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17-04059-Fulmaj Case No. 17/04059/FULMAJ Item No. 4 Location: Land Comprising Field At 438371 473369, Topcliffe Road, Dishforth, North Yorkshire. Proposal: Erection of 56 dwellings, associated garaging, walls and fences installation of railings and gates and formation of associated access, hardstanding, landscaping and bin store. Applicant: Newett Homes Access to the case file on Public Access can be found here:- view file Reason for report: This application is to be presented to the Planning Committee because the development is for more than 49 dwellings. SUMMARY In accordance with Para. 49 of the NPPF the proposal is considered in the context of the presumption in favour of sustainable development. In the absence of a 5 years supply of housing the "tilted balance" in Para. 14 of the NPPF establishes that 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. The report demonstrates that there are no economic or environmental effects of development that significantly or demonstrably outweigh the social benefits of providing new housing in this location. The development would not cause undue harm to neighbouring property and can be residents can be appropriately safeguarded from noise arising from the A168. RECOMMENDATION: Defer and Approve subject to conditions and a S106 Agreement 17/04059/FULMAJ 1 17/04059/FULMAJ 2 17/04059/FULMAJ 3 1.0 SITE DESCRIPTION 1.1 This 2 hectare site comprises two Grade 3 Agricultural fields, one of which is partly the subject of a separate approved application for 5 dwellings (case no.17/02226/REM), the area of which is excluded from this application. 1.2 Aside from the area the subject of that separate application, the south- western boundary largely adjoins existing residential development on Forest Drive and Topcliffe Avenue, and the south-eastern boundary Topcliffe Road. Further agricultural land lies to the north west and north east with the A168 dual carriageway passing by to the north. A waste water treatment works lies to the south-east side of Topcliffe Road. 1.3 A stream, known as Soppa Gutter, flows along the north eastern side of the site with a flood zone extending partly into the site. 2.0 PROPOSAL 2.1 56 dwellings are proposed, at a density across the whole site of 28 dwellings / hectare. Access would be from Topcliffe Road opposite that to the sewerage works and 22 of the dwellings would be affordable; 4 no. 1 bed, 13 no. 2 bed and 5 no. 3 bed positioned as semi-detached properties and a pair of terraces comprising three dwellings. Open market dwellings comprise 4 no. 2 bed detached, 10 no. 3 bed semi-detached, 7 no. 3 bed detached and 13 no. 4 bed detached. 2.2 Three properties adjacent to the north-west boundary are indicated as being fitted with enhanced glazing and alternative ventilation, and eleven properties to the north east are noted as being fitted with two different thicknesses of glazing and alternative ventilation. 2.3 A surface water attenuation storage tank is proposed at the eastern part of the site and the land here would be open space. 3.0 APPLICANT'S SUPPORTING INFORMATION 3.1 The application is supported by the following documents; - Air Quality Assessment - Contaminated Land Assessment - Design and Access Statement - Flood risk assessment / Drainage and SuDs assessment 17/04059/FULMAJ 4 - Noise Impact Assessment - Planning Statement - Preliminary Ecological Appraisal - Preliminary Ground Condition Investigation - Transport Statement - Tree and Hedgerow Survey Report - Water Vole Survey 4.0 RELEVANT HISTORY 4.1 The application site together with that of adjacent approval for 5 dwellings (case no. 17/02226/REM) is housing allocation DF4 in the draft local plan. 5.0 NATIONAL & LOCAL POLICY 5.1 National Planning Policy 5.2 The National Planning Policy Framework March 2012 (NPPF) sets out the Government’s planning policies for England and how these are expected to be applied. Planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework is a material consideration in planning decisions. 5.3 At the heart of the NPPF is a presumption in favour of sustainable development. 5.4 Core Strategy Policy C1 Inclusive communities Policy EQ1 Reducing risks to the environment Policy EQ2 The natural and built environment and green belt 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 TRA1 Accessibility Policy TRA2 Transport infrastructure Policy TRA3 Travel management 17/04059/FULMAJ 5 5.5 Harrogate District Local Plan (2001, As Altered 2004) Policy C2 Landscape Character Policy H5 Affordable Housing Policy HD13 Trees and Woodland Policy HD20 Design of New Development and Redevelopment 5.6 Supplementary Planning Documents Green Infrastructure Biodiversity Design Guide Biodiversity Action Plan Landscape Character Assessment of Harrogate District House Extensions and Garages Design Guide Residential Design Guide 5.7 Other material policy considerations: 5.8 National Planning Practice Guidance 6.0 CONSULTATIONS 6.1 County Education Officer – Predicts Dishforth CofE Primary School will have 9 surplus places in 2021/2022 and that this development will create a need for 14 places. Therefore, requires a contribution of £67,980 towards resolving the predicted shortfall of 5 places. 