HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 30 September 2014

HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 30 September 2014

PLAN: 01 CASE NUMBER: 14/02804/OUTMAJ GRID REF: EAST 430810 NORTH 451405 APPLICATION NO. 6.79.1136.AM.OUTMAJ DATE MADE VALID: 10.07.2014 TARGET DATE: 09.10.2014 REVISED TARGET: CASE OFFICER: Mrs Kate Williams WARD: Pannal

VIEW PLANS AT: http://uniformonline.harrogate.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=N8I7Z5HY64000

APPLICANT: Forward Investment LLP

AGENT: Mr Jay Everett

PROPOSAL: Outline application for demolition of existing buildings to be replaced with a mixed use development to include dwellings, serviced employment plots (use class B1), retail units (use class A1) and care home (use class C2), park and ride, sports pitches and amenity space with access considered (site area 10ha) (revised scheme)

LOCATION: Pannal Business Park Station Road Pannal North Yorkshire

REPORT

SITE AND PROPOSAL The proposal seeks a revision to the outline approval (13/02358/OUTMAJ) for mixed used development at the former Dunlopillo site referred to as Pannal Business Park. The revision is for the inclusion of a Care Home (use class C2) on land reserved for plots for employment use.

Overall the proposal seeks outline consent for the demolition of existing buildings to be replaced with a mixed use development to include dwellings, serviced employment plots (use class B1), retail units (use class A1) and care home (use class C2), park and ride, sports pitches and amenity space with access considered (site area 10ha).

The decision at the Planning Committee on 24.09.2013 was to approve the application, deferring approval for the signing of a section 106 agreement. The Head of Planning Services was authorised to approve the application subject to the conditions and such conditions as considered necessary following the completion of the S106 Agreement. The S106 agreement was finalised on 19.03.2014 and the decision made by the Head of Planning Services on 21.03.2014.

As with approved application (13/02358/OUTMAJ) all other matters including the scale, appearance, layout and landscaping are reserved for subsequent approval. The proposal will include the retention of the ‘art deco building’, 120 dwellings, 9735sqm of office and light industrial accommodation within Use Classes B1 and B1c, 557 sqm of retail space (A1 Use Class), a park and ride with 75 car parking spaces, a link to the Station, provision of sports pitches, amenity space, modified access to Station Road and creation of new roundabout and access from the A61 Leeds Road.

The Dunlop company left the site circa 2008, the site is now used for a variety of small and medium business with a range of B1 to B8 uses as the former company went into administration and the site was vacant. The site is predominantly previously developed site which falls within the Development Limits of Pannal. Part of the application site falls within the Green Belt. There site also has various woodland Tree Preservation Orders 05/00050/TPORDR and 12/00047/TPORDR to the south east and southwest. There are no other land use constraints.

The previously developed part of the site extends approximately 6.8 hectares and forms roughly wedge shaped area between the A61 to the southeast and the Leeds-Harrogate railway to the northwest. The site extends from the centre of the village to the northeast open countryside to the southwest. The business site is predominantly brownfield, but the application also includes areas of agricultural land within the application boundary to the south and southwest resulting in an overall site area of 10.26 Ha.

The railway line which includes Pannal station creates a distinct boundary to the site to the northwest; as does the open countryside to the southwest, which also forms the Green Belt boundary. The boundary to the A61 road is less distinct due to other commercial and residential premises having road frontages. Station Road forms the northeast boundary. The area around Station Road is of mixed land use character, comprising the Memorial hall, car park, post office and residential dwellings.

The application site is currently accessed from Station Road. Within the site the main office building dominates, there is an office block of attractive ‘art deco’ style at the site entrance and several other minor structures around the main buildings. The larger building compromise a four storey concrete framed brick/clad office block, while the other functional buildings are 1.5/2 storey industrial, generally brick with corrugated roofs. Various items of plant have been located on the site including various flues. There are areas of hard standing and car parking throughout the site. Within the site is an unused ‘sports ground’ area containing a derelict pavilion and groups of trees covered by Tree Preservation Orders (TPO’s). Land levels vary significant within the site. This is most apparent when viewed from the A61 as the businesses fronting the road are at a significantly higher level which affords views over the site. The site slopes from this elevated position down towards the railway line.

The proposal is supported with an amended Design and Access Statement together with an illustrative layout that gives an indication of how the site could be developed. The proposed layout is largely the same as approved application 13/02358/OUTMAJ. However the land proposed for light industrial units B1 c which was sited within the largely undeveloped part of the site has been substituted for land to provide a Care Home (use class C2). Apart from the redevelopment of this part of the site the proposal as submitted is the same as the earlier approved outline proposal 13/02358/OUTMAJ.

The approved layout shows a modified access from Station Road. It is proposed that this area will include pedestrianised shared space and planting. It will potentially provide a focal point in the form of public square and an access point to the station (Leeds bound), links to the park and ride, and small retail element on site. It will include the retention of the ‘art deco’ building. Office buildings will be sited in similar location to the red brick office buildings on site. The indicative layout shows undercroft parking, and will include an element of retail.

This area is adjacent to higher density residential development, which gradually reduces in density towards the southern edge of the site and boundary with the Green Belt. A Green link runs from the public area through the residential area towards the proposed playing fields.

The playing fields are proposed along the southern boundary outside of the current site and within the Green Belt. A 9-aside pitch and 7-aside pitch is proposed and a play area. The other area of land outside of the curtilage of the industrial area incorporates the A61 to the south of the site and will be used to create the access into the site to form a new three arm roundabout from the A61 Leeds Road. It will also incorporate pedestrian and cycle access and to the south of this access road could accommodate tree planting. This part of the applications site is overlooked by 3 residential properties, which are set back approximately 55m at the nearest point from the access road. Woodland planting provision to the roundabout is shown in this area.

The remaining area will have a boundary with the car showroom on Princess Royal Way and is to be used for office and light industrial uses.

The application site and business park has a boundary with the properties at Spacey View. The land in this area is of a similar height to the residential properties and Princess Royal Way. It is proposed within this area to site the care home in place of business units. It is indicated that the scale will be two storeys (domestic in scale) from ground levels.

MAIN ISSUES 1. Policy Context 2. Principle 3. Affordable housing 4. Community facilities 5. Highway Network & Access 6. Indicative Layout, Scale, Appearance and Landscape 7. Ecological 8. Residential Amenity 9. Sustainable Construction 10. Environmental Impact 11. Land Drainage

RELEVANT SITE HISTORY The site has an extensive planning history, which more recently relates to small scale development following the closure of the manufacturing at the Dunlopillo factory. These are not of relevance to this application.

07/02567/SCREEN: Screening Opinion, Environmental Impact Assessment for demolition and redevelopment of site for residential, retail and business uses and health centre. Decision: Environmental Impact assessment not required. 29.05.2007.

07/05153/OUTMAJ - Outline application for the demolition of existing buildings to be replaced with a mixed use development to include 200 dwellings, B1 office space, retail, health centre, community facility, parking and amenity space with access considered (site area 6.8ha). REFUSED 04.01.2008

There were 6 refusal reasons: 1. The application site is currently in employment use and has been identified as having specific potential to be re-developed for a high quality business park by reason of its public transport links. In the absence of the scope for major office and business park expansion in the centre of either Harrogate or Knaresborough, or at Hornbeam Business Park, this site offers the only railway station based opportunity in the District for such a sustainable business park to serve Harrogate and Knaresborough and would make a major contribution to the specific needs for employment land in the region. If approved, this proposal would be likely to result in about 5.5 hectares of the 6.8 hectare site being developed for housing and associated open space, and it is considered that the availability of a five-year housing land supply in the District does not warrant the loss of this employment land to housing. The loss of employment land on this site and lost opportunity to maximise the transport benefits of the site would therefore be in conflict with saved Policy E2 of the Harrogate District Local Plan (as altered, 2004) and the Council's Submission draft Core Strategy Policy JB3 and TRA2.

2. The application proposals fail to make adequate provision for affordable local needs housing in that the proposed level and split of provision in not in accordance with the Council's policy approach. The Council generally seeks to secure a mix of 2 and 3 bedroom family dwellings, with about 65% in the rented sector and 35% in affordable home ownership. Therefore the application does not comply with saved Policy H5 of the adopted Harrogate District Local Plan (as altered, 2004).

3. The application proposals will result in unnecessary pollution and congestion on Pannal Bank and the A61, and would result in a form of development that conflicts with local and national guidance upon reducing the dominance of the car as the principle means of access for residential development contrary to saved Policies A1, T20, T21, and T22a of the adopted Harrogate District Local Plan (as altered, 2004), Policies T1, T3 and T8 of the Yorkshire and Humber draft revised Regional Spatial Strategy, and contrary to guidance in Manual for Streets, PPG 13 and North Yorkshire County Council Residential Highway Design Guide.

4. The application proposal makes no provision for the replacement of the existing sports pitch and pavilion located within the site. In the absence of any evidence that these facilities are surplus to the requirements of the local community it is considered that the loss of recreation open space in the proposed redevelopment is contrary to Policy R1 of the adopted Harrogate District Local Plan (as altered, 2004). 5. The proposed provision of public open within the development is considered to be inadequate in both quantitative and qualitative terms, and the application proposals are therefore considered to be unsatisfactory in that the proposal fails to make adequate provision for open space requirements to meet local needs in accordance with saved Policy IMP2 Harrogate District Local Plan (as altered, 2004) and Government guidance in PPG17 (Sport & Recreation).

6. Having regard to the existing form and character of the settlement of Pannal, the Local Planning Authority does not consider that the scale, density, layout and design shown in the indicative proposals are sufficiently in keeping with the surrounding area to respect local distinctiveness, or make a positive contribution to the spatial and visual quality of the settlement, in accordance with the aims and provisions of saved Policies HD20, A1, H6, and H13 of the adopted Harrogate District Local Plan (as altered, 2004).

The above decision was subsequently appealed at Public Inquiry, and was dismissed, with all the above refusal reasons being accepted by the Planning Inspector.

08/00015/REFPP - Outline application for the demolition of existing buildings to be replaced with a mixed use development to include 200 dwellings, B1 office space, retail, health centre, community facility, parking and amenity space with access considered (site area 6.8ha). DISMISSED 27.02.2009

13/01684/SCREEN Environmental Impact Assessment Screening Opinion for 2.7ha of employment plots, 120 dwellings, park and ride car park, sports pitches and modification to accesses. ENVIRONMENTAL IMPACT ASSESSMENT NOT REQUIRED 29.05.2013

The screening opinion documentation has been considered in relation to Schedules 2 and 3 of Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. The proposal is unlikely to have significant effects on the environment by virtue of its size, nature or location. It is concluded that the development is not of more than local importance, or in an environmentally sensitive or vulnerable location and the proposal would not have unusually complex or potentially hazardous effects. As such it is the opinion of the Council that an Environment Impact Assessment is not required.

Taking into account the advice contained within the Planning Practice Guidance the screening decision taken earlier for this site, and the care home not falling within Schedule 2 development, the change proposed within this application is not considered to lead to further significant effect and an EIA is not required.

6.79.1136.AJ.OUTMAJ 13/02358/OUTMAJ Outline application for demolition of existing buildings to be replaced with a mixed use development to include dwellings, serviced employment plots (use class B1), retail units (use class A1), park and ride, sports pitches and amenity space with access considered (site area 10ha). PER: 21.03.2014

Harrogate Borough Council resolved to grant planning permission on 24 September 2013 for outline planning permission as described above. A section 106 agreement was signed on 19 March 2014, which includes public open space, education and highways contributions. Public Open Space contributions, Provision of on-site public open space and Open Space Management Plan. The contribution to be expended on the provision or upgrading of off-site open space within the parish of Pannal which meets the criteria of Policy C1 of the Harrogate District Core Strategy in the sum of £222,884.32 in respect of the provisions or improvements or maintenance of cemeteries and disused churchyards, outdoor sports facilities. The provision of on-site public open space within the development to include a Local Equipped Area for Play (LEAP) a 9 aside pitch, a 7 aside pitch. In respect of the provision of improvements to Pannal Village Hall to address the qualitative deficiencies identified in the Council’s Village Hall Assessment dated 18/12/13. The amount is £154,753.00.

Education Contributions to be deposited with North Yorkshire County Council of £380,688 for the purpose of providing additional educational facilities at Pannal Primary School or other schools that will serve the development.

Highway Contributions to be deposited with North Yorkshire County Council of £25,000 as a contribution to the cost of providing highway improvements to the signalised junction at Pannal Bank/A61 Leeds Road/Follifoot.

