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

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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

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- 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

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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.

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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.

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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. The full individual representations may be read through public access and are summarised as follows:-

- Boundary in adjacent paddock

- Contrary to current local plan / core strategy.

- Density too high; with existing approvals will almost double the village.

- Drainage problem including standing water on the site and sewerage works inability to cope without tankering away which will increase.

- Infrastructure needed before any more dwellings.

- High density; poorly located affordable dwellings.

- Increased traffic; impact on air quality.

- Lack of local need for dwellings. Should be around Harrogate / Knaresborough / Ripon.

- Lack of adequate school places.

- Loss of wildlife habitats; Water Voles in Soppa Gutter.

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- More houses than emerging local plan proposes; does not mean it is suitable.

- No childrens play area.

- No local shop (despite comments in submitted planning statement), doctors, dentist, church or chapel. Just two public houses, village hall and a part time post office.

- Need for trees to be replanted.

- Need to protect greenfield land / retain agricultural land.

- Noise and pollution from A168 ; submitted noise report manipulated and accuracy queried. Own readings by one author noticeably higher.

- Poor road surface unsuitable for construction vehicles; noise and mess on highway.

- Proximity to sewerage works

- Reduced width of wildlife strip

- Relationship with approved scheme adjacent.

- Site will be land banked not developed.

- Transport statement worthless, inappropriate to cycle to work, bus service limited.

9.0 ASSESSMENT

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

i) The suitability of the site for housing development having regard to matters of planning policy and housing land supply;

ii) The effect of development on the amenity of existing residents, and future residents;

iii) The effect of development on the locality;

iv) The effect of development on highway safety, traffic generation and the ability of future residents to access sustainable transport choices;

v) The effect of development on trees and the local ecology;

vii) The infrastructure requirements and any developer contributions necessary to make development acceptable.

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9.2 Sustainability

9.3 Sustainability is the golden thread running through the National Planning Policy Framework, and proposals for sustainable development should be approved without delay. There are three strands to sustainability, social, economic and environmental. These are discussed below in conjunction with sub paragraphs contained within each strand.

SOCIAL SUSTAINABILITY

9.4 Housing Land Supply

9.5 The Council’s Housing and Economic Development Needs Assessment (HEDNA) provides information on objectively assessed housing need. An updated housing supply position at April 2018 concluded that there is a 4.5 years supply of housing land, including a 20% buffer and shortfall, which equates to an annual requirement for 1026 dwellings.

9.6 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 can be given only limited weight, as can Core Strategy Policies SG1, SG2 and SG3. The fact that the site lies outside the development limit for Dishforth, as defined in the 2001 Harrogate District Local Plan, is not therefore an issue that significant weight can be attached to.

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

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

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- Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits of the development, when assessed against to policies in the NPPF taken as a whole; or

- Specific policies in the NPPF indicate that development should be restricted.

9.9 The application site is identified as an allocation for housing in the Council’s draft Local Plan, although this carries very limited weight in the overall assessment.

9.10 Affordable Housing

9.11 The Saved Harrogate District Local Plan Policy H5 requires 40% provision of affordable housing on the subject site, and this is provided for in the scheme before members.

9.12 The proposed development will help meet the aim of increasing housing supply, including the provision of affordable housing to help meet the demands of the District. This carries substantial weight in the assessment of the proposal.

9.13 The provision of the affordable houses would be the subject of a legal agreement if the application is supported by the planning committee.

9.14 Conclusion on Social Issues

9.15 The proposed development does not raise any issues that weigh significantly against the proposal on this ground.

9.16 ENVIRONMENTAL SUSTAINABILITY

9.17 Character and Appearance

9.18 Core Strategy SG4 advises that the scale, density layout and design should make the most efficient use of land and be well integrated with and complimentary to neighbouring buildings and the spatial qualities of the area. In addition, development must be appropriate to the form and character of the settlement. Policy EQ2 which seeks to protect and enhance the District’s built and natural environment and ensure that new development incorporates high quality and distinctive design.

9.19 The NPPF advises that “Planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to

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conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness.”

9.20 The proposed dwellings are of appropriate scale and design.

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9.21 Amenity - impact on existing and proposed residents

9.22 It is a core principle within paragraph 17 of the NPPF that the planning system should always seek to secure a good standard of amenity for all existing and future occupants of land and buildings. This is embodied in saved Local Plan policy HD20 which requires development to protect the privacy and amenity of neighbouring residents and occupiers of adjoining buildings, and Core Strategy Policy SG4 which requires development to protect and where possible enhance residential amenity.

