Case No. 17/01897/OUTMAJ Item No.01

Location: Land Comprising Field At 439236 449205, Harrogate Road, Stockeld.

Proposal: Outline application for the erection of up to 210 dwellings and associated infrastructure, with access to (but not within) the site considered. (Site Area 13.17Ha)

Applicant: Hallam Land Management And Stockeld Park

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 it proposes a scheme of residential development of 50 units or more.

The application was deferred at the Planning Committee of 05.04.2018 to seek clarification on education matters. At the Planning Committee of 14.08.2018 Members voted to refuse the application contrary to the recommendation of the Chief Planner on the following grounds:

1) health: lack of doctors / dentists provision;

2) education: lack of education provision;

3) highway infrastructure: unable to carry more traffic.

The application stands deferred by the Solicitor to the Council from the Planning Committee of 14.08.2018 for further consideration in accordance with the Council’s scheme of delegation for determining Planning applications. The Committee will receive an exempt report as part of its determination.

SUMMARY

The proposed scheme comprises the development of up to 210 dwellings, of which up to 84 will be defined as affordable, on a sustainable green field site on the edge of an established major settlement in the Leeds District. The development has significant social benefits in providing open market and 40% affordable housing to contribute to meeting an identified shortfall for the Harrogate district. The development will also provide the education requirements generated by the

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development potentially in both the Leeds and Harrogate District.

There are no economic or environmental effects of development that significantly or demonstrably outweigh the social benefits of providing new housing in this location. This includes the effect of development on landscape and the character and appearance of the existing settlement, the effect on heritage assets, biodiversity and protected trees; The amenity of existing residents and users of the public right of way; highway capacity and safety matters; flood risk and drainage issues; and land contamination and pollution considerations. As such, the development is considered to be sustainable when applying the ‘tilted balance’ at paragraph 11 of the National Planning Policy Framework.

The sustainability of the reasons for refusal proposed by Members are set out in Paragraph 9.1 to 9.16 of this report.

RECOMMENDATION: Defer and Approve subject to conditions and a S106 Agreement

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1.0 SITE DESCRIPTION

1.1 The application site comprises approximately 13Ha of arable agricultural land within the ownership of the Stockeld Park estate, adjacent to the boundary of the Harrogate district with Leeds City Council’s administrative area and adjoining the built up area of Wetherby. The development area includes one complete parcel of land, and the partial development of two further parcels. The existing boundaries between the three parcels of land are generally native hedgerow. Landform reaches its highest point in the south-western part of the site with land falling both to the north-east towards the built up area of Wetherby and to a more limited extent to the south-west towards the A661.

1.2 To the south and east of the site, within the Leeds City Council administrative area, a development of 325 dwellings is currently taking place by Bellway Homes. A belt of trees separates the application site from this development to the south, whilst a more open hedged boundary separates the site from this development to the east. A public right of way runs within the neighbouring development site to the eastern boundary of the application site. The approved plans for the Bellway housing show this public right of way to run within a landscaped buffer.

1.3 To the northern boundary of the site is the Harland Way cycle route, part of the National Cycle Network which runs between Spofforth and Thorp Arch via Wetherby along the route of a former railway line. The route enters a treed cutting as it passes the site with further agricultural land beyond to the north.

1.4 There is currently no defined boundary to the western extent of the site with the arable agricultural land gradually falling towards Ingbarrow Farm. The south-western extent of the site abuts the A661 Harrogate Road with a native hedge boundary, occasional hedgerow trees and a wide grassed highway verge.

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1.5 The application site is not covered by any landscape designation nor is it located within the Green Belt. Land to the south of the A661 is contained within the statutory Green Belt but this does not extend to any part of the application site.

2.0 PROPOSAL

2.1 The application, made by Hallam Land Management with Stockeld Park, seeks outline consent for the construction of up to 210 dwellings with access to the site considered. The principal vehicular and pedestrian access will be taken from a new priority junction on the A661 Harrogate Road to the south- western part of the application site. An existing track a little further to the east, currently being used as the construction access to the Bellway Homes site will be retained as an emergency vehicle link. Pedestrian and cycle connection will also be made into the Harland Way in the north-eastern corner of the site, and via the existing public right of way into the adjacent development to the south.

2.2 With the application being in outline, there is no detailed layout for consideration, however, an illustrative masterplan with structural landscaping detail has been prepared. This masterplan proposes the dwellings to be located to the central and eastern parts of the site, on the falling ground towards Wetherby with sustainable drainage surface water attenuation basins on the lowest parts of the site. The parcel of land to the north will contain parkland open space with children’s play facilities, whilst the western parcel of land contains the vehicular approach and landscape mitigation.

2.3 This landscape mitigation comprises woodland structure planting of between 10 and 20 metres in depth to create a second woodland buffer to define the extended urban edge of Wetherby. To the northern part of the western boundary new hedge and hedgerow tree planting will take place to form a defined boundary, with additional planting of individual and groups of trees within the site.

3.0 APPLICANT'S SUPPORTING INFORMATION

3.1 The application is accompanied by the following supporting documents:

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- Planning Policy Statement - Design and Access Statement - Statement of Community Involvement - Preliminary Geo-Environmental Appraisal - Arboricultural Assessment - Ecological Appraisal - Transport Assessments and draft Travel Plan - Archaeological Assessment - Flood Risk Assessment and Drainage Strategy - Landscape and Visual Impact Appraisal - Hydrological Assessment

4.0 RELEVANT HISTORY

4.1 No previous applications for planning permission have been made on the land subject to this proposed development.

4.2 An Environmental Impact Assessment Screening Opinion was issued by the Council on 24 January 2018 under planning reference 17/01966/SCREEN. This confirmed that the environmental impact of the development would not be so significant to warrant the submission of a stand-alone environmental statement, and the environmental effects of development could be adequately assessed through the standard planning application process.

4.3 The adjacent land to the south east, within Leeds City Council’s boundaries, benefits from outline and reserved matters consent for the erection of 325 dwellings with access from Spofforth Hill and Glebe Field Drive, associated open space and structural landscaping. The approved scheme is currently under construction. Leeds City Council planning references 13/03051/OT and 15/07291/RM.

5.0 NATIONAL & LOCAL POLICY

5.1 National Planning Policy

5.2 The National Planning Policy Framework July 2018 (NPPF) sets out the Government’s planning policies for England and how these are expected to

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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

Policy SG1 Settlement Growth: Housing Distribution Policy SG2 Settlement Growth: Hierarchy and limits Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt Policy SG4 Settlement Growth: Design and Impact Policy EQ1 Reducing risks to the environment Policy EQ2 The natural and built environment and green belt Policy TRA1 Accessibility Policy C1 Inclusive communities

5.5 Harrogate District Local Plan (2001, As Altered 2004)

Policy C2 Landscape Character Policy H5 Affordable Housing Policy HD13 Trees and Woodlands Policy HD20 Design of New Development and Redevelopment Policy R11 Rights of Way Policy T22A Measures to promote cycling

5.6 Supplementary Planning Documents

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Provision for Open Space in Connection with New Housing Development Provision for Village Halls in Connection with New Housing Development House Extensions and Garages Design Guide Landscape Character Assessment of Harrogate District Residential Design Guide

5.7 Other material policy considerations:

National Planning Policy Guidance July 2018

6.0 CONSULTATIONS

6.1 Leeds City Council (City Development) - Leeds City Council maintain their significant concerns:

- The principle of residential development outside the limits of Wetherby runs contrary to the Council's Core Strategy in terms of the strategic location of new development; - The traffic impact of the proposed development could have a significant and detrimental impact on Leeds City Council's Highway network through the town of Wetherby; - Increased pressure on existing infrastructure within Wetherby, particularly school places - The scheme would not represent a sustainable form of development.

6.2 Leeds City Council (Transport Development Services) – In the summary there are likely to be negative highway impacts as a result of this site but these would be unlikely to be sustained in the event of a refusal. A financial contribution should be provided to mitigate the impacts of development on the highway network within Wetherby alongside upgrades to bus stops and accessibility improvements to the Harland Way should the application be approved.

6.3 Estates Manager - No comments received.

6.4 Transport Planner - Provision should be made for electric vehicle charging and secure cycle parking; Developer contributions should be provided

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towards the surfacing of the Harland Way within the Harrogate District, and it's lighting within Leeds City Council area; Enhancement of existing bus stops will be required.

6.5 Natural England - Development is not likely to have a significant effect on the Kirk Deighton Special Area of Conservation and Site of Special Scientific Interest with respect to Great Crested Newts. The Local Planning Authority should assess other impacts from this scheme on the natural environment and ensure biodiversity enhancement is secured.

6.6 Natural England provided additional comments following further assessment of the hydrology of the site. Their advice was that they are satisfied that the proposed development is not likely to have a significant impact upon Kirk Deighton SAC/SSSI. They state there is no requirement for a Habitats Regulation Assessment and have no objection to the proposal.

6.7 Yorkshire Water - Recommends conditions to protect to local aquatic environment and Yorkshire Water infrastructure, including a requirement to ensure that sufficient on and off-site sewerage capacity exists prior to any dwelling being occupied. Accepts that there are no suitable watercourses in the vicinity and will accept surface water discharge to sewer at 5 litres per second subject to evidence proving that infiltration drainage is not possible.

