Case No. 17/01350/OUTMAJ Item No. 03
Location: Land Comprising Field At 435295 458903, Boroughbridge Road, Knaresborough.
Proposal: Outline application for the erection of up to 120 dwellings with public open space, landscaping, sustainable drainage system and vehicular access from Boroughbridge Road with access considered (Site Area 7.44ha).
Applicant: The Slingfold Trust And Gladman Developments Ltd
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 proposed development exceeds 50 dwellings under the Scheme of Delegation.
SUMMARY:
The proposed scheme comprises the development of up to 120 dwellings, of which up to 48 will be defined as affordable, in a sustainable location on the edge of a main settlement and on a site which is proposed as a draft housing allocation within the Council’s Publication Draft Local Plan.
The scheme is submitted in outline form, with all matters other than access reserved for subsequent approval. Satisfactory access can be gained to the site and subject to mitigation, it is considered that the site can be developed without harm to areas of acknowledged importance.
The development has significant social benefits in contributing to the Council’s housing land supply, which stands at 4.5 years, and providing open market and affordable housing to meet an identified shortfall in both. This 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. As such, the development is considered to be sustainable when applying the ‘tilted balance’ at paragraph 11 of the National Planning Policy Framework.
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RECOMMENDATION: Defer and Approve subject to conditions and a S106 Agreement to secure Highway Improvements; Affordable Housing; Open space provision; Education Contribution; Landscape Management; Ecological Improvements.
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1.0 SITE DESCRIPTION
1.1 The site is 7.44 hectares in size and located to the north of Knaresborough adjacent to existing new housing development recently allowed at Appeal under application 13/02074/OUTMAJ (Appeal reference APP/E2734/A/13/2207338). The site is located north of Knaresborough and north of new development on Boroughbridge Road on the western side of the A6055. The site itself comprises two arable fields that are relatively flat with hedgerow boundaries. The landform does however gently rise to the west. Overhead power lines cross the site resulting in a significant constraint to the layout of any development on site. Beyond the site boundary to the west the landform rises gradually towards Coney Garth.
1.2 The site forms the edge of Knaresborough Town’s suburban limits. There is a hedgerow and a narrow pavement to the road frontage, beyond which is a high hedgerow interspersed with trees to the Farnham Quarry suite. There are wooded areas to the north and north western boundaries of the site.
1.3 The site falls within the area covered by Scriven Parish Council. The main body of the village of Scriven itself is located some 300m to the south west of the site.
1.4 The site is located adjacent to but not within the Scriven Park and Coney Garth Special Landscape Area, which is located some 100m at its closest point and extending to some 300 metres away to the west.
1.5 To the north of the site is Farnham Lakes, identified as a Site of Importance for Nature Conservation (SINC), with Farnham Quarry to the east on the opposite side of the A6055 road. Hay-a-Park Site of Special Scientific Interest (SSSI) is also to the eastern side of the A6055 and access via Bar Lane some 700m to the south east of the site.
2.0 PROPOSAL
2.1 The application is made in outline, with all matters reserved except for the main site access.
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2.2 Although the scheme is submitted in outline form for up 120 dwellings the applicants identify within the supporting Planning statement that the scheme will provide up to 120 residential dwellings including affordable housing delivered in accordance with planning policy H5; Structural landscape planting and the retention and positive management of key landscape features; 3.7 ha of formal and informal open space, including children’s locally equipped play area and trim trail; Public access to land previously not available; New access arrangements including an informal footpath link to the south; and a comprehensive surface water drainage scheme.
2.3 It is proposed to access the site from Boroughbridge Road via a priority T junction. A further pedestrian access is also proposed to the south-east site boundary.
2.4 The scheme provides for up to 120 dwellings, which are indicated upon the illustrative masterplan to be grouped either side of the overhead power lines. The area below the power lines is retained as green infrastructure, incorporating a fitness or ‘trim trail’. The higher land to the western boundary of the site has been maintained to retain visual links to the village of Scriven beyond with a buffer zone to the north and units set back from the Boroughbridge Road frontage.
3.0 APPLICANT'S SUPPORTING INFORMATION
The application is supported with the following documents:
Development Framework Plan Planning and Affordable Housing Statement Design and Access Statement Landscape and Visual Impact Assessment Transport Assessment Framework Travel Plan Ecological Impact Assessment Arboricultural Assessment Flood Risk Assessment Phase 1 Environmental Report
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Phase 2 Environmental Report Air Quality Assessment Noise and Vibration Assessment Heritage Assessment Archaeological Appraisal Foul Drainage Analysis Utilities Appraisal Socio-Economic Sustainability Statement Statement of Community Involvement
4.0 RELEVANT HISTORY
4.1 None.
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 be applied. Planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The NPPF is a material consideration in planning decisions. At the heart of the NPPF is a presumption in favour of sustainable development.
5.3 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
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5.4 Harrogate District Local Plan (2001, As Altered 2004)
Policy C2 Landscape Character Policy HD3 Control of development in Conservation Areas Policy HD13 Trees and Woodlands Policy HD20 Design of New Development and Redevelopment Policy H5 Affordable Housing Policy R11 Rights of Way
5.5 Supplementary Planning Documents
Heritage Management House Extensions and Garages Design Guide Provision for Open Space in Connection with New Housing Development Provision for Village Halls in Connection with New Housing Development Landscape Character Assessment of Harrogate District Residential Design Guide Residential Design Guide Scriven Conservation Area Character Appraisal
5.6 Other material policy considerations: National Planning Practice Guidance
6.0 CONSULTATIONS
6.1 Housing Department - This site falls under Policy H5 and if deemed suitable for development (by the planning department) would require 40% as affordable housing, subject to financial viability.
6.2 The SHMA 2015 identifies a need for 256 affordable units per annum in the Harrogate District. Priority for the affordable homes will be given to those with a local connection to the sub area. The SHMA also shows the need for smaller units and we require the below split of affordable homes:
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15% x 1 bed houses (not flats or apartments, unless there are flats or apartments included within the market homes)
60% x 2 bed houses
25% x 3/4 bed houses
6.3 Affordable homes should be well integrated within the development and applicants should ensure any plans are shared at the earliest opportunity with Housing. The illustrative layout at outline application stage should identify broad locations for the affordable homes which should be in small clusters (5-8 units) between the open market homes and not all in one area. 100% affordable cul-de-sacs are not acceptable and affordable homes should be visibly indistinct from market ones.
6.4 Knaresborough Civic Society - No comments received.
6.5 Historic England - On the basis of the information submitted have no comments to make.
6.6 Environmental Health – Recommend the imposition of conditions.
6.7 Head Of Parks & Environmental Services - No comments received as the application is an outline application with numbers and mix to be determined.