9.23 The Council’s House Extensions and Garages Design Guide is an adopted supplementary planning document in support of saved Local Plan policy HD20. Aimed primarily at householder development, its annexes do provide guidance on separation distances between dwellings to maintain residential amenity, which is equally as relevant to new residential development. The proposed dwellings are appropriately separated from themselves , existing properties on Thornfield Avenue and Forest Drive, and the five dwellings proposed adjacent.

9.24 The end use of the development site as residential dwellings would not be expected to give rise to in-principle concerns relating to noise generation for existing residents. This is not an inherently noisy land-use. Construction on the other hand does create noise and Officers would recommend a condition to protect neighbouring residents from the adverse effects of this by restricting working hours.

9.25 Dust generation can also be problematic to neighbouring residents during construction and the developer will be expected to submit by condition a dust mitigation strategy to minimise the effect of this on existing residents and the wider environment.

9.26 Planning decisions must also consider the amenity of potential future residents. In this instance the site is in close proximity to the A168 trunk road, the carriageway being to the north and a potential source of noise disturbance, traffic noise, to future residents of the proposed development.

9.27 The proposed dwellings nearest the A168 incorporate glazing and ventilation to mitigate noise impacts together with a 2.5m high heavy duty timber fence is to be positioned along the majority of the north west boundary and the northernmost section of the north east boundary. Whilst noting the representation that has been received, An appropriate level of amenity can be assured through specific noise levels not being breached and this would be the subject of a condition of any consent.

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9.28 The waste water treatment works to the south-east is a further potential negative amenity issue. The Environmental Health Officer however has no evidence to oppose the proposal on this ground and given the overriding prevailing wind direction being of westerly compass points then the issue is not one that can be considered to be substantive.

9.29 In terms of relationships between the proposed dwellings themselves there is concern that if pretermitted development rights for dormers were to be enacted there could be an inappropriate loss of privacy for some properties and consequently rights for such should be withdrawn from plots where this is a potential concern. Two plots (30 and 40) have limited curtilages and development beyond a small shed in those should also be restricted.

9.30 Landscape

9.31 As there is a need in the Harrogate District to plan for new green field development (as previously developed sites will not meet the annual housing requirement of 669 dwellings), there is an acceptance by Officers that the character of the landscape affected by development will change. The approach adopted is to mitigate this impact where possible to minimise the impact of development. Development should only be refused on landscape grounds, outside of any designated landscape, where harm caused to the character of the landscape, or the visual impact of development is significant, and demonstrably so.

9.32 The 2004 Harrogate District Landscape Character Assessment, Supplementary Planning Guidance to Saved Local Plan Policy C2, offers developer guidelines to ensure that new development integrates well into the existing landscape. This site lies within Landscape Character Area 81 ‘Dishforth and surrounding farmland’ and land use is predominantly arable with grass fields on the fringes of settlements. The arable fields are generally large scale with grassland fields smaller to medium sized and bounded by hedges. There is very little woodland cover or individual tree cover.

9.33 The guidelines for new development in this character area seek to maintain the openness of the landscape and its extensive views. Development would not be appropriate if it required extensive screen planting as this would be contrary to the area’s characteristics. New development should instead be integrated with villages and the landscape through soft edges with native hedgerows and trees.

9.34 The development of this site will extend the village of Dishforth into the countryside to a greater extent than has previously been envisaged, however the location for some time has not been a significant approach to the village.

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9.35 The development proposed can be accommodated in this location without causing significant harm to the character of Dishforth. Whilst expanding the built up area of the village beyond its existing boundaries, this expansion would extend a 1970s development in an area where the further scope for development is constrained, for example, by the A168. No longer a main entrance to the village, development as proposed on this site would not adversely intrude into the wider surrounding countryside.

9.36 The landscape impacts of the proposed scheme are considered to be acceptable whilst acknowledging the change brought about by development.

9.37 Loss of Agricultural Land

9.38 aragraph 112 of the NPPF advises local planning authorities to take into account the economic and other benefits of the best and most versatile agricultural land. Where significant development of agricultural land is deemed to be necessary, local planning authorities should seek to use areas of poorer quality in preference to that of a higher quality. In this instance, although the land around Dishforth is washed over on the regional land classification map as being either Grade 2 or 3 (the map implies this site as being Grade 3 although it is not precise enough to identify individual fields and neither does it clarify between Grade 3(a), which together with Grades 1 and 2, is considered 'Best and Most Versatile' land and Grade 3(b) which is not. The loss of 2ha is not considered to represent significant development of this land.

