RCD02

Ripon Motorway Service Area Planning Statement

Contents

1.0 Introduction

2.0 Motorway Service Areas in the UK

3.0 The Need for an MSA at Ripon

4.0 Site Description and Surrounding Area

5.0 The Proposed Ripon MSA

6.0 The Development Plan, National and Other Policy

7.0 The Planning Assessment & The Planning Balance

8.0 The 2012 Planning Appeal

9.0 Conclusion

Collins & Coward 1

1.0 INTRODUCTION

1.1 This Planning Statement is submitted as part of a planning application package by Moto Hospitality Limited (“Moto”) for a new Motorway Service Area (“MSA”) at Junction 50 of the A1(M) Motorway. The new MSA will be known as “Ripon”. This is because the nearest significant city to the proposed MSA is Ripon which lies to the south west of the A1(M) motorway.

1.2 The planning application is submitted as a hybrid application. The application contains all the appropriate and necessary detail to enable the Council to make a determination with the certainty that the MSA will be delivered in accordance with the package of information supplied with the application.

1.3 The site extends to 13.35 hectares (33 acres).

1.4 The new Ripon MSA will provide an Amenity Building, 100 bed Lodge, Fuel Filling Station, Drive Thru Coffee Unit, parking for all classes of vehicles, landscape, and amenity areas.

1.5 The relevant parking facilities comprise:

Vehicle Parking type Spaces provided Amenity building and lodge parking 377 Motorcycle parking 14 Service yard parking (staff allocated) 13 Fuel filling station parking 8 HGV 67 Coaches 13 Caravans 8 Abnormal load 1

1.6 Moto has engaged in pre-application discussions with Harrogate Borough Council and relevant statutory consultees including Highways England. An Environmental Screening and Scoping process has been undertaken with the Council.

1.7 Moto has undertaken a comprehensive engagement with the local community and stakeholders. This has been helpful in formulating details of the project for the planning application. The details of this consultation are set out in the Statement of Community Engagement.

Collins & Coward 2 Structure of the Statement

1.8 This Statement is structured as follows:

Chapter 2 Sets out the background for MSAs in the UK and information on Moto;

Chapter 3 Sets out the need for an MSA at Ripon;

Chapter 4 Describes the Site;

Chapter 5 Describes the proposed MSA development;

Chapter 6 Details the relevant planning policy;

Chapter 7 Considers the planning balance;

Chapter 8 Assess the decision in respect of the 2012 Planning Appeal;

Chapter 9 Summaries the Statement and concludes the planning assessment.

1.9 This Planning Statement is submitted as part of a package of plans and documents comprising the planning application and should be read together with all other information in the application.

Collins & Coward 3 2.0 MOTORWAY SERVICE AREAS IN UK

2.1 The first generation of MSAs were developed by the Government and leased to operators. The first service area in the UK was at Watford Gap on the M1, which opened with the M1 motorway on 2 November 1959. In 1992, the Government introduced de- regulation to allow freehold ownership of MSAs by the private sector. This allowed a new generation of MSAs to be developed offering a wider range of facilities including retail services to the travelling public.

2.2 Today there are around 112 MSAs across the UK, in the main operated by four major providers, Moto, Welcome Break, Extra and Roadchef. There are a small number of independent operations. Moto’s operations are shown below on the UK motorway network map.

2.3 The Government is firmly committed to MSAs being developed and owned by private operators. MSAs totally belong to the motorway network and therefore firmly identified as road infrastructure investment. Highways England seeks to support the economy through the provision of safe and reliable strategic road network. MSAs provide the opportunity to provide stopping points on the motorway for the safety and welfare of the travelling public.

2.4 The provision of MSAs assists in achieving sustainable transport and travel objectives by keeping vehicles on the motorway. This avoids motorists leaving the motorway in search of places to stop for rest and refreshment which can involve substantial additional mileage and add to local traffic congestion. Providing motorists with the opportunity to stop on their motorway journey reduces congestion, unnecessary mileage, and additional trips. This in turn reduces air pollution and saves on finite fuel resources making journeys shorter and more efficient.

2.5 Increasing demand for motorway usage is leading to the introduction of “SMART” motorways to assist in demand management. MSAs have an important role to play in making motorway use safe and efficient.

2.6 Fundamental to MSA provision is the overall objective of reducing accidents and this can be achieved by ensuring there is an adequate network of stops where rest and refreshment can be provided in a safe and pleasant environment dedicated to the travelling public. Their provision is crucial to the success of the economy in the same way that airports and railways stations deliver strategic locations convenient to the public.

Moto Hospitality Limited

2.7 Moto is the leading UK provider of MSAs with over 45 locations (Shown below) and 5,000 employees. The Company was founded in 1962 (as Granada) and still retains its Headquarters at Toddington Services. It became known as Moto Hospitality Limited in 2001.

2.8 Over 150 million people visit a Moto MSA every year with the most popular three sites (Wetherby, Cherwell Valley, and Toddington North) attracting over 5 million visitors.

Collins & Coward 4 2.9 People use Moto’s MSAs to:

• Purchase refreshments • Visit the facilities • Fuel their vehicles • Take a rest • Hold business meetings

Collins & Coward 5 2.10 The new MSA will create around 200 full time jobs. There is comprehensive training for all employees and the chance through internal succession for promotion potentially to the company board.

2.11 Moto is committed to reducing environmental impact. Wetherby was the first MSA to be carbon neutral. All the existing Moto MSAs have the following:

• Energy efficient and motion sensor lighting; • Efficient control of heating/air-conditioning; • Composting food waste from kitchens; • No chemicals used on trees, shrubs, and flowers; • Sending cooking oil for production of diesel; • Recycling 520 tonnes of cardboard every year; • Increasing e-charging points for electric vehicles.

2.12 New MSAs will include the following environmental credentials:

• Biomass boilers for a zero-carbon renewable source for heating and hot water; • Rainwater harvesting to provide water for flushing toilets; • Maximising natural light inside the Amenity Building; • Full cut-off lighting outside buildings to minimise light pollution. • A fully integrated Sustainable Drainage System (SuDS) for surface water management that is designed to provide multiple benefits (quality, quantity, amenity and biodiversity) in accordance with best practice.

2.13 ‘Moto in the Community’ is Moto’s registered charity foundation established in 2005, with the intention of supporting communities within which it operates. The foundation supports one national charity and has been working with Help for Heroes since 2012 raising £1.5 million towards a target of £2 million for them. Each Moto site supports local charities and schools as nominated by the employees. In 2016 nearly £80,000 was given to local charities and community partners.

2.14 Moto also has a network of ‘adopted schools’ who receive book donations, are invited to enter competitions for resources, and can gain access grants to support specific projects. There is a benevolent fund for employees and their families through times of hardship.

2.15 Moto seeks to work with local authorities, business groups and other stakeholders to promote business and tourism for each local economy.

