefore, is not possible to determine the appropriate level of provision in relation to affordable housing and open space/village halls. It is therefore proposed to control the level of

provision by condition. These matters will be revisited at reserved matters stage, should members be minded to approve the proposal.

9.56 Birstwith Primary School – Concerns have been raised in representations about the capacity at Birstwith primary school. The education authority has advised that Birstwith Primary School has the capacity to accommodate 84 pupils and has forecast that the number of pupils on the roll in 2022/2023 will be 75. They have estimated that the development will generate a requirement for 4 additional spaces. There should therefore be capacity in the school to accommodate the proposed development.

9.57 Doctors Surgery - Concern have been raised in representations about the capacity at the doctors surgery. The website for the surgery states that they are happy to register new patients living within the catchment area. This would indicate that there are no significant issues with regard to capacity at the surgery.

9.58 Loss of Agricultural Land – The land is classified as Grade 3 (good to moderate) on the Natural England Agricultural Land Classification Map. Paragraph 112 of the NPPF advises that local planning authorities should take into account the economic and other benefits of the best and most versatile agricultural land. The proposal will lead to the loss of approximately 0.75 hectares of grade 3 (good to moderate) agricultural land, which falls within the definition of ‘best and most versatile agricultural land’. Agriculture accounts for approximately 70% of land use in the UK. In these circumstances, it is considered that the impacts of the loss of 0.75 hectares will be very slight.

9.59 Poor Accessibility – As part of the required highway improvement works new footpaths and street lighting will link to an existing footpath to the west of the site. It is considered that this will provide reasonable accessibility to the services within the village.

10.0 PLANNING BALANCE & CONCLUSION

10.1 The proposed development would result in social benefits by contribution towards the districts housing need, including affordable housing. The additional population from the development would also make a contribution towards maintaining and enhancing the existing services and facilities in the village. Subject to conditions and details that can be controlled at the reserved matters stage, it is considered that the proposal would not result in unacceptable impacts on highway safety or residential amenity.

10.2 The proposal would also provide economic benefits both during the construction phase and the operational phase but, given the scale of the development, it is considered that these would be modest.

10.3 The proposal would result in some limited harm to the setting of the village and the setting of the AONB. However, it is considered that the harm can be substantially mitigated by appropriate landscaping, and by controlling the details of the scale, layout, design and materials at reserved matters stage, to the extent that it would not be significant.

10.4 There would be additional slight impact resulting from the loss of a small amount of agricultural land. However, it is considered that this impact does not add significantly to the weight of argument against the proposed development. It is considered, that the proposed arrangements would not harm the recreational or amenity value of existing PRoW’s to any significant degree and, subject to details that will be controlled by condition, would not result in additional drainage or flood risk issues.

10.5 As the Council cannot demonstrate a deliverable five-year supply of housing land the ‘tilted balance’ set out Paragraph 14 of the NPPF is engaged. This requires planning permission to be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits of the

development, when assessed against the policies in the NPPF taken as a whole. In this case, it is considered that the that the harmful impacts of the proposed development can be adequately mitigated and controlled, such that they are outweighed by the public benefits, even if the tilted balance was not applied.

11.0 RECOMMENDATION

11.1 That the application be DEFERRED and APPROVED subject to conditions and a S106 Agreement

Reason for Deferral

1) Pending receipt of a legal agreement to deal with financial contributions towards a Traffic Regulation Order to seek the relocation of the 30mph sign and introduction of a 40mph buffer zone.

Conditions

1 No development shall take place without the prior written approval of the Local Planning Authority of all details of the following reserved matters - (a) appearance; (b) landscaping; (c) layout; and (d) scale.

Thereafter the development shall not be carried out otherwise than in strict accordance with the approved details.

2 Application for the approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this decision. The development hereby permitted shall be begun on or before the expiration of one year from the final approval of reserved matters or in the case of approval on different dates, the final approval of the last such matter to be approved.