6.8 DCS - Open Space – On-site provision of a children's play area and amenity green space will be required. Off-site enhancement of Deighton Community Centre, Wetherby Road allotments, the Harland Way and facilities at Sharow Football Club will be required.

6.9 Wetherby Town Council - Objects –

- The site is located within the green belt between Wetherby and Spofforth; - The application is premature to the site allocations process; - Great concern about the ability of Wetherby's services and facilities to cope with the additional demand; - Financial contributions would be payable in the Harrogate District, no benefit to Wetherby.

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6.10 Environment Agency - Dales Area Office - No comments received.

6.11 NYCC Lead Local Flood Authority (SuDS) - Preliminary calculations for surface water attenuation and a draft drainage design, with a plan for exceedance are required.

6.12 Police Architectural Liaison Officer - A condition should be imposed requiring details of the crime prevention measures to be incorporated into the site layout to be provided at reserved matters stage.

6.13 Housing Department - The site should be expected to provide on-site affordable housing at 40% of total housing units subject to viability. The standard affordable housing condition securing this will apply.

6.14 Private Sector Housing - No comments required.

6.15 County Education Officer - Financial Contributions for Education will be required for Spofforth Primary School and Harrogate secondary schools. This is discussed further in the report.

6.16 NYCC Highways And Transportation - No objection from North Yorkshire County Highways Authority subject to Section 106 agreement and conditions. See report for detail.

6.17 Footpath Officer - NYCC - The site is adjacent to a public right of way, an informative should be included to remind the developer that the route should remain available during development.

6.18 Ramblers Association - A Right of Way runs between the site of this proposed development and the adjacent approved development. It is important that this right of way is preserved and protected, both in the final scheme and during construction work. The track will need landscaping, to preserve whatever is possible of the current rural location.

6.19 Environmental Health - Additional land contamination assessment should be carried out by condition. Conditions should also be imposed to protect existing residents from adverse noise, disturbance and dust during

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construction. Electric vehicle charging points should be installed in the interests of air quality.

6.20 Heritage Unit of NYCC - The site is of archaeological interest and potential. Geophysical surveying and trial trenching should be carried out to identify the nature and significance of any archaeological remains.

6.21 The above is only a brief summary of the comments received. Full responses can be viewed on the Council’s website.

7.0 VIEWS OF THE PARISH COUNCIL

7.1 Kirk Deighton Parish Council Objects for the following reasons:

- Site is within the green belt between Harrogate and Spofforth; - Development represents the encroachment of Wetherby towards Kirk Deighton; - The application is premature to the site allocations process being carried out by Harrogate and Leeds Councils; - Concern about ability of services and facilities in Wetherby to accommodate additional dwellings; - Excessive speed and volume of vehicles through Kirk Deighton and additional houses would not assist with this; - The site is in such close proximity to Wetherby, which has insufficient infrastructure to accommodate further dwellings.

7.2 Spofforth with Stockeld Parish Council does not object or support but seeks safeguards as follows: Very concerned about volume of traffic and the impact it would have on Spofforth; interested to see the infrastructure plans for the development.

7.3 Sicklinghall Parish Council Objects for the following reasons:

Existing highway infrastructure would be placed under extra pressure to cope with additional traffic with the potential to create long queues at peak periods;

Additional development at this location would represent a further intrusion into the green belt.

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The above is only a brief summary of the comments received. Full responses can be viewed on the Council’s website.

8.0 OTHER REPRESENTATIONS

8.1 The application was presented to the planning committee on 5th April with 27 third party representations in objection. There has subsequently been over 300 representations received, including after the 14 August Planning Committee objecting to the proposed development. The representations, which include local Countryside groups, are available to view on the Council’s website The issues raised are summarised as follows:

- Adverse landscape impact; - Loss of agricultural land; - Encroachment of built form into countryside; - Pressure on facilities in Wetherby with no financial benefits; - Lack of GP surgery appointments and school places in Wetherby; - Increase in traffic congestion within Wetherby; - There is no requirement for more housing in Wetherby; - Poor accessibility to Wetherby town centre; - Additional vehicles on Spofforth Hill would be dangerous; - Adverse impact on local wildlife; - Insufficient pre-application consultation; - Impact upon Kirk Deighton Special Area of Conservation and Kirk Deighton SSSI; - Impact upon drainage; - Landscape mitigation proposals not sufficient; - Impact upon Wetherby and Spofforth Schools; - Coalescence with Wetherby; - Affordable housing will go towards Harrogate’s requirements; - Cumulative impacts with other housing development; - Requirements of the Localism Act to co-operate with neighbouring; authorities; - Condition of the roads; - Light Pollution;

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- Pedestrian Safety; - Unsustainable location; - Proposed layout; - Impact upon Wetherby Conservation Area; - The site is not in Harrogate Borough Council’s emerging Local Plan.

8.2 One neutral representation from Harrogate and District Cycle Action:

- In any new development the residents must have transport choices. They should not be car dependent. To be sustainable developments should make provision for pedestrians, cyclists and public transport. Paths should take account of pedestrians and cyclists. Adequate turning circles must be provided for buses. Promote measures to reduce air pollution.

9.0 ASSESSMENT

9.1 Grounds for Refusal

9.2 The decision to consider the application again at Planning Committee is in accordance with the Council’s scheme of Delegation for determining Planning Applications.

9.3 It is necessary to provide a summary of the 3 issues which Members had put forward and resolved as their grounds for refusal so that an informed decision as to whether they would want to defend the application on those grounds should any appeal be submitted. Members are not bound to follow the professional or technical advice given by their own officers, but where they do not do so, they will be expected to show that they had clear planning reasons for a decision contrary to that advice.

9.4 Health: lack of doctors / dentists provision - The shortage of spaces at local GP surgeries and dentists was raised as a reason to refuse the application. Both local surgeries are accepting new patients. There are at least 4 dentists in Wetherby who are accepting new patients (not NHS).

9.5 The catchment areas of the surgeries are not linked to the district catchment areas like schools are. Existing catchments for the Wetherby health services already accommodate patients within the Harrogate Borough Council Area including the village of Tockwith.

9.6 There are no specific planning policies or guidance to secure financial contributions via planning decisions to support the health services. The Funding required to provide services is from other sources which is based on the demand. Although there may be difficulty for residents to obtain appointments, it is considered that it would be difficult, in the absence of

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substantive evidence that the proposal would cause harm to substantiate a reason for refusal on the grounds of lack of provision of Doctors and Dentists.

9.7 Furthermore, the Council does not at present have a CIL Charging Schedule in order to be able to collect funds towards health infrastructure. Any such associated plans are at a very early stage such that can be given very little if any weight and there is at present no underpinning evidence which would lead officers to recommend in the alternative.

9.8 Education: lack of education provision - Officers are of the opinion that it cannot be demonstrated that there will be an unreasonable burden placed on education facilities.

9.9 Education capacity is programed by the North Yorkshire Local Education Authority (NYCC LEA). There is the potential for the schools at Spofforth and in Wetherby to utilise the education contributions to accommodate additional pupils. Neither North Yorkshire County Council nor Leeds City Council object to the proposed development. NYCC will collect the contributions and distribute an agreed proportionate amount to Leeds City Council’s Children’s Services.

9.10 In the absence of an objection from North Yorkshire County Council and following discussion and agreement with Leeds City Council Children’s Services it is not considered that grounds exist to support a refusal of the application on lack of education provision. The contributions can be used to mitigate the impacts from the development.

9.11 Highway infrastructure: unable to carry more traffic – Paragraph 109 of the National Planning Policy Framework advises development should only be prevented or refused on highways grounds if there would be an unacceptable impact upon highway safety, or the residual cumulative impacts on the road network would be severe. This is the context that

9.12 North Yorkshire County Council has engaged in detailed scoping discussion with the Applicant’s transport Consultants and Highway Authority advises that the Transport Assessment has been of an acceptable scope, and the methodology and results have been agreed. The NYCC Highways Authority do not deem the impact to be severe. Leeds City Council Transport Development Services advise it would be difficult to sustain a refusal in the context of the above paragraph 109 of the NPPF and suggests s.106 contributions to be payable to Leeds City Council to mitigate the residual impacts within the Leeds district.

9.13 In considering applications at all decision levels there is a great reliance on technical evidence provided. In the absence of an outright objection to the highway impacts from NYCC or LCC the officer’s opinion is that the significant concerns raised by Leeds City Council would not cause significant and demonstrable harm. It is not considered that grounds exist to support a

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refusal of the application on highways impacts. The s.106 contributions specified in the report can be used to mitigate the residual and cumulative impacts from the development.

9.14 Summary on reasons for refusal – The Officer’s views are that the Council would have difficulty defending at appeal a refusal of this outline application on the lack of Doctors and Dentists, Education Provision and Highway infrastructure.

9.15 Paragraph 34 of The National Planning Policy Framework advises that decision–makers at every level should seek to approve applications for sustainable development where possible. Officers have concluded that the development would represent sustainable development.

9.16 The weight Members choose to attach to the reasons set out above outlining the sustainability of the reasons for refusal is a matter of judgement for them but clear and convincing reasons must be provided. Members must be able to produce relevant evidence, by reference to either policy or verifiable evidence, to support their decision if a contrary view is formed.

9.17 In accordance with Article 35 of the Town and Country Planning(Development Management Procedure) (England) Order 2015(as amended) reasons for refusal must be stated in full, clearly and precisely, specifying all policies and proposals in the development plan and taking into account all material planning considerations. Failure to do so runs a significant risk that Harrogate Borough Council will be deemed to have acted unreasonably at any appeal against such a refusal.