Collins & Coward 6 3.0 THE NEED FOR AN MSA AT RIPON

3.1 The Transport Assessment and the Alternative Sites Assessment both detail the case for an MSA at Ripon based upon Government Policy and specific provision of MSA facilities on the A1(M) motorway.

3.2 Government policy relating to motorways and trunk roads is set out in Department for Transport (“DfT”) Circular 02/2013 entitled “The Strategic Road Network and the Delivery of Sustainable Development”.

3.3 Circular 02/2013 published on 10 September 2013 at paragraph 8 confirms that:

“a well-functioning strategic road network enables growth by providing safe and reliable journeys”

3.4 Annex B of the Circular deals with the provision of roadside facilities on motorways and trunk roads and confirms that:

“…the primary function of roadside facilities being to support the safety and welfare of the road user”

3.5 The Circular states at paragraphs B4 and B5 that:

“B4. Motorway service areas and other roadside facilities perform an important road safety function by providing opportunities for the travelling public to stop and take a break in the course of their journey. Government advice is that motorists should stop and take a break of at least 15 minutes every two hours. Drivers of many commercial and public service vehicles are subject to a regime of statutory breaks and other working time restrictions and these facilities assist in compliance with such requirements.

B5. The network of service areas on the strategic road network has been developed on the premise that opportunities to stop are provided at intervals of approximately half an hour. However, the timing is not prescriptive as at peak hours, on congested parts of the network, travel between service areas may take longer”.

3.6 At paragraph B6 of the Circular, Highways England recommends that the maximum distance between MSAs should be no more than 28 miles but can be shorter.

3.7 The advice to Local Planning Authorities is that:

“The distances set out above are considered appropriate for all parts of the strategic road network and to be in the interests and for the benefit of all road users regardless of traffic flows or route choice…”

Collins & Coward 7 3.8 The existing network of MSAs has been developed on the premise that opportunities to stop are provided at roughly 30-minute intervals. As speed limits are imposed on sections of motorway the drive time between MSAs could take longer. Accordingly, more MSAs are needed to ensure adequate provision as congestion increases. This will also be the case with the future emergence of SMART Motorways, where the distance between MSAs will inevitably be shorter as roads adapt to specific traffic conditions predominantly dealing with congestion.

3.9 In respect of the determination of planning applications, local planning authorities should:

“not need to consider the merits of the spacing of sites beyond conformity with the maximum and minimum spacing criteria established for safety reasons. Nor should they seek to prevent competition between operators; rather they should determine applications on their specific planning merits”

3.10 Accordingly, the provision of an MSA is based upon the needs of motorists for safety and welfare. A gap in the MSA network will exist irrespective of the spacing of existing MSAs. It is for the private sector to promote MSAs through the planning system.

3.11 The spacing between MSAs is given in the Table 1 below.

Distance in Miles

Motorway Service Area

A

Ferrybridge Wetherby Lake Skelton MS Ripon Bar Leeming Scotch Corner

Ferrybridge 27 36 47 58 Wetherby 27 14 19 28 39 Skelton Lake (M1) 14 33 42 53 Ripon MSA 36 19 33 10 21 Leeming Bar 47 28 42 10 11 Scotch Corner 58 39 53 21 11

3.12 In this instance the distance between MSAs are at the Government’s maximum distance of 28 miles between Leeming Bar (permitted) and Wetherby MSA. There is therefore a case for an infill MSA in accordance with Circular 02/2013.

3.13 The Alternative Sites Assessment has considered the opportunities for a new MSA at an online location and found there is only one such opportunity just north of Junction 48 which is proposed for a hybrid online access to a new proposed MSA at Kirby Hill. In terms of junction sites only Junction 50 offers any opportunity of which the west quadrant was preferable.

Collins & Coward 8 4.0 SITE DESCRIPTION AND SURROUNDING AREA

4.1 The application site extends to 13.35 hectares (33 acres) and lies to the west of Junction 50 of the A1(M). The site is predominately comprised of an agricultural field. The field boundaries are generally lacking in hedgerows, although there are occasional scattered mature trees. A stone wall is located on the northern boundary. Proposals will require work to the existing junction and therefore this has also been included within the redline boundary. Access from the junction will pass through a bank of young mixed plantation woodland planted during previous junction improvement works several years ago. Arable farmland extends in all directions with several small villages beyond.

Site for Ripon MSA

4.2 The site has a contiguous boundary with the A1(M) at junction 50. It also borders the A61 to Ripon.

Collins & Coward 9 4.3 The village of Melmerby is located approximately 1.5 kms to the west of Junction 50. It is reached via the A61 and Melmerby Green Lane. Approximately 1.3 kms away to the west is the Melmerby employment area. This accommodates Class B1, B2 and B8 and other uses. There is a known issue in relation to HGV parking. The village is characterised with red brick and slate buildings of two storeys in height. Melmerby has a number of service, commercial businesses and a public house. There are three Grade II listed buildings in the village the closest to the site being Green End House. There is no conservation area.

4.4 The village of Baldersby is located 2.3 kms to the north east of the proposed Ripon MSA on the A61. The village has eight Grade II listed structures with the closest to the site being the structures at The Hill.

4.5 The small hamlet of Baldersby St James lies closer to the MSA at a distance of 1.5 kms. It has a total of 15 Grade II, two Grade II* and two Grade 1 listed buildings. These are located primarily at the Old School and the Vicarage.

4.6 The village of Rainton lies 1.8 kms to the south east of the proposed MSA. It has five grade II listed structures. It has two public houses, a village hall and chapel. Many of the house are either light coloured brick or York stone.

4.7 The villages of Baldersby, Baldersby St James and Rainton are all located east of the A1(M) and separated from the proposed MSA by the A1(M) motorway infrastructure.

4.8 The site comprises Grade 3b agricultural land in arable use. There is only one mature tree on the northern boundary. On the southern boundary is a landscape screen of trees and bushes planted as part of the A1(M) upgrade. The site is open to the west and the east is defined by the A1(M) with its landscaping.

Collins & Coward 10 5.0 THE PROPOSED RIPON MSA

Vehicular Access

5.1 The proposed MSA takes its vehicular access from Junction 50 of the A1(M) in the western section of the roundabout.

Content of the MSA

5.2 The MSA comprises the following:

• Amenity Building – 2,509 sq.m GIA; • Fuel Filling Station – 261 sq.m; • Drive Thru Coffee Kiosk – 30 sq.m; • 100 Bedroom Lodge – 2,822 sq.m;

5.3 The parking facilities are as follows:

• Car Park - 377 spaces, including electric charging points and parking for the disabled (20 spaces); • HGV parking area - 66 spaces; • Caravan Park - 8 spaces (2 accessible); • Coach Park - 13 spaces; • Motorcycle Park – 14 spaces; • Staff parking areas to the rear of the Amenity Building – 13 spaces; • Fuel Filing Station Parking – 8 spaces; • 1 Abnormal load parking area.