3 Access to the site shall be taken from Clint Bank, as shown on the submitted site location plan.

4 No phase of development shall be begun until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the Local Planning Authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2 of the NPPF or any future guidance that replaces it. The scheme shall include:

a) The numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 40% of housing units (subject to viability); (b) The timing of construction of the affordable housing and its phasing in relation to the occupancy of the market housing; (c) The arrangements for the transfer of the affordable housing to an affordable housing provider (or the management of the affordable housing if no such provider is involved); (d) The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and (e) The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced. The development shall not be occupied until the approved scheme has been carried out and it shall thereafter be retained.

5 No external construction of the walls of the development hereby approved shall take place until either - (a) Full details of public open space and village halls provision to serve the development in accordance with Policy C1 of the Harrogate District Core Strategy have been submitted to an approved by the Local Planning Authority and agreement has been reached with the Local Planning Authority

as to the provision of the same and their subsequent management and maintenance. (b) Alternative arrangements for the provision of open space and village halls have been submitted to and approved in writing by the Local Planning Authority.

6 There shall be no excavation or other groundworks, except for investigative works or the depositing of material on the site, until the following drawings and details have been submitted to and approved in writing by the Local Planning Authority.

(1) Detailed engineering drawings to a scale of not less than 1:500 and based upon an accurate survey showing: (a) the proposed highway layout including the highway boundary (b) dimensions of any carriageway, cycleway, footway, and verges (c) visibility splays (d) the proposed buildings and site layout, including levels (e) accesses and driveways (f) drainage and sewerage system (g) lining and signing (h) traffic calming measures (i) all types of surfacing (including tactiles), kerbing and edging.

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

(3) Full highway construction details including: (a) typical highway cross-sections to scale of not less than 1:50 showing a specification for all the types of construction proposed for carriageways, cycleways and footways/footpaths

(b) when requested cross sections at regular intervals along the proposed roads showing the existing and proposed ground levels (c) kerb and edging construction details (d) typical drainage construction details.

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

(5) Details of all proposed street lighting.

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

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

(8) A programme for completing the works.

The development shall only be carried out in full compliance with the approved drawings and details.

Informative: It is recommended that before a detailed planning submission is made a draft layout is produced for discussion between the applicant, the Local Planning Authority and the Highway Authority in order to avoid abortive work. The agreed drawings must be approved in writing by the Local Planning Authority for the purpose of discharging this condition.

7 No dwelling to which this planning permission relates shall be occupied until the carriageway and any footway/footpath from which it gains access is constructed to base course macadam level 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 in consultation with the Highway Authority before the first dwelling of the development is occupied.

8 There shall be no access or egress by any HGV or construction 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. If the proposed surface water system the applicant proposes to discharge into is at capacity, the applicant will pay for the upgrade of this system to the satisfaction of the local 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 2.4m x 70m to the west and 2.4m x 120m to the east measured along both channel lines of Clint Bank Road. Once created, these visibility areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

10 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 the details of the required highway improvement works, listed below, have been submitted to and approved in writing by the Local Planning Authority.

The required highway improvements shall include: o Provision of a traffic calming chicane feature to reduce speed close to the development; o Provision of a footpath and street lighting as per approved application ref: 13/04164/OUTMAJ; 27

o Provision of a footpath to join Colin Spring Court, with a crossing point to join the new footpath across the road, and a dropped kerb on Colin Spring Court;

Thereafter the required works shall be carried out in accordance with the approved details prior to the occupation of the dwelling houses.

11 Prior to the commencement of the construction of the dwelling houses hereby approved full details of the following, including details of timing of implementation, shall be 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 (vi) loading and unloading arrangements.

Thereafter the development shall be carried out in accordance with the approved details and timescales.

Informative: The 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

12 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 approved details. Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

13 No dwelling shall be occupied until the related parking facilities have been constructed in accordance with the approved drawing. Once created, these 28

parking areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

14 There shall be no access or egress by any HGV's or construction vehicles associated with the construction of the development 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 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.