9.18 PRINCIPLE ISSUES FOR CONSIDERATION

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

9.20 Social sustainability factors comprising matters of housing land supply and the provision of affordable housing, and the contribution this site would make to addressing the shortfall in both; The sustainability of the site in terms of the accessibility to jobs, shops and services and access to local community facilities.

9.21 Environmental Sustainability factors comprising the effect of development on landscape and the character and appearance of the existing settlement, the effect on heritage assets, biodiversity and protected trees; The amenity of existing residents and users of the public right of way; highway capacity and safety matters; flood risk and drainage issues; and land contamination and pollution considerations.

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9.22 Any economic sustainability factors and the weight to be applied to these.

9.23 Sustainability

9.24 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, economic and environmental.

9.25 Paragraph 8 of the NPPF advises that to achieve sustainable development economic, social and environmental objectives need to be pursued in mutually supportive ways.

9.26 SOCIAL SUSTAINABILITY

9.27 Housing Land Supply

9.28 The Council’s Housing and Economic Development Needs Assessment (HEDNA) provides information on objectively assessed housing need. An updated housing supply position as at 30 June 2018 indicates a 5.02 years supply of housing land, including a 20% buffer and shortfall, on the basis of an annual requirement for 669 dwellings.

9.29 There was already an acceptance that to deliver the required number of 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 limits, and Core Strategy Policies SG1, SG2 and SG3, can be given only limited weight. The fact that the site lies outside the development limits as defined in the 2001 Harrogate District Local Plan, is not therefore an issue that significant weight can be attached to.

9.30 Given the out-of-date housing related development plan policies the terms of Paragraph 11 of the NPPF remain fully engaged despite the current housing land supply. In this case, the site is not affected by any of the restrictive policies in the NPPF referred to above. Accordingly, in circumstances such as this, applications for housing (even those which are not included as allocations within the Local Plan) must be determined on a case-by-case

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basis with a presumption in favour of supporting sustainable development. Refusal is only justified where the planning harm significantly and demonstrably outweighs the benefits to be gained by delivering new housing.

9.31 In the context of a marginal 5.02 years housing land supply, the construction of up to 210 dwellings on this site would make a material contribution to addressing the housing shortfall within the District, which is considered a significant social benefit of development.

9.32 Accessibility to jobs, shops and services

9.33 Whilst the site is in a rural area within the Harrogate District, it sits adjacent to the built up area of Wetherby and is seen as an urban extension of that settlement, which is located within the Leeds City Council boundary. The adopted Leeds Core Strategy (2014) identifies Wetherby as a ‘major settlement’ within its settlement hierarchy at Policy SP1, broadly equivalent to a Group A settlement within the Harrogate District Core Strategy. On that basis, when considering the accessibility of the site, it would be appropriate to apply the accessibility criteria for a Harrogate District Group A settlement.

9.34 In terms of accessibility and sustainable transport, Appendices 7 and 8 of the Core Strategy define the key bus and rail network and accessibility criteria to be applied to new housing within the district’s main settlements.

9.35 Appendix 7 identifies a good bus service as one that is provided at least half hourly, with appendix 8 expecting new development to be located within a 400m walk of such a service. In this instance, the centre of the site is just outside this recommended distance at approximately 450m walking distance from bus stops on Harrogate Road. Those bus stops do however provide a better than good service with a combined 15 minute frequency between services 70/71 and X70 between Harrogate and Wetherby via Spofforth, with half hourly extensions to Leeds on the 70/71 and hourly extensions to Tadcaster and York on the X70. Given the better than good service provision officers consider that the site is reasonably accessible to public transport provision, notwithstanding the marginal increase in walking distance. To

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offset this, and increase the attractiveness of bus use, Harrogate Road bus stop upgrades including shelters and real time passenger information will be required and secured through a Section 106 agreement.

9.36 Walking distances to primary school (Spofforth - 2.5miles), Doctor’s surgery (Crossley Street Surgery - 1.2miles), supermarket (Crossley Street Sainsbury’s - 1.2 miles) and main centre of employment (Wetherby town centre - 1.5 miles) are all outside of the recommended distances within the Core Strategy.

9.37 They are, however, accessible by bus and within reasonable cycling distances of the site. In this instance, the site benefits from the proximity of the Harland Way off-road cycle route which runs between Spofforth and Thorp Arch via Wetherby. To offset the lack of compliance with the accessibility criteria, financial contributions will be required to part fund an upgrade to the surfacing of the route within the Harrogate District between Wetherby and Spofforth, and part-fund the installation of lighting along the route between the site and Wetherby town centre, under the jurisdiction of Leeds City Council. These upgrades, alongside the provision of secure covered cycle storage within each dwelling and provision of shared pedestrian and cycle routes within the site are designed to take advantage of the proximity of the Harland Way and increase the attractiveness of cycling for local journeys, offsetting the distances to local facilities.

9.38 The Council has previously taken a flexible approach to the Core Strategy accessibility criteria where bus and cycle provision has been considered to be good (most notably on sites north of Skipton Road in Harrogate) and it would be inconsistent to take a different approach here. On this basis, it is considered the conflict with the Core Strategy accessibility criteria only weighs modestly against the scheme.

9.39 Community Facilities

9.40 Core Strategy Policy C1 establishes the basis for delivering social improvements to secure sustainable development within the context of local

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circumstances. To support Policy C1, the Council has adopted Guidance on Education, Public Open Space and Village Hall Provision.

9.41 Education – The guidance on developer contributions to education facilities, (Education SPD) was updated in November 2017. The Council in considering development proposals undertakes consultation with North Yorkshire County Council Local Education Authority (LEA) who have a statutory duty to ensure sufficient school places are provided for the additional children from such development.

9.42 The Council’s Education SPD sets out that calculations are made on the basis of one primary aged child for ever four properties and one secondary school aged child from every 8 properties (two or more bedroom), which equates to 52.50 Primary places and 27.3 secondary school places. The financial sums have been derived from the Department of Education multiplier of costs per place.

9.43 Leeds City Council’s Children Services (LCCS) have also provided input into the process. They also calculated that a development of 210 houses would yield approx. 52.5 primary aged children . The reason is that the LCCS policy for school places adopts a nearest school approach rather than using a catchment area like North Yorkshire. The LCCS policy would give priority to the child living nearest to the school.

9.44 The Leeds City Development consultation response to the application has identified that if the planning application was successful Leeds City Council would seek a contribution towards education provision. The current projections by LCCS identify that Wetherby High School and Boston Spa School are both forecast to have spare capacity available in future years and no contributions have been requested by Leeds City Council for secondary schools.

9.45 NYCC Education department have provided additional commentary on existing school preferences, these indicate that 83% of children attending Spofforth Primary come from within the Spofforth catchment area. 7% come from other catchment areas, and 10% from outside North Yorkshire (January 2018 figures). There are 20 Primary aged children within the Spofforth catchment area attending Leeds schools in Wetherby.

9.46 Based on existing preferences NYCC LEA and LCCS have agreed between them that 65% of the Primary school contribution should go to NYCC and 35% to Leeds City Council. Leeds City Council has identified that they would look into the feasibility of expanding/remodelling an existing Wetherby

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primary school closest to the application site to enable additional places to be created. However, NYCC will collect the contributions as the party to the s.106 agreement.

9.47 NYCC Education Department were invited to attend the Committee meeting, but have provided the following comments set out below:

9.48 “There is limited capacity at Spofforth primary School and there is a requirement for an additional classroom at Spofforth to accommodate development from the Massey Fold and Castle Farm draft allocations before taking into account the application site. To accommodate the increase from all 3 sites, Spofforth Primary would need to expand with one or two additional classrooms.

9.49 Spofforth has the ability to be expanded as confirmed in a meeting with North Yorkshire County Council. It should be noted that the school site area is limited and access to the school is challenging. Any future expansion is likely to put increased pressure on the already limited school site and particularly the outdoor area.

9.50 Developer contribution from all three housing development in the area could fund expansion to accommodate the need of the pupils generated by the developments whilst also improving the benefit of all pupils”

9.51 The applicant’s Education consultants consider that there is scope for the school to be expanded on its existing site by two classrooms, and enhancements and improvements to the school facilities which they advise includes replacing temporary classroom and rationalising the current layout of spaces.

9.52 Existing pupils who currently attend Spofforth Primary from outside the catchment area would not be forced to move schools. The Spofforth catchment area is extensive taking in the villages of Kirk Deighton, North Deighton and Little Ribston . Most existing dwellings in the school’s catchment area, including those in Little Ribston and North Deighton, are closer to the school than those on the development site, so under the admissions policy children from these areas who wanted to attend Spofforth primary would not be ‘displaced’ by children from the development site.

9.53 The applicants are seeking to fully meet the policy requirements of Harrogate Borough Council by providing in full the education contribution requested by

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North Yorkshire County Council. This education contribution can be used towards expansion of Spofforth Primary. It can be secured by condition at outline stage, requiring an updated calculation in any reserved matters application once a layout confirming the number of dwellings and their sizes has been agreed.

