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Land Comprising OS Field 5419 Galphay Road Kirkby Malzeard Proposal: Outline Application for the Erection of 2 No

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Land Comprising OS Field 5419 Galphay Road Kirkby Malzeard Proposal: Outline Application for the Erection of 2 No Case No. 18/01726/OUT Item No.05 Location: Land Comprising OS Field 5419 Galphay Road Kirkby Malzeard Proposal: Outline application for the erection of 2 no. dwellings with access considered Applicant: Mr & Mrs M Atkinson Access to the case file on Public Access can be found here:- view file Reason for report: This application is to be presented to the Planning Committee because the applicant is Councillor Atkinson SUMMARY The application site comprises an agricultural field outside of the village confines of Kirkby Malzeard. The proposal represents the expansion of Kirkby Malzeard into the open countryside in a way which would be detrimental to the protected landscape of the Nidderdale Area of Outstanding Natural Beauty. The modest contribution that two dwellings would make to the Council’s housing target would not outweigh the significant and demonstrable adverse impact the development would have on the landscape character and natural beauty of the countryside. RECOMMENDATION: Refuse 18/01726/OUT 1 18/01726/OUT 2 18/01726/OUT 3 1.0 SITE DESCRIPTION 1.1 The application site comprises a field on the eastern side of Galphay Road opposite the dwelling called ‘Parkfield’. The site has historically been used for the grazing of livestock. 1.2 The western boundary of the site is with Galphay Road and comprises a stone wall approximately 1.0 m high. To the north, work has commenced on the construction of two dwellings that were granted planning permission in 2017. The eastern end of the site includes a small woodland which is protect by Tree Preservation Order No 22/2006, which enclose a small single storey building. An existing access from Galphay Road into the site exists and the proposal would reuse this access point to serve the two dwellings proposed. 1.3 The south boundary is a post and wire fence that separates the application site from an agricultural field. The land is generally level but does slope away in the north east corner. The landscape to the east is relatively open with distant views over the Vale of Mowbray. 1.4 Planning permission has recently been granted for housing on the western side of Galphay Road. 2.0 PROPOSAL 2.1 The proposal is in outline for the erection of two dwellings with access considered. The site is 0.3 hectares (0.86 acres). This proposal has already been considered under planning application 17/05482/OUT by planning committee and the decision was taken to refuse. This application differs from that previous application only in the fact that the application is now supported by a landscape and visual impact assessment. The previous application is presently the subject of an appeal, however no decision has been received at the time of writing. 3.0 APPLICANT'S SUPPORTING INFORMATION x Biodiversity check list x Contaminated land assessment x Landscape and Visual Impact Assessment 4.0 RELEVANT HISTORY 4.1 05/01221/OUT - Outline application for removal of existing static caravan and erection of 1 dwelling. (Site area 0.07ha) 23.11.2009 WITHDRAWN 18/01726/OUT 4 4.2 06/00998/FUL- Erection of 1 detached dwelling and installation of new package treatment plant (site area 0.085ha). REFUSED 26.04.2006. Reasons for refusal: The siting of the proposed dwelling is outside the development limit for Kirkby Malzeard in the open countryside. There is inadequate special justification for a dwelling in the particular location and consequently the development would be contrary to North Yorkshire structure plan Policy H5 Harrogate District Local Plan Policy H7 and Kirkby Malzeard village design statement policies SPC2 and SPC3. The proposed siting and design including the vehicular access and extent of parking does not reflect the character of traditional buildings in the locality; is not adjacent to an existing group of buildings or significant trees; is not in an inconspicuous location; is not accompanied by an integral landscaping scheme; and would seriously and adversely harm the character of the area and the natural beauty of the Nidderdale AONB and consequently the development would be contrary to North Yorkshire County Structure Plan policy E1 and Harrogate District Local Plan Policies C1,C2, C11, C15, HD20, A1, H18 and the Kirkby Malzeard village design statement policy BD1. 4.3 06/02920/REM - Reserved matters application under outline permission 6.24.132.A.OUT for the erection of 1 detached dwelling to replace static caravan and installation of package treatment plant with siting, design, external appearance and landscaping considered (site area 0.072ha). WITHDRAWN 26.06.2006 4.4 06/04197/REM - Reserved matters application under outline permission 6.24.132.A.OUT for the removal of static caravan and erection of I detached dwelling with siting, access, design, external appearance and landscaping considered (revised scheme)(site area 0.06ha). After Judicial Review the High Court quashed the decision of Harrogate Borough Council to grant planning permission. 