Harrogate Borough Council Planning Committee – Agenda Item 6: List of Plans

HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 27 March 2012

PLAN: 05 CASE NUMBER: 12/00380/FUL GRID REF: EAST 435875 NORTH 448322 APPLICATION NO. 6.149.93.D.FUL DATE MADE VALID: 28.01.2012 TARGET DATE: 24.03.2012 CASE OFFICER: Mr A Hough WARD: Spofforth With Lower Wharfedale

VIEW PLANS AT: http://tinyurl.com/7amoa72

APPLICANT: Home Group Developments

AGENT: Acanthus WSM Architects

PROPOSAL: Erection of 7 affordable residential dwellings and formation of new vehicular access (Site Area 0.4ha)

LOCATION: Land West Of Sicklinghall County Primary School Main Street Sicklinghall Wetherby North Yorkshire LS22 4BD

REPORT

SITE AND PROPOSAL

The application site is located on land to the west of Sicklinghall Community primary School on the south side of Main Street. The site is located outside the main built up confines of the village to the western extremity of the settlement.

The site is set to grass and is currently used for grazing land and extends to some 0.4 hectares in area. The northern boundary is set back from the adopted road behind a small pond known as ‘High Flush’. The pond forms a gateway feature at the entrance to the village. To the south side of High Flush and along the remaining boundaries are numerous mature trees within hedgerow. The site is served via an existing field access gate onto the main road. To the immediate east of the site is the primary school with a Public Right of Way located just beyond the western boundary. Open agricultural land is located to the north on the opposite side of the road and to both the south and western boundaries.

The applicants seek consent for the construction of 7 affordable homes consisting of two 2 bed apartments, three 2 bedroom dwellings and two 3 bedroom dwellings. The dwellings are arranged as a pair of semi-detached properties and a small terrace of three units. The apartments are located to the eastern boundary. The dwellings have been designed of two storey scale and are indicated to be constructed of artificial stone and render under an artificial slate roof.

Access to the site would be gained via a new access drive located to the west of High Flush. The access would serve 14 parking spaces within the development and a small pumping station to the western side of the access. The pumping station is required as a consequence of the shallow levels of the existing sewers to accept flows.

An area of open space is proposed to towards the western boundary of the site.

MAIN ISSUES (1) Land Use (2) Green Belt (3) Housing Need (4) Visual Impact (5) Residential Amenity (6) Highway Safety (7) Ecology (8) Other Matters

RELEVANT SITE HISTORY No relevant planning history relating to the application site , although the site has been assessed as a preferred option site for affordable housing provision.

CONSULTATIONS/NOTIFICATIONS Conservation and Design Section See assessment

Parish Council SICKLINGHALL

Landscape Officer See Assessment

Rural Strategy Officer No objection subject to the imposition of a condition

Yorkshire Water No comments received at the time of writing this report

H.B.C Land Drainage No objection

NYCC Highways And Transportation Comments are awaited

EHO Contaminated Land Comments are awaited

DCS - Open Space No requirement for off site open space or village hall contributions as a scheme for 100% affordable housing (rural exception site).

