Case No. 17/03376/REMMAJ Item No. 5

Location: Land Comprising Field At 439826 467466, Milby.

Proposal: Reserved matters application under outline permission 15/04164/OUTMAJ for erection of up to 145 dwellings with appearance, landscaping, layout and scale considered.

Applicant: Miller Homes

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 in line with the Council’s scheme of delegation because the scheme is for 50 dwellings or more.

SUMMARY

This reserved matters application is for the erection of 145 dwellings on land off Dishforth Road, Milby. The site currently has the benefit of outline planning permission for 145 dwellings with access considered. The Reserved Matters are for the approval of appearance, landscaping, layout and scale. The scheme includes access from Dishforth Road, affordable housing, landscaping and public open space.

The proposal would contribute towards the Council’s 5 year housing land supply and help address the current shortfall. Affordable housing at 40% of the total is proposed. This benefit should be given considerable weight. The details of the appearance, landscaping, layout and scale of the development are considered acceptable and it is therefore recommended that the application is approved.

RECOMMENDATION: Approve subject to conditions

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1.0 SITE DESCRIPTION

1.1 The site lies to the north of and comprises a field bounded by Dishforth Road to the west and Moor Lane to the north. The site is 7ha in size and relatively flat. There is an existing field access from Dishforth Road.

1.2 Mature hedgerows form the boundaries to west, north and east and there is an established tree belt to the south, which separates the site from the industrial area beyond. The nearest dwellings are on Market Hill to the south-west of the site.

1.3 The urban extent for Boroughbridge runs along the southern boundary of the site. The south-eastern corner of the site abuts the edge of the Registered Historic Battlefield. The northern extent of the Boroughbridge Conservation Area lies at its nearest 20m south of the site boundary. The former Station House to the south-west is a Grade II listed building.

1.4 The field to the west of the site, on the opposite side of Dishforth Road, is currently being developed for 176 dwellings.

2.0 PROPOSAL

2.1 The proposal relates to the development of the site for 145 dwellings. Access is shown from Dishforth Road entering the site, with a looped route through the site with spurs leading off from the central loop.

2.2 Housing density is 30 dwellings per hectare (net housing area of the site being 4.38ha). Open market housing mix across the site is:

8no. 3 bed semi-detached

14no. 3 bed detached

39no. 4 bed detached

26no. 5 bed detached

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87 units in total.

2.3 Affordable housing mix on the site is:

8no. 1 bed semi-detached

36no. 2 bed semi-detached

12no. 3 bed semi-detached

2no. 4 bed semi-detached

58 units in total, or 40%.

2.4 Dwelling heights range from 1.5 - 2.5 storeys in height, with the few 2.5 storey units being located central to the site. It is proposed to use a mix of brick and render for materials under grey or red tiled roofs.

2.5 The layout shows an area of public open space to the north-east of the site and a childrens play area (LEAP) to the south-east. A footpath/cycleway is shown around the perimeter of the site, linking the areas of open space. Access also shown through the site from south-east to north-west, providing for footpath linkage to the adjacent development to the west and the public footpath that runs from Dishforth Road to Leeming Lane.

3.0 APPLICANT'S SUPPORTING INFORMATION

3.1 The application is accompanied by the following documents:

Planning Statement

Design and Access Statement

Affordable Housing Statement

Planning Layout

Plans and Elevations of house types

Public Open Space details

Landscape Masterplan

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4.0 RELEVANT HISTORY

4.1 15/04164/OUTMAJ – Outline application for erection of up to 145 dwellings with access considered (Site Area 7ha). PERMITTED. 02.08.2016.

4.2 16/05112/DISCON – Application for partial approval of details under condition 24 (Archaeological investigation) of planning permission 15/04164/OUTMAJ – Outline application for erection of up to 145 dwellings with access considered (Site Area 7ha). CONDITION DISCHARGED 12.12.2016.