6.8 Yorkshire Water - No objection subject to the imposition of conditions.
6.9 Heritage Unit of NYCC - An archaeological evaluation by geophysical survey and trial trenching carried out over the development site immediately to the south, recorded a field system and track way of Iron Age or Romano/British date. The geophysical anomalies in the field to the south continue northwards towards the proposed application site indicating that these features extend into this application area.
6.10 Recommend that following archaeological evaluation a condition securing a written scheme of Investigation is submitted.
6.11 NYCC Highways And Transportation - No objection subject to the imposition of conditions and securing a S106 agreement.
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6.12 County Education Officer - Based on the proposed 120 2+ bedroom properties a developer contribution of £407,880 would be sought for primary education facilities as a result of this development. A developer contribution would not be sought for secondary school facilities at this time.
6.13 Confirm a contribution of £407,880.00 towards Knaresborough Meadowside Community Primary School is required.
6.14 Transport Planner - Requires electric vehicle charging points, cycle stores. Consideration should be given to widening existing footways and provision of cycle links.
6.15 NYCC Lead Local Flood Authority (SuDS) – Require the imposition of conditions.
6.16 Natural England - Note from the Design and Access Statement that a relatively large area of green space has been provided on the site, and consider that the proposed development in isolation is not likely to significantly increase disturbance to the Hay a Park SSSI. Natural England would strongly encourage the Council to consider what measures can be put in place to manage the cumulative impact of development in this area.
6.17 Environment Agency - Dales Area Office - No comments received.
7.0 VIEWS OF THE PARISH COUNCIL
7.1 Knaresborough Town Council objects on the following grounds:
Significant urban extension into the countryside.
The site is not within reasonable walking distance of schools, shops, doctors etc. and is not adjacent to a bus route so would generate significant traffic movement adding to congestion and pollution at the towns two Air Quality Management Areas.
7.2 Scriven Parish Council objects on the following grounds:
The development would double the housing within Scriven Parish and the historic nature of the village would be lost.
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Over 300 houses have already been approved in this area. Over- development of the locality.
Loss of greenfield site, destroying natural green corridors and wildlife habitats, including Great Crested Newts. Increase of traffic exacerbating existing problems of noise pollution and air quality at Bond End. The proximity of local facilities is inaccurate with bus stops, shops and schools in reality being further from the proposed development than shown. There are current flooding problems in the area and development may impact on neighbouring SSSI’s. Loss of rural approach to both Knaresborough and Scriven. Brownfield sites should be considered in preference of greenfield sites.
8.0 OTHER REPRESENTATIONS
8.1 11 letters objecting to the development on the following grounds :
Inappropriate extension of urban area into green fields Increase in traffic with associated noise and pollution No infrastructure to support the proposal Close to important wildlife habitats potential adverse impact upon Great Crested newts Distant from local amenities, schools are already oversubscribed Loss of good quality farm land Too many houses built in the area already Adverse impact upon the village of Scriven Not a site allocated for development Proposal does not represent sustainable development as defined by the NPPF No access to public transport reliance upon car transport The site is on the proposed route of the northern relief road
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8.2 In addition, a Civil and Transportation Planning engineer has made a comment that the scheme should adopt the same conditions as those imposed upon Manse Farm (13/00535/EIAMAJ) to secure highway improvements to the following junctions:
1. Bond End
2. A59 York Place/Chain Lane/B6164 Wetherby Road traffic signal controlled junction
3. High Street /Park Row A59 York Place/ Gracious Street traffic controlled junction
The latter two junctions adopt the principle that the development is acceptable but are reliant upon the Manse Farm improvements being implemented and secured. This cannot be guaranteed.
8.3 The above represent a summary of the comments received, full details are available on the Council’s website.
8.4 In addition to the above, the applicants carried out engagement with the Local Stakeholders and Community and have submitted a Statement of Community Involvement (SCI). Leaflets outlining the development principles and seeking comments were distributed on 21st February 2017 to 399 households and businesses in Knaresborough. The applicants identify that there were 5 email responses and one postal response between the commencement of the consultation period and 20th March 2017.
8.5 Comments were received regarding the continued expansion of the town into countryside: the impact of the development upon Bond End Air Quality Management Area; Unsustainable location; Impact of increased traffic through Bond End; Inadequacies of local facilities (Doctors, only one Post Office); Power lines should be removed; Affordable houses will need a bus service; A cycle network should be incorporated; A toucan crossing across the busy Boroughbridge Road, linking in to a cycle route along Bar Lane or to the nature reserve recreational areas. A signed cycle route taking
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pedestrians via Jacob Smith Park; Electric bike hire and details of the type of fence to be erected on the border with the adjacent lake.
8.6 Following the public consultation and pre-application discussions with HBC, GDL undertook a review of the Development Framework Plan. This has resulted in the children’s play area being relocated from the centre of the site to a new location embedded within the proposed built area in the north east of the site. This has enabled us to include additional Green Infrastructure around key pedestrian and cycling routes in response to specific local needs, as well as ensuring that the play area is overlooked by nearby properties.
8.7 Full details of the SCI can be found on the Council’s Web page.
9.0 ASSESSMENT
9.1 The main issues in consideration of this application are considered to be as follows:
Sustainability Housing Land Supply Affordable Housing Highways Character and Appearance Impact upon Heritage assets Amenity - impact on existing and proposed residents Landscape Trees Ecology Flood Risk and Drainage Community Facilities Other matters
9.2 Sustainability
9.3 The National Planning Policy Framework (NPPF) 2018 makes clear that the purpose of the planning system is to contribute to the achievement of sustainable development. Sustainability is the golden thread running through
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the NPPF, and proposals for sustainable development should be approved without delay. Paragraph 8 of the NPPF advises there 3 dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles.
9.4 These roles should not be undertaken in isolation, because they are mutually dependent. Economic growth can secure higher social and environmental standards, and well-designed buildings and places can improve the lives of people and communities. Therefore, to achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system. The planning system should play an active role in guiding development to sustainable solutions.
9.5 In accordance with the NPPF, the council will seek opportunities to achieve each of the economic, social and environmental dimensions of sustainable development and net gains across all three. Significant adverse impacts on any of these dimensions should be avoided and, wherever possible, alternative options which reduce or eliminate such impacts should be pursued. Where adverse impacts are unavoidable, measures to mitigate the impact are required to be considered.
9.6 SOCIAL SUSTAINABILITY
9.7 The delivery of the site will fulfil a social role by supporting the strong, vibrant and healthy community of Knaresborough and Harrogate as a district and assist in providing the housing required for the Borough to meet the needs of present and future generations.