15 Prior to the commencement of the erection of the walls, full details of how crime prevention has been considered and incorporated into the design and layout of the scheme (taking account of the report submitted to the local planning authority by the Police Designing Out Crime Officer, dated 27th October 2017) shall be submitted to and approved in writing by the local planning authority. Thereafter, the development shall be carried out in accordance with the approved details.

16 No building or other obstruction including landscape features shall be located over or within 3 metres either side of the centre line of the public water main that crosses the site, i .e. a total protected strip width of 6 metres. If the required stand-off distance is to be achieved via diversion or closure of the water main, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker and that prior to construction in the affected area, the approved works have been undertaken.

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

18 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.

19 No development shall take place until detailed drawings have been submitted to, and approved by the Local Planning Authority showing how surface water will be managed during the construction phases.

20 Prior to the commencement of the construction of the dwelling houses, drawings shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority showing details of the proposed surface water drainage strategy. No piped discharge of surface water from the application site shall take place until the approved works to provide a satisfactory outfall has been completed. The scheme shall be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development and shall include:

(a) a timetable for its implementation

(b) a restricted discharge of surface water to Greenfield rates (1.4 l/s/ha for all storm scenarios, or as otherwise agreed with the local planning authority.

(c) a drainage system designed with sufficient on site attenuation so that flooding does not occur on any part of the site for a 1 in 30 year rainfall event, nor any flooding for a 1 in 100 year rainfall event (or greater) in any part of a building (including a basement) or in any utility plant susceptible to water (e.g. pumping station or electricity substation) within the development, except within an area that is designed to hold and/or convey water.

Calculations must include an allowance for urban creep where required and climate change.

(d) a site plan showing the exceedence flow routes during extreme storm conditions over the 1 in 100 year event or exceedence or failure of the drainage system.

(e) details with regard to the maintenance and management of the approved scheme to include; drawings showing any surface water assets to be vested with the statutory undertaker/highway authority and subsequently maintained at their expense, and/or any other arrangements to secure the operation of the approved drainage scheme/sustainable urban drainage systems throughout the lifetime of the development including:

(i) funding arrangements for on-going maintenance

(ii) the organisation responsible for future maintenance of the sustainable drainage scheme (to include contact details).

(iii) copies of any legal agreement to be established with future home owners

(iv) physical access arrangements

(v) establishment of legal rights of access in perpetuity

(vi) maintenance requirements & frequency

(vii) procedures to assure on-going maintenance if the management company or organisation responsible for future maintenance ceases to exist.

21 No operations shall commence on site or any development be commenced before the developer has implemented the report detail including root protection area (RPA) (as per Smeeden Foreman arboricultural survey report dated October 2017 and drw SF2736 TC01) fencing in line with the 31

requirements of British Standard BS 5837: 2012 (section 6.2.2 figure 2) Trees in Relation to Construction - Recommendations, or any subsequent amendments to that document, around the trees or shrubs or planting to be retained, as indicated on the approved plan and for the entire area as specified in accordance with BS 5837:2012. The developer shall maintain such fences until all development the subject of this permission is completed. The level of the land within the fenced areas shall not be altered without the prior written consent of the Local Planning Authority.

22 No development shall take place on the site until a Construction Management Statement and plan has been submitted to, and approved in writing by, the Local Planning Authority. The details and measures set out in the approved Statement shall be adhered to throughout the construction period. The statement shall provide details of the following:

a. on-site parking capable of accommodating all staff and sub-contractors vehicles clear of the public highway b. on-site materials and plant storage area/s capable of accommodating all materials required for the operation of the site. c. location(s) for the loading and unloading of plant and materials; d. measures to prevent the deposit of mud on the public highway with wheel washing facilities where appropriate; e. measures to control the emission of noise, vibration and dust during construction; f. management, routing and control of HCV construction traffic; g. all noise and dust mitigation measures to be employed during preparatory and construction phases.

23 The hours of operation during the construction phase, including hours of delivery, shall be restricted to the following times: 08:00 to 18:00 Monday to Friday 08:00 to 13:00 on Saturdays Not at all on Sundays or Bank Holidays.