6.79.1136.AK.DVCMAJ - 14/01256/DVCMAJ – Variation of condition 13 of planning permission 6.79.1136.AJ.OUTMAJ to allow sustainable code level 4 instead of 6. PER 21.08.2014

CONSULTATIONS/NOTIFICATIONS

DCS Arboricultural Officer Arboricultural objection there will be a reduced number of trees replanted at the site due to the proposed extensive and additional footprint of the building. There a reduced screening between the two due to a loss in replacement planting numbers, there is an added impact due to the proximity of the building to the woodland and properties. This will place greater impact upon the woodland going forward due to natural requests for works to be carried out to those trees from care home residents.

Rural Strategy Officer No objections on ecological grounds to the outline application, provided that the issues raised below are addressed within the full application, in accordance with conditions to be imposed along the lines of those recommended below.

NYCC Highways And Transportation The LHA recommendation to this application is as that submitted to the previous outline application 13/02358/OUTMAJ with the exception that an additional condition is recommended to upgrade the existing traffic signals on Station Road to introduce a pedestrian phase.

DCS - Open Space Not received - (The proposal does not require any further contribution as required by Core strategy Policy C1).

EHO Contaminated Land The EHO would reiterate the comments that were made on the previous outline application and suggests conditions.

Housing Department No comments received - (the amount of affordable housing proposed is unchanged and no further requirement under Policy H5).

Network Rail The position is as for those previously sent in respect of application 14/01964 (withdrawn). We have no further observations to make given the proposed pedestrian access to the up platform remains unchanged.

H.B.C Land Drainage Comments not altered from comments made on 16 July 2013 (13/02358/OUTMAJ).

Land Use Planning Not received.

Conservation and Design Section Does not support the proposals for such a large care home on a site of inadequate size.

Landscape Officer Landscape objection, due to proximity to trees and inadequate space for planting.

Environment Agency - Dales Area Office Advises to refer to response made for 13/02358/OUTMAJ. No objections.

County Education Officer Not received - (The proposal does not require any further contribution as required by Core strategy Policy C1).

Police Architectural Liaison Officer Pleased to see that Secure by Design is mentioned and that the full planning application will seek Secure by certification. Makes recommendations that can be attached to report.

DOT - Highways Agency Offers no objection.

KIRKBY OVERBLOW PARISH COUNCIL (141) Not Received.

Economic Development Officer On balance a proportionate loss of employment land can be justified on this occasion, providing that assurances can also be secured regarding early phasing of the remaining employment allocation on the site.

Planning Policy Policy objection could be waived in this particular circumstance provided that stronger conditions are applied to ensure that the remaining serviced employment plots and supporting infrastructure are brought forward earlier in the sites development. RELEVANT PLANNING POLICY NPPF National Planning Policy Framework CSSG1 Core Strategy Policy SG1 Settlement Growth: Housing Distribution CSSG2 Core Strategy Policy SG2 Settlement Growth: Hierarchy and limits CSSG3 Core Strategy Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt CSSG4 Core Strategy Policy SG4 Settlement Growth: Design and Impact CSEQ1 Core Strategy Policy EQ1: Reducing risks to the environment CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt CSJB1 Core Strategy Policy JB1: Supporting the Harrogate District economy CSJB2 Core Strategy Policy JB2: Conference and business tourism CSJB3 Core Strategy Policy JB3: Land for jobs and business CSC1 Core Strategy Policy C1: Inclusive communities CSTRA1 Core Strategy Policy TRA1: Accessibility CSTRA2 Core Strategy Policy TRA2: Transport infrastructure CSTRA3 Core Strategy Policy TRA3: Travel management LPC02 Harrogate District Local Plan (2001, as altered 2004) Policy C2, Landscape Character LPE02 Harrogate District Local Plan (2001, as altered 2004) Policy E2, Retention of Industrial/Business Land and Premises LPHD13 Harrogate District Local Plan (2001, as altered 2004) Policy HD13, Trees and Woodlands LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPR01 Harrogate District Local Plan (2001, as altered 2004) Policy R1, Existing Recreation Open Space LPR05 Harrogate District Local Plan (2001, as altered 2004) Policy R5, New Sports and Recreational Facilities LPR12 Harrogate District Local Plan (2001, as altered 2004) Policy R12, Sport and Recreation Development in the Countryside LPNC04 Harrogate District Local Plan (2001, as altered 2004) Policy NC4, Semi-Natural Habitats LPT11 Harrogate District Local Plan (2001, as altered 2004) Proposal T11, Park and Ride SPDPOS Supplementary Planning Document: Provision for Open Space in Connection with New Housing Development SPDPVH Supplementary Planning Document, Provision for Village Halls in Connection with New Housing Development SPGLAP Supplementary Planning Guidance, Landscape Character Assessment of Harrogate District SPGRES Supplementary Planning Guidance, Residential Design Guide SPDHSE Supplementary Planning Document: House Extensions and Garages Design Guide

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 15.08.2014 PRESS NOTICE EXPIRY: 14.08.2014

REPRESENTATIONS 6 representations have been received in total. The representations have been received from residents of Spacey View, Pannal Avenue, Station Road, the Pannal Village Society and the Pannal Village Hall Management Committee. As specifically requested within a letter of representation, the individual contributor’s previous representation to application 13/02358/outmaj is also summarised within the comments.

Objections raised in relation to the development. * A pedestrian entrance is shown on the plans which are linked to land shown in deeds for Spacey View [Not within applicant’s ownership or the application boundary]. *Concerns over the proximity of the care home to, and maintenance of, the protected trees under TPO *Object to traffic through site *Proposed planting to south and south west of Spacey View would impact upon their amenity in terms of outlook and views *Planting would compromise openness of Green Belt *Object to footpath link near Spacey View within ownership of property at Spacey View *Footpath does not follow easiest route for link to A61. *A Care Home needs secure gardens for the residents. None, or insufficient, are provided. *There is insufficient car parking provided. *should not result in a loss of commercial employment land. *No public consultation exercise *concerned about the likely traffic problems at the Station Road access point *Object to undercroft car parking. *Object to the layout. *The proposed retail area is too large for local needs *Effective Landscaping required

Comments made in support (made within 2 representations) * supports inclusion of care home *support the concept of mixed development of this site *pleased that it is intended to retain the art deco office front *support the proposed new access road to the A61. *sports pitches should be on site.

The Pannal Village Society: * Supports the inclusion of the Care Home provided there is no dilution of conditions and obligations associated with the approved application.

The Pannal Village Hall Management Committee: * Dedicated village hall parking should be provided within the development site if the Council cannot protect the existing car park [outside of the application boundary and applicants ownership] for the community. * Restrict access from Station Road to protect users of the village hall. * The existing S106 should be safeguarded.

VOLUNTARY NEIGHBOUR NOTIFICATION None with this proposal.

A Statement of community Involvement was submitted with the approved application. This Statement details the process of community and stakeholder involvement and engagement undertaken by the applicant throughout the preparation of the application is as follows and set out in the accompanying Statement of Community Involvement:

* Representatives of Forward Investments LLP met with the local Ward Councillors to explain the proposals during January, March and May 2013. * A meeting was held between representatives of the applicants and representatives of Pannal Village Society in February and March 2013. * A meeting with representatives of Pannal Sports Junior Football Club was held in March 2013. * Letters were sent to all Council Members, the Committee of the Village Hall and the Committee of the Pannal Village Society inviting them to a VIP ‘drop in’ consultation event on the 18th March between 430pm and 730pm. * Letters were sent to approximately 200 local residents announcing the proposals and offering an open invitation to the public to attend the exhibition. * Posters advertising the exhibition were placed in the Post Office in Pannal and at the village hall. * A press release was issued on the 12th March and radio and press coverage advertised the exhibition event. * A two-day public exhibition was held on the 19th March between 230pm and 730pm; and on the 20th March between 430 and 830pm. * A questionnaire survey was delivered to approximately 450 households by the local scouts on the 20th March and a collection box was left in the Post Office until the 31st March 2013.

ASSESSMENT OF MAIN ISSUES 1. POLICY CONTEXT - The NPPF published in March 2012 sets out the Government’s planning policies for England 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.

The NPPF requires that housing applications are considered in the context of the presumption in favour of sustainable development and goes on to note that ‘relevant policies for the supply of housing should not be considered up to date if the local planning authority cannot demonstrate a 5 year supply of deliverable housing sites’. In taking decisions within the context of the presumption in favour of sustainable development the NPPF requires that where the development plan is absent, silent or relevant policies are out of date then permission should be granted unless: ‘any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole’ (para 14).

The Development Plan for the Harrogate District presently comprises the Harrogate District Core Strategy Development Plan Document, which was adopted on 11th February 2009, superseding a number of policies of the Harrogate District Local Plan, and forms part of the Local Development Framework, setting out the vision and the strategic policies for development and conservation in the Harrogate District up to at least 2021; and ‘saved’ policies of the Harrogate District Local Plan (adopted February 2001) incorporating Selective Alteration (adopted May 2004);

On the 29 November 2013 the Council submitted the Sites and Policies DPD to the Secretary of State for independent examination. The Inspector appointed to examine the Plan opened the hearing sessions on 23 April 2014. At these sessions (and in a letter to the Council dated 29 April 2014) the Inspector raised concerns in respect of the evidence to support employment land provision and the housing supply position. A meeting of Full Council convened on 18 June to consider the Inspector’s concerns, and the decision was made to withdraw the Sites and Policies DPD from Examination.

Following the withdrawal of the Plan no material weight can be given to the Sites and Policies DPD in considering this application. Furthermore the Inspector’s concerns call in to question a number of policies within the adopted Core Strategy, including the annual housing requirement figure of 390 dwellings per annum. The Inspector notes that when this figure is compared to the Council‘s Strategic Housing Market Assessment figure (SHMA) of between 862- 1086 this represents ‘a very substantial shortfall’. This means that 390 dwellings per year cannot continue to be used as the starting point for calculating the 5 year land supply position. Instead, taking into account recent legal judgements the figures 862-1086 will need to be relied upon as the best available evidence of housing need. On this basis it means that the Council’s 5 year land supply position is likely to be between 3.3 and 2.7 years supply

The Council does not, therefore, currently have a 5 year housing land supply, which has implications for the determination of individual planning applications. By virtue of paragraph 49 of the NPPF, “relevant policies for the supply of housing should not be considered up-to- date” if a 5 year supply cannot be demonstrated. Instead, housing applications should be assessed under paragraph 14 of the NPPF and the presumption in favour of sustainable development. That will require such applications to be granted unless they are not sustainable in terms of the NPPF, any adverse impacts would significantly and demonstrably outweigh the benefits, or other specific policies in the Framework justify refusal.

Although the housing policies SG1 and SG2 are not up to date, as the target figure of 390 dwellings falls short of meeting the districts housing needs. They can be given some weight in relation whether a proposal is sustainable. SG1 sought to make provision for new homes preferably for the reuse of previously developed land and buildings, with SG2 identifying the development limits. The business site is within the previously defined development limits of Pannal.

SG3 seeks to protect the countryside in accordance with national planning policy but in order to promote a sustainable pattern of rural development. It also requires development in the Green Belt to accord with national planning policy.

SG4 requires that all development proposals in the District should comply with the following criteria. The scale, density, layout and design should make the most efficient use of land; and a) be well integrated with, and complementary to, neighbouring buildings and the spatial qualities of the local area; b) be appropriate to the form and character of the settlement and/or landscape character. Visual, residential and general amenity should be protected and where possible enhanced. Inter alia this policy also seeks to ensure development proposals comply with Core Strategy Policies, EQ1, EQ2, TrA1, TrA2 and Tra3.

EQ1 seeks to ensure that in partnership with the community, the development industry and other organisations, the level of energy and water consumption, waste production and car use within the District, and the consequential risks for climate change and environmental damage will be reduced. EQ2 states that the District's exceptionally high quality natural and built environment will be given a level of protection appropriate to its international, national and local importance. Subject to the District's need to plan for new greenfield development, the landscape character of the whole District will be protected and where appropriate enhanced. One of the priority measures to protect and enhance the District's natural and built environment is to ensure that new development incorporates high quality locally distinctive design. This policy also includes reference to the designated Green Belt.

C1 states that Proposals for the use and development of land will be assessed having regard to community needs within the district and seeks to ensure that the educational, sporting and recreational needs of local communities are met.

JB1 states that the Borough Council will work with its partners and communities to enhance the economic role of the district.

JB3 seeks to maintain a mix of sites and premises to ensure adequate provision for small and medium sized enterprises as well as maintaining and enhancing a good range and mix of employment sites.

TRA1 encourages the reduction in the need to travel and seeks to improve accessibility to jobs, shops, services and community facilities.

TRA2 seeks that where development is proposed on sites adjacent to public transport nodes it is necessary to investigate whether or not the site is required to enhance public transport facilities, if this is not the case the sites accessible location and potential to improve access to jobs, services and facilities should be maximised.