9.8 As an outline application the scheme proposes the provision of up to 120 dwellings, the saved Local Plan Policy H5 will require 40% provision of affordable housing to be included within the site. Such provision will also help meet the shortfall of both open market and affordable accommodation within the district.
9.9 Knaresborough is one of the three main settlements within the district and is a highly sustainable town identified on the top tier of the settlement hierarchy
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in the emerging Local Plan (LP) as a ‘Main Settlement’ with a wide range of services and facilities, including two primary schools, a secondary school, railway station, GP surgery and a main shopping area centred upon the High Street.
9.10 Housing Land Supply
9.11 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, which equates to an annual requirement for 669 dwellings.
9.12 There was already an acceptance that to deliver 669 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.
9.13 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. The NPPF seeks to significantly boost housing supply and that housing applications should be considered in the context of the presumption in favour of sustainable development.
9.14 Knaresborough (including Scriven) is identified within the Core Strategy Policy SG2 as a group ‘A’ settlement and as such is expected to form the main focus of urban growth in the District. Such a role is considered consistent with the NPPF.
9.15 The site is identified as an allocated site for residential development in the emerging Draft Harrogate Local Plan Site Ref K37.
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9.16 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. As the development plan is out-of-date Paragraph 11 of the NPPF is fully engaged. This states that planning permission should be granted unless 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.
9.17 The specific policies mentioned in paragraph 11 are set out in Footnote 6, and include designated heritage assets. The site is not located within a conservation area and there are no listed buildings within the immediate locality. The site can of course affect and impact upon setting and this is discussed further in the heritage section of the report.
9.18 Affordable Housing
9.19 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 61 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.
9.20 At 40% of total housing units, this site could yield a maximum of 48 affordable dwellings for those in housing need. Across the district as a whole there is an identified need for affordable housing of 256 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.
9.21 ENVIRONMENTAL SUSTAINABILITY
9.22 Highways
9.23 The scheme is submitted in outline form with access considered at this stage. Harrogate District Local Development Framework Core Strategy Policy SG4 requires the travel impact of any scheme should not add significantly to any
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pre-existing problems of access, road safety or traffic flow and should have been fully addressed in accordance with the transport policies of the Core Strategy.
9.24 Policy TRA1 (Accessibility) seeks to reduce the need for travel and also improve accessibility to jobs, shops, services and community facilities. This is through focussing new development within the Districts main settlements and larger villages.
9.25 National policy relating to transport is given within the National Planning Policy Framework (NPPF). Paragraph 103 of the NPPF seeks to actively manage patterns of growth to make use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable.
9.26 The site the subject of this application is an allocated site for residential purposes within the emerging Harrogate District Local Plan (Site K37).
9.27 The Local Highway Authority (LHA) has engaged in detailed discussions with the Applicants Transport Consultants throughout the review of the supporting documents and provision of additional data. The scheme is supported with a Transport Assessment (TA) and Travel Plan (TP).
9.28 Junction analysis
9.29 The Transport Assessment (TA) provides analysis on a number of junctions where, based on the agreed trip distribution, the main impact of the development generated traffic in the AM and PM peak hour traffic period would occur. The impact on the junctions was assessed with and without the development in the assessment year 2023.
9.30 The analysis carried out at both the site access and A6055 Boroughbridge Road/David Wilson Homes Site Access Roundabout demonstrated that there will be no capacity issues or additional queuing to occur as a consequence of development.
9.31 A59 York Place/Park Row/Gracious Street Signal Controlled junction
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9.32 This junction is within a designated Air Quality Management Area (AQMA). The applicant has assessed the sites impact in terms of capacity and queue length this has shown the junction operating within capacity in the AM peak period and over theoretical capacity (>90% Degree of Saturation (DoS) in the PM peak period on the Gracious Street and A59 High Street approaches in the future year base period. The application site generated traffic will increases the DoS on the A59 High Street approach.
9.33 The previously consented application reference 13/00535/EIAMAJ, Manse Farm, has a condition for off-site highway works to this junction to improve its operation. This is in the form of a Microprocessor Optimised Vehicle Actuation (MOVA) control system. As this site is yet to come forward to construction phase the LHA is seeking a similar condition to be attached to any consent for this site.
9.34 A59 York Road/Chain Lane/Wetherby Road Signal Controlled junction
9.35 The applicant has assessed the sites impact in terms of capacity and queue length this has shown the junction operating within capacity in the AM peak and PM peak period in the future year base and with the application site generated traffic.
9.36 Bond End
9.37 The A6055 Boroughbridge Road / A59 High Street signal junction and A6055 Boroughbridge Road/B6165 High Bond End/Church Lane junction, operate together and are known as Bond End Signal controlled junction. This is an Air Quality Management Area (AQMA) declared by the Council in 2010.
9.38 North Yorkshire County Council (NYCC) as the LHA commissioned consultants, WSP, to investigate solutions to address traffic and Air Quality at this junction. On 26th January 2017, NYCC Business and Environmental Services Executive Members agreed to progress the preferred solution to implementation stage. The approved scheme to progress to detailed design and implementation is two mini roundabouts, which will introduce air quality and transport benefits to the designated AQMA. It is appreciated that further complimentary measures to address air quality at the junction will be
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required including wider, holistic strategies including walking, cycling and sustainable transport modes.
9.39 The applicant has undertaken junction analysis at Bond End under its existing junction arrangement and the approved NYCC led improvement scheme. This has shown that in the future year base situation the Bond End junction will operate over capacity with significant queuing, particular on the A59 West Ahead Left arm and the A6055 Boroughbridge Road Left Ahead arm in the PM peak hour. The impact of the development on the current junction arrangement has shown the development will exacerbate the capacity issues and queue lengths at this junction.
9.40 Furthermore, the applicant has undertaken an assessment of NYCC preferred solution of two mini roundabouts at this location and has utilised the agreed VISSIM model used within the NYCC study to assess its impact. The applicants consultants have included trips from committed developments of:-
Land Off Bar Lane, Knaresborough Land Off Orchard Close, Knaresborough Land off A6055 Boroughbridge Road, Knaresborough Land at Manse Farm, Knaresborough
9.41 This has shown that as a result of this development there will be an increase in journey time and queue lengths at this junction, with an average increase in delay of 10 seconds per vehicle in the AM and PM peak hours. The predominate increase in journey times is in AM peak on the A59 High Street approach, with a maximum increase of 46 seconds and a maximum increase in queue length on B6165 High Bond End approach of 8 vehicles.
9.42 To mitigate this impact the applicant has agreed to provide a contribution towards complimentary measures at this junction which are to be secured through a Section 106 agreement.