The Amenity Building

5.4 The Amenity Building is aligned closely with the sites eastern boundary towards the southern portion of the site with the main entrance west-facing and being easily accessible from the main car park. External seating areas will be provided, linking to and from internal seating and restaurant areas. A number of mobile retail and food kiosk units will be sited in close proximity to the main amenity building entrance.

5.5 The main elevation of the building includes a V-shaped structural colonnade supporting over-sailing roof planes. External materials include glazed walls to the main front elevation, horizontal terracotta planks, split faced blockwork and through colour boarded cladding. Colours are as follows:

• Terracotta planks: predominantly buff with accent plank colours in light to mid green; • Split faced blockwork: silver grey; • Through colour board cladding: jadeite green (soft green/grey).

Collins & Coward 11 5.6 Upper flat roof areas will be in a single ply membrane containing plant and access ways as required. Plant will be raised on steel bearers where appropriate. The plant well will be guarded by upstand parapet walls and visually screened by louvres.

5.7 The amenity building will be approximately nine metres in height at its highest roofline and will have a total Gross Internal Area (GIA) of 2,509 sq.m. Units within the amenity building will typically be (Table 2):

Table 2: Specific units types within the Amenity Building

Unit Greggs WH Smiths Costa coffee including lounge seating area Adult Gaming Centre Arlo’s unit, including seating area M&S Simply Foods KFC Burger King 2No. smaller food/retail offers Costa Kiosk (Sited within main seating area)

5.8 The Amenity Building will provide free toilets and handwashing facilities for all drivers. There will be showers and washing facilities for HGV drivers. There will be staff welfare and office areas. The Lodge Building

5.9 The lodge building is also aligned with the eastern boundary and located adjacent to the main amenity building. These two buildings are set against the strong visual backdrop of the rising A61 and its embankment landscaping. The lodge also takes advantage of the frontage to the main car park, whilst being sufficiently distant from the site’s main circulatory roads and the activity of the main HGV park.

5.10 The lodge operator will have access to 50 non-designated parking spaces within the main amenity building car park. This 50-space allocation is accounted for in the overall parking provision for the MSA based on one parking space per two bedrooms. Accessible and motorbike parking spaces are also available within close proximity to the lodge main entrance.

5.11 The internal layouts are logically laid out, with bedrooms either side of a central main circulation corridor. En-suite bedrooms comprise a mix of 62 no. standard rooms and 38 no. larger family rooms. A proportion of the family rooms are wheelchair accessible.

Collins & Coward 12 Drive-thru Coffee Kiosk

5.12 A separate, stand-alone drive-thru coffee kiosk will be located to the north-west of the HGV parking area and is located adjacent to the main site circulatory loop road. The drive-thru unit will be a single storey kiosk with a GIA of 30 m2.

Fuel Filling Station

5.13 The Fuel Filling Station (FFS) will be positioned in the north-eastern part of the site as a final call point prior to re-joining the public highway network. It is positioned directly off the main circulatory loop road through the site and is accessible without passing through any other facility or parking areas. Fuel pump provision is as follows:

• Cars: six dual sided stands, 11 no. pumps in total; and • HGV / coaches: two dual sided stands, three pumps available at any one time.

5.14 Canopy cover will be provided over all pump stands, with the cover extending, but not connected, to the FFS kiosk. The kiosk unit will be single storey, has a GIA of 261m2 and contains the following facilities:

• Sales area and payment counters; • Food and drink severy; • Customer toilets; • Store room/office;

5.15 External facilities include:

• Eight visitor parking bays, of which one will be an accessible parking bay, two will include air / water filling stations, and one will have access to a car vacuum point; • One HGV parking bay located to the rear of the kiosk to facilitate deliveries. This bay will also be equipped with an air / water station for general HGV use; • Enclosed, but not covered, refuse compound contained within timber fencing, to the rear; • Emergency generator compound similarly fenced and located.

5.16 The positions of tank filling points and vent pipes will be agreed with the fuel supply company.

Collins & Coward 13 MSA Design

5.17 The detailed MSA design and its design evolution are set out in the Design & Access Statement (“DAS”). The architectural design theme, including materials selection is consistently carried through to each of the buildings on the site. All the buildings will be embedded into a new and well landscaped setting. A fully integrated Sustainable Drainage System for surface water management is incorporated into the landscape design to provide multiple benefits in accordance with best practice. The arrangement of buildings along the eastern boundary of the site enables clear control of built form in alignment with the A61 and its associated landscape belt and avoids otherwise more intrusive development in the open field setting to the west.

Collins & Coward 14 6.0 THE DEVELOPMENT PLAN, NATIONAL AND OTHER POLICY

6.1 This Chapter of the Statement considers adopted planning policy and other material considerations such as national policy. There are two important expressions of national policy relevant to Motorway Service Areas, namely, the DfT Circular 02/2013 “The Strategic Road Network and the Delivery of Sustainable Development”, and the National Planning Policy Framework (“Framework).

6.2 The Framework needs to be considered against the context of the extant and emerging Development Plan for Harrogate whilst the Circular 02/2013 sets out the approach to MSA development including detailed guidance on signing, parking charges, picnic areas, access, parking provision, retail activities, hotel, conference, and business centres.

The Principle of Development

6.3 Section 38(6) of the Planning and Compulsory Purchase Act 2004 (“2004 Act”) amends the Town and Country Planning Act 1990 (“1990 Act”) and sets out the requirement that:

“If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.”

6.4 Section 39 of the 2004 Act requires Local Development Documents to be prepared with a view to contributing to the achievement of sustainable development.

6.5 Accordingly, the application proposals first falls to be considered against the adopted Development Plan and then against any other material policy considerations including national policy.

Development Plan

6.6 The Development Plan for Harrogate comprises the:

• Saved policies of the Harrogate District Local Plan (2001), as amended by the Selective Alteration (May 2004); and • Harrogate Borough Council Core Strategy (2009).

Saved policies of the Harrogate District Local Plan (2001), as amended by the Selective Alteration (May 2004) (“Saved LP”)

6.7 The Saved LP 2001 sets out the Council’s policy framework and the vision for future development in the Borough. There are no polices within the Saved LP relating to MSAs or roadside development. The Proposals Map confirms there are no site-specific proposals relating to the site.

Collins & Coward 15 6.8 The Saved LP was adopted in February 2001. It has been amended by an Alteration which was adopted in May 2004. The Plan was saved in 2007 and has been further amended through the adoption of the Core Strategy. Accordingly, a number of policies within the Local Plan have been deleted.

6.9 The Saved LP is somewhat dated by reference to paragraphs 214 and 215 of the National Planning Policy Framework 2012 (“NPPF”), therefore, the weight to be attributed to the Plan policies relates to their compliance with the NPPF.