TRA3 this policy identifies areas where the Council will work with the County Council and other transport providers to implement measures to reduce traffic congestion and improve accessibility to jobs, shops, services and facilities

‘Saved’ Harrogate District Local Plan (HDLP) Policy E2 states that the loss of industrial/business land and premises to other uses will not be permitted unless the continued use of the site would cause unacceptable planning problem or the site is allocated for another purpose in this plan, and is also subject to the advice contained within the NPPF..

H5 states that the Council will seek the provision of an element of affordable housing. The amount and type of affordable housing to be provided and the mechanism by Which it will be secured will be determined by negotiation between the council And developers. This will take into account the extent and nature of local needs And have regard to the location of the site relative to local services and facilities, access to public transport, scheme economics including prevailing Market and site conditions, other planning objectives for the site and any Alternative opportunities for meeting local housing needs.

HD13 Trees and Woodlands seeks to resist proposals that would involve the loss of trees or woodland that contribute to the character or setting of a settlement.

HD20 of the Local Plan states new buildings should respect the character of their surroundings and in important locations should make a particularly strong contribution to the visual quality of the area. New building 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. New building should respect the local distinctiveness of existing buildings, settlements and their landscape setting. New development should also respect the privacy and amenity of nearby residents and occupiers of adjacent buildings. Development which is contrary to these design principles will not be permitted.

R1 seeks to retain existing public and private recreational open space unless one of four criteria is satisfied. The relevant criteria here is that: “A satisfactory replacement facility is provided in the catchment area which it serves” and where criteria ‘D’ which states that in the case of playing fields where facilities can be retained and enhanced through the development of a small part of the site.

R5 requires new sports and recreational facilities to be located in or adjacent to build up areas, well served by public transport and not give rise to significant traffic problems, and there is a need for them to be appropriately landscaped.

R12 sets out the criteria for sports facilities within the opens countryside which must be of an open nature and advises similar criteria to R5.

C2 is supported by The Harrogate District Landscape Character Assessment (HDLCA). Pannal is bordered by a number of Landscape Character Areas, the nearest being, Area 58 known as Middle Crimple Valley, which occupies the outlying landscape to the north. The Crimple Valley is important to the setting of Harrogate and provides an essential green ‘rural corridor’ separating Harrogate from Pannal. To the south lies Area 61 known as South West Harrogate Upland Fringe Undulating Farmland and Area 62 known Wharfe Valley Side Farmland where the landscape is moderate to large scale and is the broad hummocky valley side of the Wharfedale Valley. The area is important to the setting of Harrogate as it separates the town from the conurbation of Leeds.

NC4 states that outside designated sites development will not be permitted which would result in the loss of or damage to semi-natural habitats which are important for nature Conservation. Protection of these habitats will be afforded in accordance with their importance within the district.

T11 states that apart from site specific locations elsewhere in the District there may be scope for park and ride facilities on a reduced scale. The Council will investigate opportunities for introducing park and ride facilities as a means of improving parking provision generally and reducing congestion in central areas.

There are also a number of Harrogate Borough Council adopted Supplementary Planning Documents (SPD) and Supplementary Planning Guidance notes (SPG) which are also of relevance to the proposed development. Of relevance to this application are the Residential Design Guide, the Sustainable Construction and Design Guide, the Affordable Housing – Guidance for Developers and Planners and guidance on the Provision of Public Open Space and Village Halls, the Landscape Design Guide and the HDLCA.

2. PRINCIPLE - At its meeting on 17 October 2012 Full Council decided to include this site as a potential allocation in the Publication Draft Sites & Policies Development Plan Document (DPD) which was published for consultation during June/July 2013. The allocation was for a mixed use scheme in line with the following development guidelines: * Redevelopment of the site to provide at least 2.7 hectares of employment land in the form of a high quality multi-use business park. * Provision of park and ride facilities associated with, and connected to, the train station. * Provision of around 120 dwellings fronting onto Station Road, to be a mix of market (60%) and homes for local people and families at affordable prices (40%). * Provision of the opportunity to provide small scale local shopping facilities fronting onto Station Road. * Provision of car, cycle and pedestrian access off the A61 Leeds Road. * Provision of generous space and landscaped areas between buildings. * Retention and enhancement the vegetation alongside the railway line and the grassland area in the south west corner of the site. * Replacement of the existing sports ground on land to the southwest of the site, with new clubhouse facilities and car parking provided within the site. * Provision of an attractive and open pedestrian route along the length of the site from Station Road to the new sports facilities and to the Leeds Road.

Sites that were included in the Sites and Policies DPD as draft allocations are part of the history of what the Council regarded as appropriate and sustainable at that point in time. Therefore, unless circumstances have changed, the same weight can be given to the Council’s previous stance in support of this site.

The site was identified as a draft allocation for mixed use development in the Publication Draft Sites & Policies DPD, this was afforded limited weight when determining the planning application. However, there was no planning policy objection to the proposed redevelopment of the site. It was the inclusion of the site towards the Council’s 5 year land supply alongside the purported increase in the number of FTE jobs employed which weighed in the favour of the proposed development. In addition to this benefit was the sustainable location and accessibility of the site as a mixed use development. These material considerations in the assessment of the acceptability of the proposed scheme ensured accordance with the Council’s policies and the National Planning Policy Framework.

As there is similar outline consent for the redevelopment of the site, this is a material consideration which should be afforded weight. Unless there is a significant change in circumstances that would indicate any adverse impact of doing so would significantly and demonstrably outweigh the benefits, when assess against the policies in the framework. The change in circumstances in this case relate to the reduction in the amount of employment provision on the site due to the principle of the inclusion of the care home.

As stated above the site was included as a draft allocation, and was within the development limits of Pannal. In addition consent has been granted under application 13/02358/OUTMAJ which for the majority of the site is indicated to be as similar as this proposal. Whereas under other circumstances the loss of en employment site would not be considered sustainable development, given the history of the site the principle of the re-development of the site is largely considered to be sustainable.

The report by Regeneris Consulting concluded that for the approved outline development 13/02358/outmaj the new business park would support circa 665 full time equivalent (FTE) jobs (allowing for an average occupancy of 85%) compared to the 200 FTE currently employed on the site. Consideration has to be given to the further loss of employment land in lieu of the new care home. It has been a long term aim of the council’s Economic Development team to see this site redeveloped predominantly as a modern business park, based upon a strategic ambition to build on the site’s long standing employment use and it’s sustainable location in relation to rail and road connectivity.

The proposed variation to the consent would result in the loss of 3240 sqm of commercial floorspace (out of an approved total of 12,975 sq m of light industrial) on an existing employment site thereby reducing the ability of the Pannal site to help accommodate these small and medium scale business requirements in the district. This issue therefore remains of primary concern from an economic development perspective.

The second concern related to the number of existing businesses located on the current employment site and the risk of displacement for these businesses due to the proposed reduction in employment land provision. Whilst this issue still holds true to a certain extent (in that whilst the original scheme might deliver potential relocation options for some of these existing businesses within the new development, the proposed reduction of B1 space at the site could further limit the opportunities for such relocation within the site) it must be acknowledged that this issue was far more central to the original ‘mixed use’ planning application debate (i.e. the original ‘loss’ of employment land) than it is to this variation.

The final issue from the economic development team related to an underlying concern that the residential elements of the mixed use scheme might be prioritised over the employment generating elements, thus a realistic risk that we may not actually see jobs or economic benefits materialise at the site in the short to medium term, or even the longer term. On revisiting this issue the Economic Development team acknowledge that the variation could reduce this concern/risk; in that it has the potential to ‘kick-start’ development of the site and deliver some economic benefits (infrastructure, jobs, investment) in the short term (albeit via a different employment generating use at the site than the B1 space would have been preferred.

From a wider economic development perspective the Economic Development Team recognise that the care home proposal has the potential to generate significant employment opportunities at the site in the short-medium term (c. 18-24 months) with an estimated 142 more FTE positions than the original mixed use scheme design envisaged. It is also acknowledged that the proposed care home scheme could also potentially generate higher levels of investment and more short term construction related employment than the original scheme might deliver. However, it should be noted that the type and level of jobs provided by a care facility (albeit a high dependency one) will typically be lower skilled and lower paid than the employment that was envisaged from the original scheme. Indeed the economic justification for the original scheme (provided by Regeneris) highlighted that it was closely linked to the Council’s own economic strategy by seeking to broaden the appeal of the site to attract higher skilled, higher paid employment opportunities that would be more aligned to Harrogate’s highly skilled workforce. The proposed variation will dilute the ability of this site to support this strategic economic development ambition, although it is acknowledged that the majority of the higher skilled jobs envisaged in the mixed use scheme were attributed to the office space development (which does remains in the scheme moving forwards).

The Economic Development team have also advised that it is questionable whether many of the jobs within the care facility would be taken up by Harrogate residents or whether the majority would instead be filled by in-commuters from outside of the district (as currently happens with many service sector and care sector roles in the district economy). However from a wider economic development perspective it is recognised that the job creation is likely to benefit residents within the wider functional economy of the Leeds City Region, particularly given the good connectivity of the site (by rail and bus) to this wider economic area.

Whilst the removal of employment land is not normally supported, the Economic Development team do recognise that the proposed revision to the approved proposals could potentially ‘kick-start’ development at this mixed use site and deliver significant economic benefits (infrastructure, jobs, investment) more quickly at Pannal than might otherwise be realised, which has to be seen as positive. In these particular circumstances Economic Development section on balance consider that a proportionate loss of employment land can be justified on this occasion, providing that assurances can also be secured regarding early phasing of the remaining employment allocation on the site.

The above view is reiterated by Planning Policy who have advised that in granting outline planning permission (ref 13/02358/OUTMAJ) the Council conceded to the loss of some of the existing employment land on the site to other uses due to the prevailing economic conditions at the time the outline planning permission was granted. The level of employment land currently permitted as part of the mixed use redevelopment of the site was based on an economic viability assessment undertaken by the applicant that considered all aspects of the scheme, including infrastructure requirements. The economic position of the District, and in particular the position of the housing industry, has improved since that assessment took place.

They have acknowledged that the care facility may generate more job opportunities that B1 business use, but that this is only part of the economic development consideration. The Council must ensure that there is a sufficient quantity, range and quality of employment land in the District to meet business needs. To this end, Local Plan Policy E2 seeks to protect against the loss of industrial and business land and premises to other uses unless specific criteria are met. In addition, Core Strategy JB3 states that from 2005-2021, a good range and mix of employment sites will be maintained and enhanced, with Criterion d) seeking to maintain an appropriate mix of sites and premises to ensure adequate provision for small and medium sized enterprises. The site is a valuable employment site with the potential to provide a significant number of high quality employment opportunities and improve the economic performance of the District. However, this potential will be diluted should this application be permitted and the quantum of dedicated employment land on the site be further reduced.

The NPPF recognises that there are three dimensions to sustainable development; economic, social and environmental. As part of the economic role the NPPF states that the planning system needs to “contribute towards building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation”. In relation to building a strong, competitive economy, paragraph 19 of the NPPF states that “The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth”, and that “significant weight should be placed on the need to support economic growth through the planning system”. By reducing the supply and type of suitably located employment land within the District it is considered that the proposal would not represent sustainable economic growth. Therefore, there are grounds for a policy objection to the revision to the approved outline application in line with Local Plan Policy E2 and Core Strategy Policy JB3. However, as stated previously by Economic Development, the Planning Policy section also recognise that the inclusion of a care home as part of the scheme could help to kick start the development of the site. On this basis, planning policy have advised that a policy objection could be waived in this particular circumstance provided that stronger conditions are applied to ensure that the remaining serviced employment plots and supporting infrastructure are brought forward earlier in the sites development.

The part of the site proposed for the care home consists partly of a cleared area and undeveloped area of the site without existing businesses on it. Therefore the commencement of the development on this part of the site is not tied to the tenancies of existing businesses, for which vacant possession cannot be achieved until late in 2016. The delivery of the serviced employment plots was therefore bound into the redevelopment of the rest of the site. The applicants advise that the Care Home will deliver 250 jobs in advance of 2016 as well as the key road infrastructure that will facilitate the earlier delivery of the rest of the site than would otherwise have been the case under the approved outline consent.

The principle of providing a care home on the site is therefore supported for the implications in terms of the ‘kick-start’ it would provide at this mixed use site. To summarise the proposal would deliver significant economic benefits (infrastructure, jobs, investment) more quickly, would secure employment generating use on the site. The development from a wider economic development perspective is also likely to benefit residents within the wider functional economy of the Leeds City Region, particularly given the good connectivity of the site (by rail and bus) to this wider economic area. The addition of the care home would ensure that the site would support a further 140 above the purported 665 full time equivalent of the approved outline scheme, which is compared to the 200 FTE currently employed on the site. The immediate implications for this proposal is that it would potentially allow the provision of housing, and remaining employment plots to be development to be developed sooner as the key infrastructure required would be in place when existing tenancies were concluded. In view of the current shortfall in the housing supply the need for housing is a greater requirement now than when the application was originally determined. The inclusion of a care facility would support the NPPF principle of sustainable economic growth, and the principle is supported.