9.43 Mitigating the impact of the application site on the wider highway network has to be considered in respect of Paragraph 108 of the NPPF, which states that decisions should take account of whether:-
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a) appropriate opportunities to promote sustainable transport modes can be – or have been – taken up, given the type of development and its location;
b) safe and suitable access to the site can be achieved for all users; and
c) any significant impacts from the development on the transport network (in terms of capacity and congestion), or on highway safety, can be cost effectively mitigated to an acceptable degree.
Development should only be prevented or refused on highway grounds where the impacts of development are severe. The above advice is reflected within the revised NPPF within Paras 108-109.
9.44 Taking each point in turn:
9.45 Sustainable connections
9.46 There is an existing footway, approximately 1.3m wide, along the site frontage on Boroughbridge Road connecting the site into Knaresborough and its amenities. The applicant will be enhancing these footway connections to provide a 2m wide across the site frontage, broadly in accordance with drawing reference 1659-F02 Revision B, and linking in with the provision to the south of the site.
9.47 The nearest existing bus stop is located approximately 800 metres from the site and is served by bus service 1C, providing four services per hour to Harrogate and Knaresborough. This bus stop is outside of the recommended walking distances, however, the aforementioned consented site, The Pastures Knaresborough, will be delivering the diversion of two services an hour to A6055 Boroughbridge Road. This will bring the nearest bus stop within 400m of the site and as such within recommended walking distances to encourage use.
9.48 The LHA has been in discussion with the developer over providing a contribution towards the package of complementary measures associated with the Bond End traffic and air quality improvement scheme. The developer has agreed to contribute £50,000 towards these complementary
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measures, the measures will replace vehicular trips with more sustainable modes of transport through improving pedestrian and cycle connections.
9.49 Access
9.50 The site is to be accessed through a single vehicular access on A6055 Boroughbridge Road in the form of a priority junction with a ghost island right turn lane on the A6055. Satisfactory visibility splays commensurate with the existing speed of traffic on Boroughbridge Road are to be provided.
9.51 The LHA is therefore satisfied that, in principle, a safe and suitable vehicular access can be achieved onto a publically maintained highway from the site, broadly in accordance with drawing reference 1659-F02 Revision B. This is not dependent on the reduced speed limit proposed below.
9.52 Extension of 30mph Speed limit
9.53 The applicant has indicated that the existing 30mph speed limit could be extended past the frontage of the site. Whilst the LHA does not object to this any relocation of the speed limit would need to comply with the national guidelines on setting local speed limit and would be subject to consultation and a legal process. It is therefore recommended that a contribution towards Traffic Regulation Orders is secured through S106 and visibility splays in line with existing 85th percentile speeds on Boroughbridge Road is provided.
9.54 Network Improvements
9.55 When considering whether or not the impact of development traffic will be “severe” the LHA takes consideration of:-
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Any identified highway safety issue
Any record of an accident pattern that would be exacerbated
If queuing at any arm of a junction will cause issues at a further key junction
If queuing is prolonged or only occurs for a short period of time
9.56 The term “severe” can itself be interpreted as “very great”. If the traffic from a development is not considered to have a very great impact on any of the above then the LHA do not consider that a development can be interpreted as having a severe impact and are unlikely to issue a recommendation of refusal on those grounds.
9.57 The Local Highway Authority do not object to the application but recommend that the following matters are addressed through inclusion in a Section 106 Agreement and by the imposition of conditions.
9.58 The following matters need to be included in a Section 106 Agreement in consultation with the highway authority:
£50,000 contribution towards complementary measures to encourage sustainable transport usage at the Bond End junction £5,000 Travel Plan monitoring fee £8,000 contribution toward Traffic Regulation Order and extension of 30mph speed limit on Boroughbridge Road.
9.59 Character and Appearance
9.60 Policy SG4 ‘Settlement Growth: Design and Impact’ advises amongst other criteria for development to be integrated with and complementary to local spatial qualities as well as being appropriate to form and character.
9.61 Saved Local Policy HD20: Design of New Development and Redevelopment sets out design advice and requires new development to make a positive contribution to the spatial quality of the area, and their siting and design should respect the area's character and layout.
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9.62 These policy objectives are generally consistent with the Framework’s emphasis on achieving high quality outcomes and the promotion of local character and distinctiveness.
9.63 The site has been the subject of review under the emerging local plan process and has been allocated as a housing site (Site K37). The allocation includes a number of developer guidelines to aid integration and mitigation of the site.
9.64 In terms of how these affect the form and character the developer guidelines identify a number of key issues, which can be summarised as: the layout should recognise the presence of the high voltage power line that crosses the site and ensure the provision of adequate amenity; provide open space that will contribute to creating a wider network of green infrastructure, capable of providing recreational opportunities as mitigation against increased recreational disturbance on the nearby Hay a Park Site of Special Scientific Interest (SSSI) and the adjacent Farnham South Lake Site of Importance for Nature Conservation (SINC); The design should recognise the constraints and opportunities of the topography of the site, including the prominent nature of the site frontage and enhance this important gateway to Knaresborough and seek to maintain views of the Spire of the Holy Trinity Church from public spaces within the site. To achieve this the guidelines suggest utilising varying built form density across the site, maximise retention of hedgerows and mature trees to the boundaries (including a buffer to the northern boundary SINC site) and seek to minimise harm to the setting of Scriven Conservation Area to the west.
9.65 The scheme is submitted in outline form with an illustrative masterplan. The master plan generally follows the design guidelines highlighted above. It is however noted that the scheme for up to 120 dwellings falls short of the potential yield of 146 identified in the guidelines. The guidelines were published after receipt of the application and whilst not adopted and therefore so not carry significant weight are indicative on how the site should be developed. The constraints of the site do however indicate that achieving a higher number of units would be difficult to achieve.
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9.66 The allocation of the site and subsequent development would result in the extension of the built edge of Knaresborough into the rural context, the rural context having a positive impact upon the approach to the town. The development will result in the loss of a greenfield site that is located outside the built form of Knaresborough, however, in order to meet the housing supply requirement for the district such sites have been allocated in the emerging Local Plan.
9.67 The masterplan highlights how up to 120 residential units can be incorporated onto the site. The masterplan despite preceding the guidelines has adopted a very similar approach towards development. Key design objectives have been generally been met i.e. providing a buffer to the north and eastern boundaries. The provision of a green infrastructure and open space by utilising the line of the power cables as a ‘trim trail’ whilst retaining the important trees and hedgerow to the site boundaries. The development avoids the higher ground to the west. The general conformity with the K37 developer guidelines is noted, but this will be required to be built upon at Reserved Matters stage through appropriate planning conditions and to ensure for instance views of the Holy Trinity church Spire are retained and respected.