4.3 17/00382/DISCON – Application for approval of details required under condition 26 (Giant Hogweed) of permission 15/04164/OUTMAJ - Outline application for erection of up to 145 dwellings with access considered (Site Area 7ha). CONDITION DISCHARGED 06.03.2017.

4.4 Pre-application discussions and meetings have been held between the applicant and officers. Advice was given on improvements sought to the design and layout.

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 and how these are expected to be applied. Planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework is a material consideration in planning decisions.

5.3 At the heart of the NPPF is a presumption in favour of sustainable development.

5.4 Core Strategy

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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 EQ1 Reducing risks to the environment Policy EQ2 The natural and built environment and green belt Policy C1 Inclusive communities Policy TRA1 Accessibility Policy TRA2 Transport infrastructure Policy TRA3 Travel management

5.5 District Local Plan (2001, As Altered 2004)

Policy C2 Landscape Character Policy HD6 Historic Battlefield Sites Policy HD13 Trees and Woodlands Policy HD20 Design of New Development and Redevelopment Policy H5 Affordable Housing

5.6 Supplementary Planning Documents

Residential Design Guide Biodiversity Design Guide Landscape Design Guide Landscape Character Assessment of Harrogate District Provision for Open Space in Connection with New Housing Development Provision for Village Halls in Connection with New Housing Development

5.7 Other material policy considerations:

National Planning Policy Guidance

6.0 CONSULTATIONS

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6.1 Environmental Health – An acoustic barrier is to be provided to the south of the site to protect dwellings from noise from the industrial area to the south. The barrier will have a minimum 4m stand-off between the rear gardens and the southern boundary of the site and will be at a height of 2.5 or 2.7m. There is no objection to the proposal.

6.2 NYCC Lead Local Flood Authority (SuDS) – Based on the information submitted the LLFA has no comment to make on the application. Details relating to drainage are conditioned as part of the outline planning permission.

6.3 County Education Officer – A contribution for primary school education provision will be required. The sum is £492,855.

6.4 Swale And Ure Drainage Board (Includes Claro) - No comments to make on the application.

6.5 Archaeology Society - No comments have been received in response to the consultation.

6.6 Harrogate Bridleways Association – Footpath around the perimeter of the development should be multi-user, footpath to Millby should be a dedicated route.

6.7 Ramblers Association - No comments have been received in response to the consultation.

6.8 Heritage Unit of NYCC – Condition 24 of the outline permission required submission of the results of a scheme of archaeological investigation, including a metal detecting survey, prior to submission of reserved matters. The results of this evaluation have been received and archaeological advice provided on 14.6.17. A suitable scheme of archaeological mitigation should be undertaken in response to the ground-disturbing works associated with the development. A condition is recommended to secure the archaeological recording of the site.

6.9 Historic England – The layout shows the agreed buffer zone to the south- east corner of the site, abutting the boundary of the Registered Historic

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Battlefield (Battle of Boroughbridge 1322). The location of the larger units, standing in larger plots, directly facing the battlefield is an appropriate response. Concern is raised over a lack of a proposed archaeological mitigation strategy, to be set out clearly in an agreed Written Scheme of Investigation (WSI). Note: The WSI, a trail trenching report and metal detecting survey has already been carried out on the site under condition 24 of 15/04164/OUTMAJ and further details are required under the condition requested by NYCC Heritage Unit.

6.10 Environment Agency - Dales Area Office – Based on the information provided the Environment Agency has no objections to the application.

6.11 Canal And River Trust - No comments have been received in response to the consultation.

6.12 NYCC Highways And Transportation - No objections to the proposed development.

6.13 DCS - Open Space – A commuted sum valued at £118,975.15 for the Provision of Open Space and £44,516.33 for on-site provision is required.

6.14 Housing Department – No objections to the scheme.

6.15 Yorkshire Water – No comments on the proposed layout and expect to be consulted on applications to discharge conditions relating to the outline planning permission.