A phasing plan has been submitted which would allow the construction of the care home and the associated infrastructure required to enable the remaining development of the site. A condition seeks to ensure that serviced employment plots are constructed prior to the occupation of 50% of the dwellings. This amended condition has been attached and will allow the construction of two phases of the development; the first phase will be the roundabout and access into the site with the construction of the care home. Phase 2 represents the remaining part of the site of the dwellings, playing fields and employment businesses.

It is the inclusion of the site towards the Council’s 5 year land supply alongside the purported increase in the number of FTE jobs employed which clearly weighs in the favour of the proposed development. In addition to this benefit is the sustainable location and accessibility of the site as a mixed use development. These material considerations in the assessment of the acceptability of the proposed scheme and are compatible with the land use policies and principles contained in the NPPF and the Council’s policies SG3 JB1, JB2 and JB3 and E2. Turning to the land use policies in relation to the site to accommodate a care home Local Plan policy CF9 advises that proposals for new community facilities are expected to be provided within the development limits of the main settlements and larger villages, where it is accessible, preserves residential amenity or results in no unacceptable loss of industrial, business or housing land, buildings, recreational land. The care home use is a more neighbourly land use for the proposed residential redevelopment of the site (however the scale is of some concern to officers).

Within the Core Principles of the NPPF is the principle of protecting Green Belt land. The Government attaches great importance to Green Belts. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence. The provision of appropriate facilities for outdoor sport, outdoor recreation and for cemeteries, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it is not inappropriate development. In addition local transport infrastructure which can demonstrate a requirement for a Green Belt location. There are two elements which fall within the Green Belt, firstly is the proposed new roundabout and access road into the site and the replacement and new sports pitches. Neither elements fall within the definition of inappropriate development.

The provision of facilities for outdoor sport and outdoor recreation within the Green Belt, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it, is not considered to be inappropriate development in the Green Belt by the NPPF (paragraph 89) or Core Strategy Policy SG3.

In relation to outdoor sports and recreation facilities Local Plan policy R5 requires new sports and recreational facilities to be located in or adjacent to build up areas, well served by public transport and not give rise to significant traffic problems, and there is a need for them to be appropriately landscaped. R12 sets out the criteria for sports facilities within the open countryside which must be of an open nature and advises similar criteria to R5. The proposed development includes the provision of replacement playing fields which will serve the development and village of Pannal, with increased links through the site.

The proposed loss of the public house to a convenience store is unrelated to this application. There is consent for a small scale convenience retail facility within the site under the approved application. This proposal still includes this element. The retail unit would be sited within the employment area of the site close to the office developments. The previous application sought to restrict the size of any unit to 186 sqm. The provision of the retail element within the scheme accords with the draft allocation and development guidelines for the site. The provision will increase the sustainability of the village through the provision of additional facilities and the proposed local retail facilities is considered to be of suitable scale for the village, the proposed residential development, employment element and surrounding neighbourhoods at Walton Park. This small scale retail development is consistent with the advice contained within the National Planning Policy Framework. And proposed retail facility would support the aims contained in TRA1 to reduce the need to travel and also Core Strategy policy and JB3 though providing an employment generating element.

3. AFFORDABLE HOUSING - Part 6 of the NPPF Core Principles advises that in respect of delivering a Wide Choice of High Quality Homes. Local Planning Authorities should use evidence bases to ensure that their Local Plan meets the needs for market and affordable housing in the area. Housing applications should be considered in the context of the presumption in favour of sustainable development. A wide choice of homes, widened opportunities for home ownership and the creation of sustainable, inclusive and mixed communities should be delivered. Where there is an identified need for affordable housing, policies should be met for meeting this need unless off-site provision or a financial contribution of broadly equivalent value can be robustly justified and such policies should also be sufficiently flexible to take account of changing market conditions over time.

LPH5 states that the Council will seek the provision of an element of affordable housing. The amount and type of affordable housing to be provided and the mechanism by which it will be secured will be determined by negotiation between the council And developers. This will take into account the extent and nature of local needs And have regard to the location of the site relative to local services and facilities, access to public transport, scheme economics including prevailing Market and site conditions, other planning objectives for the site and any Alternative opportunities for meeting local housing needs.

This site was within the development limit of a Group B settlement, where residential development is considered appropriate and sustainable under Policy SG2 of the Core Strategy subject to compliance with other relevant policies in the development plan. Since the 1 January 2011 the starting point for negotiating affordable housing under Local Plan Policy H5 has been 40% of the total number of dwellings proposed (subject to housing need). This is in line with the emerging Sites & Policies DPD Policy HLP7 that will expect 40% of the dwellings to be affordable on residential schemes of 3 or more dwellings in areas outside of Harrogate, Knaresborough and Ripon. The application proposed the development of 120 dwellings of which 48 (40%) will be affordable.

There has been no changes to the provision or amount of affordable housing proposed, and the housing officer previously stated on approved application 13/02358/outmaj:

“The SHMA 2011 identifies an affordable housing shortfall of 212 affordable homes per annum in the Harrogate sub area (including Pannal). The Council’s target is 40% affordable housing provision on this site (50% on allocated greenfield sites).This target is subject to financial viability.

The majority of these homes should be good sized 1 and 2 bed houses to meet the needs of newly forming households and those wishing to downsize. The tenure split should be approximately 70% affordable rented housing to 30% affordable sale (to address identified need and meet the needs of first time buyers). Local connection criteria will apply to all the affordable homes.

The applicants have confirmed their intention to provide 40% affordable housing of a type and mix to meet the Council’s requirements. If approved, the Council’s standard affordable housing condition should apply.”

This element of the proposal is as the recent outline approval and the proposed development would meet the requirement of ‘Saved’ local Planning Policy H5.

4. COMMUNITY FACILITIES & PUBLIC OPEN SPACE - The NPPF advises that Promoting healthy communities. Planning policies and decisions, in turn, should aim to achieve places which promote safe and accessible environments. To deliver the social, recreational and cultural facilities and services the community needs, planning policies and decisions should seek to enhance the sustainability of communities and residential environments, as well as achieving high quality open spaces. It also states Existing open space, sports and recreational buildings and land, including playing fields, should not be built on unless the loss resulting from the proposed development would be replaced by equivalent.

The proposal provides significant amenity space on site as part of the redevelopment; a green pathway links the urban public spaces near the Station to the proposed replacement playing fields within and play area. There is also an obligation package as specified in the earlier S106, which will be transferred to this proposal. There are no additional policy requirements which would result in changes to the obligation package. An Education contribution, determined by North Yorkshire County Council towards the provision of infrastructure associated with Pannal Village school or school served by the development was secured by S106 Agreement. The proposal provides a suitable replacement and additional sports provision and other contributions as required to satisfy Core Strategy Policy C1 and HDLP R1.

5. HIGHWAY NETWORK & ACCESS - Promoting Sustainable Transport. Encouragement should be given to solutions which support reductions in greenhouse gas emissions and reduce congestion. Developments that generate significant movement should be located where the need to travel will be minimised and the use of sustainable transport modes maximised.

A transport assessment (dated 14 June 2013) prepared by Optima was submitted in support of the outline planning application for the proposed mixed use re-development of the site. The document sets out the transport issues relating to the proposed revision and identifies what measures will be provided to accommodate ant transports impacts associated with the revision to the scheme. The scope of this has been agreed with the Highways officers at NYCC.

The Local Highway Authority (LHA) also reviewed the Transport Assessment that was submitted with the outline application to assess the likely impact of the development of the existing highway network. That proposal and this application includes the provision of a new site access via a roundabout on the A61 Princess Royal Way and the retention of the existing access to the site from Station Road creating a through link.

The Use of the existing access onto Station Road/Pannal Bank as the sole access point to the redeveloped site would not have been acceptable. This position was supported in the previous appeal on this site. This planning application therefore reflects the approved development access and the Council’s development guideline for the site which requires a new access to the A61 to the south of the site crossing the Green Belt. Paragraph 90 of the NPPF provides that local transport infrastructure which can demonstrate a requirement for a Green Belt location is not inappropriate development.

Chapter 7 of the TA identified the impact of the development proposal on the highway network. Assessments were undertaken at the following junctions and assessed against a base scenario in 2018 (a fully operational Dunlopillo Site) and the proposed re-development of the site including the provision of the new A61 Site Access junction and road through the site. This has included the following junctions: 1. Station Road signalised Railway Bridge 2. Station Road/Pannal Bank Priority 3. A61/Pannal Bank/ Follifoot Road Staggered signals 4. Drury Lane/Follifoot Road Priority 5. Hillside Road/Station Road Priority 6. A658/A61 Princess Royal Way Roundabout 7. Burn Bridge Lane A61 Princess Royal Way Priority; and 8. A658 Drury Lane Priority

This identified that there will be an overall reduction in peak vehicle movements across the study area above, but several will experience a small Percentage increases (less than 2.2%) mainly Burn Bridge Lane and the two way flow on the A61. The TA does identify that there will be a beneficial impact reducing traffic flows at the A61/Pannal Bank and Pannal Bank Station junctions. The results of the capacity assessment for the proposed new site access roundabout identify that the junction would therefore improve. This is however over the base scenario in 2018 which is based on the full utilisation of the Dunlopillo site, which is currently running at a capacity of 72% occupied.

It was also approved and is still proposed to retain the existing vehicular access from Station Road in its current form, and connect both new and old access together with a vehicular route through the site. The concerns have been raised that the new access would result in vehicles diverting from the new roundabout through the site onto Station Road and into the village of Pannal rather continuing along the A61 to obviate the need to wait at the Spacey Houses traffic light junction or using the Burn Bridge route, which is accessed from the A61.

The effect the access running from the new roundabout through the site on to Station Road was tested by the applicants. Their traffic modelling results show that there would be a beneficial reduction in overall traffic flows at the Spacey Houses/Pannal Bank Junction and there would be negligible change in traffic flows on local roads through Pannal.

The TA also identified that the access through the site from the A61 roundabout would not be more attractive to road users. It would likely add a further distance 1.1km to the journey, the railway bridge signal would add a further delay and additional 20mph speed limits and speed humps through Pannal Village.

The indicative layout of the road through the site would also necessitate a reduction in speed and add as a detractor to vehicles using this route to bypass the traffic on the A61. The road alignment and the introduction of ‘shared space’ and weight restrictions near the Station Road site entrance would also have an impact upon the desirability of using this as a cut through. Business park and care home traffic could be directed from the A61 thereby representing an improvement on the current access arrangements for business/industrial vehicles entering the site.

It is acknowledged that there are still concerns regarding the shared space and access through the site. The concerns expressed regarding the impact of the proposed development upon the roads within the village centre are still relevant; however weight has to be given to the previous outline approval, and further to the slight reduction in peak vehicles movements and type of vehicles this proposal would have, which is discussed further in view of the amended optima Travel Assessment. At reserved matters stage more detailed restrictions can be included within the proposals, the future layout of parking proposals should also be agreed with the LHA to achieve acceptable integration. To prevent the development being accessed from Station Road would limit the permeability of the site. It would also be unreasonable at this stage to condition further restrictions on this element given that the proposed care home would generate fewer vehicle movements.

The TA is still relevant, but has been updated to take into account the care facility. The care facility will operate 24 hours per day and will operate on a shift basis. It is estimated that a total of 51 staff are proposed to be on site at any one time. The proposed application is in outline only and therefore the car parking provision will be considered further at reserved matters stage. On the basis of 140 residents and a maximum of 51 staff being located on site at any one time in accordance with NYCC parkins standards a maximum of 53 spaces can be provided on site. Cycle parking spaces would also be required.

In order to provide a comparison with the approved B1 c land use in which the care home is replacing on site. The net vehicle trip generation as set out in table 4.5 of the amended Optima document shows a decrease of vehicles by a reduction of 11 during 08:00-09:00 and 8 between 17:00-18:00. The number of HGv’s/PSVs using the site will be lower for a care facility compared with the B1 c use in both peak hour periods and throughout the entire day.

The LHA also commented that with regard to pedestrian accessibility, pedestrians wishing to walk in a westerly direction to access the services and the primary school in Pannal have to cross Station Road at the existing drop kerb pedestrian crossing point on Station Road. The LHA’s Road Safety Team recently undertook a “Safe Walking Route Assessment.” Although this arrangement was considered acceptable at the time of the outline application there were concerns raised at that point that the situation may change when the residential development is fully occupied. They recommended a further assessment to be undertaken once the development is fully occupied and should the need be identified measures to improve pedestrian accessibility across Station Road. The position has subsequently changed with the proposal for the care facility included.

The Optima report advises that whilst the crossing is uncontrolled there are regular gaps in traffic movements which assist when crossing the road with good visibility. The approved Optima survey also identified a reduced vehicular movement during that network at peak hours. They conclude that pedestrian from the development will be able to safely and satisfactorily cross the Station Road bridge to access both the railway station and the village.