9.54 Provision of Public Open Space and Village Halls - How the provision of on- site public open space and village halls is generated and where any commuted sums generated can be spent is set out in the Council’s adopted Supplementary Planning Guidance on the Provision of Public Open Space and Village Halls. The locations are derived from distance thresholds from the development site to public open spaces within the Harrogate District. The locations provided fall within adopted distance thresholds and it is therefore be demonstrated that the contributions would be reasonable and related to the development proposed.

9.55 The developer would be expected to provide suitable on-site amenity facilities, whilst financial contributions would be required to enhance local community facilities. In this instance it is expected that on-site amenity green space and children’s play facilities would be required, with enhancement for off-site green spaces and sports facilities. As the site is within a rural area within the Harrogate District, a contribution towards the maintenance and enhancement of local village halls would be required. In this instance, the site would be expected to provide funding to Deighton Community Centre of approximately £270,000 Again, this enhancement is only indicative at this stage but the principle of it can be secured by condition with further calculations and a detailed scheme to be provided at reserved matters stage once the number and sizes of the dwellings are confirmed.

9.56 In making these contributions and providing for these community facilities, which are necessary to make the development acceptable in planning terms, the scheme would meet the objectives of Core Strategy Policy C1 and mitigate the adverse effects of additional population on these facilities.

9.57 Affordable Housing

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9.58 The proposed development is of a scale where saved Local Plan policy H5 requires on-site provision of affordable housing and such an approach that favours on-site provision is in accordance with paragraph 62 of the NPPF. The applicant has proposed the provision of 40% of the development as affordable, which accords with the Council’s requirements and which can therefore be addressed by a condition of any approval.

9.59 At 40% of total housing units, this site could yield a maximum of 84 affordable dwellings for those in housing need, with priority given to those with a local connection to Harrogate. Across the district as a whole there is an identified need for affordable housing of 208 dwellings per annum and the provision of such housing on this site, contributing to reducing this identified shortfall, merits significant weight in favour of the development.

9.60 Although affordable housing will be of more benefit to those with a connection to the Harrogate District this is still a benefit of the proposal to help address those who are in need of housing.

9.61 ENVIRONMENTAL SUSTAINABILITY

9.62 Landscape

9.63 Paragraph 170 of the NPPF requires that planning decisions should contribute to and enhance the natural and local environment by recognising the intrinsic character and beauty of the countryside and protect and enhance valued landscapes.

9.64 Whilst the landscape to the west of Wetherby contributes positively to the setting of the town by enclosing existing development it does not benefit from any national or local landscape designation and therefore whilst it may have a character that is cherished by local people, it is not ‘valued’ within the meaning of the NPPF. Ultimately this means that the tilted balance at paragraph 11 of the NPPF applies to the landscape impact of development, with refusal only to be recommended if the impact significantly and demonstrably outweighs the benefits of development.

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9.65 The landscape is always likely to be highly valued locally, however, the site is not within a designated landscape nor is it likely to be a ‘Valued Landscape’ as set-out under NPPF Paragraph 170.

9.66 The wider assessment of the landscape effects of development is carried out in accordance with Core Strategy Policy EQ2 which seeks to protect, and where possible enhance, the landscape character of the whole district whilst recognising that there is a need to plan for new green field development.

9.67 Saved Local Plan C2 is a more general policy, having a requirement that development should protect existing landscape character. This policy can only be given limited weight, however, given that it does not contain the balancing exercise explicit within Core Strategy Policy EQ2.

9.68 Related to saved policy C2 is the Supplementary Planning Guidance contained in the 2004 Harrogate District Landscape Character Assessment; the site falling within Character Area 56 ‘Plompton and South Knaresborough Arable Land’ where the gently rolling landform and open nature of the landscape combined with uniform land use in large fields results in a landscape that is sensitive to change from inappropriate development. Consequently, the guidelines for this character area seek to integrate existing intrusive development, conserve the landscape pattern and landform characteristic of the area, and enhance and promote archaeological sites, and research the landscape’s historic origins.

9.69 The visual impact of this site and its effect on landscape character are experienced largely from the west. To the south and east the falling land and existing built up area of Wetherby ensures the site is contained, whilst the strong treed boundary associated with the Harland Way restricts views from the north.

9.70 The Council’s Landscape Officer had initially expressed concern over the magnitude of landscape and visual effects from viewpoints to the west of the site and questions whether these effects would be mitigated sufficiently over time to reduce below ‘moderate adverse.’ There is no objection from the

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Council’s Landscape architect additional information was provided allowed further assessment.

9.71 The applicant has provided additional landscape information. These comprise long sections from the west demonstrating the effect of the proposed structure planting in addition to photo analysis from viewpoints, whilst the structural planting plan fixes the minimum dimensions for this woodland mix, with a minimum depth of 10 metres, extending to 20 metres in principal locations.

9.72 This additional information demonstrates that whilst in the short term (0 to 10 years) the rooflines of the westernmost dwellings would be visible from the west (based upon a ridge height of 9.5 metres above ground level), from year ten onwards, the western structure planting will enclose the site and largely screen development behind an extended wooded settlement The development does not result in coalescence of Wetherby and Harrogate or Spofforth.

9.73 With regard to potential adverse effects of light pollution of the new highway access, the submitted night-time photograph shows background lighting emanating from the new housing development as well as lighting along the highway as it enters the urban edge of Wetherby. Any new junction lighting is unlikely therefore to have a significant adverse effect on this edge of settlement setting.

9.74 On the basis of this additional information, Officers are still satisfied that the longer term landscape and visual effects of development would not be so significant as to warrant refusal of the application. Should development be approved, conditions can be applied to secure this structural landscaping and to ensure it is implemented at the outset of development to give it the maximum possible time to establish alongside a 25 year management plan to ensure it is appropriately managed to maturity in line with the structural landscaping management condition applied to the adjacent Bellway Homes development.

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9.75 New screen planting would be established as set out in the submitted Parameters Plan to reduce harm to landscape character of the adjoining North Wetherby Arable Rolling Land Character Area and surrounding visual effects. Long term management of newly established landscapes is part and parcel of managing landscape change over time, in accordance with the objectives of Core Strategy Policy EQ2.

9.76 With regard to further encroachment of development towards Spofforth, the rural edge interface of the development as set out in the Parameters Plan would not currently lend itself to a logical urban extension into a much more open and visually exposed landscape.

9.77 In the opinion of the Council’s Landscape architect, should this site be refused on landscape grounds, it would highly likely be allowed at Appeal. The level of harm in landscape character and visual amenity terms would not be sufficient to overrule the presumption in favour of sustainable development.

9.78 Character and Appearance of Settlement

9.79 Core Strategy policy SG4 requires all development proposals in the District to be well integrated with, and complementary to, neighbouring buildings and the spatial qualities of the area, along with being appropriate to the form and character of the settlement. In seeking to secure good design, the NPPF advises at paragraph 61 that planning decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment.

9.80 This site is well related to existing or consented built form to the south and east, in an area which is characterised by a diversity of twentieth and 21st century planned development. This is a scheme on a reasonably enclosed site that does not significantly encroach into the surrounding countryside, result in coalescence of settlements and would not significantly expand the size of the settlement such that any intrinsic character would be lost. The proposed scheme would be seen in relation to the development under construction to the south and would have the potential (subject to detailed

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design and layout considerations at reserved matters stage) to integrate successfully with the character and appearance of this existing development.

9.81 The development framework provided demonstrates that an appropriate scheme could be designed, with open space to the northern and western parts of the site, a woodland structural planting buffer to the countryside to the west and east and connections into adjacent housing sites. At a net density of 34 dwellings per hectare (210 dwellings over a developable area of 6.1 hectares) the development is in accordance with the Council’s publication draft local plan which seeks a minimum net density of 30 dwellings per hectare across housing sites. This density is comparable to that on the adjacent Bellway Homes site to the south and east, which ranges from 20 dwellings per hectare on the western boundary to 34 dwellings per hectare on the eastern boundary adjacent Glebefield Drive. Consequently, it is concluded that the development of this site at the number proposed would not be out of character with adjacent housing.

9.82 Impact on Heritage Assets

9.83 The site is within 100 metres of two grade II listed structures. The Wetherby Lodge entrance to the Stockeld Park estate to the south-east, and a milestone on Harrogate Road to the south-west of the site. The setting in which both of these designated heritage assets are experienced is limited and the proposed development is not considered to adversely affect their historic significance.

9.84 There is no inter-visibility between the site and Wetherby Conservation Area (which is focused tightly on the town centre) whilst significant distances exist between the site and Kirk Deighton and Spofforth Conservation Areas. Development of this site is not expected to materially affect the experience and historic significance of these designated areas. As such, it is not considered that the proposed development would conflict with the Council’s duty to preserve and enhance listed buildings and conservation areas under the terms of the Planning (Listed Buildings and Conservation Areas) Act 1990.

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9.85 The County Council Archaeology Unit advises that the site is of archaeological interest and has the potential to contain remains of prehistoric or Romano-British date due to the expected presence of field enclosures associated with human settlement and ritual activity of the same date. On this basis, a scheme of archaeological evaluation is recommended by condition to comprise geophysical surveying and trial trenching. Such evaluation is to be carried out prior to submission of any reserved matters.

9.86 Amenity Value of the Public Right of Way

9.87 Public Rights of Way are protected under saved Local Plan policy R11. The policy requires public rights of way to be retained in development proposals and where their character and amenity value is harmed, development should not be permitted unless the route is satisfactorily diverted.