6.2 Yorkshire Water – Express concern due to the proximity of the waste water treatment works (WWTW) and pumping station due to malodour and/or noise created by those facilities. Also concerned over the location of the access opposite that to WWTW and potential risk to highway safety. Request any approval includes a conditions in respect of surface water and protection of a water main. 6.3 NYCC Highways And Transportation – Do not object. Advise required visibility splays of 2.4m x 43m are shown as being achievable. Require a footway along Topcliffe Road. Request conditions including Construction Traffic Management Plan, detailed plans and construction of road and footway layout, parking for dwellings, precautions to prevent mud on the highway, onsite parking storage and construction traffic during development, and routing of construction traffic. With regard to the concern of Yorkshire Water consider traffic movements into the Yorkshire Water site would be classed as low, and therefore the risk to highway safety is very low. 17/04059/FULMAJ 6 6.4 Environmental Health Officer – Does not object. - Requests a contaminated land assessment is conditioned. - Advises that in terms of protection of the most exposed areas from traffic noise the proposed layout is a good design compromise, together with the provision of appropriate barriers, fences and walls. May be necessary for windows to be kept closed in certain more exposed locations of the development but if this is necessary then suitable ventilation will be needed over and above trickle ventilation which means occupants will have the option to keep their windows closed in all weather conditions. The protection to the outdoor garden amenity areas incorporates attenuation through distance, acoustic fence and in the most exposed area the use of the proposed buildings as a barrier and so locating gardens out of sight of the A168. Nevertheless requires a noise condition be imposed on any approval. - Considers that the submitted air quality assessment is not in line with the Technical Guidance as the model results have not been verified against monitoring data, however having looked at other data relating to monitoring in similar situations and traffic flows and the information that has been submitted, acknowledges that the distance to the properties and decreasing concentrations mean that concentrations are likely to be in line with those given in the air quality assessment. - With regard to the concern of Yorkshire Water, in terms of noise, notes there is a buffer and the issue was not raised in the submitted assessments. Agrees sometimes there may be some odour amenity loss but does not have any evidence to oppose the proposal on this basis. - Requires conditions also in respect of electric vehicle charging points, dust and noise management plans and construction hours restricted to 08:00 to 18:00 Hours Monday to Friday and 08:00 to 13:00 hours on Saturday. 6.5 Police Architectural Liaison Officer – Provides advice and recommendations for a safe and secure environment; including natural surveillance, car parking and lighting arrangements. 6.6 NYCC Lead Local Flood Authority (SuDS) – Provides advice and comments on specific surface water drainage matters which are addressable through the conditions of any approval. 6.7 Environment Agency - Dales Area Office – Have no objections. 17/04059/FULMAJ 7 6.8 Swale And Ure Drainage Board (Includes Claro) – Advise that their separate consent may be needed. 6.9 Heritage Unit of NYCC - Notes the submitted Geophysical Survey Report and advises no further archaeological work is required 6.10 Housing Department - Are satisfied with the arrangement of the affordable dwellings that are proposed. 6.11 DCS Open Space – Advise that off site contributions will be required for the enhancement of the Cemetery and Amenity Greenspace (£16,224 and £19,968 respectively) at Duckhill Lane off Topcliffe Road to the north east, as well as the enhancement of Dishforth Village Hall (£82,811,15). 7.0 VIEWS OF THE PARISH COUNCIL 7.1 Objects. Grounds of objection are drainage including existing issues known to Yorkshire Water including twice weekly tankering of effluent, increased traffic, limited bus service, no local shop, query ability of school to cope, and consider this application to be over development given existing approved residential developments around the village. 8.0 OTHER REPRESENTATIONS 8.1 Representations received from 17 authors.
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