The LHA have advised that it is not considered that this provides a safe method of crossing Station Road for the elderly residents of a care home. In the interests of highway safety a more appropriate solution would be to introduce a pedestrian phase into the traffic signals as it allows additional time to cross and an audible beeper to assist the visually impaired. The LHA recommendation to this application is as that submitted to the previous outline application and that an additional condition is recommended to upgrade the existing traffic signals on Station Road. It is considered appropriate and reasonable to condition this element.

It is not considered reasonable to condition specific parking for the village hall as part of the development enable crossing the road to the village hall. The issue of providing secure parking for the village hall is a pre-existing problem which is not relevant to the proposal as the village hall is within walking distance of the proposed dwellings and provision would be made for walking routes through the site. Therefore the provision of specific allocated village hall parking within the development would not be necessary and relevant to the development. Neither is there a need for further crossing restrictions over the site, the highway authority has not raised this as a further constraint despite the need to update the crossing on Station Road. The applicant has already agreed to make a contribution of £154,753-00 in respect of the provision of improvements to Pannal Village Hall.

With the condition in relation to the proposed pedestrianised access at Station Road there is no objection from the LHA. The Highways Agency offers no objections to this amended proposal. The LHA considered that the proposal will have a benefit in minimising the impact on the local highway network in particular the A61/Pannal Bank/Follifoot Road signalised junction. To further improve the operation of the signals the Applicant has agreed to provide a £25,000 contribution towards the installation of MOVA (Microprocessor Optimised Vehicle Actuation) control. MOVA provides an enhanced system of traffic signal detection and control to suit the prevailing traffic conditions in order to reduce queuing. This proposal is supported by the LHA. This is included within the Section 106 agreement. With regard to cycling the LHA advised that there has been a long term aspiration to upgrade the existing footpath which traverses the fields between Pannal and Almsford Bank on the A61. The applicant has provided a commitment to provide an off road shared use footway/cycleway on the A61 between the points where the footpath adjoins the A61which is set out within the S106 agreement.

Access through the site for pedestrians and cycles would be from the vehicular access point and access point on the A61 Princess Royal Way and Station Road. It would also include an access up to the A61 past the proposed care home. This access is proposed on land which the applicant advises is in their ownership, and therefore dictates the position. Neighbours on Spacey View are concerned about the link with the private access they are responsible for. The existing plans show this as an existing link onto Spacey View. It would be better to have a link on the opposing side of the care home slightly closer to the bus route, but there is no land ownership which would allow this at this time.

By providing a proposed link to the A61 Princess Royal Way bus stops, the site is highly accessible and provides alternative options for travel. However the bus stop would be as accessible though the site and up Station Road as well as it is nearer to the BMW garage. The number 36 bus service between Leeds and Ripon that runs along the A61.

Another link could be possible between the northern boundary of the site and westbound platform of Pannal Railway Station. There is also the potential for the sports pitches to connect to the he link towards Crimple Valley.

Pannal has a range of facilities which will be within a 25 minute walk time of the site, such as the primary school, nursery, doctors, dental surgery, petrol stations etc. Cycling to these facilities is also a viable option and in addition Harrogate town centre is within a 5km distance.

T11 states that apart from site specific locations elsewhere in the District there may be scope for park and ride facilities on a reduced scale. The Council will investigate opportunities for introducing park and ride facilities as a means of improving parking provision generally and reducing congestion in central areas. It is proposed to include 120 office parking spaces, in addition to the care home parking spaces which are shown as providing for the B1 use on the site. The amount of parking provided is acceptable given the sustainable location of the site. Dedicated parking for a park and ride of 75 spaces would also be included on the site. However appropriate signage, delineation of the spaces and enforcement of their use should mitigate concerns at any reserved matters stage about their loss to other parking uses, operational requirements will be specified within the Travel Plan.

The site is highly accessible and sustainable and would allow all modes of travel choices to be used. The Travel Plan (TP) will further encourage sustainable travel choices, and it is proposed that this will be implemented and finalised pre occupation, and would seek to promote walking and cycling and as well as encourage the reduction in single occupancy car journeys to alternative modes including multi-occupancy vehicle trips.

The proposed development has provided a commitment that provisions can be made to reduce the need to travel and would provide a good level of accessibility to jobs, shops, services and community facilities. It is well related to the bus and rail network and includes a Transport Assessment, which is supported by the Local Highway Authority. The development also seeks to enhance road links and foot links to the railway station from the employment area. The introduction of the new access through the introduction of a roundabout would ensure that the concerns previously raised in relation to congestion on Pannal Bank are overcome and any impact upon the highway network is acceptable.

As such the proposal meets the requirements set in Core Strategy Policies TRA1 and TRA2 and does not conflict with TRA3. The provision of a new access through the Green Belt is not inappropriate development and this is outlined in paragraph of the NPPF.

6. INDICATIVE LAYOUT AND DESIGN - Great importance is attached within the NPPF to the design of the built environment and is a key aspect of sustainable development. It also advises that planning policies and decisions should optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses and support local facilities and transport network. Planning policies and decisions should concentrate on guiding the overall scale, density, massing height, landscape, layout, materials and access of new development in relation to neighbouring buildings and the local area. However, permission should be refused for development of poor design that fails to take the opportunities for improving the character and quality of an area and the way it functions.

The approved layout showed that the site could be developed to achieve 120 dwellings, and business units and playing fields. It illustrated that the visual impact upon the wider area could be mitigated with the gradual increase in density from the southwest of the site where the countryside meets the site boundaries. The approved layout was not considered to cause harm to the character or the village of Pannal. The indicative layout was considered to reduce impact upon the open countryside and Green Belt and the approach to Harrogate through low density development and screening of business units.

Whilst the Council’s draft development guidelines for this site did previously state that the residential element of the site should be located at the northern end adjacent to Station Road this requirement relates to the Council’s previous preferred option for the site to be redeveloped almost entirely as a business park with the provision of only 20 dwellings. With the increase of residential dwellings to be provided on the site to 120 it is considered that there is no longer the need for this requirement. There are benefits to locating the residential element of the scheme towards the southern end of the site as it helps to soften the impact of the development on the surrounding landscape and also relates well to outdoor sports provision at the southern end of the site.

It would therefore be inappropriate to have a continuous built density across the site, because high density would not reflect the character of Pannal as a whole. Conversely low density to reflect existing fringe development all across the site would be an inefficient use of the land. Subject to the position of the employment park, the development on the site should provide a smooth transition from the rural south to the higher built-form density of the area north and west of the site, whilst respecting the built-form density of housing to the east. The previous representations whilst many not objecting to the redevelopment of the site did object and express a desire to see the residential element more integrated with the remainder of the village, and to that end the residential element sited towards Station Road.

The concept of a main spine road linking the new access into the site with Station Road, with smaller roads providing access to the employment area and housing, provides was considered to be an appropriate hierarchy and could be attractive. Whilst not reflecting roads local to Pannal, the proposed tree planted boulevard would reflect avenues in Harrogate and would be an appropriate treatment if housing density is higher than the surrounding areas.

The existing ground level of the site is considerably lower than the car showroom on Princess Royal Way and the site constraints and opportunities plan shows the joint boundary with the car sales showroom and garage to be negative boundary conditions due to overlooking, noise. The back of the business units back on to the car showroom, whilst the care home would be sited to the side, with more planting between.

It was considered that the residential development should be of varying character and density through the site, with a mix of house types and tenures. The Illustrative Plan now shows in addition to semi-detached houses and a few detached properties, that terraces are to be integrated into the scheme where higher built form density is appropriate.

In addition the identification of the ‘art deco’ building as a Heritage Asset and its subsequent retention therefore lends to this element being retained in office use and as such, siting the employment and business units towards this area also link well with the proposed rail links retail unit.

The approved layout as with this proposal accommodates two green links which converge on a larger central open space that ultimately connects with the shared pedestrian spaces that give access to the station, Pannal Bank and the village centre. These spaces serve as a linear park leading from the Pannal Station link to the new proposed sports grounds and also acting as a buffer between B1 and residential uses. The spaces integrate with both primary and secondary access roads creating landscaped corridors of shared use public space for residential and B1 Office zones.

There were some concerns with regard to the overall layout of the scheme from the Council’s Conservation and Design Officer who has also commented that the DAS cannot be relied upon to ensure the detailed design of the development would be of sufficient quality to meet with policy requirements. However, it was considered that it would be possible to design a housing scheme based on the design objectives if the Design and Access Statement (DAS) were amended and additional information provided, and the Illustrative Plan amended in line with the revised DAS. The proposal does not take the opportunity to address these elements.

The previous proposal was also considered to illustrate that the visual impact upon the wider area could be mitigated with the gradual increase in density from the southwest of the site where the countryside meets the site boundaries. Weight is also attached to this layout as it seeks to reduce the impact upon the countryside which is designated Green Belt and the approach to Harrogate though low density development, and good screening of the business units.

Having regard to the existing form and character of the settlement of Pannal it was considered that the scale, density, layout and design shown in the indicative proposals were sufficiently in keeping with the surrounding area to respect local distinctiveness, or make a positive contribution to the spatial and visual quality of the settlement, in accordance with the aims and provisions of saved Policies HD20, SG4 and C2.

The proposed care home is to be sited in an area of the site that was to accommodate 1.5/2 storey industrial buildings, car parking and landscaping. The disposition of land outside of the 1st phase of development has not been altered from the approved application. The Conservation and Design officer has outlined their concerns about the form and massing of the building because of indicated footprint of the larger buildings, which are set close to a smaller building between them. It has been highlighted that there also appears to be insufficient space to provide secure gardens to meet the needs of the occupants, with the buildings too close to the trees on the south and east side, which will severely limit daylight into the building there, and obliterate any sunlight entering the rooms. It has also been advised that the location of the footpath linking the development to the A61 would not be secure, and in any event would be contrary to the desire line, which would be up the drive to the care home and up the bank to a location nearer the bus stops, however the current location falls within the ownership of the applicant.

A Landscape Visual Impact Assessment (LVIA) was prepared to examine the indicative visual impact of the proposals for the outline application 13/02358/outmaj. The report demonstrated that the development proposals and landscaping strategy would have significant beneficial impact on the character of the local area. Outline Landscape Strategy Proposals are provided and green corridors are shown that relate to the built development and serve to integrate the residential and commercial uses of the site.

The Landscape officer previously advised in relation to the approved plan that the main beneficial effects of the development would be the improved integration of the site with Pannal village. The proposed development would replace the existing medium/large scale industrial structures with smaller buildings more appropriate to the scale and pattern of the adjacent townscape. It was noted that the employment buildings were to be placed within the least visible areas of the site where they would be contained by existing woodland. It was acknowledge that this would still result in the loss of some vegetation, but the master plan identified land for green spatial corridors within the employment areas including internal structure planting with linkages to the main green corridor, which was a positive mitigation measure and this is still applicable for this application.

Of more concern was the visual impact upon the countryside and the Green Belt as a result of the proposed playing fields and access road. The LVIA notes that extensive mitigation measures, including dense screen planting and low mounding designed to ‘soften’ views of the proposed access road to minimise the visual effect on the ‘openness’ of the Green belt, would in time screen views of the road and the traffic using it.

Due to the location of the sports ground being located at the edge of the site this could impact on the rural character of the countryside field system to the west. The LVIA noted that in visual terms the encroachment of the sports pitches into the agricultural land would be partly offset by the demolition of the existing industrial buildings, including the flue stack, which currently detracts from southerly views. The existing site has an open sports ground which was formerly the sports ground for the Dunlop Factory along the western portion of the site. The existing hedgerows are to be improved with native hedgerow species enhanced by native trees. This also applies to the field hedges to the south of the playing fields which are beyond the site boundary.

Although this is an outline application with landscape as a reserved matter, given the importance of the design, the opportunities that exist and character of the new development there should be a Council approved landscape strategy to support any development proposal on this site. The DAS cannot be relied upon to ensure a landscape strategy can be delivered and that it would be of sufficient quality to meet with policy requirements. It is therefore important to ensure that the approval is not reliant upon the submitted DAS. There should be a condition applied that ensures the delivery of a sound landscape strategy for the site.

A tree survey has been undertaken in order to inform the proposed layout. Selected trees of varying quality have been identified for removal to facilitate the proposed development but there is an opportunity to provide a significant volume of additional planting of better quality as part of the proposed redevelopment of the site. There was no Arboriculture objection to the proposed development providing that the recommendations in relation to the retention of certain trees are considered.