6.10 The primary policy guiding the development of Motorway Service Areas is Policy T7 which states:

WITHIN HARROGATE DISTRICT PLANNING PERMISSION WILL BE GRANTED FOR NOT MORE THAN ONE MOTORWAY SERVICE AREA SERVING THE A1(M). THE PROVISION OF AN MSA IS TO BE DEPENDENT ON THERE BEING A NEED FOR SUCH A FACILITY, TAKING INTO ACCOUNT EXISTING AND PLANNED SERVICES ON THE A1 AND LINKED MOTORWAYS ELSEWHERE IN HARROGATE AND YORKSHIRE. SITES AND PROPOSALS WILL BE ASSESSED AGAINST THE FOLLOWING CRITERIA: A) THE NEED TO MEET MINIMUM STANDARDS FOR PARKING AND THE OTHER BASIC SERVICES NECESSARY TO SERVE THE NEEDS OF MOTORWAY USERS; B) THE DESIRABILITY OF EXCLUDING EXTRANEOUS SERVICES AND FACILITIES; C) THE NEED TO PROVIDE SAFE AND CONVENIENT ACCESS WITHOUT INTERFERING WITH THE FREE AND SAFE FLOW OF TRAFFIC ON THE MOTORWAY OR THE LOCAL HIGHWAY NETWORK; D) MINIMISING THE LOSS OF THE BEST AND MOST VERSATILE AGRICULTURAL LAND; E) MINIMISING THE IMPACT ON LISTED BUILDINGS, REGISTERED PARKS AND GARDENS AND THEIR SETTINGS; F) SAFEGUARDING AND/OR ENHANCING THE EXISTING LANDSCAPE CHARACTER OF THE SURROUNDING AREA; G) SAFEGUARDING SITES AND FEATURES OF ARCHAEOLOGICAL OR NATURE CONSERVATION INTEREST; H) MINIMISING THE IMPACT ON RESIDENTIAL AMENITY.

6.11 This policy was developed against a national policy context set out in Planning Policy Guidance (PPG13 Annexe A). This has been superseded twice by Circular 1/2008 and the current guidance at Circular 02/2013 and of course the NPPF. To the extant that the policy does not comply with national guidance as set out in the NPPF and Circular 02/2013, criteria (c) to (h) are broadly consistent with national policy. The remainder of the policy is in direct conflict with current national guidance and policy. The Planning Assessment will consider the proposed Ripon MSA on the matters identified under criteria (c) to (h).

Collins & Coward 16 6.12 Policy C2 of the Saved LP focuses on the Character of the Countryside and seeks to ensure:

Development should protect existing landscape character. In locations where restoration of the landscape is necessary or desirable, opportunities should be taken for the design and landscaping of development proposals to repair or reintroduce landscape features, to the extent that this is justified by the effects of the proposal.”

6.13 The overall thrust of policy in Chapter 4 is to conserve sites, habitats and individual species from inappropriate development, as well as to enhance the nature conservation interest in the Borough. The Proposals Map indicates there are no designated sites of ecological/nature interest close to the application site.

6.14 Chapter 6 includes policies on design in new development. Policy HD20 sets out a list of design criteria in which all proposals for new development should consider. The design criteria are:

• “New buildings 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 buildings should respect the local distinctiveness of existing buildings, settlements and their landscape setting.” • “New buildings should respect the scale, proportions and height of neighbouring properties.” • “New building design should respect, but not necessarily mimic, the character of their surroundings and, in important locations, should make a particularly strong contribution to the visual quality of the area.” • “Fenestration should be well-proportioned, well-balanced within the elevation and sympathetic to adjoining buildings.” • “The use and application of building materials should respect materials of neighbouring buildings and the local area.” • “New development should be designed with suitable landscaping as an integral part of the scheme.” • “Special consideration will be given to the needs of disabled and other inconvenienced persons, particularly in proposed developments to which there will be public access.” • “New development should respect the privacy and amenity of nearby residents and occupiers of adjacent buildings.” • “New development should maximise the opportunities for conservation of energy and resources through design, layout, orientation and construction.”

• “New development should, through design, layout and lighting, pay particular attention to the provision of a safe environment.”

Collins & Coward 17 6.15 Chapter 10 Employment aims to provide for existing and future employment needs. Of particular importance, in the third objective of Chapter 10, as stated in paragraph 10.9, is: “to encourage economic activity in rural areas where compatible with the plan’s policies for the natural and built environment.”

6.16 Transport is the focus of Chapter 12 of the Saved LP. Policy T7 has been set out above. Also relevant to the application is Policy T13 Lorry Parking which states that:

“The Borough Council, in conjunction with the county council, will investigate opportunities for lorry parking in the district.”

6.17 The justification text for this policy states that: “Harrogate lacks an official lorry park and although demand appears limited there are certain times when a facility is required.”

Harrogate Borough Core Strategy (2009) (“CS”)

6.18 The Core Strategy (“CS”) was adopted in February 2009. The thrust of policy and strategy is the development and conservation in the District up to the year 2021 and beyond. Those policies of relevance are set out below.

6.19 Chapter 5 Jobs and Business sets out the approach to the local economy: business development, tourism and retail & town centre development. Paragraph 5.1 of the introductory text states that: “The overall vision of the Core Strategy seeks to support more buoyant and diverse urban and rural economies… The policies in this chapter look to support innovation and enterprise which deliver high levels of business start-up and growth. Policies which provide strong support for the tourism sector, and in particular conference and business tourism are also set out reflecting the significance of this sector to the local economy”

6.20 Core Strategy Objective 10 seeks to “provide a robust and varied economy for the benefit of local people”. This underpins Policy JB1 which aims to support the Harrogate District Economy.

6.21 The Travel Chapter of the CS seeks to tackle congestion and improving accessibility. However, there is no policy for Motorway Service Areas and no justification to support Policy T7 of the Saved LP.

6.22 Chapter 7 Environment and Quality of Life sets out three strategy objectives as follows:

17 To provide enhanced care for the environment, with particular 2 emphasis on the reduction of waste and CO emissions, climate change and renewable energy. 18 To protect and enhance the built and natural environment, including biodiversity, landscape character, giving special protection towards those areas and buildings of recognised importance.

Collins & Coward 18 19 To encourage exemplar design quality which safeguards the distinctive character of its settlements and minimises impact on the environment, particularly in sensitive areas

6.23 Policy EQ1 for non-residential development seeks a BREEAM standard off “very good”. Policy EQ2 The Natural and Built Environment and Green Belt includes the requirement that “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”.

National Planning Policy Framework (“Framework”)

6.24 The Framework was published in March 2012. It sets out the Government’s Planning Policies. This is supplemented by the Government’s Planning Policy Guidance (“PPG”).

6.25 The Framework at paragraph 7 sets out the three dimensions to sustainable development: economic, social, and environmental. An assessment of the MSA proposal against these criteria clearly indicates that the development is sustainable and should be approved “without delay”.

Economic:

• Significant private sector investment into the area; • Local construction jobs; • Local full-time employment for around 200 people; • Additional spending potential in the Borough; • Support for local businesses to serve MSA; • Contributions to local infrastructure.