Housing Department Strongly support the proposal

Local Plans Policy See assessment

RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Development PPG2 Planning Policy Guidance 2, Green Belts PPS03 Planning Policy Statement 3, Housing PPS5 Planning Policy Statement 5, Planning for the Historic Environment PPS07 Planning Policy Statement 7, Sustainable Development in Rural Areas PPS09 Planning Policy Statement 9, Biodiversity & Geological Conservation PPG13 Planning Policy Guidance 13, Transport PPG17 Planning Policy Guidance 17, Planning for open space, sport and recreation PPS23 Planning Policy Statement 23, Planning and Pollution Control RSYH7 The Yorkshire and Humber Plan Policy RSSYH7, Location of Development RSEV08 The Yorkshire and Humber Plan Policy RSSENV08, Biodiversity RSEV10 The Yorkshire and Humber Plan Policy RSSENV10, Landscape RSH4 The Yorkshire and Humber Plan Policy RSSH4, The Provision of Affordable Housing RSYH2 The Yorkshire and Humber Plan Policy RSSYH2, Climate Change and Resource Use RSYH9 The Yorkshire and Humber Plan Policy RSSYH9, Green Belts LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPHD13 Harrogate District Local Plan (2001, as altered 2004) Policy HD13, Trees and Woodlands CSSG1 Core Strategy Policy SG1 Settlement Growth: Housing Distribution CSSG2 Core Strategy Policy SG2 Settlement Growth: Hierarchy and limits CSSG3 Core Strategy Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt CSSG4 Core Strategy Policy SG4 Settlement Growth: Design and Impact CSHLP3 Core Strategy Policy HLP3: Affordable housing provision - rural exception sites CSC1 Core Strategy Policy C1: Inclusive communities CSEQ1 Core Strategy Policy EQ1: Reducing risks to the environment CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt SPGRES Supplementary Planning Guidance, Residential Design Guide SPDHSE Supplementary Planning Document: House Extensions and Garages Design Guide

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 09.03.2012 PRESS NOTICE EXPIRY:

REPRESENTATIONS SICKLINGHALL PARISH COUNCIL objects to the development on the following grounds:

The overall development is not in keeping with the vernacular of the village, particularly in view of the fact that the site is ,located at the western gateway to the village. On particular the parish council wishes to make the following comments:- 1. The facing materials of reconstituted stone and the remainder in render (as opposed to complete facing in natural stone) does not conform to the materials used in the construction of the majority of buildings in Sicklinghall. Particular note should be made that in he case of some of the more recently built houses and extensions which have had to be built in stone as a planning condition. In addition in relation to the subject dwellings there appears to be a greater degree of render than reconstituted stone.

2. The parking has been incorporated at the front of the site and in front of the dwellings. This would appear to be a solution to setting back the buildings from the road and the pond. This is a matter of concern in view of the fact that this is a gateway site into the village. The preferred option would be to locate the parking to the rear of the dwellings.

3. The style and materials to be used for the window frames do not conform to those in other village houses.

4. The metal fencing surrounding the pumping station on the western elevation whilst required for health and safety reasons could be ‘softened’ with the choice of another material such as timber.

5. There are concerns about the egress/access to the site with visibility issues and proximity to the hill dropping down into the village. This is of particular concern as the site is next to the school where the majority of traffic congestion in the village arises.

OTHER REPRESENTATIONS 1 petition (55 names) and 8 letters of representation received on the following grounds:

The Petition raises the following objections

1. We support the need for affordable housing in and around rural settlements; but do not accept that adequate testing of need against existing housing stock has taken place. 2. We do not support the proposed location for the dwelling houses in the Green belt 3. We do not support the architectural form or the choice of materials of the proposed development.

A copy of the full content of the petition is attached to this report at Appendix 1

The 8 letters of representation on the following grounds:

1. The materials to be used in the construction of the development is totally out of keeping with the rest of the dwellings within the village. 2. The site is totally out of the village in Green Belt and alien to the rules of planning. No private application for houses would be considered on this land. New buildings inside a Green Belt is presumed to be inappropriate development. The exception is limited affordable homes for local people. The guideline given is ‘very limited development within existing settlements (Annex A of PPG2) . here the proposed development is 7 houses. Given the size of Sicklinghall this cannot be described as ‘very limited development’ 3. The scheme would blight an important approach into the village. It will dominate the approach and will have an adverse effect on landscape. It is the worst possible location for such a development. Surely any such development should be discreetly located so as to preserve the integrity of the village. 4. The proposal does not accord with PPS7 in terms of sustainability, there is lack of services, no bus service, no play facilities (the school playground is inaccessible) and no village shop (apart from a gift shop at the local pub). 5. Lack of service capacity for the development 6. Access is poor and potentially dangerous. Opposite the access is a well used track used by farmers walkers , High Flush pond and adjacent is another track used by farm vehicles and walkers. Being adjacent to the primary school , the stretch of Main Street is heavily used for parking and dropping off children at the school and by walkers and horseriders. This causes extreme congestion and results in dangerous incidents particularly at the brow in the hill. The seven houses will add a further potentially 14 vehicle movements using Main Street. 7. The scale and style of the proposed development is not sustainable and is inappropriate. It does not integrate with the village. Modern style dwellings will jar in the landscape and be seen out of place by walkers using the adjacent footpath. 8. A smaller scheme using more appropriate materials would be more appropriate. 9. Cannot believe it is possible in law to give precedence of tenancy to the extended families of present Sicklinghall residents. Such tenancy if approved will over time be abused. 10. There should be no adverse impact upon High Flush , a historic feature at this end of the village. 11. Two of the letters do not object to the principle but make comment on the schematics of the proposal.