The Arboricultural officer also previously advised that the new employment units are close up to the site boundary and sufficient space for structure planting needs to be provided especially in views from Princess Royal Way. The plans do not currently provide this and the veteran oak would also be potentially affected. The buildings must be sufficiently offset along the car showroom boundary to preserve existing trees, particularly the common oak (T1) and the retention of this tree should be sought. It was recommended that these elements can be incorporated into conditions and buildings subsequently sited at reserved matters stage to give this tree sufficient space. This would ensure that the proposals would not conflict with ‘saved’ Local Plan Policy HD13.

The main concerns now outlined by the landscape and Arboricultural officer is that the care facility is set close up to the site boundary and adequate space for structure planting is limited especially to mitigate views from Princess Royal Way. The landscape officer considers that new structure planting along the A61 is vital to ensure views are not obtained beneath the existing trees into the site. The new buildings are set close up to the site boundary and adequate space for structure planting is not provided especially to mitigate views from Princess Royal Way. Furthermore the development proposes a new access road to the north and east, which will encroach on the existing embankment forming the site boundary resulting in the need for a high retaining wall, which will further constrain the ability of this area to provide structure planting. The parking arrangements shown on the masterplan are unrealistic and there is insufficient planting to reduce the visual impacts of the long rows of parking to the north and the east of the new buildings.

The landscape officer has also advised that the loss of tree groups G11 and G12 would open up views of the new buildings and should the proposal be taken forward for a large care home in this location then appropriate mitigation would be essential to ensure the new buildings remain adequately screened. It must be noted that the proposed industrial building also proposed the removal of these groups of trees.

The southernmost part of the care home as submitted was considered to have the potential to impinge upon the existing woodland located to the north and east of properties at Spacey View. In essence not only is there would be reduced screening from what was approved between the two due to a loss in replacement planting numbers. It is also considered that there would be greater impact upon the woodland going forward due to natural requests for works to be carried out to those trees from care home residents.

There are however, no specific plans which have been submitted for consideration at this stage, and the areas of concern as with the previous approval can be controlled through the imposition of conditions and subsequent approval. However, the applicants have been made aware of the concerns and requested to provide additional details in respect of the overall scale and siting of the building. Two further amendments to the original proposal were therefore submitted for further consideration. It must also be noted that this application accompanied by a Tree constraints plan and Arboricultural survey, which have shown the Root Protection Areas and are relevant to this proposal as well.

The revisions of 29 August contained within the Design and Access addendum provides further clarification on how the proposed development would operate. The proposed care home is for Vida Healthcare who are dementia care specialist who already operate two cares homes within Harrogate. They have advised that unlike traditional care homes, all external communal space is located within the footprint of the building resulting in a larger footprint as residents require a safe and secure environment. The concept for the building is for communal courtyard spaces within the footprint of the building. The two blocks are located either side of a central administrative building. They have advised that natural light will inform an important part of the building and internal environment.

The design parameters will include a high quality design, for which the applicants are seeking to discuss with the Local Planning Authority, external landscaping to break views, the exclusion of the footprint of the building from the Root Protection Area (RPA’s) of the trees, and the stepped approach to building form, due to the topography of the site which will also create roof terraces and amenity areas for residents. A programme of tree replacement is also proposed in front of the site, within car parking areas, and to the northern and eastern boundary. The height of the proposed building is not specified at this stage, it has been advised that the levels from the access road from the roundabout would inform this, but it is envisaged height parameters will be of a domestic rather than industrial scale relating to land levels within the site.

The topography of the site would facilitate a stepped approach to the care home; therefore the proposed development would be within the context of the height of the buildings at the adjacent car garage and nearby dwellings. This would integrate the care home structure rather than dominate them. However, unlike the adjacent car park and showroom of the adjacent garage, the building would be sited behind the woodland trees which front the A61. The second revision received 15.09.2014, unfortunately does not substantially expand on all of the issues raised by the consultees, but there is an appreciation of the need to provide additional screen planting between the properties on Spacey View and the A61. To this end the building has been shown further away from the Spacey View properties and southern woodland edge and it is envisaged as with the approved consent to extend additional tree planting within the woodland belt on the A61.

The group of trees along the A61 fulfils two roles, to screen the former Dunlopillo factory, and soften the urban fringe. As the site is put forward for comprehensive redevelopment, which includes substantial planting, environmental mitigation and considered to bring overall visual improvements then the role of these trees to screen the industrial site is not as central. Therefore the main consideration is to ensure that it maintains its role as softening the urban edge, on the approach into Harrogate, and as suggested by the landscape officer new structure planting along the A61would contribute to this.

The Tree constraints Plan was submitted alongside the preliminary Arboricultural Impact assessment prepared by Bowland Tree Consultancy ltd. with the original application, and reproduced for this proposal. It mapped the trees of high to low quality and the Root Protection Areas. The report also advised that detailed development proposals should include adequate provision for the incorporation of the retained trees into the design, along with sufficient detail regarding the specifics of how these trees are to be retained successfully, which ultimately can be controlled via a suitably worded condition attached to the outline consent. A comprehensive condition has been attached in this respect over and above the requirements of the original consent, which is important as it is appreciated that this is on the approach into Harrogate.

The landscape strategy aimed to reinforce this existing boundary with additional under storey planting to increase the screening to the road. As opposed to the approved outline application, where the industrial buildings would have been more screened, there will be a greater element of built development, not of the entire development site, but of the care home itself visible from the A61 Princess Royal Way. This land was formerly within the development limit of Pannal, not within any Conservation Area or designated landscape.

It is not considered that the indicative layout or landscape would result in a development that would cause significant adverse impact over and above what was originally approved under application 13/02358/outmaj. This proposal was considered to provide improvements to the area when considered against the current visual impact of the site and the controls that can be attached to that consent. The proposals as revised will still be less intrusive overall than the existing industrial structures and their scale, and views from the surrounding areas within the village will improve as a result of the redevelopment of the entire site. Provisions do exist to ensure that the development is of an appropriate scale and design, and for which further safeguards can be attached to this consent in respect of the design, tree protection and enhanced landscaping. The area of land was proposed for industrial buildings and this proposal represents a positive in terms of better design that could be achieved on the site. The proposed buildings are sited in similar positions to the industrial building and the area that was to be used for parking. It is a positive benefit that this proposal will provide additional employment.

Any reserved matters application will require the submission of drawings to include details such as the siting, design and external appearance of the development and landscaping of the proposal. Any reserved matters application will require compliance with the outline conditions and as such a condition has been attached in relation to the protection of trees and to ensure that development would not impact upon those retained. The proposals are overall would make a positive contribution to the spatial and visual quality of the settlement, in accordance with the aims and provisions of saved Policies HD20, SG4 and C2.

7. ECOLOGICAL - The NPPF also advises that the Planning System should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes, geological conservation interests, recognising the wider benefits of ecosystems, minimising the impacts on biodiversity, preventing both new and existing development from contributing to or being put at unacceptable risk from pollution and land stability and remediating contaminated or other degraded land where appropriate.

The rural strategy officer has raised no objections on ecological grounds to the outline application, provided that the issues raised below are addressed within the full application, in accordance with conditions to be imposed.

The Haycock and Jay 2014 survey confirms that the semi-natural marshy and neutral grassland would probably fall under the broad definition of ‘Lowland Hay Meadow’ a habitat of principle importance under the Natural Environment and Rural Communities Act, 2006 and within the definition of Lowland Meadows and Floodplain Grasslands in the Harrogate District Biodiversity Action Plan. These habitats would therefore be regarded as a semi natural habitat under the terms of ‘saved’ Local Plan Policy NC4 and as a BAP habitat under policy EQ2.

Under the current proposals, most of the species-rich grassland will inevitably be adversely impacted. Given, however, that application 13/02358/OUTMAJ is permitted and that the current application will have very little additional impact on the species-rich grassland than the permitted scheme, a detailed scheme for the retention or recreation of elements of this grassland is therefore required as a condition of this updated application, as it was for the previous application.

The ecological conditions that are recommended are therefore very similar to those which were applied to 13/02358/OUTMAJ but incorporating a couple of recommendations from the Haycock & Jay 2014 report. These conditions would ensure that the proposed development would meet the requirements in Core Strategy Policy EQ2 and NC4.

8. RESIDENTIAL AMENITY - The site does not have many boundaries with existing residential properties. There are residential dwellings opposite the railway line, but due to this feature and distance their amenity and living conditions would not be unduly harmed by the proposals.

The main properties likely to be affected are the dwellings on Station Road. There are existing buildings on the site and it is considered that neighbour amenity could be preserved through detailed design within the served matters application. In addition the proposed uses would sit more happily alongside existing residents than the former factory, which was the cause of many Environmental Health complaints. The Travel Assessment seeks to encourage business vehicles to use the new access from the A61 and there are traffic calming measures could be incorporated close to the Station Road entrance. The properties on Spacey View and some houses on the southern edge of Walton Park which are predicted to experience deterioration in visual amenity due to the construction of the proposed junction and access road off the A61. The LVIA also notes that despite planting mitigation, the street lights around the junction would be visible from some houses on Walton Park, the adjacent houses on Spacey View and from footpaths to the south and south-west. Whilst outlook is not a material planning consideration it is considered that these properties are a sufficient distance to ensure that the proposed development does not unacceptably impact on living conditions. The distances between the proposed care home and Spacey View would be sited on a similar level or higher than the proposed care facility, with that being at an approximate distance of 30m from the application boundary and approximately 50m from the dwellings themselves. These distances prevent unacceptable impact upon them.

The indicative layout shows that the site could be developed which accommodates residential amenity. Distances between dwellings would preserve privacy, most being 21m opposite other dwellings. There are residential properties shown with relatively good sized gardens depending on the house type proposed. There are some which are close to the railway line, but this reflects development elsewhere in Pannal.

In terms of amenity for occupants it is likely that the care facility will have to meet national standards for care homes. In terms of amenity space the applicant has advised this need to be secure and contained within the site. View over the countryside would be extensive and not unattractive. The site also provides green links and amenity space within the site.

The indicative layout or access would not have an unacceptable impact upon the residential amenity of nearby properties and would therefore meet the policy requirements outlined in SG4, HD20 and the supporting residential development SPG and House Extensions and Garages SPD which seek to ensure development does not have an unacceptable impact upon residential amenity and provides satisfactory amenity for future occupants.

9. SUSTAINABLE CONSTRUCTION - Sustainable Construction - Part 10 – Meeting the Challenge of Climate Change, Flooding and Coastal Change. Planning plays a key role in helping shape places to secure Local Planning Authorities should adopt proactive strategies to mitigate and adapt to climate change. Local Planning Authorities should have a positive strategy to promote energy from renewable and low carbon sources. Inappropriate development in areas at risk of flooding should be avoided.

Policy EQ1 of the Core Strategy requires that all new residential development should be designed to achieve Code for Sustainable Homes level 4. Also other types of non-residential development of 500m² or more of gross floor area and will need to meet at least the ‘very good’ standard as set out in the Building Research Environmental Assessment Method (BREEAM). Conditions have been attached to reflect this requirement.

10. ENVIRONMENTAL IMPACT – A Phase II Ground Investigation Study was made in 2008 by Wardell Armstrong. The purpose of the report to present the finding of site investigations to identical and examine the potential contamination issues identified in a previous Phase 1 Geo-Environmental Appraisal (Faber Maunsell report 49809IBDG/01 dated September 2007). Additional site investigation works and survey are recommended to ensure it is up to date and therefore Environmental Health officer has advised that a standard condition is added which undertake survey and would result in a remediation schemes being implemented for the site.

The Environmental health officer has recommended that an Air Quality Assessment, which assesses the impacts of the development on local air quality and proposes appropriate mitigation, should be conditioned. All planning applications which give rise to significant amounts of traffic are to provide information on the increase in pollution arising as a result of the development proposals and identify mitigation measures to address these issues. However, the draft policy stated that this element should be included as part of the Travel Assessment and Travel plan which would be provided, and this is likely to be the method for which mitigation could be achieved.

It has been recommend that best practise measures are taken with respect to construction noise during the construction phase of the development and the measures to be adopted should be included in the noise report. In addition a method statement/ dust mitigation plan should be submitted to minimise the effect of construction dust on the existing dwellings and the wider environment during the construction phase.

The Environmental Health officer has recommended that the operating hours during the construction phase be restricted to 08:00 to 18:00 Mondays to Fridays, 08:00 to 13:00 Saturdays with no work on Sundays or Bank Holidays. This is not considered to be a reasonable or enforceable through the planning process. There is Environmental Health legislation which would be able to control statutory noise nuisance.

11. LAND DRAINAGE - A Flood Risk Assessment has been undertaken by KRS Environmental and details the required mitigation measures necessary to facilitate development.

The Council’s Land drainage officer, Environment Agency and Yorkshire Water have no objections to the principle of development subject to conditions mainly to ensure that there is the provision a site surface water drainage scheme, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development is made prior to any development.