Social:

• Safe and convenient location for motorway users to stop; • Provision for those wishing to use the MSA facilities for refreshment; • Overnight accommodation for those needing to stop on their journeys; • Accessible location within close distance of motorway infrastructure.

Environmental:

• Enhancing the natural and built environment; • Providing quality architecture in keeping with the surrounding area; • Ecological protection and enhancement; • Accessible to passing motorists avoiding the need for safety and welfare trips off the motorway; • Local services and public transport encouraging more sustainable modes of travel.

6.26 The Framework at paragraph 11 makes it clear that planning law requires that planning applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. Paragraph 14 stresses that sustainable development should go ahead without delay:

Collins & Coward 19 “For Decision-taking this means:

• Approving development proposals that accord with the development plan without delay; and

Where the development plan is absent, silent, or relevant policies are out of date grant planning permission unless:

• Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole; or • Specific policies in the Framework indicate development should be restricted.”

6.27 Paragraph 17 of the Framework refers to the twelve core planning principles and of particular relevance are that Councils should:

• Proactively drive and support sustainable economic development to deliver …infrastructure and thriving local places that the Country needs…; • Always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings; • Actively manage patterns of growth to make the fullest possible use of public transport, walking, cycling and focus significant development in locations which are or can be made to be sustainable”

6.28 Chapter 4 of the Framework sets out policy guidance for sustainable transport by encouraging the reduction in greenhouse gases (paragraph 30), improving public transport, cycling and walking and introduce Travel Plans (paragraph 36) with the aim of reducing the number and extent of journeys. The provision of an MSA at Ripon will assist in achieving sustainable transport objectives.

6.29 Paragraph 31 of the Framework notes that:

“Local authorities should work with neighbouring authorities and transport providers to develop strategies for the provision of viable infrastructure necessary to support sustainable development, including large scale facilities such as …roadside facilities for motorists…”

6.30 In recognition of requirements set out at paragraph 31, the Framework at paragraph 32 confirms that development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.

Collins & Coward 20 6.31 Chapter 7 of the Framework recognises that good design is a key aspect of sustainable development (para 56) whilst planning decisions (para 58) should aim to ensure developments:

• Will function well and to the overall quality of the area, not just for the short term but over the lifetime of the development; • Establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit; • Optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks; • Respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation; • Create safe and accessible environments where crime and disorder, and fear of crime, do not undermine quality of life or community cohesion; and are visually attractive as a result of good architecture and appropriate landscaping.

6.32 The approach to the design of the MSA buildings as set out in the Design & Access Statement is one where the buildings are outstanding and seek to raise the standard of MSA design across the UK in future. This approach is supported at paragraph 63 of the Framework.

6.33 In terms of creating a safe and accessible MSA environment, whilst site layout, building position and natural visual surveillance are available and important, CCTV will also act as a very strong deterrent to crime. CCTV will be utilised covering key areas, including site access and egress, fuel filling station, service yard and building entrances.

6.34 External lighting levels will be sufficient for security monitoring. A parking management regime will be utilised to impose parking arrangements, which will comprise a system of number plate recognition (ANPR) cameras to record vehicles on arrival and departure. An intruder detection system will be provided throughout the main buildings. A number of separate security systems will be employed and, where required, the intruder alarm system will be linked with the CCTV installation to provide visual identification of any intrusion. The alarm system will also be linked to an alarm receiving centre to permit automatic notification to the police. CCTV systems will be installed to monitor queues at tills and the use of gaming machines in the amenity building and for general security or as advised by the security specialist.

6.35 The Framework sets out the Government’s aspirations in terms of meeting climate change and managing flood risk. The flood risk at the site of the proposed MSA is flood zone 1. The MSA will not increase flood risk through controlled run-off of surface water. The MSA green credentials will meet the requirements of climate change. These are set out in the Sustainability Statement and measures have been incorporated into the design of the buildings and external areas.

Collins & Coward 21 6.36 Pollution, noise and air quality are important considerations in the determination of the acceptability of development and its location (para 120). The Environmental Statement which forms part of the application provides a full assessment of these considerations. This shows that the individual and cumulative impacts do not create significant adverse impacts. Paragraph 122 directs Council’s to consider whether the land itself is suitable for the development in the first instance rather than focus on emissions which are the subject of a separate regulatory regime recognising for instance that development will create some noise (para 123).

6.37 Chapter 12 of the Framework considers the impact of development upon the historic environment. The new MSA will have no impact on any historic asset. In such instances the Framework sets out the relevant test at paragraph 134 wherein the harm, if any, needs to be assessed against the public benefits of the proposals. In this instance the safety and welfare needs of the motorists significantly outweighs any potential harm to heritage assets. The Environmental Statement sets out the detailed consideration of the development in the context of local historic assets.

6.38 The Framework provides clear guidance on “Decision-Taking” at paragraphs 186-198. The applicant has followed Government advice through early engagement with the Council and statutory consultees, stakeholders and the public. Detailed assessment has been undertaken through the environmental impact assessment which has informed the design of the MSA. In particular, paragraph 186 requires Councils to approach decision- taking in a positive way to foster the delivery of sustainable development and that Councils should look for solutions rather than problems (para 187).

6.39 In summary, the prime importance of MSAs is the provision of safety and welfare for motorists. The need for an MSA at Ripon is clear and compelling. The Framework provides a to assess the proposals and the applicant considers the Framework supports an MSA at this location.

National Planning Practice Guidance (“PPG”)

6.40 The PPG was issued online in March 2014 to provide further explanation of how Policy in the Framework should be delivered. This guidance is updated regularly to reflect changing priorities for the delivery of sustainable development.

6.41 The assessment of development impacts from the new MSA is considered in detail in the Environmental Statement. Matters of ecology, air quality, noise, light pollution, landscape impact and other considerations are all shown to not have a significant adverse impact. These have been considered in the context of the PPG and found to be acceptable.

Collins & Coward 22 Planning for Growth – Ministerial Statement

6.42 On 11 March 2011 the Minister of State, Rt. Hon. Greg Clark issued a written statement entitled “Planning for Growth” which confirmed the Government’s:

“…clear expectation is that the answer to development and growth should wherever possible be ‘yes’, except where this would compromise the key sustainable development principles set out in National Policy.”

6.43 This was a prelude to the Framework published in March 2012 and confirmed the continuity of Government policy and the need for local planning authorities to consider planning applications favourably. Ministerial Statements are material considerations for the purpose of planning decisions.

Transport – Ministerial Statement

6.44 On 21 May 2018 Transport Minister, Jesse Norman, confirmed:

“I have written with Planning Minister, Dominic Raab to enable Local Planning Authorities to draw attention to the survey results, which show a strategic national need for more lorry parking and highlight shortages in specific areas.”