9.39 Highways and Sustainable Transport

9.40 Harrogate District Local Development Framework Core Strategy Policy SG4 requires the travel impact of any development to not add significantly to any pre-existing problems of access, road safety or traffic flow and to have been assessed against the Travel Policies TRA1. TRA2 and TRA3 of the Core Strategy.

Paragraph 33 of the NPPF advises that:

Plans and decisions should take account of whether:

- the opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure;

- safe and suitable access to the site can be achieved for all people; and

- improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development.

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Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.

9.41 Dishforth is listed as a Group C settlement within Core Strategy Policy SG2 as a smaller village with more limited access to jobs, shops and services than those settlements within groups A and B. On this basis the policy sought to restrict market housing to within the existing built up area or very small schemes to ‘round off’ the existing built up area. As discussed above however, only limited weight can be given to policies controlling the distribution of new housing due to the lack of a 5 year housing land supply As such Members should consider whether any significant problems of accessibility exist in this location to warrant overriding the benefits to be gained from the delivery of new housing.

9.42 No objections are raised by the Local Highway Authority to the proposal and the traffic generation that would arise.

9.43 The bus service within Dishforth is limited at five journeys per day Monday to Saturday to west to Ripon and north to Thirsk and Northallerton. These allow for users to arrive in any of those three destinations prior to 09:00 and depart after 17:00 and the service to Ripon accords with the Core Strategy definition of a “good service” for a Group C settlement. The service would allow residents the opportunity to use public transport for commuting and leisure purposes.

9.44 In addition, school bus services operate to local high schools and the village has a primary school, minimising the need for private school transport. Potential future residents of the development site would also have access to a twice weekly Post Office facility, Village Hall, two public houses and a church within the village.

9.45 As additional greenfield sites are required to maintain the five year land supply, this site is well related to an existing settlement with a reasonable degree of accessibility by sustainable transport modes given the nature and location of the site.

9.46 The highways and transport impacts of the proposed scheme are considered to be acceptable, and the application is compliant with the relevant objectives of Core Strategy Policy SG4 and the NPPF.

9.47 Education and Open Space

9.48 A legal agreement will be required, should the application be supported by the committee, in respect of the contributions sought by the Local Education Authority and in respect of Open Space and Village Hall contributions (see Consultations above). The legal agreement would also secure the maintenance of the on site open space that is proposed.

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9.49 Trees

9.50 Saved Policy HD13 of the Harrogate District Local Plan 2001 advises that proposals involving the loss of trees or woodland that contribute to the character or setting of a settlement will not be permitted.

9.51 The site entrance will require the removal of two trees that form a row of trees alongside Topcliffe Road. Tree planting is indicted in the submitted drawings as being part of the development proposal and a landscaping scheme would be required under the terms of any approval.

9.52 Ecology

9.53 Paragraph 118 of the NPPF seeks to ensure that planning decisions aim to conserve and enhance biodiversity. If significant harm resulting from development cannot be avoided, adequately mitigated or, as a last resort, compensated for, then planning permission should be refused.

9.54 In terms of Ecology the proposed hedgerows and habitat creation within the floodplain of Soppa Gutter, using native species of scrub and ground flora are positive benefits. Ideally the area within the floodplain would be entirely retained as green infrastructure however the impact of the scheme can be ameliorated through the use where practicable of a permeable surfacing to the proposed highway.

9.55 It is essential to ensure Himalayan balsam is controlled along with the prevention of light spill onto the watercourse and bankside vegetation, and the protection of nesting birds. These issues can be addressed through the conditions of any consent which would also require provision of integrated swift and bat bricks.

9.56 Flood Risk and Drainage

9.57 Paragraph 103 of the NPPF requires planning decisions to ensure that flood risk is not increased elsewhere and this is achieved through the surface water drainage system adopting sustainable drainage principles where possible.

9.58 This site is situated in a drainage district administered by the Swale and Ure Internal Drainage Board. The Environment Agency is responsible for any proposals that include surface water discharge to a Main River. According to the Environment Agency flood maps, the site is primarily within Flood Zone 1, where land and property have a low probability of flooding, although Sopper Gutter and its immediate surroundings are Flood Zone 2, where land and property have a medium probability of flooding.