VOLUNTARY NEIGHBOUR NOTIFICATION The applicants indicate that a public drop in consultation event was held on 5th October 2010, with a high majority of support for the scheme.

ASSESSMENT OF MAIN ISSUES (1) LAND USE - Harrogate District Local Development Framework, Core Strategy Policy SG1 identifies how new housing will be distributed across the district, with the greatest provision, directed towards the districts larger settlements such as Harrogate, Knaresborough and Ripon. The majority of new housing built in villages and the countryside will be accommodated in those villages with the best access to jobs, shops and services. In meeting this requirement, priority will be given to the re-use and redevelopment of previously developed land and buildings.

Core Strategy Policy SG2 identifies the hierarchy and limits to those settlements where growth would be acceptable. Development and infill limits have been drawn around the larger settlements and villages to allow sustainable growth. Sicklinghall is identified as a Group C settlement. Under the provisions of Policy SG2, group C settlements will only accommodate only very limited growth mainly in the form of suitable development within their existing built areas. Apart from very small scale ‘rounding off’ the only expansion of these settlements will be for small scale 100% affordable housing schemes (rural exception sites).

The application site is located outside the defined ‘development limit’ for the village as identified within Harrogate District Local Plan Proposals map Inset No.40 but as a scheme for 100% affordable housing can be considered as a rural exception site.

Harrogate District Local Development Framework Core Strategy Policy HLP3 identifies that small rural exception sites for 100% affordable housing where all of the following criteria are met: The site is within or on the edge of a group C settlement; a need has been identified in the Parish , or in one or more neighbouring parishes for the type and scale of development proposed and shows that the scheme will meet the need that has been identified; the proposed development is sympathetic to the form, character and landscape setting of the village and is in accordance with normal planning requirements in respect design, scale access, parking landscaping and highway safety and that the site is not protected for recreation, amenity nature conservation, landscape or heritage value.

(2) GREEN BELT - Sicklinghall is located in the green belt. Planning Policy Guidance 2: green belt (PPG2) allows the green belt to wash over villages where ‘infilling only’ is proposed and suggests that infill boundaries be marked on the Proposals Map. The Core Strategy (Policy SG2) has adopted this approach for villages in the green belt within the district and specifically cross refers to the provisions of PPG2 in doing so. The site falls outside the development limit for the village.

In areas subject to policies of restraint, such as green belt and where sites would not otherwise be released for housing, small rural exception sites may be allocated within and adjoining existing villages, but only in order to provide affordable housing to meet local needs in perpetuity.

The application site is identified as a preferred option for 100% rural exception housing in the Sites and Policies DPD. The DPD has not yet formally been adopted , although consultation on Preferred Site Options has been undertaken.

(3) HOUSING NEED - The proposals are for 7 affordable homes to be developed by Home Housing, providing a mix of two and three bedroomed properties. The application is made under the Council’s rural exceptions policy (Policy HLP3) and includes affordable housing for rent and sale. Home Housing is a Registered Provider (formerly housing association) based in Wetherby. Local connection criteria apply to all properties which will remain affordable in perpetuity (a Statutory Instrument exempts rented homes on exception sites from the Right to Buy and limits ownership of shared ownership properties to 80%). Both the affordability and local occupancy restrictions will be contained within a s106 legal agreement and registered as a local land charge.