9.88 There is a balance to be struck between reasonable development to meet the housing needs of the District and protecting the character of rights of way. In this instance, the character of the public right of way to the east of the site will clearly change, however, it is already apparent when walking the route that the user is approaching a settlement edge, even more so with the Bellway development currently under construction on the Leeds side of the boundary. The tree and hedge line between the site and the public right of way will be enhanced with additional planting which over time will soften the appearance of the development from the route and as such any adverse visual impact can be mitigated.

9.89 There are additional concerns about the treatment of the public footpath. This is well-used right of way. Specific types of lighting can be achieved which does not produce significant glare or light spill. Resurfacing the route would make it more accessible to users without significantly altering its character.

9.90 The concept masterplan indicates that the site will be developed in such a way that a buffer will be maintained between development and the Harland Way. The route of the Harland Way also enters a wooded cutting as it passes the northern boundary of the site minimising inter-visibility and reducing the effect of development on the character of the route.

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9.91 Development will be visible from the public right of way in the vicinity of Ingbarrow Farm to the west, however, over time the built form will be softened by the structural landscaping to the western extent of the site. On balance, it is concluded that any adverse visual impacts on the nearby public rights of way can be reasonably mitigated through site landscaping and although their character will change, this change is not so harmful to outweigh the benefits of providing new housing.

9.92 Ecology and Arboriculture

9.93 Paragraph 175 of the NPPF advises that if significant harm to biodiversity resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or a last resort, compensated for, then planning permission should be refused.

9.94 The application is accompanied by an ecological appraisal dated March 2017. The appraisal considers the effect of development on designated international, national and local nature sites, along with an assessment of site specific effects on habitat and species.

9.95 The site is approximately 800m south west of Kirk Deighton Special Area of Conservation/Site of Special Scientific Interest, designated for its internationally important population of Great Crested Newts. Due to the distance between the site and the designated habitat, the lack of ponds within 500m and the barriers formed by surfaced tracks; and the sub-optimal on-site habitat the report concludes there would be no direct impact upon the SAC/SSSI. This conclusion is supported by Natural England and consequently no further work or mitigation for Great Crested Newts is required.

9.96 In response to concerns about how the proposed development may interfere with the water table/hydrology characteristics and impact upon the nearby Kirk Deighton Special Area of Conservation (SAC) and the impact of this on the ability of the site to support breeding great crested newts. They have advised that a Habitats Regulations Assessment was undertaken in order to

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determine whether the proposal is likely to have a significant effect on the interest features of the SAC.

9.97 The applicants provided a hydrology assessment, which Natural England have assessed and advised that there is no objection to the proposed development and the proposal would screen out any requirement for a Habitat Regulations assessment and therefore this would not be required. The Council is entitled to rely on the advice from Natural England and their expertise, as the Government’s Statutory Nature Conservation body for England.

9.98 The Harland Way to the north-east, within Leeds City Council Area, is a local nature site designated for its vegetation. No specific mitigation is proposed for this area, as whilst more people would use the publically accessible cycle route, the biodiversity interest of the wooded area is not considered to be harmed by development.

9.99 Within the site itself, the land is predominantly arable farmland, parts of which will be enhanced by their conversion to wildflower meadow, whilst trees and hedgerows will be retained and enhanced with native species as part of the overall landscape mitigation for the development.

9.100 In terms of protected species, the site has potential as foraging/commuting habitat for bats, whilst four trees have bat roost potential. Due to the sub- optimal time of year in which the original survey was carried out, further bat activity surveying will be required to determine detailed mitigation proposals. There is no evidence of badgers on site, but disused setts have been identified within the woodland associated with the Harland Way. There is evidence of badger activity within 1km of the site and therefore precautions would need to be taken during construction to prevent badgers becoming trapped.

9.101 Officers agree that there are no significant biodiversity matters that would preclude development of the site in principle. Prior to submission of any reserved matters application a further bat activity survey will be required along with a biodiversity management and enhancement plan that details

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how the detailed site layout has provided for habitat and species protection and enhancement. Prior to construction, a detailed construction stage biodiversity management plan would be required.

9.102 Subject to appropriate conditions, the development of this site is expected to avoid significant harm to biodiversity, in accordance with paragraph 175 of the NPPF.

9.103 The Council’s Arboricultural Officer has no objection to development subject to conditions to protect existing trees and hedgerows during construction. Conditions will also be required to secure an Arboricultural Impact Assessment with any reserved matters application to ensure the presence of trees is adequately considered when a detailed layout is proposed.

9.104 Amenity - Impact on existing and proposed residents

9.105 Paragraph 127 of the NPPF sets out that developments should create places that are safe, inclusive and accessible and which promote health and well- being, with a high standard of amenity for existing and future users; and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience.

9.106 Noise - Paragraph 180 of the NPPF advises that decisions should mitigate and reduce to a minimum potential adverse impacts resulting from noise from new development – and avoid noise giving rise to significant adverse impacts on health and the quality of life. Noise and disturbance arising from construction, including delivery and construction hours, can be adequately controlled by condition.

9.107 Layout - The detailed reserved matters stage would be the point at which other amenity considerations would be assessed, including separation distances between existing and proposed dwellings and the prevention of harmful overlooking, overshadowing and overbearing effect. Officers are confident that a site layout could be arranged that ensures appropriate levels of amenity.

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9.108 Highway Impact - Core Strategy Policy SG4 expects development proposals to not add significantly’ to any pre-existing problem of access, road safety or traffic flow. Consequently, if concerns are raised on highways grounds, the test is to first determine if there is a pre-existing problem in this area, and then to assess whether the proposed development would have a significant impact upon it. This approach is consistent with paragraph 109 of the NPPF, which advises that development proposals should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. Paragraph 110 advises that planning decisions should ensure that safe and suitable access to a site can be achieved by all people.

9.109 Concern has been raised by third parties about development exacerbating local traffic congestion. Whilst the definition of a ‘severe’ impact is not defined within the NPPF, the Local Highway Authority would normally consider the impact upon local traffic flow and junction capacity. In this instance, the highway authorities at both North Yorkshire County Council and Leeds City Council have assessed the submitted transport assessment for the effect on their respective highways areas.

9.110 North Yorkshire are the lead highway authority for this application and highways officers engaged in detailed scoping discussions with the applicant and their transport consultant to ensure that the transport assessment is of acceptable scope and adopts an agreed methodology in terms of trip rates, traffic generation and traffic distribution. The majority of vehicles are expected to enter and leave the site from the Wetherby direction, with 32 vehicles expected to travel via the A661 into North Yorkshire in the AM peak hour and 29 in the PM peak hour. The Highway Authority does not consider this traffic generation to represent a ‘severe’ impact on the North Yorkshire highway network in the context of the NPPF.

9.111 In terms of trips to school, the proposed development is anticipated to result in 52.5 pupils of Primary school age. NYCC further estimates that one-third of the pupils would attend schools outside north Yorkshire. It is assumed that 65% of primary school children resident on the site will attend the school at

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Spofforth. The applicants Transport engineers consider that the number of car trips conducted in the morning peak period being 26 which are likely to be onward trips.

9.112 Under the NYCC ‘Home to School and College Transport Policy, NYCC has a responsibility to provide free home to school transport to secondary school pupils in years 7 – 11. But there are school buses from Spofforth and Wetherby to Rossett High School, Harrogate Grammar school and King James school. Currently no pupils from the Spofforth area have made a preference for Harrogate High School. There are existing bus services to denominational schools to St John Fisher Catholic High School and St Aiden’s CoE High School which are not funded by NYCC.

9.113 With regard to the effect on the highway network within Wetherby itself, Leeds City Council Highways have carried out junction capacity analysis which found two junctions where the effect of development in the PM peak could be considered ‘severe’ within the context of the NPPF. These are the A661 Spofforth Hill/West Gate/Linton Road mini-roundabout, and the A661 West Gate/Crossley Street priority junction. Subject to a Section 106 financial contribution of £257,460 to carry out off-site highway mitigation measures.

9.114 In terms of highway access to the site both NYCC and LCC Highway Officers are satisfied with the junction arrangements and the provision of a right turn lane on the A661. A financial contribution will be required to extend the current 30mph speed limit on the A661 through Wetherby to encompass the site access.

9.115 Following consideration of further information, LCC Highways are satisfied with the pedestrian accessibility of the site from existing bus stops on Harrogate Road with improvements in pedestrian visibility at the crossing point following the pruning of vegetation on the north side of the A661. In line with the recommendations outlined in the section on accessibility above, upgrades are required to these bus stops, along with enhancements to the cycle route on Harland Way to improve the attractiveness of sustainable transport modes and offset the significant impacts of development on the highway network.

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9.116 The representations have raised further comments in relation to highway links to other sites in particular a Spine Road to distribute traffic between the A661 and the A168. This is if other sites between the Harland Way, Deighton Road and A168 are expected. This layout of existing development under construction would preclude this to existing sites. But, further development is not envisaged and the proposed development would not prejudice this.