6.16 Police Architectural Liaison Officer – Comments made on the layout in relation to crime prevention. Condition 23 on 15/04164/OUTMAJ requires compliance with Secured by Design principles.

6.17 EHO Contaminated Land - No comments received to the consultation. Any unexpected contamination will be dealt with under condition 33 of 15/04164/OUTMAJ.

7.0 VIEWS OF THE PARISH COUNCIL

The Parish Council does not object to or support the application but wishes to make the following comments:

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- parking inadequate - no attenuation pond - loss of vegetation to Dishforth Road and Moor Lane boundaries - where do footpaths lead to? - affordable homes must be for local families - consider financial contribution to community projects, improved flood defences and infrastructure maintenance.

7.1 The original version of the Parish Council’s comments can be viewed in full by looking at the details of the application on the Council’s website.

8.0 OTHER REPRESENTATIONS

8.1 No representations have been received.

9.0 ASSESSMENT

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

- Delivery of new housing and the housing land supply position - affordable housing provision - character and appearance - impact on heritage assets - amenity – impact on proposed residents - landscape - highways

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.

9.4 SOCIAL SUSTAINABILITY

9.5 Housing Land Supply

9.6 The Council’s Housing and Economic Development Needs Assessment (HEDNA) provides information on objectively assessed housing need. An updated housing supply position at January 2018 concluded that there is a

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4.5 years supply of housing land, including a 20% buffer, which equates to an annual requirement for 669 dwellings.

9.7 There was already an acceptance that 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 can be given only limited weight, as can Core Strategy Policies SG1, SG2 and SG3.

9.8 Furthermore, as the housing land supply is now less than five years, only moderate weight can be given to a number of other policies which seek to restrain the location of housing development. Applications therefore must be to be determined on a case-by-case basis with refusal only where the planning harm significantly and demonstrably outweighs the benefits to be gained by delivering new housing.

9.9 The site already has the benefit of outline planning permission for up to 145 dwellings and is shown as a commitment (site B7) within the emerging Local Plan (Site R8). However, as this Plan is at an early stage the emerging allocation currently carries little weight.

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. As the development plan is out-of-date Paragraph 14 of the NPPF is fully engaged. This states that planning permission should be granted unless:

- 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 - Specific policies in the NPPF indicate that development should be restricted.

9.11 In addition to the current 5 year Housing Land Supply position, the principle of residential development on the site was approved at Outline stage. The

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amount of development in terms of unit numbers is also in line with the outline approval. It is there considered that the principle of the proposal should be supported.

9.12 Affordable Housing

9.13 The scheme proposes affordable housing at 40% of the site total, 58 units. The affordable units would range in size from 1- 4 bed semi-detached dwellings. These would be integrated throughout the site in groups no larger than 9 units. The type and location of the units has been agreed with Housing officers and is considered acceptable.

9.14 ENVIRONMENTAL SUSTAINABILITY

9.15 Character and Appearance

9.16 The design and layout of the development are key considerations at Reserved Matters. The site margins are less dense with higher density in the centre. The 2.5 storey buildings are located within the centre of the site. The dwellings are set in from the site boundaries, enabling the retention of the hedge. Dwellings face the footpath to allow for natural surveillance. The south-eastern part of the site is less developed to allow for transition to the battlefield site.

9.17 The central spine road and footpaths through the site will allow for linkages to the development to the west and the public footpath that runs along the north of that site to Leeming Lane. The site has also been arranged to allow for legible access to the battlefield site and public open space to the south-east.

9.18 A mix of materials is proposed and they are considered to be in keeping with the surrounding area, in accordance with Saved Policy HD20 and Core Strategy Policies SG4 and C2. A condition requiring agreement of materials samples is proposed.

9.19 It is considered that the design of the developed will not result in adverse impacts.

9.20 Impact on Heritage Assets

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9.21 The application site is within the setting of Boroughbridge Conservation Area and within the setting of listed buildings. The south eastern boundary of the site borders the Registered Historic Battlefield ‘Battle of Boroughbridge 1322’ and the site is within the setting of the Historic Battlefield. Paragraph 132 of the NPPF classifies Registered Battlefields as heritage assets of the highest significance.