Local connection is defined as one of the following:

Two years residency 5 years family residency 10 years past residency Permanent employment

The proposed site is a Preferred Option site. If it is adopted as a housing allocation through the LDF process, it will help to meet the affordable housing shortfall within the Lower Wharfedale sub area as a whole, i.e. any household in housing need and with a local connection to Lower Wharfedale will be eligible to occupy these homes. Until or unless the site is adopted however, it is a windfall exception site. If the application is approved, this means that the homes will meet the housing needs of Sicklinghall in the first instance and only when that need is extinguished, will consideration be given to households from the wider sub-area.

In 2010, the Parish Council carried out its own affordable housing survey in the parish. This identified a need arising from 6 households living within the parish and 4 households working there. This data supplements the evidence of the Strategic Housing Market Assessment (SHMA) 2011 which identifies a shortfall of 25 affordable homes in the Lower Wharfedale sub-area for the period 2011 – 2016.

Policy HLP3 of the Core Strategy applies to both allocated and windfall exception sites and requires, amongst other things that there is evidence of need and arrangements in place to ensure that homes will be affordable in perpetuity to local people in housing need.

The proposed development meets those requirements and has the strong support of the Housing Division.

(4) VISUAL IMPACT - The saved HDLP Policy HD20 sets out the design principles that should be taken into account in new development. Core Strategy Policy SG4 seeks to ensure that the all development proposals should inter alia be of a scale density , layout and design which makes the most efficient use of land; and be well integrated with and complementary to , neighbouring buildings and the spatial quality of the local area ; be appropriate to the form and character of the settlement and the visual , residential and general amenity should be protected and where possible enhanced.

The proposed development will extend the built form of the village in a westerly direction along Main Street and beyond Sicklinghall Community Primary School. The location of the site at the entrance/exit of the village ensures that the site, as recognised by local residents can be considered to represent an important gateway into the village. The scheme proposes the construction of 7 affordable homes that would be set back from the road frontage by some 35metres. The set back is created by the presence of ‘High Flush’ the creation of a landscape area, parking area and access road itself. By setting the development back beyond High Flush and the reinforcement of the existing mature tree planting through the creation of the extended landscape buffer zone helps mitigate against the potential visual impact of the development and will help soften the visual impact of the development within this sensitive location.

The scale of the development proposed is of three two storey blocks of development consisting of small semi-detached /terraced form constructed of artificial stone /render with projecting gables and porch provision.

The comments of local residents and Parish Council have been noted in respect of the use of materials. It is noted that the village is characterised by the predominance of stone built properties’ under both clay and slate roofs, although it is noted that the site itself is located adjacent to the school, which is itself constructed of brick and white painted render. Other rendered properties include the public house. The presence of High Flush and school laying field does to some extent separate the proposed site from the main body of the village and does present an opportunity to introduce alternative materials. The use of artificial stone would not be considered ideal (although again there are examples within the village, where the use of artificial stone has been incorporated into development). The use of such material is regretted, but if members were minded to approve the application strict control would be required in respect of the finished product. A condition securing approval of the final finished materials in both the roof and walls of the development would be considered essential.

It is noted that the village itself is characterised by its eclectic mix of properties and whilst comment has been made regarding the style of dwellings proposed on the plot there are again numerous examples within the village of projecting gables and the use of porches. The form of development i.e two storey development, is considered the most appropriate in this location.

The proposed development will clearly alter the approach into the settlement, but through the incorporation of the mitigating landscape scheme and by setting the development back from the road frontage, the scheme would not unduly dominate the site nor the visual approach into the settlement.

Concern has been expressed regarding the use of the unusual rendered panels on the gable elevation of the units and amended plans have been requested in this respect so as to provide more conventional detailing.