CONCLUSION

In the absence of a 5 year housing supply there is now a presumption in favour of sustainable development. The site was a draft allocation in the Sites and Policies DPD Publication Draft as a mixed use development site. The revised proposal represents sustainable development as it will support economic growth in the short to medium timescale and facilitate the key infrastructure required to bring forward needed housing and additional business development on the site. The site is highly accessible by all modes of transport and has access to community facilities and services. With this application being in outline only, the final detail of the layout, appearance, landscape and scale for the site would be finalised at the reserved matters stage. The proposal could safeguard residential amenity and provide acceptable highway arrangements. The development would also deliver wider travel improvements, affordable housing and the provision of community facilities through the S106 Agreement, conditions and consideration of details at reserved matters stage. It is considered that the site can deliver sustainable development and benefits that would not be able to be mitigated or significantly and demonstrably outweighed by any adverse impacts of the proposal. It is therefore not considered that the development would result in substantial demonstrable harm when assessed against the policies in the National Planning Policy Framework taken as a whole.

CASE OFFICER: Mrs Kate Williams

RECOMMENDATION

That the application be DEFERRED and the CP be authorised to APPROVE the application subject to the following conditions and such other conditions CP considers to be necessary. REASON FOR DEFERRAL:

0 The signing of a Section 106 Agreement to secure the following:

A Contribution to the provision of public open space and village halls in accordance with Core Strategy Policy C1.

Contribution to the provision of Education Facilities in accordance with Core Strategy Policy C1.

The provision of a Travel Plan.

A contribution of £25,000 towards the implementation of MOVA at the Spacey Houses Traffic Signals.

The timing and provision of an off road shared cycle/footway on the A61.

The cost of making any required Travel Regulation Orders.

The application to be Refused by the Head of Planning Services should the applicants refuse to sign the S106 Agreement or the S106 Agreement has not been signed within 6 months of the date of the Planning Committee.

1 Application for approval of all the reserved matters shall be made before the expiration of three years from the date of the permission. The development hereby permitted shall begin either before the expiration of two years from the date of approval of the last of the reserved matters for the first phase, or before the expiration of five years from the date of permission whichever is the later.

2 No development of any phase 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 accordance with the approved details.

3 The access hereby permitted shall be carried out in accordance with drawing No. 12093/GA/02 Rev. A, entitled ‘proposed site access arrangements’ unless otherwise approved in writing by the Local Planning Authority. Notwithstanding the submitted detail as shown on 12093/GA/02 Rev A no other components of access apart from the main access roads into the site are approved.

4 Prior to the commencement of the development a phasing programme shall be submitted for the written approval of the Local planning Authority. Any reserved matters application(s) shall be submitted in accordance with the phasing programme and shall include the construction programme setting out the timetable for the development on a phase by phase basis. Development shall commence in accordance with the approved details.

5 Prior to the occupation of the 60th dwelling hereby approved, a minimum of 1.6ha of serviced employment land, access and infrastructure (providing plots for B1 and B1c Use Class) shall be provided in accordance with details submitted under the reserved matters application.

6 No phase of the development approved pursuant to Condition 4 shall be occupied prior to the submission and approval in writing by the Local Planning Authority of a Travel Plan for that Phase. Once approved the development shall commence in accordance with the approved Travel Plan.

7 Any application for approval of reserved matters shall be designed having regard to sustainable development objectives contained within the Design and Access Statement (Smith Smalley Architects 2013); Heritage Statement (Turley Associates May 2013); and Design and Access Statement Addendum (Ramsdens Architects 2014); or as amended by the other conditions of this consent.

8 Any application for approval of reserved matters shall be designed in accordance with a landscape strategy as contained within the principles outlined in Drawing 8 of the Outline Landscape Strategy within the Landscape and Visual Appraisal (Golder Associates May2013), and as amended by the other conditions of this consent.

9 The development of any residential units shall not begin 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: i. 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/bed spaces; ii. the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; iii. 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); iv. the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and v. 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 No units within any phase of the development shall be occupied until those units identified within the approved scheme for that phase have been carried out and it shall thereafter be retained.

10 The development of any residential units shall not begin until a scheme for the provision, management, and maintenance of a Locally Equipped Area for Play of minimum 400 square metres (LEAP) as part of the development has been submitted to and agreed in writing with the Local Planning Authority. The LEAP shall be sited a minimum of 20m from the boundary of the play area to the boundary of any garden and available for the public free of charge. Once approved the development shall commence in accordance with the agreed specification and constructed prior to the occupation of the 30th residential unit. The LEAP shall be retained for the life of the development unless otherwise approved in writing by the Local Planning Authority.

11 No development within any phase pursuant to condition 4 shall begin before a landscape management plan (for both private and public land), including long term design objectives, management responsibilities and maintenance schedules for all landscape areas and public open space for that phase (including recreational facilities for children and the playing fields where relevant to that phase) and other than small, privately owned domestic gardens has been submitted to and approved by the Local Planning Authority. The landscape management plan shall be implemented in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority.

12 The development of any residential units shall not begin until a Design Stage Code for Sustainable Homes Certificate issued by BRE or STROMA for each dwelling type comprised in the development has been submitted to and approved in writing by the Local Planning Authority. The Code Level to be achieved will be a minimum of Code Level 4. Thereafter the development shall be carried out in accordance with the approved details.

13 A Post Construction Stage Certificate issued by BRE or STROMA for each dwelling type comprised in the development shall be submitted for the approval in writing by the Local Planning Authority prior to the first occupation of each dwelling to which the Certificate relates.

14 The development of any commercial building (within the approved B1, B1c and A1 use classes) or care home building (within the approved C2 Use Class) shall not begin until a Design Stage Certificates for ‘other’ types of development provided by an accredited BREEAM assessor that achieves BREEAM 'very good' or higher has been submitted to and approved in writing by the Local Planning Authority. Once agreed the development shall be carried out in accordance with the approved details.

15 A Post Construction Stage Certificate issued by BRE for the ‘other’ types of development shall be submitted for the approval in writing of the Local Planning Authority prior to the first occupation of the development. 16 No phase of the development, as approved in condition 4 shall commence prior to the submission of the following details:- (a) A plan, to a scale and level of accuracy appropriate to the proposal, showing the position of trees on the site or on land adjacent to the site (including any street or highway tree(s)) that could influence or be affected by the development, indicating which trees are to be removed: (b) In relation to every tree identified on the plan, a schedule listing : (i) The information specified in paragraph 4.4.2.5 of BS 5837:2012 (Trees in Relation to Construction – Recommendations) (ii) Any proposed pruning, felling or other tree related operation (c) In relation to every existing tree identified on the plans as to be retained, details of: (i) Any proposed alterations to existing ground levels, and of the position of any proposed excavation that might affect the root protection area (RPA) (in accordance with clause 4.6 of BS5837) (ii) All appropriate tree protection measures required before and during the course of development (in accordance with clause 7 of BS5837) (d) Areas of existing landscape, and/or areas of proposed new tree planting or woodlands, to be protected from construction operations and the method of protection (clause 6.2.2 figure 2 and 3). (e) A detailed Arboricultural Impact Assessment (AIA) (clause 5.4) shall be submitted for approval and consider the following (the list is not exhaustive): i. Tree root protection (distances, engineering specifications) ii. Changes in levels iii. Changes in surfaces iv. Installation and layout of services v. Demolition of existing buildings, surfaces vi. Exposure due to tree removal vii. Sunlight and shading viii. Construction site access ix. Construction site layout (offices, parking) x. Construction site materials storage xi. Fruit production (fouling footpaths) xii. Planting (species selection e.g. thorns near footpaths) (f) A detailed Arboricultural Method Statement (AMS) (clause 6.1) shall be submitted for approval. The AMS will outline how the retained trees can be afforded additional protection using alternative methods of construction or market available alternative techniques. (g) A detailed landscape scheme to include highway tree planting and the incorporation of underground systems to encourage successful tree growth while protecting services and footpaths/highways. (h) No operations shall commence on site in connection with the approved phase of development (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 such a time as the AIA and AMS has been formally agreed by the Local Planning Authority and any root protection area (RPA) works required by the approved tree protection scheme are in place.

17 No phase of the development, as approved in condition 4 , shall commence until a detailed scheme for maintaining, accommodating and enhancing ecological habitats and species of principal importance on, or where necessary off the site (including any schedule for the completion of the biodiversity mitigation and enhancement work set out in the approved scheme) has been submitted to and approved in writing by the Local Planning Authority for that Phase. Where relevant to the Phase of development this shall include the following:

1) A detailed scheme for the retention and relocation of substantial elements of the unimproved and marshy grassland to be incorporated within the open space of the redeveloped site shall be submitted for the written approval of the local planning authority prior to the submission of the full planning application.

2) The veteran Oak (TN5 ecological survey, T1 Arboricultural assessment) shall be retained and a scheme to enhance its prospects for long-term survival shall be submitted for the written approval of the local planning authority prior to the submission of the full planning application.

3) Prior to their demolition, an emergence survey shall be undertaken of those buildings (B2, B3, B4, B5, B8 and B12) identified in the Waterman June 2013 report as containing limited features that may support roosting bats. Prior to the felling of any trees on site, an assessment shall be made of whether they are likely to support bat roost potential. A mitigation strategy for the incorporation of roosting opportunities for bats within the redevelopment shall be submitted for the written approval of the local planning authority prior to the removal of any buildings supporting bat roosts or of any trees identified as supporting medium to high bat roost potential.

4) Surveys for reptiles and breeding birds shall be undertaken at an appropriate time of year and an assessment based on the results shall be submitted for the written approval of the local planning authority prior to the submission of the full planning application. If required, the assessments shall include a mitigation scheme for the incorporation of opportunities for reptiles and for breeding birds within the redevelopment. Any removal of trees or shrubs shall be undertaken outside the main birds nesting season (March-August inclusively) unless a survey undertaken by a suitably experienced ecologist within 48 hours of the commencement of works demonstrates that no actively nesting birds would be disturbed.

5) Should any phase not substantially commence before February 2015, an updated badger survey shall be carried out by a suitably qualified ecologist, prior to the start of works.

18 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: 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 including decorative displays and facilities for public viewing where appropriate e. wheel washing facilities f. measures to control the emission of dust and dirt during construction g. a scheme for recycling/disposing of waste resulting from demolition and construction works h. external lighting equipment. i. a scheme for the control of construction site noise

19 Prior to any phase of the development approved in condition 4 and 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 1 to 4 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 4 has been complied with in relation to that contamination.

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

(i) 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'.

2. 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.

3. 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.

4. 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 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of section 2, 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 3.

20 Prior to the commencement of any phase of development, the detailed drainage design, including the details of how the scheme shall be maintained and managed after completion, for that phase shall be submitted to and approved by the local planning authority. The development of the phase shall be carried out in accordance with the approved detailed drainage design for that phase.

21 No development of any phase approved in condition 4 shall take place (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 in consultation with the Highway Authority for that Phase:

(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) An independent Stage 2 Safety Audit has been carried out in accordance with HD19/03 - Road Safety Audit or any superseding regulations. (9) A programme for completing the works has been submitted The required highway improvements shall include: a)proposed roundabout access on the A61 b)Alterations to the Station Road traffic signals to incorporate a pedestrian phase.

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

22 No development of any phase approved in condition 4 shall take place (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 in consultation with the Highway Authority for that Phase: (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

23 Unless otherwise approved in writing by the Local Planning Authority in consultation with the Highway Authority the alterations to the Station Road traffic signal will have been constructed in accordance with the details approved in writing by the Local Planning Authority pursuant to condition 21 to incorporate a pedestrian phase and shall be implemented prior to the occupation of the 1st dwelling.

24 No part of any phase shall be occupied until the carriageway and any footway/footpath from which it gains access is constructed to binder course macadam level and/or block paved and kerbed and connected to the existing highway network with street lighting installed and in operation.

25 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 pursuant to condition 21: Proposed roundabout access on the A61.

26 Prior to the commencement of any phase of the development pursuant to conditions 4, the developer should carry out an assessment in accordance with BS4142 to determine the rating level at the new development. This rating level can be determined including proposed attenuation measures. It is recommended that during normal daytime hours, 0700 to 2300 hours, the BS4142 rating level, measured over 1 hour, should be 5dB below the background level (LA90). During the night-time period, 2300 to 0700 hours, the BS4142 rating level, measured over 5 minutes, should be 5dB below the background level (LA90). The report shall include an assessment of noise emissions from the proposed development and details of background and predicted noise levels at the boundary of the nearest noise sensitive premises together with proposed noise attenuation measures. The report shall be appropriate for the times of day or night that the development will operate. The results of the assessment shall be submitted as a written report to the Local Planning Authority. The report shall include any supporting calculations. Developers should assess the likely impact of the commercial premises on the noise environment. The residential premises must be designed to ensure that plant noise and similar is inaudible inside any residential premises in the vicinity. Applicable standards that are acceptable for new and existing dwellings are NR 20 in bedrooms (2300 to 0700) NR 25 in all habitable rooms (0700 to 2300) All indoor levels shall be taken with windows open or closed (which ever makes the music appear louder) or with alternatively provided acoustic ventilation over and above “background” ventilation. Noise rating curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5 Hz to 8 kHz. Following that initial report a further noise report will be required at the detailed planning stage when more information is known about the layout and orientation of dwellings and potentially more is known about the specific employment uses which will be on site. The report should identify specific works and mitigation at specific locations given the noise exposure.