9.68 With regards increased connectivity to the adjacent site, it is noted that the David Wilson Homes (DWH) layout does not include the provision of any footpaths to the boundary of the application site which would allow the developer to connect into. The POS within the DWH site has not been adopted by the Council and is within the control of a management company. The applicants have identified that they have no legal rights to connect into the DWH POS or carry out any works. The developers do however identify that they have been mindful of the need to ensure connectivity between the sites, as far as possible. As such, the proposals include upgraded footpaths along Knaresborough Road which link to the site to the DWH site below as well as the town centre itself.
9.69 Impact upon Heritage Assets
9.70 Impact on the Conservation Area
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9.71 The site does not fall within Scriven Conservation Area but the Conservation Area is located approximately 250 metres to the east. The definition of significance (for heritage policy) in the National Planning Policy Framework, 2018, is that significance derives not only from the heritage asset's physical presence, but also from its setting. Paragraph 194 of the NPPF states that the significance of a heritage asset can be harmed through development within its setting.
9.72 Paragraph 193 of Section 16 of the NPPF requires that “when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification”.
9.73 Paragraph 196 of Section 16 of the NPPF states that “where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use”.
9.74 Policy EQ2 (The natural and built environment and Green Belt) states that the District's exceptionally high quality natural and built environment will be given a level of protection appropriate to its international, national and local importance.
9.75 Paragraph 190 of the National Planning Policy Framework requires authorities to identify and assess the particular significance of any heritage asset that may be affected by a proposal taking account of available evidence and any necessary expertise. In this instance, the application is supported by a heritage statement and has been the subject of consultation with the in house conservation and design team.
9.76 The setting of Scriven Conservation Area is affected by development of the site, although physically separated from the designated area, the site is part of the wider rural context to Scriven. The site in its current state is
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considered to make a negligible contribution to the character and appearance of the Conservation Area but will have some limited impact upon setting.
9.77 The development would further extend the built edge of Knaresborough into its rural context, this rural context positively contributing to character and giving rise to an attractive approach to the town. This will have a consequential harmful impact on the wider, rural context of Scriven Conservation Area. Standard forms and density of development would increase harm. However, the current development to the south is already resulting in a change of character and development here would also be seen in its context.
9.78 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a duty on local authorities to pay attention to the desirability of preserving or enhancing the character or appearance of the Conservation Area and this is reflected within the saved HDLP Policy HD3. Policy HD20 sets out the design principles that should be taken into account in new development and redevelopment proposals, whilst Core Strategy policy SG4 is applicable to all development proposal in the District and seeks amongst other criteria to ensure that the scale, density layout and design should make the most efficient use of land and be well integrated and complimentary to neighbouring buildings and the spatial quality of the local area. In addition, the policy seeks to ensure that visual, residential and general amenity should be protected and where possible enhanced.
9.79 The Council’s conservation and design team consider that with mitigation the degree of harm to the setting of the conservation area would be classed as ‘less than substantial. Mitigation would include avoiding housing on the rising land setting development back from the road frontage. Density will need to be carefully considered in respect of the need to provide a transition from urban to rural environments. Careful consideration also needs to be made of the layout in relation to the electricity line / pylon in order to limit prominence of the feature as seen from within the site. These matters could be controlled in a revised Design and Access Statement at the reserved matters stage.
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The social benefit of the housing need outweighs this limited impact, which can be mitigated for at the detailed stage.
9.80 Impact on Listed Buildings
9.81 Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirability of preserving listed buildings or their setting or any features of special architectural or historic interest which they possess. The design guidelines for site K37 identify and recognise that there should be views of Holy Trinity Spire from public spaces within the site. The guidelines were published after the receipt of the application.
9.82 There are no listed building in the immediate vicinity of the site, although there are a number within 1km of the site including, Home Farmhouse approx. 640m from the site, former dog kennels c.690m and Ice House c700m. Holy Trinity Church because of its elevated nature and spire is visible at approx. c2km. The application is supported with a heritage statement that has been the subject of consultation with the in-house conservation and design team. The impacts upon the listed buildings are as a consequence of their distance from site when combined with limited setting, considered to be negligible. The Church Spire of Holy Trinity Church as a consequence of its height derives significance from as a deliberately conceived landmark feature. The height of the spire emphasising the social and architectural hierarchical dominance of the church. The significance of this heritage asset could be emphasised through retaining views of it from public areas within the site.
9.83 In terms of non-designated assets, the setting of pleasant row, a row of historic stone cottages located on Greengate Lane, is already affected by the current residential development and further development to this site would be seen in this already developed context.
9.84 In terms of archaeology the NYCC Heritage Team have recommended the imposition of a condition to secure a Written Scheme of Investigation in accordance with Section 12 of the NPPF (paragraph 141) as the site is of
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archaeological significance. Such an approach would be in accordance with the revised NPPF at paragraph 189.
9.85 Amenity - impact on existing and proposed residents
9.86 A core planning principle within paragraph 124 of the NPPF is that planning should always seek to secure good design to create better places in which to live and work.
9.87 Paragraph 127 of the NPPF advises that planning policies and decisions should amongst other matters seek to promote health and quality of life. Paragraph 170 seeks to prevent new development being put at unacceptable risk arising from noise, including through the use of conditions. Noise and disturbance arising from construction, including delivery and construction hours, can be adequately controlled by condition.
9.88 The nearest adjacent residential properties are located on the adjacent site that is still under construction. Apart from a change in outlook, the development can be accommodated on the plot without detriment to the residential amenity of these homes.
9.89 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.
9.90 A noise assessment has been submitted compiled by J Schofield of Wardell Armstrong, dated March 2017, reference LE13816. This report has made an assessment of the noise sources on site which are dominated by road traffic noise. It is noted the monitoring position was in the north-eastern part of the site, which is appropriate in terms of road traffic noise. The report concludes that mitigation measures will be required, however that this will need to be determined on a plot by plot basis. The CEHO therefore recommend that a further noise report is submitted at the detailed planning stage when more information is known about the layout and orientation of dwellings. The
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report should identify works and mitigation at specific locations given the noise exposure and work to the design specification in the agreed Wardell Armstrong report. The mitigation measures should consider the use of suitable glazing, acoustic ventilation, and protection of garden areas. This is likely to be required on a plot by plot basis.
9.91 The development as recognised by representations will have potential to impact upon amenity through increased air pollution created by additional traffic generated at the site. The developers have submitted an air quality assessment and report that has been the subject of consultation with the Chief Environmental Health Officer (CEHO). The CEHO has no objection subject to the imposition of conditions. Mitigation towards air quality at the Air Quality Management Areas (particularly Bond End, will require the developer to enter into a S106 to secure funding towards upgrade) and a condition securing electric vehicle charging points are also recommended.