The saved Harrogate District Local Plan Policy HD13 seeks to retain trees which contribute towards the character or setting of a settlement. The applicants have retained the mature trees surrounding this site and in addition have included an extended planting scheme to create a buffer between the residential units and ‘High Flush’.

(5) RESIDENTIAL AMENITY - There are no neighbouring properties in the vicinity of the application site to be affected by the development in terms of overlooking/ overshadowing impact. The scheme itself will provide for an acceptable level of residential amenity for the future occupants of the units.

(6) HIGHWAY SAFETY - Harrogate District Local Development Framework Core Strategy Policy SG4 seeks to ensure that the travel impact of new development will not add significantly to any pre-existing problems of access, road safety or traffic flow having been assessed in accordance with the transport policies of the Core Strategy.

Sicklinghall is identified as Group ‘C’ settlement under Policy SG2 that would support limited growth including that of small scale affordable housing schemes. In terms of sustainability, although the site is not located on a key bus route the development is accessible to key services (principally the primary school).

The development will be served through the construction of a new access drive to the west of High Flush with ingress/egress onto Main Street. The scheme provides 14 parking spaces to serve the development.

The comments of locals have been noted in respect of congestion in the vicinity of the site. The Main Street to the front of High Flush does get heavily parked during the school peak period (morning drop off and evening pick up). It was noted that vehicles were obstructing the existing field access gate to the site during the time of the case officers’ visit. The construction of the new access drive will result in a more intense activity and also result in the decrease of available space to park on the road in the vicinity of the school. Parking of vehicles in this vicinity reduces the road width to that of single width close to the brow of a small hill.

The highway authority have been consulted and comments are awaited on this aspect of the proposal.

(7) ECOLOGY - The applicant has submitted an ecological assessment in support of the proposal, which assess the existing habitats at the site; whether there are any features of conservation value, such as legally protected species or habitats of biodiversity importance and to advise of the need for any mitigation measures or further survey work required at the site.

The survey did not however identify the presence of protected species and noted that the hedgerow and trees forming the boundaries of the site are to be retained. High Flush itself supporting common frog, common newt and common toad (Common Toad is listed on the UK Biodiversity Action Plan (UKBAP). Great Crested Newts were however recorded in the pond in the centre of the village The Councils’ Rural strategy Officer has been consulted and notes that the Great Crested Newt (GCN) survey undertaken by Martin Hammond in 2010, in accordance with English Nature’s GCN Mitigation Guidelines, detected no signs of GCN in High Flush Pond, although GCN were detected in Low Flush Pond at the other end of the village. The survey did, however, find a significant breeding population of common toad, a UK Bioidversity Action Plan priority species, which means that the High Flush Pond is itself a UK BAP priority habitat. The presence of this BAP priority habitat and species constitutes a material planning consideration. (PPS9 paras. 10 and 16).

In general, the recommendations of the TEP Ecological Assessment incorporate those of Hammond’s earlier more detailed survey and assessment of the pond. The recommendations of the TEP assessment should be implemented as a planning condition.

On this basis it is considered that the development will not adversely impact upon ecology subject to the imposition of a condition to ensure mitigation measures. This would include the provision of a protected and piped underpass for amphibians at the new road crossing.

(8) OTHER MATTERS - The applicant has submitted a Pre- Assessment report under the Code for Sustainable Homes, which indicates that the dwellings should all be capable of achieving a rating of Code Levle4 as required under Core Strategy Policy C1.

Rural Exception sites for 100% affordable homes are exempt from the requirement of off- site open space and village hall contributions.

The development of the site would not adversely impact upon the adjacent public Right of Way to the west of the site, although it is recognised that the character of the site will change , this would not adversely affect the recreational value of the footpath. In this respect the scheme would not conflict with the saved Harrogate District Local Plan Policy R11.

CONCLUSION The proposed development represents a small scale Rural Exception site for the provision of 100% affordable housing on a site located adjacent to the village of Sicklinghall on a site that falls within land designated as Green Belt.

