BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 17 June 2008

PLAN: 02 CASE NUMBER: 08/01733/FUL GRID REF: EAST 433909 NORTH 471209 APPLICATION NO. 6.33.13.H.FUL DATE MADE VALID: 30.04.2008 TARGET DATE: 25.06.2008 CASE OFFICER: Mrs L Drake WARD: Newby

VIEW PLANS AT: http://tinyurl.com/467doe

APPLICANT: Mrs Angela Vallianatou

AGENT: J Van Pagh

PROPOSAL: Erection of 1 detached dwelling (Site Area 0.04ha).

LOCATION: Land West Of Oak Tree Inn Copt Hewick North

REPORT

SITE AND PROPOSAL The site lies to the side of the Oak Tree Inn, Copt Hewick. It comprises an area of land that was last used as the car park for the public house prior to its closure in February 2007. To the side lies the access to the rear of the public house and to the field beyond (a certified Caravan Club Site). To the west lies Flakebridge House and there are other dwellings opposite.

It is proposed to erect a 3/4 bedroom dwelling on this site, to be constructed of brick and pantile. One parking space is proposed to the rear with access taken from the access drive between the site and the pub.

MAIN ISSUES 1 Policy/Principle 2 Design 3 Access 4 Drainage 5 Land Stability 6 Open Space Provision

RELEVANT SITE HISTORY 6.33.13.G.FUL - Conversion of public house to form 2 dwellings with first floor rear extension (Site Area 0.06ha). REF. 17.06.2007. This application is now at appeal.

6.33.13.D.RENEW - Renewal of unimplemented Permission no. 6.33.13.C.FUL for the erection of 3no holiday cottages to rear of public house (site area 0.04ha). PER. 08.09.04.

CONSULTATIONS/NOTIFICATIONS

Parish Council COPT HEWICK - Comments awaited.

H.B.C Land Drainage See assessment.

Environment Agency Comments awaited.

Yorkshire Water Comments awaited.

DCS - Open Space (Brandreth) See assessment.

NYCC Highway Authority See assessment.

RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Development LPA07 Harrogate District Local Plan (2001, as altered 2004) Policy A7, Unstable Land PPS03 Planning Policy Statement 3, Housing LPH06 Harrogate District Local Plan (2001, as altered 2004) Policy H6, Housing developments in the main settlements and villages LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPA01 Harrogate District Local Plan (2001, as altered 2004) Policy A1, Impact on the Environment and Amenity

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 10.06.2008 PRESS NOTICE EXPIRY: 06.06.2008

REPRESENTATIONS 2 letters of objection has been received. The grounds of objection are: - query ownership of the site, still in same ownership as the pub - Loss of car park would affect viability of pub in the event that current appeal dismissed, loss of pub would be loss to village. - application should not be considered until decision on appeal. - the site is not an infill plot - site subject to severe flooding. New development will exacerbate this.

1 letter of no objection has also been received. The letter says that: - pleased that house will not take light from rear garden - no overlooking - house in keeping with surroundings

The site notice expires on 10.6.08. Any further representations will be reported as part of the update at planning committee.

VOLUNTARY NEIGHBOUR NOTIFICATION None.

ASSESSMENT OF MAIN ISSUES 1 POLICY/PRINCIPLE - Copt Hewick is identified as a "smaller village" under Policy H6 of the adopted Local Plan, and the application site lies within the built-up area of the settlement. Therefore, having regard to the residential nature of the surroundings the proposal is acceptable, in principle, under saved policy H6 of the Harrogate District Local Plan.

2 DESIGN - The design of the proposed dwelling is out of keeping with the village. Although similar materials are used in the immediate vicinity, the design is more suited to a suburban rather than village setting. The front elevation in particular turns its back on the street and is not considered to contribute to the character and appearance of Copt Hewick. Although there would not be any detriment to adjacent residential amenity, it is considered that the proposal would be contrary to saved policies H6 and HD20 of the Harrogate District Local Plan.

3 ACCESS - County Highways has raised no objection to the proposal and request that conditions are added covering the provision of visibility splays in the event of any approval.

4 DRAINAGE - The Council's Land Drainage officer has stated that significant flooding has occurred in this location due to water running off farmland on the outskirts of the village onto the highway and across this site and other property and gardens. He is concerned that in the event of permission being granted that this would exacerbate the existing situation and adversely affect both the proposed and existing properties. Evidence of flooding has been submitted as part of a representation, showing significant flooding on the highway immediately outside of the site, flowing through the site itself and onto the field beyond.

No information has been submitted to demonstrate that the dwelling can be erected without adverse effect on the drainage network. The Environment Agency, Yorkshire Water and County Highways have been asked for their comments on this matter and these are awaited. Dependent on these comments an additional reason for refusal may be added.

5 LAND STABILITY - The site lies in Gypsum Area B where land is susceptible to gypsum-related subsidence. No information has been provided to demonstrate that the site is capable of being developed and is therefore contrary to Saved policy A7.

6 OPEN SPACE PROVISION - A commuted sum of £2120.90 for the provision of open space in connection with the development has been requested. A signed unilateral undertaking has not yet been received. If not received by Planning Committee then an extra reason for refusal will be added as the proposal will not comply with saved Policy IMP2 of the Harrogate District Local Plan.

CONCLUSION

The design of the proposed dwelling is considered to be out of keeping with the character and appearance of the village. It lies in an area susceptible to gypsum- related subsidence and it has not been demonstrated that the site is capable of development. The proposal is recommended for refusal as being contrary to Saved Policies H6, HD20, A1 and A7 of the Harrogate District Local Plan.

CASE OFFICER: Mrs L Drake

RECOMMENDATION

That the application be REFUSED. Reason(s) for refusal:-

1 The design of the proposed dwelling is not in keeping with the character and appearance of Copt Hewick and is therefore contrary to Saved Policies H6 and HD20 of the Harrogate District Local Plan 2 The site lies within an area identified as susceptible to gypsum-related subsidence. No information has been provided to demonstrate that the site is capable of being developed and it is therefore contrary to Saved policy A7 of the Harrogate District Local Plan.