9.92 Landscape
9.93 The site comprises arable fields adjacent to Boroughbridge Road. The site is adjacent to a residential construction site which currently forms the edge of the town’s suburban limits. There is hedgerow and a narrow pavement to the road frontage. On the other side of the road is a tall / overgrown hedgerow with trees. There is a hedgerow between the two fields that comprise the site. Wooded areas present on the north and north western edges of the site. A power line crosses the site (pylon located in southern field). Telegraph line also crosses site. The land is open and rises to the west up Scriven. There is a view possible of Holy Trinity’s spire in Knaresborough. Glimpse views of hills beyond when looking over the site to the north. There is limited visually connectivity between Scriven Conservation Area and the site. Glimpse views of the site may be possible between gaps in buildings on Greengate Lane, but these views will be affected by the development under construction. Open views of the southern half of the site are available from the track running to the south of Dog Kennel Wood. A partial view is also possible from the end of Dumb Pots Lane.
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9.94 The supporting Design and Access Statement identifies that the hedgerow to the frontage of the site (Boroughbridge Road) is to be retained and to become an important feature of the layout. Dwellings to the frontage are to be set back (reflective of the adjacent residential site) with the hedgerow enhanced with additional native species to help screen views and create a sense of enclosure.
9.95 A buffer zone is created to both the north and western boundary, where development seeks to avoid the higher ground with a smaller zone to the south where the site abuts the adjacent new housing estate currently under construction (David Wilson Homes). Internally these boundaries are to be re-enforced with new tree planting and a wildflower meadows created along the central ‘Trim Trail’. The northern boundary buffer will need to be extended from that shown on the masterplan to help provide ecological mitigation. The extended buffer will help ensure a much softer rural edge and transition from countryside to the development site itself.
9.96 The indicative layout targets the guidelines identified within K37 and whilst clearly the loss of the greenfield site, mitigation can be provide at the reserved matters stage.
9.97 Trees
9.98 The saved HDLP Policy HD13 identifies that much of the character of the Districts built up areas derives from the trees and woodland that contribute to the character and or setting of the settlement. The policy identifies proposals which would involve the loss of such trees or woodland will not be permitted.
9.99 The developer guidelines identified within the emerging local plan seeks to ensure that there is retention of hedgerows and mature trees on the site boundaries, including the veteran oak tree on the north western boundary.
9.100 The indicative masterplan retains and enhance these features. The Council’s Arboricultural officer has no objection to the development subject to the imposition of conditions and notes that the over mature oak to the north west boundary will require a large garden space or open space clear of targets allowing it room to decline over the next century or more.
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9.101 Ecology
9.102 Paragraph 170 of the NPPF identifies that development should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures.
9.103 Following receipt of the application, the applicants have submitted additional ecological information in the form of an addendum to the Ecological Appraisal (Aspect Ecology, 5th October 2017), which includes information relating to the Farnham South Lake Site of Importance for Nature Conservation (SINC), its value to wildlife, its potential vulnerabilities and proposed mitigation measures. The Ecological Appraisal highlights the potential for construction and operational impacts.
9.104 The addendum includes mitigation measures to the SINC site to the northern boundary. The Council’s Principal Ecological Officer has now withdrawn previous objections to the scheme, subject to the imposition of conditions. The revised report includes mitigation measures, including pollution prevention safeguards, access deterrents and an ecological buffer of 15m between the SINC and the development footprint. The SINC is currently fenced off from the site, and this is proposed to be replaced or supplemented with a close boarded fence to better deter unauthorised access. In addition, defensive planting at the northern site boundary, including thorny species such as Hawthorn, Holly and Blackthorn will further deter public access to the SINC. The buffer will also include wildflower meadows and a public footpath as part of the recreational strategy for the site.
9.105 Great Crested Newts occur widely in the vicinity and breeding has been found to occur in a very small on-site pond. The on-site pond will be enhanced as part of the proposals to ensure it holds water for a greater proportion of the year, whilst retaining the shallow edges to enhance habitat for Great Crested Newts, as well as other amphibians and invertebrate species on‐site. The pond will be allowed to colonise naturally with aquatic and marginal flora. A
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new, additional pond will be created within green space at the south‐east of the site, which will enhance potential Great Crested Newt breeding habitat on‐site.
9.106 Due to the loss of potential terrestrial foraging and commuting habitat, and the risk of harm to individual Great Crested Newts, the applicant’s ecological consultant advises that a Natural England mitigation licence will be required to facilitate the proposals. A detailed method statement for the mitigation strategy will be included with the licence application and should also be submitted to local planning authority prior to submission of a reserved matters application to ensure that it is compatible with the final landscaping layout of the scheme.
9.107 There is an opportunity with the implementation of this development to enhance connectivity for wildlife between important habitat patches on either side of Boroughbridge Road through the provision of an underpass, in order to offset some of the impacts of increased fragmentation resulting from increased urbanisation of this wildlife-rich fringe of Knaresborough. The developer has agreed contribute to the funding of the installation of a wildlife underpass to cross Boroughbridge Road through a unilateral undertaking. The underpass would provide greater connectivity between Farnham South Lake SINC and the quarry site to the east of Boroughbridge Road, providing safe passage for wildlife such as amphibians, badgers an otters – all of which utilise habitat on both sides of Boroughbridge Road (a design example is provided in the appendix Addendum to the ecological appraisal).
9.108 In relation to bats, the Ecological Appraisal concludes that “the site comprises low suitability habitat for foraging and commuting bats”. However, the northern boundary links in directly to high quality habitat of woodland and open water while Coney Garth is significant broadleaved woodland which lies in close proximity immediately to the west. There is also a veteran tree present on the north-west boundary of the site, which has a high potential to support roosting bats. There is therefore significant potential for bats to forage and commute along at least some of the site boundaries which are of a least ‘moderate’ suitability. Bat transect surveys are required to be
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undertaken to test this potential and to enable appropriate mitigation to designed accordingly. As the most sensitive corridors for bats are likely to be the boundary hedgerows. Which are proposed to be retained and buffered it is agreed that additional surveys required to inform a detailed mitigation and enhancement scheme for bats site can be secured as a planning condition and developed alongside the detailed site layout.
9.109 A range of ecological enhancements are outlined within the Ecological Appraisal, including wildflower grassland creation, hedgerow bolstering, native shrub planting and the creation of a new pond.
9.110 Natural England have expressed themselves content that this development, considered in isolation, is not likely to significantly increase disturbance at Hay-a-Park SSSI, which lies some 700m to the east, although they have expressed concern at cumulative impacts accruing from housing developments currently under construction or in the planning process. Natural England note that effective on-site mitigation is likely to comprise the strategic provision of alternative areas of open space for a variety of use including dog walking and NE note that a relatively large amount of open space has been provided on-site here, according to the development framework plan.