27 Unless otherwise agreed in writing by the local planning authority, no building or other obstruction shall be located over or within 3 (three) metres either side of the centre line of each sewer, which crosses the site.

28 Unless otherwise agreed in writing any individual A1 retail units shall not exceed 186 square metres of internal retail floorspace unless otherwise approved in writing by the Local Planning Authority.

29 Prior to the commencement of any phase of the development approved pursuant to condition 4, details of how ‘Secured by Design’ principles have been incorporated into the scheme shall be submitted for the written approval of the Local Planning Authority and once approved thereafter implemented prior to occupation.

30 Within 3 months of the commencement of development the Developer shall use reasonable endeavours to enter into a Local Labour Agreement with the Council and Job Centre Plus or other registered provider or other body. The Local Labour agreement wills seek to establish a Local Labour Partnership to ensure effective partnership working aimed at assisting local skills development and training. Details of this Local Labour Agreement or reasonable endeavours to enter into such an agreement shall be submitted to the Local Planning Authority within 5 months of the commencement of development.

31 All doors and windows on elevations of the building9s) 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.

Reasons for Conditions:-

1 Pursuant to the requirements of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2 Pursuant to the requirements of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 3 To define the consent and ensure that a satisfactory form of access is obtained in accordance with Core Strategy policies SG3, TRA1 and TRA2. 4 To ensure the satisfactory delivery of the care home, housing and employment premises, in accordance with ‘saved’ Local Plan Policy E2 and Core Strategy Policies JB1 and JB3. 5 To ensure the satisfactory delivery of the employment premises, in accordance with ‘saved’ Local Plan Policy E2 and Core Strategy Policies JB1 and JB3. 6 To ensure retention of adequate and satisfactory provision of parking for vehicles using the Park and Ride and in accordance with Core Strategy Policies SG4 and TRA3. 7 To ensure that the development is in keeping with the surrounding area and does not have a detrimental impact on the general or visual amenity of the area, in accordance with policies SG4 and EQ1 of the Core Strategy. 8 To ensure that the development is in keeping with the surrounding area and does not have a detrimental impact on the general or visual amenity of the area, in accordance with policy C2 of the Harrogate District Local Plan. 9 To ensure that affordable housing is provided on site, in accordance with ‘saved’ Policy H5 of the Local Plan. 10 To ensure that the proposal provides a Local Equipped Area for Play to serve the future residents of the development permitted in the locality, in accordance with guidance contained in Core Strategy Policy C1 and the advice contained in the Supplementary Planning Guidance on the Provision of public open space and the Provision for village halls in connection with new housing development. 11 To ensure long-term protection and management of public open space in accordance with Core Strategy Policy C1 and the advice contained in the Supplementary Planning Guidance contained on the provision of public open space in connection with new housing development. 12 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 13 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 14 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 15 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 16 In order to safeguard protected trees and protect the character of the area. In accordance with Core Strategy Policy Sg4 and ‘saved’ Local Plan Policy HD13. 17 To ensure the provision of adequate means of ecological habitat/species protection and enhancement in the interest of amenity in accordance with Core strategy Policies EQ2, SG4 and ‘saved’ Local Plan Policy NC4 and HD13. 18 In accordance with Policy SG4, TRA1, TRa2 and to provide for appropriate on-site vehicle parking and storage facilities, to ensure no mud or other debris is deposited on the carriageway and in the interest of neighbour amenity. 19 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. 20 To prevent the increased risk of flooding, both on and off site in accordance with Core Strategy Policy EQ1. 21 In accordance with policy SG4 and to secure an appropriate highway constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of highway users 22 In accordance with Policy SG4 and to ensure appropriate on site facilities in the interest of highway safety and the general amenity of the development. 23 In accordance with policy SG4 and in the interest of the safety and convenience of highway users. 24 In accordance with policy SG4 and to ensure safe and appropriate access and egress to the dwellings, in the interests of highway safety and the convenience of prospective residents. 25 In accordance with policy SG4 and in the interests of the safety and convenience of highway users. 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 In order to allow sufficient access for maintenance and repair work at all times. 28 In the interest of the character and amenity of the area in accordance with Core Strategy Policy SG4. 29 In the interests of residential amenity and community safety in order to reduce the fear of crime. 30 In the interest of supporting the economic role of the development in accordance with Core Strategy Policy JB1. 31 In accordance with Policy SG4 and to protect pedestrians and other highway users.

INFORMATIVES

1 In imposing condition number 3 above 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.

2 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.

3 Comments from Network Rail.

Fail Safe Use of Crane and Plant All operations, including the use of cranes or other mechanical plant working adjacent to Network Rail’s property, must at all times be carried out in a “fail safe” manner such that in the event of mishandling, collapse or failure, no materials or plant are capable of falling within 3.0m of the nearest rail of the adjacent railway line, or where the railway is electrified, within 3.0m of overhead electrical equipment or supports.

Excavations/Earthworks All excavations/ earthworks carried out in the vicinity of Network Rail property/ structures must be designed and executed such that no interference with the integrity of that property/ structure can occur. If temporary works compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker's boundary fence should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may affect the railway, consultation with the Asset Protection Project Manager should be undertaken. Network Rail will not accept any liability for any settlement, disturbance or damage caused to any development by failure of the railway infrastructure nor for any noise or vibration arising from the normal use and/or maintenance of the operational railway. No right of support is given or can be claimed from Network Rails infrastructure or railway land.

Security of Mutual Boundary Security of the railway boundary will need to be maintained at all times. If the works require temporary or permanent alterations to the mutual boundary the applicant must contact Network Rail’s Asset Protection Project Manager.

Fencing Because of the nature of the proposed developments we consider that there will be an increased risk of trespass onto the railway. The Developer must provide a suitable trespass proof fence adjacent to Network Rail’s boundary (minimum approx. 1.8m high) and make provision for its future maintenance and renewal. Network Rail’s existing fencing / wall must not be removed or damaged. Given the proposal to include two playing pitches close to the railway it may be appropriate to provide a higher chain mesh fence alongside the touchline of the nearest pitch to the railway (upto 12 ft is suggested) to prevent balls from going onto the railway line.

Method Statements/Fail Safe/Possessions Method statements may require to be submitted to Network Rail’s Asset Protection Project Manager at the below address for approval prior to works commencing on site. Where appropriate an asset protection agreement will have to be entered into. Where any works cannot be carried out in a “fail-safe” manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. “possession” which must be booked via Network Rail’s Asset Protection Project Manager and are subject to a minimum prior notice period for booking of 20 weeks. Generally if excavations/piling/buildings are to be located within 10m of the railway boundary a method statement should be submitted for NR approval.

OPE Once planning permission has been granted and at least six weeks prior to works commencing on site the Asset Protection Project Manager (OPE) MUST be contacted, contact details as below. The OPE will require to see any method statements/drawings relating to any excavation, drainage, demolition, lighting and building work or any works to be carried out on site that may affect the safety, operation, integrity and access to the railway.

Demolition Any demolition or refurbishment works must not be carried out on the development site that may endanger the safe operation of the railway, or the stability of the adjoining Network Rail structures. The demolition of buildings or other structures near to the operational railway infrastructure must be carried out in accordance with an agreed method statement. Approval of the method statement must be obtained from Network Rail’s Asset Protection Project Manager before the development can commence.

Vibro-impact Machinery Where vibro-compaction machinery is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement

Scaffolding Any scaffold which is to be constructed within 10 metres of the railway boundary fence must be erected in such a manner that at no time will any poles over-sail the railway and protective netting around such scaffold must be installed.

Two Metre Boundary Consideration should be given to ensure that the construction and subsequent maintenance can be carried out to any proposed buildings or structures without adversely affecting the safety of, or encroaching upon Network Rail’s adjacent land, and therefore all/any building should be situated at least 2 metres from Network Rail’s boundary. This will allow construction and future maintenance to be carried out from the applicant’s land, thus reducing the probability of provision and costs of railway look- out protection, supervision and other facilities necessary when working from or on railway land.

ENCROACHMENT The developer/applicant must ensure that their proposal, both during construction, and after completion of works on site, does not affect the safety, operation or integrity of the operational railway, Network Rail and its infrastructure or undermine or damage or adversely affect any railway land and structures. There must be no physical encroachment of the proposal onto Network Rail land, no over-sailing into Network Rail air-space and no encroachment of foundations onto Network Rail land and soil. There must be no physical encroachment of any foundations onto Network Rail land. Any future maintenance must be conducted solely within the applicant’s land ownership. Should the applicant require access to Network Rail land then must seek approval from the Network Rail Asset Protection Team. Any unauthorised access to Network Rail land or air-space is an act of trespass and we would remind the council that this is a criminal offence (s55 British Transport Commission Act 1949). Should the applicant be granted access to Network Rail land then they will be liable for all costs incurred in facilitating the proposal.

Noise/Soundproofing The Developer should be aware that any development for residential use adjacent to an operational railway may result in neighbour issues arising. Consequently every endeavour should be made by the developer to provide adequate soundproofing for each dwelling. Please note that in a worst case scenario there could be trains running 24 hours a day and the soundproofing should take this into account.

Trees/Shrubs/Landscaping Where trees/shrubs are to be planted adjacent to the railway boundary these shrubs should be positioned at a minimum distance greater than their predicted mature height from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. We would wish to be involved in the approval of any landscaping scheme adjacent to the railway. Where landscaping is proposed as part of an application adjacent to the railway it will be necessary for details of the landscaping to be known and approved to ensure it does not impact upon the railway infrastructure. Any hedge planted adjacent to Network Rail’s boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fencing. Lists of trees that are permitted and those that are not permitted are provided below and these should be added to any tree planting conditions: Acceptable: Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees – Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash – Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat “Zebrina”

Not Acceptable: Alder (Alnus Glutinosa), Aspen – Popular (Populus), Beech (Fagus Sylvatica), Wild Cherry (Prunus Avium), Hornbeam (Carpinus Betulus), Small-leaved Lime (Tilia Cordata), Oak (Quercus), Willows (Salix Willow), Sycamore – Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), London Plane (Platanus Hispanica).

A comprehensive list of permitted tree species is available upon request.

Lighting Where new lighting is to be erected adjacent to the operational railway the potential for train drivers to be dazzled must be eliminated. In addition the location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway. Detail of any external lighting should be provided as a condition if not already indicated on the application. This would include any floodlighting on the proposed playing pitches.

If external lighting is to be deployed (we accept this may be a reserved matter) we would ask for the following condition to be included, for the reasons of railway safety: For the first three months following the installation and operation of the new lighting an assessment will be made to check the effect of the lighting on the nearby railway line. If it is found that there is a problem with driver visibility additional screening/cowling or light adjustment will be employed as appropriate to alleviate the problem, to the satisfaction of the local planning authority in association with Network Rail and the train operating companies

Access to Railway All roads, paths or ways providing access to any part of the railway undertaker's land shall be kept open at all times during and after the development.

4 Comments from the Police Architectural Liaison Officer are available to view on the case file.

5 This development is subject to a Planning Obligation made under Section 106 of the Town and Country Planning Act 1990.

6 Trees on the site to which this permission relates are subject to a Tree Preservation Order and may not be lopped, topped or felled without the prior written consent of the Borough Council, unless the tree work has already been approved under cover of a planning permission which is being implemented. Any person undertaking work to protected trees without written consent is liable to prosecution. Application forms are available from the Councils Department of Development Services.

7 All bats and their roosts are fully protected under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000) and are further protected under Regulation 41 (1) of the Conservation of Habitats and Species Regulations 2010. Should any bats or evidence of bats be found prior to or during development, work must stop immediately and in the first instance contact the National Bat Helpline on 0845 1300 228. Developers/contractors may need to take further advice from Natural England on the need for a European Protected Species Licence in order to continue the development in an lawful manner. Natural England can be contacted at [email protected], or by calling 0300 060 3900, or Natural England, Consultation Service, Hornbeam House, Crewe Business Park, Electra Way, Crewe, Cheshire, CW1 6GJ.

8 The drainage scheme shall be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development. The drainage strategy should demonstrate the surface water run-off generated up to and including the 1 in 100 critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall also include:

* Surface water runoff to be attenuated to greenfield runoff rate (to a max of 5.06l/s/ha) * attenuation storage to be provided to accommodate a 1 in 100 year rainfall event, including a 30% allowance for climate change * details of how the scheme shall be maintained and managed after completion.