9.22 The site is within the setting of the Boroughbridge Conservation Area with views towards the Conservation Area from the south-east corner of the site. However, views are already obscured by tree cover and the development to the west. An area of landscaping is proposed to this corner to provide mitigation.

9.23 There is a Grade II listed building to the south of the site, the Station House. The building’s setting is now dominated by the surrounding industrial estate and views to and from the heritage asset is limited. A belt of trees lies on the site boundary and the nearest dwellings are shown to be 33m away to the north.

9.24 It is considered that there would be a neutral impact on the setting of the Conservation Area and the Station House from the development.

9.25 With regards the Battlefield, metal detecting surveys and trial trenching have already taken place. A further condition is recommended to ensure a suitable scheme of archaeological mitigation for the site. It is considered that whilst the proposal will change the setting of the Registered Battlefield, that it will not result in an unacceptable level of harm to its significance.

9.26 Amenity - impact on proposed residents

9.27 Saved Policy HD20 states that proposals for new development should respect the privacy and amenity of nearby residents and occupiers of adjacent buildings and should be designed with suitable landscaping as part of the scheme. Development contrary to those guidelines will not be permitted.

9.28 The proposed dwellings would have private gardens a minimum of 10m deep. Dwellings are arranged so that over-looking is prevented. Garages or off-

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road parking are also provided. It is considered that the amenity of proposed residents would be acceptable in line with Core Strategy Policy SG4.

9.29 Under the outline application, the industrial area to the south was identified as a noise source which may have a detrimental impact on the proposed dwellings. As part of the permission, condition 34 requires details of the noise attenuation proposed to be agreed. As part of the reserved matters application the position of the acoustic barrier has been agreed, which is to the southernmost boundary of the site, to the south of the existing tree belt. The barrier is expected to be between 2.5 and 2.7m high. The barrier would be stood-off 4m from garden boundaries and therefore the closest it will be to the rear of the proposed dwellings is 14m. It is not considered that the barrier will have a detrimental impact on the use of those garden areas, nor the amenity of future residents. The Environmental Health officers has no objections.

9.30 Landscape

9.31 Planting is shown to the margins of the site as well as along the entrance road, creating an avenue, and other smaller areas within the site. The Landscape officer has some general concerns that the proposal does not show trees to be planted within rear gardens, and that there are limited opportunities for the planting of trees of ultimate large size.

9.32 There is no arboricultural objection to the proposal subject to conditions relating to the provision of root protection areas and the provision of sustainable tree planting cells (to enable trees to be planted in close proximity to hard surface areas). These conditions complement those already included on the outline permission.

9.33 It is not common practice to stipulate the type of landscaping undertaken in rear gardens, where householders generally are able to plant and design their own amenity spaces. With regards the planting of large trees, it is considered that those shown on the proposed landscaping scheme would aid the greening of the site. A landscaping and replanting condition is recommended.

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9.34 Highways

9.35 Officers are satisfied with the proposed traffic calming measures and general layout across the site. Conditions relating to the construction and layout of the highway were included on the outline planning permission.

9.36 OTHER MATTERS

9.37 Drainage

9.38 An attenuation pond was shown sited in the neighbouring field on the outline permission. Attenuation has now been incorporated within the application site area. Drainage details are required under conditions 21 and 22 of 15/04164/OUTMAJ.

9.39 ECONOMIC SUSTAINABILITY

9.40 With regard to the economic role of sustainable development, the proposed development will help maintain jobs and economic benefits to the construction industry supply chain.

10.0 PLANNING BALANCE & CONCLUSION

10.1 The principle of a large scale residential development on this site has previously been established under planning permission 15/04164/OUTMAJ. The quantum of development and the means of access were agreed as part of the outline consent. The details submitted under the Reserved Matters are considered to be acceptable.