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9.59 The site layout restricts the proposed dwellings to Flood Zone 1, although the highway to the north east part of the site is within Flood Zone 2.

9.60 Yorkshire Water has issues in respect of sewerage capacity. Consultees do note issues with the clarity of the surface water drainage arrangements set out in the submitted Floor Risk Assessment, however it is normal practice to require a fully detailed surface water drainage scheme as part of the conditions of any approval and there are no unsurmountable issue envisaged in taking this approach.

9.61 Ground Conditions

9.62 Paragraph 121 of the NPPF advises that planning decisions should ensure that a site is suitable for its new use, taking account of ground conditions including pollution arising from previous uses. A contaminated land assessment should be required through the conditions of any consent.

9.63 Conclusion on Environmental Issues

9.64 Para.7 of the NPPF indicates, amongst other thing, that the planning system needs to contribute to protecting and enhancing the natural built and historic environment.

9.65 The proposal does not give rise to environmental issues that demonstrably weigh against that proposal.

9.66 ECONOMIC SUSTAINABILITY

9.67 It is acknowledged that the development of new housing has economic benefits, through the employment created on site during the construction phase of development and work created for the construction supply chain. Residents would support local services.

9.68 Conclusion on Economic Issues

9.69 The proposed development has economic benefits.

10.0 OTHER MATTERS

10.1 The representations and comments received are largely addressed above. Other matters raised are noted however the benefits of the development are not outweighed.

11.0 PLANNING BALANCE & CONCLUSION

11.1 In accordance with Paragraph 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 paragraph 14 is engaged in granting planning permission unless any adverse impacts of

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doing so would considerably and demonstrably outweigh the benefits of development when assessed against the policies of the NPPF as a whole.

11.2 The proposed development would contribute to meeting the District’s housing land supply and address the current under supply both in terms of open market and affordable units.

11.3 In conclusion, Officers have identified no adverse economic, environmental or social harm that would significantly or demonstrably outweigh the benefits identified when considered against the policies in the Framework taken as a whole. The proposal therefore forms sustainable development. Although policies SG1 and SG2 of the Core Strategy are out of date, the proposal would not otherwise conflict with the development plan as a whole. The material considerations in this case which weigh in favour of the scheme; including the provisions of the Framework and paragraph 14 in particular, warrant approval of the application.

12.0 RECOMMENDATION

12.1 That the application be DEFERRED and APPROVED subject to conditions and a S106 Agreement to secure off site open space provision, affordable housing, education contribution, and on site open space management.

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: Mike Parkes Expiry Date: 21 December 2017

APPLICATION NO: 17/04059/FULMAJ

1 The development hereby permitted shall be begun on or before 3 years.

2 The development hereby permitted shall be undertaken in accordance with the submitted details as amended by other conditions of consent and the following approved plans:

Proposed Site Layout - P16:5056.01-U

Landscape Proposals - P16:5056:100-L

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1800mm Brick Wall Boundary Treatment - P16:5056:03

1800mm Timber Fence Boundary Treatment - P16:5056:04

900mm Metal Railings Boundary Treatment - P16:5056:05

450mm Knee High Rail Boundary Treatment - P16:5056:06

Heavy Duty Timber Fence Boundary Treatment - P16:5056:07

Garage Details Plans _ Elevations - P16:5056:08-B

(House Type drawings)

A1 - AS/OP Plans & Elevations - P16:5056:39-A (Plots 51-52) and P16:5056:40-A (Plots 53-54)

A6 - AS/OP Plans & Elevations - P16:5056:15-B (Plots 11-12, 24-25 & 47-48) and P16:5056:38 (Plots 18-19)

A6-T10 - AS/OP Plans & Elevations - P16:5056:41 (Plots 55-56)

A6-A6-T10 - AS/OP/AS Plans & Elevations - P16:5056:17-A (Plots 13-15 & 26- 28)

A7 - AS/OP Plans & Elevations - P16:5056:16-A (Plots 41-42)

B1 - AS Plans & Elevations - P16:5056:31 (Plots 8 & 37)

B1 - OP Plans & Elevations - P16:5056:33 (Plot 36) and P16:5056:36 (Plot 10)

T2 - AS Plans & Elevations - P16:5056:28 (Plots 32, 34 & 43)

T2 - OP Plans & Elevations - P16:5056:29 (Plot 31) and P16:5056:35 (Plot 44)