9.117 Although later representations have been received which do not agree with the approach and advice from NYCC Highway Authority and that of Leeds City Council Transport Development Services, Officers are satisfied that safe and suitable access to the site can be achieved for all people, and that through the provision of a Travel Plan and financial contributions for off-site highway works, the significant effects of the development on highway capacity within Wetherby can be cost effectively mitigated, in accordance with the objectives of the NPPF. These mitigation measures will be achieved through the s.106 process and will include:

 A financial contribution of £257,460 payable to Leeds City Council for off-site highway improvement schemes within Wetherby;  A financial contribution of £40,000 payable to Leeds City Council for upgrading two bus stops on Harrogate Road with shelters and real- time passenger information;  A financial contribution payable to Harrogate Borough Council to distribute to Leeds City Council for surfacing and lighting enhancements to the Harland Way cycle route;  A financial contribution payable to North Yorkshire County Council for a traffic regulation order to extend the 30mph speed limit on Harrogate Road;  A financial contribution of £5000 payable to North Yorkshire County Council for travel plan monitoring.

9.118 On this basis, it is not considered that there is any significant and demonstrable harm arising that would warrant refusing planning permission. The capacity of the highway network in North Yorkshire and the Leeds City Council area has been considered in detail as part of the Transport

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Assessment process. The NYCC Highway Authority has confirmed that traffic impact within North Yorkshire resulting from the proposed development cannot be deemed severe in the context of the Para 109 of the NPPF test and Leeds City Council have advised it would be difficult to sustain a reason for refusal on traffic impact given the context of Paragraph 109 of the NPPF which sets the bar high.

9.119 Flood Risk and Drainage

9.120 The site falls within Flood Zone 1 as defined by the Environment Agency, indicating that the land is not at elevated risk of flooding to the extent where any sequential test or site specific flood resistance or resilience measures would be required. There remains a requirement within the NPPF at paragraph 163 to ensure that flood risk is not increased for others, and this is achieved by designing a suitable surface water drainage system to capture surface water flows and discharge them sustainably.

9.121 The sustainable drainage hierarchy requires consideration of infiltration and watercourse drainage, with discharge to sewer accepted only if the two more sustainable measures are not feasible. In this instance the drainage strategy expects that the site would not be suitable for infiltration due to inappropriate below ground conditions, whilst there is no suitable watercourse in proximity to the site that could accommodate the expected flow from the site. To this extent the strategy recommends discharge to the surface water sewer under Harland Way via on site attenuation in underground tanks and above ground detention basins. This strategy is accepted in principle by Yorkshire Water, subject to evidence to demonstrate that infiltration will not be possible, and sufficient attenuation to restrict discharge to no more than 5 litres per second.

9.122 Given the agreement of Yorkshire Water to this outline strategy, a condition can be imposed requiring the detail to be submitted prior to commencement of development, along with evidence of infiltration rates. On-site attenuation will need to include a 40% allowance for climate change and urban creep, whilst the detailed site layout would need to demonstrate appropriate exceedance flow routes for storm scenarios over the 1 in 100 year rate.

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9.123 Foul Water will discharge to the existing foul water sewer to the north-east of the site on Harland Way. Yorkshire Water advise that some reinforcement of the off-site sewerage network may be required if this site is to be approved in addition to existing committed and planned development within the catchment of the Wetherby Waste Water Treatment Plant.

9.124 Land Contamination and Pollution

9.125 The application is accompanied by a phase I Geo-Environmental Assessment, which has been considered by the Council’s Environmental protection team. Given the former use of the land as arable farmland, there is potential for contaminants to be present associated with historic agricultural practices. There is also the potential for contamination associated with the former railway use to the north and gas migration from a backfilled quarry approximately 250m to the south. On this basis, the Council’s standard condition to secure a phase II contamination assessment is recommended.

9.126 The site is not in an area noted for poor air quality, nor are there any Air Quality Management Areas within Wetherby. Consequently, there is not a requirement for an Air Quality Assessment of the scheme but in accordance with paragraph 105 of the NPPF it will be necessary, should the application be approved, to secure electric vehicle charging points by condition in order to promote more sustainable forms of private transport.

9.127 ECONOMIC SUSTAINABILITY

9.128 The development of new housing has some economic benefit 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 spend money in the locality, creating some benefit for local businesses, and the Council would benefit from New Homes Bonus and increased Council Tax revenue.

9.129 Officers accept that these benefits are not quantified, and are unlikely to be significant on their own in terms of the regional economy. However, it is an

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accepted planning consideration that house building has a degree of economic benefit, which weighs in favour of the application.

10.0 OTHER MATTERS

10.1 The Council has consulted the relevant bodies on this application and has then engaged further with local authorities to seek a resolution to key issues affecting the application. The duty to Cooperate is a function of Local Plan preparation and is not relevant in this context to the determination of individual planning applications.

10.2 Consultation on the application was sent to Leeds City Council on the 6th June 2017, which they responded to on the 20th June 2017. Following this initial exchange, ongoing discussions have taken place between the then case officer for the application and his counterpart in Leeds. Conversations also took place between the then case officer and the Leeds City Council Transport Department culminating with their formal responses on the application dated 13th February 2018 and 1st March 2018. Discussions with the local highway authorities at both Leeds City Council and North Yorkshire County Council have met with the requirements of Paragraph 31 of the National Planning Policy Framework to promote sustainable transport.

10.3 Following the deferral of the application by the Planning Committee discussions have been undertaken directly with the Education Department at Leeds City Council, North Yorkshire County Council and agreement has been reached about considering a fair split of the Education contributions that are supported by the Harrogate District Local Plan and adopted guidance.

10.4 The NPPF advises at paragraph 127 that developments should create places that are safe, inclusive and accessible and which promote health and well- being, with a high standard of amenity for existing and future users; and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience. The recommendations made by the Police Architectural Liaison Officer are relevant in this regard and the developer can be required by condition to demonstrate how the

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crime prevention measures recommended by the Officer have been taken into account, when an application for the reserved matters is submitted.

10.5 It is understood that the site comprises Grade 2 and 3 agricultural land, within the definition of best and most versatile. At 13.7Ha, however, the development of this land for housing would not be considered to represent the ‘significant’ development of agricultural land envisaged by the NPPF. Natural England is a statutory consultee on applications relating to the loss of agricultural land over 20 Ha. It is considered that this 20Ha threshold is a good guide for what could be considered significant loss. Notwithstanding the application site being below this threshold, Natural England has been consulted on the application and has not raised any objection to the loss of the agricultural land.

11.0 PLANNING BALANCE & CONCLUSION

11.1 In accordance with paragraph 11 of the NPPF, the proposal should be considered within the context of the presumption in favour of sustainable development. In the absence of a 5 years supply of housing the “tilted balance” in paragraph 11 applies, and permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies of the NPPF taken as a whole.

11.2 The proposed development has clear social benefits in making a contribution to the Council’s shortfall of both open market and affordable housing, and seeking to reduce such a deficit. This is a social benefit of development that carries significant weight in favour of the application. The site is located in proximity to the key bus network, which offers a good service and allows commuting to the nearest main centres of Wetherby and Harrogate and to Leeds city centre as well as accessibility to local community facilities including via an established off-road cycle route. The development will provide for the enhancement of these community facilities where required to accommodate the population growth generated by the housing. These social factors weigh in favour of locating development on this site.

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11.3 The landscape and visual effects of development can be reasonably mitigated at the detailed design stage and with the proposed structure planting will reduce over time, whilst this site has the potential to integrate well with the character and appearance of the existing settlement. Other environmental factors, including the effect on heritage assets, highway safety and capacity, foul and surface water drainage provision, and the effect on the amenity of existing residents and user of public rights of way are either acceptable or can be made acceptable by condition. Officers do not find any environmental factors that would significantly or demonstrably outweigh the social benefits, and modest economic benefits of development.

11.4 This report demonstrates that no significant and demonstrable harm exists to outweigh the benefits of development and therefore, in accordance with the presumption in favour of sustainable development at paragraph 11 of the National Planning Policy Framework, Officers recommend that members support the application.

12.0 RECOMMENDATION

12.1 That the application be DEFERRED and APPROVED subject to conditions and a S106 Agreement

Reason for deferral

To allow for the completion of a satisfactory Section 106 Legal Agreement to make provision for the following matters:

- A financial contribution of £257,460 payable to Leeds City Council for off- site highway improvement schemes within Wetherby;

- A financial contribution of £40,000 payable to Leeds City Council for upgrading two bus stops on Harrogate Road with shelters and real-time passenger information;

- A financial contribution payable to Harrogate Borough Council to distribute to Leeds City Council for surfacing and lighting enhancements to the Harland Way cycle route;

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- A financial contribution payable to North Yorkshire County Council for a traffic regulation order to extend the 30mph speed limit on Harrogate Road;

- A financial contribution of £5000 payable to North Yorkshire County Council for travel plan monitoring.

Proposed Conditions

1 No development shall take place without the prior written approval of the Local Planning Authority of all details of the following reserved matters -

(a) access within the site;

(b) appearance

(c) landscaping

(d) layout; and

(e) scale.

Thereafter the development shall not be carried out otherwise than in strict accordance with the approved details.

2 Application for the approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission The development hereby permitted shall be begun on or before the expiration of two years from the final approval of reserved matters or in the case of approval on different dates, the final approval of the last such matter to be approved.

