Case No. 18/01726/OUT Item No.05

Location: Land Comprising OS Field 5419 Road 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 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 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 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 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. We ask that this fourth site be totalled with those for the purpose of assessing commuted sums and also for calculating the provision of ‘affordable’ housing. To this end it is felt that this site should be used exclusively for ‘affordable’ properties to let or buy under a shared ownership scheme or similar, as there is a clear need for this type of housing within the community.

8.0 OTHER REPRESENTATIONS

8.1 Seven letters of representation has been received objecting to the application. These letters have raised the following objections:

x Detrimental impact on landscape character on AONB x Destruction of open countryside x Loss of views across the Vale of Mowbray x Contrary to local plan and the village design statement x No different from the previous application that was refused x Highway safety issues x Cumulative impact of development x Loss of ‘bothy’ of historical significance

18/01726/OUT 8 x Lack of affordable housing x Wildlife impacts x Other more suitable sites are available within the area

9.0 ASSESSMENT

9.1 The principal issues for consideration under this application are as follows:

I. The suitability of the site for housing development having regard to matters of planning policy and housing land supply; II. The effect of development on the Nidderdale AONB III. The effect of development on highway safety; IV. The effect of development on trees

9.2 Sustainability

9.3 Sustainability is the golden thread running through the National Planning Policy Framework (NPPF), and proposals for sustainable development should be approved without delay. There are three strands to sustainability, social and economic and environmental.

9.4 Para. 8 of the NPPF advises that to achieve sustainable development economic, social and environmental gains should be sought jointly and simultaneously.

9.5 SOCIAL SUSTAINABILITY

9.6 Housing Land Supply

9.7 The Council’s Housing and Economic Development Needs Assessment (HEDNA) provides information on objectively assessed housing need. An updated housing supply position at April 2018 concluded that there is a 4.5 years supply of housing land, including a 20% buffer, which equates to an annual requirement of 669 dwellings.

9.8 There was already an acceptance that to deliver 669 dwellings per annum, greenfield land outside of existing development limits would be needed. And these development limits are out-of-date as they were based upon a required need of just 390 dwellings per annum. As such the development

18/01726/OUT 9 limits can be given only limited weight, as can Core Strategy Policies SG1,SG2 and SG3.

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

9.10 As the Council cannot demonstrate a deliverable five-year supply of housing land the relevant policies for the supply of housing cannot be considered up- to-date according to Paragraph 49 of the NPPF. As the development plan is out-of-date Paragraph 14 of the NPPF is fully engaged. This states that planning permission should be granted unless:

a) Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits of the development, when assessed against policies in the NPPF taken as a whole; or b) Specific policies in the NPPF indicate that development should be restricted.

9.11 Paragraph 55 of the NPPF states “to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby.” In this instance, the site is close to Kirkby Malzeard in the Nidderdale Area of Outstanding Natural Beauty. The site is outside of the historic development limits of the village and is adjacent to open pasture land. It is, however, noted that construction work on new build dwellings is underway in the field to the north and there is an existing dwelling on the western side of Galphay Lane.

9.12 The application is for two dwellings on a greenfield site. These would make a contribution, albeit modest, to the Council’s housing land supply. However the benefits of the development has to be weighed against its potential adverse impact.

9.13 Kirkby Malzeard does benefit from a reasonable amount of services for the size of the village, including a shop, the Mechanics Institute community hall,

18/01726/OUT 10 a primary school, butchers shop, a bus route (the 138 to Masham, two journeys per day, not evenings or Sundays), Parish Church, car repairs garage and filling station. Nevertheless the site is outside the built confines of the settlement and should be seen in that context and as an expansion of Kirby Malzeard into the surrounding countryside.

9.14 ENVIRONMENTAL SUSTAINABILITY

9.15 Character and Appearance

9.16 Policies HD20 of the Local Plan and SG4 of the Core Strategy both require development to be of a good design that is reflective of its locality. Criterion A of Policy HD20 states “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.” Part 1 of SG4 states “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.

9.17 The application is in outline with access considered and so no details of the size, design or appearance of the dwellings has been submitted. The site is on the edge of the village and such peripheral sites are important in helping establish the distinction between the village and the open countryside beyond. This development would expand the village in a southerly direction along Galphay Road. It should be noted that a total of 7 houses have been granted planning permission around Parkfield in the last twelve months or so.

9.18 The application site is very large for two dwellings and would project eastwards beyond the rear boundary of the adjacent site to the north by around 28m. This would represent a significant intrusion of domestic land into the countryside.

9.19 Kirkby Malzeard Village Design Statement adopts the Council’s development limits for the village and seeks to restrict new residential development to

18/01726/OUT 11 within the established development limits. As is noted above the development limits can only be given limited weight, but nevertheless indicate the desire of the village to restrict development to within the existing confines.

9.20 The applicant has submitted a Landscape and Visual Impact Assessment to support the proposed development. Whilst this assessment does make the point that the development would not be widely seen, there are high sensitivity PRoWs that would suffer adverse effects and the development of the site would increase the prominence of the settlement edge. The cumulative effect of this proposal alongside the consented proposals on adjacent fields would gradual erode the character of the settlement edge and its setting in this location.

9.21 In terms of the spatial quality of the area it would be diminished as it would extend the urban edge of Kirkby Malzeard southwards into open countryside and it is not considered by officers to represent rounding off as it extends the village edge and there is no obvious physical barrier to further development.