9.111 Flood Risk and Drainage
9.112 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 155 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.
9.113 The Local Lead Flood Authority has been consulted upon the scheme and following amendment has confirmed that there are no objections to the development subject to the imposition of conditions.
9.114 Community Facilities
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9.115 Core Strategy Policy C1 expects developers to provide for and/or contribute to the provision of community and other infrastructure needs generated by their development where this is necessary to make a development acceptable in planning terms.
9.116 As an outline application the final quantum and mix of development is not known and as such the open space needs of the development can be controlled by the imposition of a condition.
9.117 The NYCC Education Officer has confirmed that based on an outline of 120 homes that there would be an education contribution requirement aimed at Knaresborough Meadowside Community Primary School of some £407,880. This would be controlled through the S106 Agreement if members were minded to approve the scheme.
9.118 ECONOMIC SUSTAINABILITY
9.119 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.
9.120 Officers accept that these economic factors have not been quantified, and are unlikely to be significant in terms of the local economy. However, it is an 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 applicants have submitted a Phase 2 contaminated land assessment, which has been the subject of review by the Chief Environmental Health Officer (CEHO). The CEHO advises that it would be recommended that an unexpected ground contamination condition is applied to the site in the event that any unforeseen contamination is found at the site.
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10.2 Given the sites location adjacent to existing residential property, controlling conditions are recommended to mitigate against construction noise/activity and potential dust prevention.
10.3 Comments have been received regarding the loss of agricultural land. Section 15 of the NPPF at Paragraph 170 seeks to protect soils. The Planning Practice Guidance identifies that Natural England must be consulted on sites that are likely to cause the loss of 20 hectares or more of the best and most versatile land where land is not included within local plans. The site is allocated in the emerging local plan, but at c7 hectares falls well below the threshold identified within the guidance. Natural England has not commented on the loss of the land in their response.
11.0 PLANNING BALANCE & CONCLUSION
11.1 The NPPF confirms that planning law requires that applications for planning permission be determined in accordance with the development plan unless material considerations indicate otherwise. It is accepted that in order to deliver this housing requirement, greenfield sites outside the development limits of the larger settlements will be required. Accordingly, polices SG1 and SG2 are considered out of date, although it is acknowledged that the growth patterns towards the major settlement and larger villages are considered consistent with sustainable patterns of growth.
11.2 The council cannot demonstrate a 5 year housing land supply. The current supply of deliverable housing land is 4.5 years. The site has been identified as an allocated site within the emerging Local Plan.
11.3 Paragraph 11 of the NPPF is engaged because of the absence of a 5 year housing land supply. Paragraph 11 states that a presumption in favour of sustainable development exists.
11.4 The proposed development has clear social benefits in making a contribution to addressing 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.
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11.5 It is acknowledged that like with the adjacent DWH site to the immediate south that the site is clearly not located so well relative to the existing rail infrastructure but bus services providing connectivity to Knaresborough town centre and destinations accessible by public transport from there do pass along Boroughbridge Road. That said, the relevant intention of the Framework concerns not only existing public transport accessibility but also future potential. A core principle of the Framework is to “actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable” and the existing stop would be reasonably accessible to the site. Leaving aside the encouragement of walking and cycling through the medium of the Travel Plan, it is plain that the principal alternative to private motorised transport at this location would be bus travel. The existing bus route via Hyde Park Road is to be diverted to the DWH to the south of the site, thus improving connectivity further.
11.6 In this case, there are no economic or environmental effects of development that significantly or demonstrably outweigh the social benefits of providing new housing in this location. As such, the development is considered to be sustainable when applying the ‘tilted balance’ at paragraph 11 of the National Planning Policy Framework.
12.0 RECOMMENDATION
12.1 That the application be DEFERRED and APPROVED subject to conditions and a S106 Agreement to secure the following Heads of Terms:
Highway Improvements Affordable Housing Open space provision Education Contribution Landscape Management Ecological Improvements
Proposed Conditions:
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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) appearance;
(b) landscaping;
(c) layout; and
(d) 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 Any application for approval of reserved matters under this outline permission shall be accompanied by a revised design and access statement covering the following information and or issues :
Seek to maintain views of the Spire of Holy Trinity Church from public spaces within the site.
Provide an appropriate buffer to the northern and eastern boundaries of the site
Avoid the high ground to the west of the site to ensure impact upon the Special Landscape Area and Scriven Conservation area is minimised.
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
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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 -
(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.
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(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 Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundwork’s, except for investigative works or the depositing of material on the site, until the following drawings and details 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:
o the proposed highway layout including the highway boundary
o dimensions of any carriageway, cycleway, footway, and verges
o visibility splays
o the proposed buildings and site layout, including levels
o accesses and driveways
o drainage and sewerage system
o lining and signing
o traffic calming measures
o 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:
o the existing ground level
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o the proposed road channel and centre line levels
o full details of surface water drainage proposals.
c. Full highway construction details including:
o 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
o when requested cross sections at regular intervals along the proposed roads showing the existing and proposed ground levels
o kerb and edging construction details
o 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.
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 with the Local Planning Authority in consultation with the Highway Authority.
INFORMATIVE
In imposing the condition above it is recommended that before a detailed planning submission is made a draft layout is produced for discussion between the applicant, the Local Planning Authority and the Highway
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Authority in order to avoid abortive work. The agreed drawings must be approved.
8 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 in consultation with the Highway Authority before the first dwelling of the development is occupied.
9 There shall be no access or egress by any vehicles between the highway and the application site until full details of any measures required to prevent surface water from non-highway areas discharging on to the existing or proposed highway together with a programme for their implementation have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The works shall be implemented in accordance with the approved details and programme.
10 Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundwork’s, expect for investigative works or the depositing of material on the site, until the details of the construction access have been approved in writing by the Local Planning Authority in consultation with the Highway Authority. Once created no vehicles shall access the site except via the approved construction access. The access shall be constructed in accordance with details approved in writing by the Local Planning Authority in consultation with the Highway Authority for a minimum distance of 30 metres into the site. The access shall be maintained in a safe manner which shall include the repair of any damage to the existing adopted highway occurring construction.
11 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 120 metres measured along both channel lines of the major road, Boroughbridge Road,
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from a point measured 2.4 metres down the centre line of the access road. The eye height 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.
12 Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundwork’s, 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, works listed below have been submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway 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 in consultation with the Local Highway Authority.