The broad land use principle of a rural exception site for affordable housing provision is in accordance with Harrogate District Local Development Framework Core Strategy Policy HLP3.

The Parish Council has identified a need for affordable housing in the parish and this need is supplements the evidence of the Strategic Housing Market Assessment 2011 , which identifies a shortfall of 25 affordable homes in the Lower Wharfedale sub area in the period 2011-2016.

The proposed development will help contribute towards meeting this shortfall.

The development is located at a prominent location at the entrance to the village, however the scheme has been designed so as to create a landscape buffer between the site and the road frontage set back behind the ‘High Flush’ pond. The small scale nature and set back ensures that the development provides sufficient mitigation to ensure that the development would not unduly have an adverse impact upon the setting or character of the village.

The site is not protected for recreation, amenity, nature conservation, landscape or heritage value by any other policies of the development plan and as such is considered complaint with Harrogate District Local Development Framework Core Strategy Policies SG4 and HLP3.

CASE OFFICER: Mr A Hough

RECOMMENDATION

That the application be APPROVED subject to the following conditions:-

1 The development hereby permitted shall be begun on or before .

2 The development hereby approved shall be carried out in accordance with the following approved plans as amended by other conditions of the consent :

Site Plan Drawing No1700.54.22F Site Sections Drawing No 1700-54-40B Plans and Elevations 1700-54-30C, 1700-54-31C and 1700-54-32C

3 Notwithstanding the submitted information, samples of the materials it is intended shall be used externally in the construction of the roof and walls of the development hereby approved, shall be submitted for the written approval of the Local Planning Authority and the external walling shall not be started before any such approval. Thereafter the approved materials shall be implemented.

4 No development shall take place until the applicant has provided for the approval in writing of the Local Planning Authority a Design Stage Code for Sustainable Homes Certificate for each dwelling type comprised in the development to be carried out by a BREEAM or STROMA licensed accredited Code assessor that achieves Code level 4 or higher. The Code Level to be achieved will be a minimum of:

* Code Level 4 for dwellings to be completed between 2011 and 2015, and * Code Level 6 for dwellings to be completed after 2015

Development shall be carried out in accordance with the approved details.

5 A Post Construction Stage Certificate for each dwelling/dwelling type assessed shall be provided to the Local Planning Authority in writing, confirming that the required Code level has been met, prior to the first occupation of the first dwelling comprised in the development to which the certificate relates

6 The development hereby permitted shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the Local Planning Authority. The affordable housing shall be provided in accordance with the approved scheme. The scheme shall include

i. The timing of the construction of the affordable housing, ii. The arrangements to ensure that such provision is affordable for both initial and subsequent occupiers of the affordable housing, and iii. The occupancy criteria to be used for determining the identity of the prospective and successive occupiers of the affordable housing and the means by which such occupancy shall be enforced.

7 The development hereby permitted shall be undertaken in accordance with the recommendations of section 6 of the Ecological Assessment (TEP, 2010). In addition, prior to the commencement of works, a scheme shall be submitted for the written approval of the planning authority, to protect toads and other amphibians crossing the new access road into the development, through the incorporation of vertical barriers/walls and a piped underpass for amphibians and for its on-going occasional maintenance.

8 A detailed scheme for landscaping, including the planting of trees and or shrubs and the use of surface materials shall be submitted to the Local Planning Authority and no development shall take place until the Local Planning Authority have approved a landscaping scheme; such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and the timing of implementation of the scheme, including any earthworks required.

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

Reasons for Conditions:-

1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990. 2 To secure the satisfactory implementation of the proposal. 3 In order to ensure that the materials used conform to the amenity requirements of the locality. 4 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 5 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 6 To ensure the provision of affordable housing in perpetuity in compliance with Harrogate District Local Development Framework Core Strategy Policy HLP3 7 To ensure that the ecological interest of the site is retained 8 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity. 9 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.