6.45 The Ripon MSA can assist in meeting the need for HGV parking on the A1(M).

Emerging Local Policy – Draft Harrogate Local Plan (“draft LP”) 6.46 The Council is at the very early stages of preparing its Local Plan which will replace the existing adopted policies. The emerging Harrogate District Draft Local Plan was published in October 2016 and public consultation occurred between November and December 2016. An ‘Additional Sites Consultation 2017’ document was published in July 2017. This document identifies additional employment allocations. Consultation on the Harrogate District Local Plan Publication Draft took place from Friday 26 January 2018 to Friday 9 March 2018.

6.47 Draft Policy GS1 sets out the number of homes and the amount of employment land required in the district’s plan period. Policy EC3 looks to support limited employment development in the countryside and Policy EC7 looks to support sustainable tourist development in the countryside.

6.48 Transport infrastructure is the focus of Policy TI1 which aims to provide a framework for sustainable transport and “the council will work in partnership with other authorities, transport providers and local groups to promote a sustainable and improved transport system which is safe, reliable, and convenient…”.

6.49 The draft LP contains no polices for Motorway Service Areas.

Collins & Coward 23 7.0 THE PLANNING ASSESSMENT Introduction

7.1 The Statutory test for any development proposal follows Section 38(6) of the Planning and Compulsory Purchase Act 2004 insofar that a decision should be in accordance with the Development Plan unless material considerations indicate otherwise. The weight to be given to Development Plan policies is guided by the Framework. In respect of the adopted policies these are to a greater or lesser extent out of date and can only be given weight insofar that they are consistent with the Framework. The Saved LP policies are clearly out-of-date but the Core Strategy is a relatively recent up-to-date document.

7.2 The Framework at Paragraph 14 confirms there is a presumption in favour of sustainable development. The MSA is not identified as a policy in the extant or emerging Development Plan as required by the Framework at paragraph 31 for roadside services. Accordingly, the test is whether there are any adverse impacts that would significantly and demonstrably outweigh the benefits when assessed against the polices in the Framework as a whole or against specific polices in the Framework which would indicate that development should be restricted. In respect of this last point, there are no polices in the Framework that indicate the development of an MSA should be restricted at Ripon. Overall, the Framework as a whole supports the provision of an MSA at Ripon.

Safety and Welfare of Motorists

7.3 The DfT Circular 02/2013 confirms that the provision of MSAs is for the safety and welfare of motorists on the motorway network. As congestion increases on the network the spacing between MSAs is reducing to ensure both the distance travelled and the time taken to drive between sites is also shorter. This is corroborated by Moto’s customer surveys. MSA provision helps to prevent accidents and reduce economic delay. The need to provide for safety and welfare on the motorway network in accordance with Circular 02/2013 is conclusive proof of need.

7.4 The safety and welfare benefits are significant and compelling weighing in favour of the application. It is against this benefit that any adverse impacts need to be assessed.

Economic Benefits

7.5 There are a number of economic benefits including reducing accidents and the cost of those to the economy. There will be an investment of £30 million pounds in the construction and operation of the MSA. There will be temporary construction jobs and around 200 permanent jobs contributing to the local economy. The development will contribute significant rates to the Borough. There will be training programmes for employees to improve their experience and skills. There will be direct and indirect business support for local companies. The MSA will create a landmark for reference to Harrogate, Ripon and its economy.

Collins & Coward 24 Social Benefits

7.6 The creation of a safe and convenient MSA with access to the welfare needs for motorists is a significant social benefit. There will be opportunities for those on business to take a break but also make those essential phone calls without driving. There will be overnight sleeping accommodation in the form of a budget lodge with 100 bedrooms.

7.7 There will be outdoor amenity space with seating areas and children’s play facility. The MSA will have full facilities for those who are not fully able including dedicated parking and toilet facilities.

7.8 The new MSA will enable those visiting the area to have a stopping off point at Ripon and increase the opportunity for tourism at the City.

7.9 The creation of jobs is not only an economic benefit to the community but a social one to enable those who want a job with Moto to secure a permanent position. This is very important to those with insecure jobs and those without employment at present.

Environmental Benefits

7.10 The new Ripon MSA will provide significant environmental benefits including enhancing biodiversity through the provision of ponds, amenity areas, enhanced boundary screening/planting and internal areas within the MSA. The aim is accommodate the new MSA within an enhanced natural environment. The MSA has been designed to provide high quality architecture integrated into an enhanced landscape environment which is good for biodiversity.

7.11 The environmental impacts have been fully assessed and the Environmental Statement which has demonstrated that the MSA can be development without significant impact. The Environmental Impact Assessment process has been carried out in a two-stage process. The first stage is where environmental “baseline” information is gathered to understand the existing environment (both on site, and in the surrounding area). Secondly, once the existing environment is understood, the environmental effects from the development of the scheme (at construction and operation) are set out.

7.12 The likely environmental effects from the construction and operation of the proposed MSA have been assessed using best-practice methodologies which differ from topic to topic. An assessment has also been made of the effects that would arise from the combination of the proposed Ripon MSA and other developments not yet constructed (or currently under construction) in the vicinity of the proposed MSA (termed “cumulative effects”). Where adverse effects have been identified, measures have been proposed wherever possible to avoid, reduce or remedy these. These are termed mitigation measures. Measures to enhance beneficial environmental effects have also been proposed where appropriate. In many cases, however, the design has considered environmental impact, and incorporated measures in the design to prevent significant impact (e.g. when considering the layout of buildings, selecting species for planting, incorporating gently rising mounds at the site boundaries, or designing the site drainage).

Collins & Coward 25 Air Quality 7.13 Annual objectives for air pollutants are not being exceeded at the site. 7.14 Construction of the proposed MSA will result in the generation of dust due to construction activities and the movement of construction vehicles. Dust will be minimised and continuously controlled through mitigation measures selected in accordance with Institute of Air Quality Management Guidance. These include: • record all dust and air quality complaints, identify cause(s), take appropriate actions • undertake daily on-site and off-site inspection of air quality conditions, including construction plant and vehicle movements • appropriate site layout and location of machinery and activities that could create dust impacts • ensure all vehicles switch off engines when stationary i.e. no idling vehicles • Avoid the use of diesel or petrol-powered generators and use mains electricity or battery powered equipment where practicable • signpost and rigorously impose maximum speed limits • ensure vehicles entering and leaving the site are covered to prevent escape of materials during transport • only use cutting, grinding, or sawing equipment fitted or in conjunction with suitable dust suppression techniques (e.g. water sprays) • fires will not be permitted on site. 7.15 The proposed Ripon MSA is not predicted to significantly increase traffic flows on local roads, as users of the site will mainly comprise users of the existing motorway network. Traffic pollution has been assessed using detailed numerical analysis of vehicle numbers, traffic flows, and emission rates, and no significant adverse effects are predicted. 7.16 Emissions from on-site biomass boiler emissions could increase pollution concentrations close to the site. An assessment of the impact of airborne emissions from the boiler has been carried out using detailed numerical analysis, and the effects are predicted to be negligible.