24 Prior to commencement of the external construction of the walls of the dwelling houses or the access roads within the site an electric vehicle infrastructure strategy and implementation plan, to include details of the number, location and maintenance of electric vehicle charging points shall be submitted for the written approval of the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details and timescales.

25 There shall be no access or egress by any HGV or construction vehicles associated with the construction of the development between the highway and the application site before the access to the site is set out and constructed in accordance with the published Specification of the Highway Authority.

You are advised that a separate license 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 this condition.

26 Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until sections A to D have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until section D has been complied with in relation to that contamination.

A. SITE CHARACTERISATION An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance 33

with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to: * human health, * property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, * adjoining land, * groundwaters and surface waters * ecological systems * archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

B. SUBMISSION OF REMEDIATION SCHEME A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as

contaminated land under Part2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

C. IMPLEMENTATION OF APPROVED REMEDIATION SCHEME The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise approved in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

D. REPORTING OF UNEXPECTED CONTAMINATION In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirement of section A, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of section B, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with section C.

27 No more than 14 dwellings shall be constructed pursuant to this permission.

28 The existing hedge along the northern boundary shall be retained and incorporated into the landscaping proposals for the site, except where it is required to be removed to accommodate the vehicular access to the site. 35

29 A scheme for ecological mitigation and enhancement shall be submitted to and approved in writing by the local planning authority prior to the commencement of external construction of the walls. This shall include proposals for native planting, wildflower seeding and the incorporation of a small number of bat and swift bricks within the new development. All necessary precautions shall be taken during the construction phase to avoid harm to nesting birds. Thereafter the development shall be carried out in accordance with the approved details.

Reasons for Conditions:-

1 To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters. 2 To ensure compliance with sections 91-94 of the Town and Country Planning Act 1990. 3 For the avoidance of doubt. 4 To ensure that affordable housing is provided on site. 5 In order to secure compliance with Policy C1 of the Harrogate District Core Strategy in relation to the provision of open space and village halls for residential development. 6 To secure an appropriate highway constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of highway users. 7 To ensure safe and appropriate access and egress to the dwellings, in the interests of highway safety and the convenience of prospective residents. 8 In the interests of highway safety. 9 In the interests of Road Safety. 10 To ensure that the details are satisfactory in the interests of the safety and convenience of highway users. 11 To ensure appropriate on-site facilities in the interests of highway safety and the general amenity of the development. 12 To provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development 36

13 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. 14 To ensure that no mud or other debris is deposited on the carriageway in the interests of highway safety. 15 To help reduce crime and fear of crime. 16 In order to allow sufficient access for maintenance and repair work at all times. 17 In the interest of satisfactory and sustainable drainage. 18 To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the foul sewer network. 19 To minimise the risk of flooding. 20 To ensure the site is properly drained. 21 To protect existing trees during the construction phase. 22 In the interests of residential and general amenity. 23 In the interests of residential amenity. 24 In the interests of promoting sustainable transport modes in accordance with paragraph 35 of the National Planning Policy Framework and in the interests of maintaining air quality and reducing pollution. 25 To ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience. 26 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policies SG4 and EQ1 of the Harrogate District Core Strategy. 27 For the avoidance of doubt. 28 In the interests of visual amenity and biodiversity. 29 To provide ecological enhancements in accordance with advice in the NPPF.

INFORMATIVES

1 The submitted illustrative site layout plan has only been considered insofar as it relates to the proposed site access. Other details shown on the plan have not been formally considered under this application and there is no inference that the details shown are acceptable to the local planning authority. The site layout, landscaping, scale and appearance will be formally considered under the relevant reserved matters applications.

2 The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on 0345 762 6848. It should also be noted that this site may lie in an area where a current licence exists for underground coal mining.

In the event of any changes being needed to the wording of the Committee's decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Chief Planner has delegated authority to do so in consultation with the Chairman of the Planning Committee, provided that the changes do not exceed the substantive nature of the Committee's decision.

Case Officer: Gerard Walsh Expiry Date: 18 January 2018