3 Unless modified by other conditions of this consent, development shall be carried out in substantial accordance with the following approved plan:

1716.01 Location Plan dated April 2017

7014-L-02 Structural Landscape Framework Plan dated 28 February 2018

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ITM10335-GA-004 Revision B Proposed Site Access Junction on Harrogate Road (Ghost Island Option) dated 16.02.2017

4 The development shall not be begun until a detailed assessment of the requirement for the provision of affordable housing as part of the development with regard to the "Planning obligations" section of the Planning Practice Guidance (or any guidance or legislation revoking and re-enacting that Guidance with or without modification), has been submitted to and approved in writing by the Local Planning Authority. The assessment shall include where appropriate a scheme of provision of affordable housing which shall meet the definition of affordable housing in Annex 2 of the National Planning Policy Framework or any future guidance that replaces it and the affordable housing shall be provided in accordance with the scheme as approved by the Local Planning Authority. The scheme shall include:

(a) The numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 40% of housing units (subject to viability);

(b) The timing of construction of the affordable housing and its phasing in relation to the occupancy of the market housing;

(c) The arrangements for the transfer of the affordable housing to an affordable housing provider (or the management of the affordable housing if no such provider is involved);

(d) The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

(e) The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

The development shall not be occupied until the approved scheme has been carried out and it shall thereafter be retained.

5 No development shall take place until either -

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(a) Full details of public open space and village halls provision to serve the development in accordance with Policy C1 of the Harrogate District Core Strategy have been submitted to an approved by the Local Planning Authority and agreement has been reached with the Local Planning Authority as to the provision of the same and their subsequent management and maintenance.

(b) Alternative arrangements for the provision of open space and village halls have been submitted to and approved in writing by the Local Planning Authority.

6 No development shall take place until the Local Planning Authority has approved in writing the details of arrangements for the provision of improved educational facilities in the locality to serve future residents and details of the timescale for the provision of such facilities. Thereafter the measures shall be carried out in accordance with the approved scheme.

7 No plant or materials shall be brought onto site until:

i) A tree protection plan and specification has been submitted to and approved in writing by the Local Planning Authority demonstrating the provision of root protection fencing in line with the requirements of British Standard 5837:2012 'Trees in Relation to Construction - Recommendations' or any subsequent amendment to that document around all trees, hedges, shrubs or other planting to be retained;

ii) The root protection area fencing has been installed in accordance with the approved plan and specification.

Thereafter, development shall be carried out in accordance with the approved details and the fencing shall be retained until development subject to this consent is complete. There shall be no excavation or other alteration of ground levels, storage of materials or plant, parking of vehicles, deposition of soil or rubble, lighting of fires or disposal of liquids within any area fenced off as part of the tree protection plan and specification.

8 PART A

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Any reserved matters application for layout shall be accompanied by an Arboricultural Impact Assessment and method statement carried out in accordance with British Standard BS5837:2012 'Trees in relation to construction.' Such assessment shall demonstrate how the proposed layout has taken account of retained trees on or adjacent to the site with regard to residential amenity, and detail any proposals for tree works. Thereafter, the impact assessment and method statement shall be approved in writing by the local planning authority prior to commencement of development and development carried out in accordance with the approved details.

PART B

No dwelling subject to this permission shall be occupied until an Arboricultural Management Plan has been submitted to, approved in writing by the Local Planning Authority and thereafter implemented. The plan shall make provision for the following:

i) The pruning back of low foliage from trees on the northern side of Harrogate Road to maintain visibility of 75 metres from a point 0.4 metres back from the kerb line at the eastbound bus stop. The eye height shall be 1.05 metres and the object height shall be 0.6 metres.

9 No demolition or vegetation removal shall take place within the main bird nesting season (March to September inclusive) until a pre-commencement check is carried out by a qualified ecologist no earlier than 48 hours before works take place and the qualified ecologist confirms in writing to the Local Planning Authority prior to vegetation removal that no actively nesting birds will be affected by the works.

10 Prior to submission of reserved matters, Bat Activity and Bat Roost Potential of Tree Surveys shall be carried out at the appropriate time of year by a qualified ecologist. The survey results shall be submitted with the reserved matters application as part of an Ecological Mitigation and Enhancement Plan that:

i) Demonstrates how the detailed layout and design of the development has been informed by the results of the surveys and the findings of the fpcr

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Ecological Appraisal dated March 2017 and submitted with this outline application;

ii) Demonstrates mitigation and enhancement proposals for both species and habitats.

Thereafter no demolition or site clearance, or commencement of development shall take place until the Local Planning Authority has approved in writing the ecological mitigation and enhancement plan, and development shall thereafter be carried out in accordance with the approved details.

11 No demolition or site clearance shall take place until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall provide for appropriate precautions to be taken during the construction phase relating to bats, nesting birds, badgers and reptiles and thereafter development shall be carried out as approved.

12 No development related to the formation of any highway to be retained upon completion of the development shall be carried out until the following drawings and details have been submitted to and approved in writing by the Local Planning Authority:

(a) Detailed engineering drawings to a scale of not less than 1:500 and based upon an accurate survey showing:

(i) the proposed highway layout including the highway boundary

(ii) dimensions of any carriageway, cycleway, footway, and verges

(iii) visibility splays

(iv) the proposed buildings and site layout, including levels

(v) accesses and driveways

(vi) drainage and sewerage system, including measures to prevent surface water from non-highway areas discharging onto the public highway

(vii) lining and signing

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(viii) traffic calming measures

(ix) all types of surfacing (including tactiles), kerbing and edging.

(b) Longitudinal sections to a scale of not less than 1:500 horizontal and not less than 1:50 vertical along the centre line of each proposed road showing:

(i) the existing ground level

(ii) the proposed road channel and centre line levels

(iii) full details of surface water drainage proposals.

(c) Full highway construction details including:

(i) typical highway cross-sections to scale of not less than 1:50 showing a specification for all the types of construction proposed for carriageways, cycleways and footways/footpaths

(ii) when requested cross sections at regular intervals along the proposed roads showing the existing and proposed ground levels

(iii) kerb and edging construction details

(iv) typical drainage construction details.

(d) Details of the method and means of surface water disposal.

(e) Details of all proposed street lighting.

(f) Drawings for the proposed new roads and footways/footpaths giving all relevant dimensions for their setting out including reference dimensions to existing features.

(g) Full working drawings for any structures which affect or form part of the highway network.

(h) A programme for completing the works.

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

13 No dwelling to which this planning permission relates shall be occupied until:

A) The carriageway and any footway/footpath from which it gains access is constructed to basecourse macadam level and/or block paved and kerbed and connected to the existing highway network with street lighting installed and in operation;

B) The related parking facilities have been constructed in accordance with the details approved under condition 8. Once created these parking areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

C) The foul and surface water drainage network serving the dwelling has been completed.

14 No development shall commence until the details of the construction access have been submitted to, approved in writing by the Local Planning Authority and thereafter constructed in accordance with the approved details for a minimum distance of 30 metres into the site. Once created no construction vehicles shall access the site except via the approved construction access.

15 No development shall commence until full details (including a timetable for implementation) of an emergency vehicle access into the application site have been submitted to and approved in writing by the Local Planning Authority. Thereafter development shall be carried out in accordance with the approved details.

16 There shall be no access or egress by any vehicles between the highway and the application site (except for the purposes of constructing the initial site access) until splays are provided giving clear visibility of 144 metres in a north westerly direction and 143 metres in a south easterly direction measured along both channel lines of the major road (Harrogate Road) from a point measured 2.4 metres down the centre line of the access road. The eye height

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will be 1.05 metres and the object height shall be 0.6 metres. Once created, these visibility areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

17 PART A:

Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works, or the depositing of material on the site in connection with the construction of the access road or building(s) or other works until:

(i) The details of the following off site required highway improvement works listed below have been submitted to and approved in writing by the Local Planning Authority;

(ii) An independent Stage 1/2 Road Safety Audit for the agreed off site highway works has been carried out in accordance with HD19/15 – Road Safety Audit or any superseding regulations and the recommendations of the Audit have been addressed in the proposed works.

(iii) A programme for the completion of the proposed works has been submitted to and approved writing by the Local Planning Authority.

The required highway improvements shall include:

a) Alterations within the public highway to provide a right turn lane on Harrogate Road;

b) Provision of a footway on the northern side of Harrogate Road to link the site access with the existing footway provision. To include any necessary lighting and drainage;

c) provision of bus boarder kerbs and any required footway widening to facilitate the enhancement of the eastbound and westbound bus stops to the south east of the site.

PART B:

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Unless otherwise approved in writing by the Local Planning Authority in consultation with the Highway Authority, no dwelling shall be occupied until the following highway works have been constructed in accordance with the details approved in writing by the Local Planning Authority under Part A:

a) Alterations within the public highway to provide a right turn lane on Harrogate Road;

b) Provision of a footway on the northern side of Harrogate Road to link the site access with the existing footway provision. To include any necessary lighting and drainage;

c) provision of bus boarder kerbs and any required footway widening to facilitate the enhancement of the eastbound and westbound bus stops to the south east of the site.

18 No development for any phase of the development shall take place until a Construction Management Statement and plan for that phase has been submitted to, and approved in writing by, the Local Planning Authority in consultation with the Local Highway Authority. The approved Statement shall be adhered to throughout the construction period for the phase. The statement shall provide for the following in respect of the phase:

a. location(s) for the parking of vehicles of site operatives and visitors clear of the public highway;

b. location(s) for the loading and unloading of plant and materials;

c. locations (s) for the storage of plant and materials used in constructing the development;

d. erection and maintenance of security hoarding including decorative displays and facilities for public viewing where appropriate;

e. measures to prevent the deposit of mud/grit/dirt on the public highway with wheel washing facilities where appropriate;

f. measures to control the emission of noise, vibration and dust during construction;

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g. management, routing and control of HCV construction traffic;

h. Construction phase delivery and working hours not to exceed 08:00 to 18:00 Monday to Friday, 08:00 to 13:00 on Saturday, and not at all on Sunday or Public Holidays;

i. Construction phase surface water management proposals including detailed drawings as appropriate.

j. Traffic management plan;

19 No dwelling shall be occupied until a Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the Travel Plan shall be implemented and the development shall be carried out and operated in accordance with the Travel Plan.