Archaeology and Cultural Heritage

7.17 There are no scheduled monuments, listed buildings, local listed buildings, battlefields, conservation areas, world heritage sites or registered parks and gardens within the site boundary. There are no designated heritage assets within a 1km radius area. There are some listed buildings in villages beyond 1km of the site.

7.18 There is potential for sub-surface roman, prehistoric, and medieval sub-surface remains. This will be achieved by a programme of archaeological investigation works (comprising targeted trial trenching evaluation during the pre-determination stage of the application). After the implementation of this mitigation there will be a Neutral impact.

Collins & Coward 26 Agricultural Land 7.19 An assessment of the agricultural land quality has taken place for the project. The land is classed as Grade 3b Agricultural Land. Grade 3b is described as not best and most versatile agricultural land. 7.20 The site area will be permanently removed from agricultural production as a result of the development. Where possible, topsoil from the site will stripped and stockpiled (appropriately, so not to damage its properties) for reuse in landscape works on the site.

Ecology 7.21 A Preliminary Ecological Appraisal Survey has been completed, in addition to Breeding Bird Surveys and a Great Crested Newt Habitat Suitability Index Assessment.

7.22 The site predominately comprises arable farmland with little ecological value. The receptor of most significance would be nesting birds, with skylark (a UK BAP Species) recorded on the site.

7.23 Whilst an area of arable farmland will be lost as a part of the proposals. The proposed landscaping will provide habitat suitable for nesting skylark and also other UK BAP bird species such as linnet, house sparrow and starling. This will include a band of species rich grassland, areas of native woodland and nest boxes. Proposals will also greatly increase the area of suitable reptile and amphibian habitat through the incorporation log piles and hibernacula.

7.24 Multiple mitigation and enhancement measures have been identified and will be incorporated into a Construction Environmental Management Plan and Ecological Management Plan at the post planning stage. As long as the mitigation measures are implemented, in particular the extensive landscaping proposals, the development is near certain to have a Permanent Positive impact for many ecological receptors. The proposed development is likely to comply with all legislation and planning policy with regards to ecology. The proposals are in line with Harrogate Borough Policy with regards to the protection and enhancement for biodiversity.

Landscape and Visual Impact 7.25 The application site lies within a subtle depression with slightly higher ground to the west and south, while the A1(M) including the associated earthworks and planting, limit views from the east. Therefore, although the site is open, it is not particularly visible within the local landscape and the distant hills are so far away that the proposed development will be imperceptible in the view when viewed from the hills.

7.26 The proposed earthworks, will ensure that the proposed development has very little visual influence on the landscape character of the surrounding landscape. The use of ground sculpting to reduce visibility rather than blocks of woodland will ensure that the open character of the area is retained.

Collins & Coward 27 Lighting 7.27 It is concluded that the indicative lighting design not only sufficiently meets the standards presented in the ILE Guidance Notes for the Reduction of Obtrusive Light GN01:2011 but possesses proven methods of reducing light spill over the site boundary onto neighbouring areas and minimises sky glow from upward light distribution. In addition to this, features incorporated into the landscaping of the proposed development including screening mounding will provide additional mitigation. Furthermore, extensive tree planting will take place on these mounds to minimise adverse visual effects in the surrounding area.

Noise and Vibration

7.28 The noise climate in the area is dominated by road traffic from the A1(M) and A61. Baseline noise levels at the nearest receptors during both the day and night are commensurate with their proximity to the main roads.

(i) Construction

7.29 The noise and vibration assessment concluded that, with the implementation of best practical means, there will be no significant residual noise and vibration effects at the receptors outside the application boundary as a result of the construction activity.

(ii) Operation: MSA equipment and vehicles

7.30 New noise sources will be subject to planning condition (noise limit thresholds) by the local authority to ensure the MSA does not exceed noise limits for the local area. By complying with clearly defined thresholds, the noise effects of the buildings and activities are not likely to be significant.

7.31 The operational noise effects of vehicle-related noise, including vehicles moving within the MSA, is also unlikely to be significant, since vehicle speeds will be low and traffic will be carefully managed and controlled.

Socio-economics 7.32 Moto Hospitality Ltd directly employs all staff in its service areas and commits to training to the appropriate level for their roles. Staff are also encouraged to develop their careers through training and mentoring programmes.

7.33 The socio-economic assessment has examined employment creation during both the construction and operational phases of the MSA. It is estimated that the during the construction phase there will be an estimated 9.1 new jobs created in the local area.

Collins & Coward 28 7.34 During operation it is estimated using the floor areas that 89 new full-time positions will be created. To test the accuracy of this estimate, which is based on generic commercial floorspace multipliers, Moto Hospitality Ltd were consulted and asked for (direct, on-site) employment numbers for a comparative site. Moto Hospitality Ltd stated that Wetherby was deemed comparable, and at the time of the assessment this site employed 215 FTE on site. Based on this, it may be that the numbers of employees eventually employed within the proposed MSA may actually be higher than that estimated above.

7.35 This will have a positive effect on the local economy, plus secondary effects such as potentially reduced income deprivation for anyone finding employment for the first time, and contributions through increased business rates and taxation.

Transport 7.36 A full transport assessment has been prepared for the proposed MSA. This is submitted as separate standalone document as part of the planning application. The environmental statement contains a summary of the findings of the transport assessment examining: • severance • driver delay • pedestrian delay • pedestrian amenity • fear and intimidation • accidents, safety, and hazardous loads.

7.37 This assessment has considered the impact of the proposed Ripon MSA along with other developments in the local area and general “background” traffic growth. The assessment concludes that there will be an improvement in terms of safety on the strategic road network, and some minor-moderate negative effects on driver delay, which will be reduced through management and design of access arrangements. Overall, no significant effects are deemed likely.

Water and Flood Risk 7.38 The site is located entirely located in Flood Zone 1 (low risk). Majority of the site is at very low risk from surface water flooding, although there are several high-risk areas. The site is located over a Major Aquifer (highly permeable).

7.39 Potential construction phase impacts will be controlled through implementation of suitable best practice mitigation measures which will be included in the CEMP.

7.40 A SUDs based drainage strategy will be implemented to ensure that the surface water runoff rates would be reduced or not increase beyond the existing rates, for the operational lifetime of the development. This will also ensure the all run-off from the site will receive an appropriate level of treatment.

7.41 The buildings will be designed to maximise water efficiency through measures such as using alternative sources of water, such as rainwater and greywater harvesting, as well as the adoption of water efficiency measures, where possible.

Collins & Coward 29 Town Centre Uses 7.42 The NPPF at paragraph 24 confirms that a sequential test should be carried out for main town centre uses that are not in an existing centre and are not in accordance with an up- to-date Local Plan. A sequential test only applies to retail, leisure, and office development. MSAs are not any particular use class. They have been classified as sui generis ie they are outside any use class. They are a composite of uses of which none fall within any particular use class and do not form individual planning units. Moto has never had to provide a sequential test for any uses within the MSA nor has one been required.