4.5 08/02107/REM - Reserved matters application under outline permission 614.132.A.OUT for the removal of static caravan and erection of 1 detached dwelling with siting, access, design, external appearance and landscaping considered (revised scheme)(site area 0.06ha). After Judicial Review the High Court quashed the decision of Harrogate Borough Council to grant planning permission. 4.6 15/04098/OUT - Outline application for erection of 2 dwellings with access considered (Site Area 0.09ha). WITHDRAWN 10.05.2016 4.7 17/05482/OUT - Outline application for the erection of 2 no. dwellings with access considered. REFUSED 14.03.2018 Reason for refusal: The proposed development would be detrimental to the landscape character and natural beauty of the Nidderdale Area of Outstanding 18/01726/OUT 5 Natural Beauty by extending the village into the open countryside in a way which does not respect the established landscape pattern and is not, therefore representative of a sustainable form of development. The proposed development is contrary to the NPPF paragraph 115, saved Local Plan Policy C1 and HD20, Core Strategy Policy EQ2 and SG4, the Landscape Character Assessment and Kirkby Malzeard Village Design Statement. An appeal has been lodged but no decision has been received at the time of writing. 5.0 NATIONAL & LOCAL POLICY 5.1 National Planning Policy 5.2 The National Planning Policy Framework March 2012 (NPPF) sets out the Government’s planning policies for England and how these are expected to be applied. Planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework is a material consideration in planning decisions. 5.3 At the heart of the NPPF is a presumption in favour of sustainable development. 5.4 Core Strategy 5.5 Policy SG4 Settlement Growth: Design and Impact 5.6 Policy EQ2 The natural and built environment and green belt 5.7 Harrogate District Local Plan (2001, As Altered 2004) 5.8 Policy HD20 Design of New Development and Redevelopment 5.9 Policy HD13 Trees and Woodlands 5.10 Policy C1 Conservation of Nidderdale AONB 5.11 Policy C2 Landscape Character 5.12 Supplementary Planning Documents 5.13 Landscape Character Assessment of Harrogate District (2004) 18/01726/OUT 6 5.14 Kirkby Malzeard Village Design Statement (2002) 5.15 Other material policy considerations: 5.16 National Planning Policy Guidance 6.0 CONSULTATIONS 6.1 NYCC Highways and Transportation: No response has been received on this application, however the Highways Department raised no objection subject to conditions including sight lines to give clear visibility of 2.4m x 43m measured along both channel lines of Galphay Road on the previous application. 6.2 Yorkshire Water: No comments received however comments on the previous application raised no objection subject to conditions requiring separate systems of drainage for foul and surface water on and off site and No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed. 6.3 Natural England: no objection and don’t make any site specific comments. 6.4 HBC Assistant Arboriculture Manager: No objection but a tree survey is required as part of any future reserved matters application. 6.5 HBC Environmental Protection: no objection subject to conditions relating to land contamination and the provision of electric vehicle charging points. 7.0 VIEWS OF THE PARISH COUNCIL 18/01726/OUT 7 7.1 Kirkby Malzeard, Laverton and Dallowgill Parish Council does not object to, nor support the application but wishes to make comments or seek safeguards: 1. Since the previous application Ref 17/05482/OUT on this site, which we considered in January, there have been Parish Council elections and in addition to the points made in 2 and 3 below we now as a Council wish to express concern about the impact which this proposal may have on the landscape character and natural beauty of the area, particularly given the panoramic vista which is provided towards the East from this stretch of Galphay Road. We wish to echo the reasons for refusal given by the planning department in respect of the previous application and do not consider that the Landscape and Visual Assessment document provided with this application adequately illustrates all the potential effects of developing this agricultural land. 2. Given the narrow width and busy nature of Galphay Road we still have general concerns about the safety of road users and pedestrians in this locality. It should be ensured that all appropriate design features, such as visibility splays, recommended by Highways, be incorporated to minimise the risk of accidents. 3. Permission has been granted recently for three other developments on land in the vicinity of ‘Parkfield’, one of 4 houses, one of two houses and one single plot.
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