T3 - AS Plans & Elevations - P16:5056:26 (Plots 3, 29 & 45)

T3 - OP Plans & Elevations - P16:5056:27 (Plots 4, 9, 35 & 46)

T4b - AS Plans & Elevations - P16:5056:24-A (Plot 40)

T4b - OP Plans & Elevations - P16:5056:25 (Plot 5 & 39) and P16:5056:37-A (Plot 30)

T7 - AS Plans & Elevations - P16:5056:42 (Plot 20)

T7 - AS/OP Plans & Elevations - P16:5056:32-C (Plots 16-17 & 49-50) and P16:5056:34-A (Plots 1 & 2)

T7 - AS/AS/OP Plans & Elevations - P16:5056:43 (Plots 21-23)

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T7 - OP Plans & Elevations - P16:5056:20-A (Plots 33)

T9 - OP Plans & Elevations - P16:5056:30 (Plot 7)

T10 - OP Plans & Elevations - P16:5056:19 (Plot 6)

T14 - AS Plans & Elevations - P16:5056:21 (Plot 38)

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

4 Construction of the access road into the site shall not commence until measures to protect the 160mm water main that is laid within the site boundary, during the construction phase of the development, have been implemented in full accordance with details that have been submitted to and approved by the Local Planning Authority. The details shall include the means of ensuring access at all times for repair and maintenance of the infrastructure by the statutory undertaker. Furthermore no trees shall be planted within 5 metres of the aforementioned water main.

5 The site shall be developed with separate systems of drainage for foul and surface water.

6 No building or other obstruction including landscape features shall be located over or within 3 metres either side of the centre line of the 375mm sewer i.e. a total protected strip width of 6 metres, that traverses the site . If the required stand -off distance is to be achieved via diversion or closure of the sewer/water main, the developer shall submit evidence to the Local Planning Authority that 0the diversion or closure has been agreed with the relevant statutory undertaker.

7 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved by the local planning authority before development commences.

8 Prior to the construction of any of the dwellings hereby approved, drawings shall be submitted to, and agreed 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:

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(a) a timetable for its implementation

(b) a restricted discharge of surface water to Greenfield rates (1.4 l/s/ha for all storm scenarios, or as otherwise agreed with the local planning authority).

(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 must include an allowance for urban creep where required and climate change.

(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) details with regard to the maintenance and management of the approved scheme to include; drawings showing any surface water assets to be vested with the statutory undertaker/highway authority and subsequently maintained at their expense, and/or any other arrangements to secure the operation of the approved drainage scheme/sustainable urban drainage systems throughout the lifetime of the development including:

(i) funding arrangements for on-going maintenance

(ii) the organisation responsible for future maintenance of the sustainable drainage scheme

(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 & frequency

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

If discharge to public sewer is proposed, the information shall include:

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a) evidence that other means of surface water drainage have been properly considered and why they have been discounted ; and

b) the means by which the discharge rate shall be restricted to a maximum rate of 2.8 litres per second.

9 There must be no raising of ground levels within the part of the site lying flood zone 2 and prior to the construction of any highway, access, drive, parking place, footway or other area of hard surfacing details of use permeable hard surfacing materials shall be submitted to and approved in writing by the Local Planning Authority. Development shall be undertaken in strict accordance with the approved details.

10 Any imported soils shall be assessed and a validation report be submitted to and approved in writing by The Local Planning Authority that demonstrates that the soil is suitable for its intended use before the importation occurs. The sampling and assessment in accordance must follow the Yorkshire and Lincolnshire Pollution Advisory Group Guidance 'Verification Requirements for Cover Systems'.

11 There shall be no access or egress by any vehicles between the highway and the application site until a Construction and Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. The development shall be carried out in strict accordance with approved details.

The measures shall include but not be limited to:

a) Avoidance of harm to protected species

b) Control of invasive species

c) Dust management plan

d) Habitat and tree protection plan including the protection of nesting birds, prevention of light spill onto watercourses and the provision of protective fencing /barriers to adjacent habitats and around all trees that are to be retained on the site, in accordance with BS 5837: 2012 'Trees in Relation to Construction - Recommendations' (or any subsequent amendments to that document) Such fences shall be provided before any operations commence on site and shall be maintained until the development is complete, and no excavations for services, storage of materials or machinery, parking of vehicles, deposit or excavation of soil or rubble, lighting of fires or disposal of liquids shall take place within any area designated as being fenced off or otherwise protected. The level of the land within the fenced areas shall not be altered without the prior written consent of the Local Planning Authority.