7.43 The local planning authority has discretion under paragraph 24 of the Framework not to require such an assessment. This is logical as a sequential test would have no meaning where the MSA is serving only the motorway. The MSA must be located on the motorway and its services are for those travelling on the motorway network. This is a specific market segment that can only be served by MSAs. Town Centres are not appropriate to serve motorway users.

Assessment against Policy T7 of Adopted Local Plan

7.44 Wetherby MSA meets the need for an MSA under Policy T7 when it was formulated. There have been a number of appeals for MSAs on the A1(M) within Harrogate and the 2012 Secretary of State’s decision (considered in next Section) confirmed Wetherby meet the T7 need but the policy did not reflect national planning policy.

7.45 Insofar the Policy T7 remains extant the Ripon MSA meets the criteria:

(a) Parking for all classes of vehicles are provided within the MSA; (b) The MSA contains the core facilities found at MSAs including an Amenity Building, Lodge, Fuel Filling Station and Drive Thru Coffee Unit; (c) The simple spur access into the site from the roundabout is safe and convenient without causing any adverse traffic conditions; (d) The site has grade 3b land and is not best and most versatile agricultural land; (e) This is no adverse impact on heritage assets; (f) There will be some adverse impact on the landscape during construction and whilst the landscape setting is maturing but this will be minimised as set out in the LVIA; (g) The site has been subject to a geophysical survey and trial trenching; (h) There is no impact on residential amenity.

7.46 Overall, the proposed Ripon MSA meets the requirements of Policy T7. Conclusion

7.47 Therefore, having considered all the relevant material considerations above the planning balance is clearly and demonstrably in favour of sustainable MSA development.

Collins & Coward 30 8.0 THE 2012 APPEAL DECISION

8.1 On 16 October 2012 the Secretary of State for Communities and Local Government (“SoS”) issued his decision in respect of five appeals seeking permission for an MSA on the Section of the A1(M) between Wetherby and Barton. The five appeals were:

1. APP/E2734/A/09/2102196 – Kirby Hill;

2. APP/G2713/V/09/2108815 – Motel Leeming Services;

3. APP/E2734/V/10/2133571 – Ripon Services;

4. APP/E2734/V/10/2133577 - Baldersby Gate;

5. APP/G2713/V/10/2133567 – Coneygarth Truck Stop.

8.2 The SoS granted permission for the Motel Leeming Services sites under the previous planning and highways policy as it was allocated within the Development Plan and the speed with which it could be delivered to meet the needs of motorway users. This site is under development.

8.3 The SoS’s decision was informed by the extant Circular 1/2008 which stated at paragraph 59:

“Where infill sites are proposed, the Government’s preference will be that they should be located roughly halfway between MSAs, unless it can be shown that an off-centre location is more suitable in either operational, safety or spatial planning terms or in its ability to meet a particular and significant need. The Government will not agree to more than one infill site between any two core MSAs. Where the spacing between two existing MSAs is 40 miles or greater, any infill site that might be permitted will also be designated as a Core site…”

8.4 Circular 01/08 has now been superseded by DfT Circular 02/2013. The current Circular does not contain any references to ‘Core’ and ‘Infill’ MSAs nor does the document note preference for locating ‘Infill’ sites roughly halfway between existing MSAs.

8.5 The Inspector reporting to the Secretary of State recommended the grant of planning permission for the Baldersby Gate site (the current application site for Ripon MSA). I(n assessing the Baldersby Gate site the Inspector concluded that the site would:

• Not become a destination in its own right (IR 14.1.80); • That junction 50 would be the best location to meet the need (IR 14.1.88); • It could meet the needs of Circular 1/2008 save for a smaller abnormal load area (IR 14.5.17 & 18); • The traffic impact would be acceptable (IR 14.5.20); • The access to the site was acceptable (IR 14.5.21 & 22); • Temporary construction access from the A61 would be acceptable (IR 14.5.25); • The MSA would represent a significant encroachment into the countryside (IR 14.5.26);

Collins & Coward 31 • The land was classified as best and most versatile agricultural (“BMV”) land and therefore weighed in the balance (IR14.5.27 & 28); • There were few sensitive receptors in respect of landscape impact (IR 14.5.32); • The proposal would cause moderate harm to the landscape character. The harder elements may soften over the years as vegetation matures, but the box- like appearance would remain; harm would lessen to moderate to slight. (IR 14.5.35); • The visual harm would be very slight (IR 14.5.41); • No listed buildings would be affected by the proposal (IR 14.5.42); • Archaeology could be dealt with by planning condition (IR 14.5.43); • There would be a slight beneficial affect on ecology (IR 154.5.44); • There were no issues around flooding or drainage (IR 14.5.45, 46 & 47); • No issue in relation to local employment (IR 14.5.48); • There would be no impact on residential amenity (IR 14.5.49); • The proposal would be deliverable (IR 14.5.50); • The scheme would be sustainable taking least BMV compared to other proposals (IR 15.5.51); • Although Wetherby MSA meet the need of Policy T7 for a single MSA national policy would require an infill MSA (IR 14.5.69);

8.6 At 14.8.65 of the Inspector’s Report he recommended to the SoS that Baldersby Gate be granted planning permission.

8.7 The current application for Ripon MSA builds upon the strengths of the previous Baldersby Gate scheme and seeks to minimise any adverse impacts particularity, in respect of the impact on the countryside.

Collins & Coward 32 9.0 CONCLUSION

9.1 The application proposal for a new MSA at Ripon is in accordance with the Development Plan Policies, where relevant. The scheme is compliant with the relevant policies in the Framework, the PPG, and the emerging Local Plan.

9.2 There will be no significant visual impact given the appropriate siting of buildings and the considered landscape proposals. There are other material benefits that would flow form the development the most important of which is the creation of temporary and permanent jobs.

9.3 The application is for a high-quality sustainable development that will deliver safety and welfare to motorists on the A1(M) motorway. The site will create investment in the local economy and support for local businesses. This is a unique opportunity to make an attractive contribution to Harrogate and the City of Ripon.

9.4 The proposed development will enhance the local setting by respecting and enhancing the landscape setting. The scale, density and extent of development is appropriate in relation to the existing form of the surrounding land and landscape character.

9.5 The Scheme will deliver the following planning benefits:

• Fulfilling national, regional, and local planning policy objectives; • Achieving sustainability objectives; • Meeting the safety and welfare need of motorists; • Creating around 200 permanent jobs and supporting local supply chain businesses; • Creating a high-quality development to the highest design standards; • Creates a development without significant adverse environmental impact.

9.6 It is considered that the application proposals will deliver a sustainable high-quality scheme that will be of benefit to the those using the motorway network and wider community of Harrogate and the City of Ripon.

Collins & Coward 33