20 Prior to commencement of development, details of pedestrian and cycle links to the Harland Way, and the boundary with the development site to the south east, (to include a timetable for their construction) shall be submitted for the written approval of the Local Planning Authority. Thereafter development shall be carried out as approved.

21 No development above ground floor slab level shall take place until the following has been submitted for the approval in writing of the local planning authority:

A) A scheme demonstrating the type and location of electric vehicle charging points to serve the development hereby permitted at a minimum standard of one 'Mode 3' charging point per dwelling.

B) A scheme demonstrating the type and location of secure, covered cycle storage for each dwelling.

Thereafter development shall be carried out as approved and no dwelling shall be occupied until its electric vehicle charging point and cycle storage facility has been provided.

22 The site shall be developed with separate systems of foul and surface water drainage on and off site.

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23 No surface water drainage infrastructure shall be installed until a scheme has been submitted to, and approved in writing by the Local Planning Authority showing details of the proposed surface water drainage strategy. No piped discharge of surface water from the application site shall take place until the approved works to provide a satisfactory outfall has been completed. The scheme shall be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development and will include:

(a) the results of infiltration testing to determine the feasibility of surface water disposal by infiltration. Should disposal by infiltration not be feasible;

(b) disposal to the public surface water sewer at a restricted discharge rate of no more than 5 litres per second for all storm scenarios;

(c) a drainage system designed with sufficient on site attenuation so that flooding does not occur on any part of the site for a 1 in 30 year rainfall event, nor any flooding for a 1 in 100 year rainfall event in any part of a building (including a basement) or in any utility plant susceptible to water (e.g pumping station or electricity substation) within the development, except within an area that is designed to hold and/or convey water. Calculations shall include a 40% allowance for climate change and urban creep;

(d) a site plan showing the exceedence flow routes during extreme storm conditions over the 1 in 100 year event or exceedence or failure of the drainage system.

(e) a timetable for its implementation.

Thereafter development shall be carried out as approved.

24 No dwelling to which this permission relates shall be occupied until the following has been submitted to and approved in writing by the Local Planning Authority:

On-going management and maintenance proposals for the surface water drainage scheme approved under condition 19 to include drawings showing any surface water drainage assets to be adopted by the statutory

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undertaker/local highway authority and subsequently maintained at their expense along with written confirmation of their agreement to adopt the same. For any surface water drainage assets not to be adopted by the statutory undertaker/local highway authority and not falling within individual dwelling curtilages the following shall be demonstrated:

i) funding arrangements for on-going maintenance;

ii) the organisation responsible for future maintenance;

iii) copies of any legal agreement to be established with future home owners;

iv) physical access arrangements;

v) establishment of legal rights of access in perpetuity;

vi) maintenance requirements and frequency;

vii) procedures to assure on-going maintenance if the organisation responsible for future maintenance ceases to exist.

Thereafter development shall be carried out and operated in accordance with the approved details.

25 No dwelling shall be occupied until a scheme, to ensure that on-site and off- site foul sewerage infrastructure designed to serve the whole development is of adequate capacity to ensure proper disposal to the receiving public sewer network, has been submitted to and approved in writing by Local Planning Authority.

Thereafter the approved scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme and the number of properties to be constructed within that phase, or within any other period or number of properties as may subsequently be agreed in writing by the Local Planning Authority.

26 Development shall not commence until details of the means of protecting the 5" water main that is laid within the site boundary have been submitted to and approved by the Local Planning Authority. Thereafter construction in the

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affected part of the site shall not commence until the means of protection have been implemented in accordance with the approved details.

27 Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until sections A to D have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until section D has been complied with in relation to that contamination.

A. SITE CHARACTERISATION

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:

* human health,

* property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

* adjoining land,

* groundwaters and surface waters

* ecological systems

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* archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

B. SUBMISSION OF REMEDIATION SCHEME

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

C. IMPLEMENTATION OF APPROVED REMEDIATION SCHEME

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise approved in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

D. REPORTING OF UNEXPECTED CONTAMINATION

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and

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risk assessment must be undertaken in accordance with the requirement of section A, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of section B, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with section C.

28 PART A

Reserved matters shall be submitted alongside a Crime Prevention Statement demonstrating how the appearance, landscaping, layout and scale of the development has addressed the issues raised by the Police Designing Out Crime Officer at Outline stage. Justification should be given for any measures proposed by the Officer that are not to be incorporated into the development. The Crime Prevention Statement shall be subject to the approval in writing of the Local Planning Authority as part of the reserved matters application, and shall thereafter be carried out as approved.

PART B

Prior to commencement of development, a scheme demonstrating the measures to be taken to minimise the risk of crime on the site during the construction phase shall be submitted for the written approval of the Local Planning Authority. Thereafter the scheme shall be implemented as approved.

29 No more than 210 dwellings shall be constructed pursuant to this permission.

30 Prior to submission of reserved matters, an archaeological evaluation of the application site shall be carried out to comprise a geophysical survey followed by trial trenching as appropriate. The results of this evaluation shall be submitted with any reserved matters application for layout, demonstrating where necessary how the site layout has taken account of the results of the archaeological evaluation.

31 PART A:

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In the event that that the archaeological evaluation carried out under condition 30 warrants a scheme of archaeological mitigation recording, no demolition or site clearance shall commence until an Archaeological Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and:

1. The programme and methodology of site investigation and recording

2. Community involvement and/or outreach proposals

3. The programme for post investigation assessment

4. Provision to be made for analysis of the site investigation and recording

5. Provision to be made for publication and dissemination of the analysis and records of the site investigation

6. Provision to be made for archive deposition of the analysis and records of the site investigation

7. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.

Thereafter no demolition or site clearance shall take place other than in accordance with the approved Written Scheme of Investigation

PART B:

No dwelling shall be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under part A and the provision made for analysis, publication and dissemination of results and subsequent archive deposition has been secured.

32 No development shall commence until a scheme (to include detailed planting drawings) for the implementation and thereafter the long term management and maintenance of the structure planting identified on drawing ref: 7014-L-02 under condition 3 of this consent has been submitted to and approved in

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writing by the Local Planning Authority. Amongst the implementation, management and maintenance measures, which shall cover a period of at least 25 years following implementation, the scheme shall demonstrate that planting of the structural landscaping shall be carried out within the first planting season following commencement of development. Thereafter development shall be carried out in accordance with the approved details.

Reasons for Conditions:-

1 To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.

2 To ensure compliance with sections 91-94 of the Town and Country Planning Act 1990.

3 In the interests of proper planning and for the avoidance of doubt.

4 To ensure that affordable housing is provided on site.

5 In order to secure compliance with Policy C1 of the Harrogate District Core Strategy in relation to the provision of open space and village halls for residential development.

6 In order to secure compliance with Policy C1 of the Harrogate District Core Strategy.

7 In the interests of the health and amenity of the tree(s).

8 In the interest of the health and amenity value of the trees, residential amenity and highway safety.

9 To ensure the development avoids harm to biodiversity in accordance with paragraph 175 of the National Planning Policy Framework

10 To ensure the development avoids harm to biodiversity, and takes the available opportunities for enhancement, in accordance with paragraph 175 of the National Planning Policy Framework.

11 In order to avoid significant harm to biodiversity in accordance with Paragraph 175 of the National Planning Policy Framework

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12 To secure an appropriate highway constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of highway users.

13 In the interests of highway safety and amenity, and satisfactory and sustainable drainage

14 To ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience.

15 To ensure a satisfactory means of access to the site from the public highway for emergency vehicles in the interests of vehicle and pedestrian safety and convenience.

16 In the interests of highway safety

17 In the interests of highway safety and amenity.

18 In the interests of highway safety, residential amenity and to minimise the risk of flooding.

19 To establish measures to encourage more sustainable non-car modes of travel

20 To ensure a satisfactory means of pedestrian and cycle access to the site.

21 To ensure the development makes provision for ultra-low emission vehicles and sustainable travel choices in accordance with paragraph 105 of the National Planning Policy Framework.

22 In the interests of satisfactory and sustainable drainage.

23 In the interests of satisfactory and sustainable drainage.

24 In the interests of satisfactory and sustainable drainage

25 To ensure the site can be properly drained without risk of pollution to the local aquatic environment, and in the interests of public health and public amenity.

26 In order to protect the public water supply

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27 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policies SG4 and EQ1 of the Harrogate District Core Strategy.

28 To minimise the risk of crime and disorder, and the fear of crime from undermining quality of life, in accordance with paragraph 127 of the National Planning Policy Framework.

29 For the avoidance of doubt

30 In accordance with Section 16 of the National Planning Policy Framework because the site is of archaeological interest.

31 In accordance with Section 16 of the National Planning Policy Framework because the site is of archaeological interest.

32 To ensure the early establishment and long term development of the structural landscaping, in the interests of visual amenity and the landscape character of the area.

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.

Case Officer: Kate Williams Expiry Date: 29 August 2017

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