10.2 The erection of dwellings in this sustainable location is welcomed and will contribute to the Council’s 5 year Housing Land Supply. The proposal in in line with National and Local Policies and is considered to be acceptable.

11.0 RECOMMENDATION

11.1 That the application be APPROVED subject to conditions

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

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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: Linda Drake Expiry Date: 23 February 2018

Conditions

1 The development to which this approval of reserved matters relates shall be begun on or before the expiration of two years 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.

2 The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details:

0204-01 Rev K - Site Layout Plan

0204-02 Rev K - Enclosures Plan

0204-03 Rev D - Planning Layout

0204-04 - Streetscene along Dishforth Road

0204-05 - Streetscene along Moor Lane

0204 Rev C - Housetype booklet

R-1995-1 – Landscape Masterplan

R-1995-2 - POS Details Various

R-1995-3 – LEAP Details

3 Before the first use of any materials in the external construction of the roof and walls of the development hereby approved, samples of those materials shall have been made available for inspection by, and the written approval of, the Local Planning Authority and the development shall be carried out in strict accordance with the approved details.

4 A) No demolition/development shall commence until a Written Scheme of Investigation has been submitted to and approved by the Local Planning Authority in writing. The scheme shall include an assessment of significance and research questions; and

1. The programme and methodology of site investigation and recording

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2. Community involvement and/or outreach proposals

3. The programme for post investigation assessment

4. Provision to be made for analysis of the site investigation and recording

5. Provision to be made for publication and dissemination of the analysis and records of the site investigation

6. Provision to be made for archive deposition of the analysis and records of the site investigation

7. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

B) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A).

C) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

5 A detailed scheme for landscaping, including the planting of trees and or shrubs and the use of surface materials shall be submitted to the Local Planning Authority prior to the commencement of any external construction of the walls of the development hereby approved. The scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and the timing of implementation of the scheme, including any earthworks required and shall be implemented in strict accordance with details as approved by the Local Planning Authority.

6 In the event of failure of any trees or shrubs, planted in accordance with any scheme approved by the Local Planning Authority, to survive for a period of five years from the date of the completion of implementation of that scheme, such trees or shrubs shall be replaced by the developer with such live specimens of such species in such number as may be approved by the Local Planning Authority.

7 No operations shall commence on site or any development be commenced before the developer has submitted for approval detail for the root protection area (RPA) fencing in line with the 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

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developer shall maintain such fences until all development the subject of this permission is completed.

8 No operations shall commence on site in connection with the development hereby approved (including any demolition work, soil moving, temporary access construction and/or widening or any operations involving the use of motorised vehicles or construction machinery) until the root protection area (RPA) works required by the approved tree protection scheme and ground protection detail (no dig) are in place. The level of the land within the fenced areas shall not be altered without the prior written consent of the Local Planning Authority.

9 No operations shall commence on site in relation to the approved landscaping plan until a detailed scheme, for sustainable tree planting, has been approved. Such a scheme shall incorporate underground systems (e.g. Rootcell, Stratacell, Silva cell or similar products) and provide a sufficient area of growth medium for long term tree growth where tree development is compromised by hard landscaping such as footways, highways, driveways and structures including garages (if there is hardstanding on more than one side of proposed tree planting then underground systems are to be implemented). Such systems are used to protect underground services and above ground surfaces while providing long term and sustainable tree cover.

Reasons for Conditions:-

1 To ensure compliance with Sections 91 -94 of the Town and Country Planning Act 1990.

2 In order to ensure compliance with the approved drawings.

3 In the interests of visual amenity.

4 In accordance with Section 12 of the NPPF (paragraph 141) as the site is of archaeological significance.

5 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

6 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

7 To protect existing trees on the site during the construction phase.

8 To protect existing trees on the site during the construction phase.

9 To ensure the development provides for long term and sustainable tree cover in a manner that also protects underground services and above ground surfaces.

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