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e) Measures to prevent the deposit of mud, grit and dirt on the public highways by vehicles travelling to and from the site. These facilities shall include the provision of wheel washing facilities where considered necessary by the Local Planning Authority in consultation with the Highway Authority. The precautions shall be made available before any excavation or depositing of material in connection with the construction commences on the site and be kept available and in full working order and used until such time as the Local Planning Authority in consultation with the Highway Authority agrees in writing to their withdrawal.

f) Noise management plan which shall provide for construction work to be only carried out between the hours of 08:00 to 18:00 Mondays to Fridays and 08:00 to 13:00 Saturdays with no work on Sundays or Bank Holidays.

g) Parking / storage areas including the location of equipment cabins.

h) Surface water management during the construction phases, including detailed drawings as appropriate.

i) Traffic Management Plan to maintain the free flow of traffic on the highway network, including the management and control of HCV construction traffic and the routes to be taken.

j) The location and type of any illumination which shall be directed only into the site.

12 Prior to any external walling commencing of any dwelling hereby a scheme of Mode 3 electric vehicle charging points with a minimum 16amp rating and cycle storage shall be submitted to and approved in writing by the Local Planning Authority. The electric vehicle charging points and cycle stores shall be provided before first occupation of any dwelling so benefitting. Development shall be carried out in strict accordance with the approved details.

13 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

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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

* 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

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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 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.

14 Prior to the commencement of any works relating to the formation of any highway that is to be retained upon the completion of development or the commencement of construction of any dwelling the following drawings and details shall have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority:

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

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(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

(vii) lining and signing

(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.

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(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.

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.

15 No dwelling to which this planning permission relates shall be occupied until 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.

The completion of all road works, including any phasing, shall be in accordance with a programme approved in writing with the Local Planning Authority before the first dwelling of the development is occupied.

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 2.4m x 43m measured along both channel lines of the Topcliffe Road. Once created, these visibility areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

17 No dwelling shall be occupied until the related parking facilities have been constructed in accordance with the approved drawing . Once created these parking areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

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18 There shall be no establishment of a site compound, site clearance , excavation or depositing of material in connection with the construction on the site until proposals have been submitted to and approved in writing by the Local Planning Authority for the provision of:

(a) on-site parking capable of accommodating all staff and sub-contractors vehicles clear of the public highway, and

(c) on-site materials storage area capable of accommodating all materials required for the operation of the site.

The approved areas shall be kept available for their intended use at all times that construction works are in operation. No vehicles associated with on-site construction works shall be parked on the public highway or outside the application site.

19 A Landscape and Ecology Management Plan shall be submitted for the written approval of the local planning authority, prior to the construction of any highway hereby approved commencing.

The plan shall include a detailed scheme for the planting, establishment and maintenance of open areas, hedges shrubs and trees on site, using native species where appropriate and the on-going control of invasive species. It shall:

a) provide for the incorporation of swift and bat bricks and boxes into the buildings and trees on site.

b) provide for the control of lighting spill onto watercourses to avoid adverse ecological impacts.

c) include the use of surface materials.

d) specify materials ,species, tree and plant sizes, numbers and planting densities.

e) incorporate, as appropriate, underground systems to protect underground services and above ground surfaces (e.g. Rootcell, Stratacell, Silva cell or similar products).

f) specify the timing of implementation of the scheme

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

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such species in such number as may be approved by the Local Planning Authority.

21 Prior to the occupation of any of the dwellings hereby approved,

a) the 2.5m high timber fence along sections of the north west and north east boundaries as shown on drawings P16:5056:100-L and P16:5056:07 shall be provided and thereafter maintained.

b) the developer shall demonstrate for the written approval of the Local Planning Authority that adequate sound mitigation measures has been provided so as to achieve satisfactory sound levels at the proposed residential premises. In particular, the applicant shall satisfy that the sound levels specified below are not exceeded:--

LAeq (16 hr) 07.00-23.00 - Living Rooms/Studies 35dB, Gardens 50dB, Bedrooms 35dB

LAeq (8 hr) 23.00-07.00 - Bedrooms 30dB

LAFmax 23.00-07.00 - Bedrooms 45dB

Should it be necessary to have windows closed in order to achieve these levels then a suitable alternative means of ventilation shall be provided and details of such ventilation shall be submitted to and approved in writing by the Local Planning Authority prior to their installation.