9.22 The proposal includes the realignment of the boundary wall to the site with Galphay Road. A stretch of wall further to the north has already been removed as part of the development on the adjacent plot. The wall is historic and runs around the former Mowbray Estate. Once removed the heritage value of the wall will be lost. It is proposed to realign the wall and so a stone boundary will remain but it will not be the original and it will not be in the same position.

9.22 Amenity - impact on existing and proposed residents

9.23 The site is large enough to accommodate two dwellings without causing any significant harm to existing nearby residents or future residents of the plot to the north that is currently under construction.

9.24 Area of Outstanding Natural Beauty

9.25 The statutory purpose of including land within an AONB is to conserve and enhance its natural beauty. Paragraph 115 of the National Planning Policy

18/01726/OUT 12 Framework states that in AONBs great weight should be given to conserving the landscape and natural beauty. Policy C1 of the Local Plan indicates that within the AONB, development which would have a significant adverse impact on the landscape will not be permitted.

9.26 The adopted Landscape Character Assessment divides the district into 106 different character areas. The site lies in Area 35 ‘Kirkby Malzeard and ’ it describes the area as “a beautiful, interesting and well-tended landscape”. Under ‘sensitivities and pressures’ the guidance states “The settings of the villages [Kirkby Malzeard and Grewelthorpe] are sensitive to change, which may result from development such as extensions to domestic curtilage and new building.” It is considered that the proposed development would not reflect the landscape setting of Kirkby Malzeard and the extension of the urban edge southwards is not considered acceptable in planning terms.

9.27 The views looking east from Galphay Road is over open countryside. The erection of dwellings on the plot shown would obscure the view over the Vale of Mowbray. The proposed development would not conserve the natural beauty of the landscape or the amenity of the countryside. It is considered that the adverse impact of the development would be both significant and demonstrable in relation to the Nidderdale Area of Outstanding Natural Beauty.

9.28 Highways

9.29 The proposal would utilise the existing access point into the field, however, this would require the realignment of the boundary wall to the north and south in order to provide the necessary sight lines in both directions along Galphay Road. This is accepted by the highway authority who recommend a condition on the previous scheme to ensure the sight lines are provided.

9.30 The removal of the historic boundary wall would be detrimental to the character of the area as mentioned earlier in this report. However, given it no longer ties in with the original wall further to the north, its heritage value has diminished somewhat.

9.31 Trees

18/01726/OUT 13 9.32 Policy HD13 of the Local Plan states “proposals which would involve the loss of trees or woodland which contribute to the character of setting of a settlement will not be permitted.” The trees on the eastern part of the site are protected by TPO No 22/2006. The site can be developed without harming the trees and there is no need to build within the root protection area of the trees. The proposal would not, therefore impact significantly of the public amenity of the trees.

9.33 ECONOMIC SUSTAINABILITY

9.34 It is acknowledged that the development of new housing has economic benefits, through the employment created on site during the construction phase of development and work created for the construction supply chain. Thereafter, occupiers of the completed dwellings would be employed in the region and make use of local shops, services and facilities, creating some benefit for local businesses.

10.0 OTHER MATTERS

10.1 Affordable housing, public open and village hall contributions are payable on development of 6 or more houses or houses with a combined footprint of over 1,000m². The guidance seeks to prevent the artificial subdivision of site in order to get around providing affordable housing and POS and Village Hall contributions. In this instance the comments of the Parish Council have been noted and it is the case that in the recent past a total of 7 houses have received planning permission on land surrounding Parkfield, however, this does not represent the artificial subdivision of the site since five of the houses granted permission are on the western side of Galphay Road and not part of this site.

10.2 The site to the north, where two dwellings are currently under construction and it is reasonably to conclude that this application plot is part of a larger development site. Therefore, if members are minded to approve the development it is recommended that a condition be added to require a contribution to affordable housing, public open space and village hall if the combined floor area of the two houses proposed and the two approved to the

18/01726/OUT 14 north is above 1,000m². This is in accordance with Policy C1 of the Core Strategy and its guidance and the current affordable housing policy.

11.0 PLANNING BALANCE & CONCLUSION

11.1 The site is within the AONB, there are policies which indicate that development should be restricted in accordance with Paragraph 14 of the NPPF (Footnote 9). Paragraph 115 of the NPPF and saved Policy C1 of the Local plan, in particular seek to control development in the AONB.

11.2 The site is outside of the village boundary of Kirkby Malzeard and would constitute an expansion of the settlement into the surrounding countryside. The addition of two dwellings to the Council’s housing land supply will contribute to the 5 year housing land supply.

11.3 In the overall planning balance it is considered that the benefits arising from the provision of two dwellings would be limited and would be significantly and demonstrably outweighed by the substantial harm to the landscape character and natural beauty of the countryside. The overriding consideration is that the proposal would not meet the environmental role of sustainable development in respect of protecting or enhancing the natural and built environment.

12.0 RECOMMENDATION

12.1 That the application be REFUSED

The proposed development would be detrimental to the landscape character and natural beauty of the Nidderdale Area of Outstanding 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.

18/01726/OUT 15 In the event of any changes being needed to the wording of the Committee's decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Chief Planner has delegated authority to do so in consultation with the Chairman of the Planning Committee, provided that the changes do not exceed the substantive nature of the Committee's decision.

CaseOfficer: Emma Howson Expiry Date: 5 July 2018

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