22 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re- enacting that Order with or without modification),

a) no dormer windows other than any expressly authorised by this permission shall be erected on plots 1-4, 6, 8,9, 11-33, 37, 41 and 42, and

b) no extensions or outbuildings other than a shed not exceeding 2.5 square metres shall be erected on plots 30 and 40

without the grant of further specific planning permission from the Local Planning Authority.

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Reasons for Conditions:-

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

2 To secure the satisfactory implementation of the proposal.

3 In order to ensure that the materials used conform to the amenity requirements of the locality.

4 In order to protect the public water supply.

5 To prevent pollution of the water environment.

6 In order to allow sufficient access for maintenance and repair work at all times.

7 To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system which will prevent overloading.

8 To prevent the increased risk of flooding, both on and off site.

9 To ensure that there is no loss of flood storage and that possible future flood flows are not pushed on to others.

10 To ensure a safe environment.

11 In the interests of the amenity of the area and ecology, to minimise the risk of flooding, to avoid interference with the free flow of traffic, and to secure safe and appropriate access and egress to the site in the interests of safety and convenience of highway users.

12 To promote the use of electric cars and reduce pollution.

13 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.

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

15 To ensure safe and appropriate access and egress to the dwellings, in the interests of highway safety and the convenience of prospective residents.

16 In the interests of road safety.

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17 To provide for adequate and satisfactory provision of off-street accommodation for vehicles in the interest of safety and the general amenity of the development.

18 To provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area.

19 In the ecological interests of the site

20 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

21 In the interests of residential amenity.

22 In the interests of visual and residential amenity.

INFORMATIVES

1. Yorkshire Water Services advise that the site drainage details submitted have not been approved for the purposes of adoption or diversion. If the developer wishes to have the sewers included in a sewer adoption/diversion agreement with Yorkshire Water (under Sections 104 and 185 of the Water Industry Act 1991), they should contact our Developer Services Team (tel 0345 120 84 82, email:

[email protected] ) at the earliest opportunity.

Sewers intended for adoption and diversion should be designed and constructed in accordance with the WRc publication 'Sewers for Adoption - a design and construction guide for developers' 6th Edition, as supplemented by Yorkshire Water's requirements.

2. Yorkshire Water Services also advise there is a 160mm water main running parallel to Topcliffe Road that is likely to be affected by works to construct the access into the site. The developer must serve Notice on YW of any proposed alterations to the existing public highway in accordance with the New Roads and Streetworks Act.

3. The Swale and Ure Drainage Board advice their Bylaw 3 states 'No person shall, without the previous consent of the Board, for any purpose, by means of any channel, siphon, pipeline or sluice or by any other means whatsoever, introduce any water into the District or, whether directly or indirectly, increase the flow or volume of water in any watercourse in the District.'

If the surface water were to be disposed of via a soakaway system, they would have no objection in principle but would advise that the ground conditions in this area may not be suitable for soakaway drainage. It is therefore essential that

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percolation tests are undertaken to establish if the ground conditions are suitable for soakaway drainage throughout the year.

If surface water is to be directed to a mains sewer system they would have no objection in principle, providing that the Water Authority are satisfied that the existing system will accept this additional flow.

If the surface water is to be discharged to any watercourse within the Drainage District, their own specific Consent would be required and would be restricted to 1.4 litres per second per hectare or greenfield runoff.

No obstructions within 9 metres of the edge of a watercourse are permitted without their Consent.

Any surface water discharge into any watercourses in, on, under or near the site requires from the Drainage Board.

For further pre-application advice, consent forms & guidance visit:

www.sandudb.gov.uk, and select “Policies”

For direct enquiries e-mail: [email protected]

4. The Police Designing Out Crime Officer advises utility meters should be sited forward of any rear boundary protection, and all street lighting be to BS5489 with lamp columns not sited near to trees. External lighting should be provided to elevations containing a door switched by photo electric cell rather than PIR. The developer should seek Secured by Design, an initiative promoted by the National Police Chiefs Council which has been shown through independent analysis that it can reduce the chances of a development becoming a victim to crime by up to 70%. If a development achieves Secured by Design the logo can be used to promote the development. In any event the developer should consider using doors and windows to Secured by Design standards. There is no cost to apply for accreditation. www.securedbydesign.com

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