The required highway improvements shall include:
a. Provision of a 2m wide footway on Boroughbridge Road, broadly in accordance with drawing reference 1659-F02 Revision B
b. Provision of a right turn lane access on Boroughbridge Road, broadly in accordance with drawing reference 1659-F02 Revision B
c. Installation of MOVA at Gracious Street signalised junction
13 Unless otherwise approved in writing by the Local Planning Authority in consultation with the Highway Authority, the development shall not be brought into use until the following highway works have been constructed in accordance with the details approved in writing by the Local Planning Authority under condition number 7
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14 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.
15 Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 or any subsequent Order, the garage(s) shall not be converted into domestic accommodation without the granting of an appropriate planning permission
16 There shall be no excavation or other groundwork’s, except for investigative works or the depositing of material on the site, until details of measures to maintain the free flow of traffic on the highway network have been approved in writing by the Local Planning Authority in consultation with the Highway Authority and the development shall thereafter be carried out and operated in accordance with the Construction Traffic Management Plan. The measures shall include but not be limited to:
1) Details of the routes to be used by HCV construction traffic.
2) Traffic Management Plan
3) Management and control of HCV construction traffic
4) Measures to prevent mud/dirt being deposited on the highway.
5) Parking / Storage areas
6) A highway condition survey on agreed route
7) A programme for the works
17 Prior to the development being brought into use, a Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. This shall include:
a. the appointment of a travel co-ordinator
b. a partnership approach to influence travel behaviour
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c. measures to encourage the use of alternative modes of transport other than the private car by persons associated with the site
d. provision of up-to-date details of public transport services
e. continual appraisal of travel patterns and measures provided through the travel plan
f. improved safety for vulnerable road users
g. a reduction in all vehicle trips and mileage
h. a programme for the implementation of such measures and any proposed physical works
i. procedures for monitoring the uptake of such modes of transport and for providing evidence of compliance.
The Travel Plan shall be implemented and the development shall thereafter be carried out and operated in accordance with the Travel Plan.
18 Development shall not commence until a scheme detailing foul and surface water drainage has been submitted to and approved in writing by the Local Planning Authority. The scheme shall detail phasing of the development and phasing of drainage provision, where appropriate. Principles of sustainable urban drainage shall be employed wherever possible. The works shall be implemented in accordance with the approved phasing. No part or phase of the development shall be brought into use until the drainage works approved for that part or phases have been completed.
19 Development shall not commence until a scheme restricting the rate of development flow runoff from the site has been submitted to and approved in writing by the Local Planning Authority. The flow rate from the site shall be restricted to a maximum 1 in 1 year flow rate of 1.4 litres per second per hectare. A 30% allowance shall be included for climate change effects and an additional 10% allowance for urban creep for the lifetime of the development. Storage shall be provided to accommodate the minimum 1 in 100 year plus climate change plus urban creep critical storm event. The scheme shall
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include a detailed maintenance and management regime for the storage facility. No part of the development shall be brought into use until the development flow restriction works comprising the approved scheme have been completed. The approved maintenance and management scheme shall be implemented throughout the lifetime of the development.
20 Development shall not commence until a scheme, detailing the treatment of all surface water flows from parking areas and hard standing through an oil interceptor, road side gullies, reedbed or alternative treatment system, has been submitted to and approved in writing by the Local Planning Authority. Use of the parking areas/hard standing shall not commence until the works comprising the approved treatment scheme have been completed. Roof water shall not pass through the treatment scheme. Treatment shall take place prior to discharge from the treatment scheme. The treatment scheme shall be retained, maintained to ensure efficient working and used throughout the lifetime of the development.
21 Development shall not commence until a scheme for the accommodation of additional flows impacting upon the watercourse network have been submitted to and approved in writing by the Local Planning Authority. The scheme shall cater for the impact resulting from the minimum 1 in 100 year return period storm event including a 30 % allowance shall be included for climate change effects for the lifetime of the development. No part of the development shall be brought into use until the works comprising the scheme approved under this condition have been completed.
22 No development shall take place until a management and maintenance plan of surface water drainage for the site based on sustainable drainage principles has been submitted to and approved in writing by the Local Planning Authority. The surface water drainage design should demonstrate that the surface water runoff generated during rainfall events up to and including the 1 in 100 years rainfall event, to include for climate change and urban creep, will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The approved drainage system shall be
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implemented in accordance with the approved detailed design prior to completion of the development.
The scheme to be submitted shall demonstrate that the surface water drainage system(s) are designed in accordance with the standards detailed in North Yorkshire County Council SuDS Design Guidance (or any subsequent update or replacement for that document).
23 The site shall be developed with separate systems of drainage for foul and surface water.
24 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the local public sewerage, for surface water have been completed in accordance with details submitted to and approved by the Local Planning Authority.
25 Before any materials are brought onto the site or any development is commenced, the developer shall implement the agreed specification for root protection area (RPA) (as per fpcr Arboricultural Report dated March 2011) fencing in line with the requirements of British Standard BS 5837: 2012 Trees in Relation to Construction - Recommendations, or any subsequent amendments to that document, around the trees or shrubs or planting to be retained, as indicated on the approved plan and for the entire area as specified in accordance with BS 5837:2012. The developer shall maintain such fences until all development the subject of this permission is completed
26 No operations shall commence on site in connection with the development hereby approved (including any demolition work, soil moving, temporary access construction and/or widening or any operations involving the use of motorised vehicles or construction machinery) until the root protection area (RPA) works required by the approved tree protection scheme are in place.
27 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 in the approved root protection area scheme. The level of
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the land within the fenced areas shall not be altered without the prior written consent of the Local Planning Authority.
28 No operations shall commence on site in relation to the approved landscaping plan until a detailed scheme, for sustainable tree planting, has been approved. Such a scheme shall incorporate underground systems (e.g. Rootcell, Stratacell, Silva cell or similar products) and provide a sufficient area of growth medium for long term tree growth. Such systems are used to protect underground services and above ground surfaces where hard standing is present within 3 metres of a newly planted tree.
29 A) No demolition/development shall commence until a 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.
B) No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A).
C) The development shall not 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
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condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.
30 A detailed noise report shall be submitted for the written approval of the local planning authority for each phase of development which should identify works and mitigation at specific locations given the noise exposure and work to the design specification in the agreed Wardell Armstrong report. The mitigation measures should consider the use of suitable glazing, acoustic ventilation, and protection of garden areas. Thereafter the approved mitigation measures shall be installed before use of each phase or phases of development begins and thereafter retained. The approved scheme shall be fully implemented and completed prior to occupation of the site.
31 Prior to the commencement of the preparatory and construction phrases a detailed assessment should be provided by a suitably competent person for the written approval of the Local Planning Authority. Such an assessment should identify all dust mitigation measures to be employed during preparatory and construction phrase. Such measures as approved to be fully instigated and maintained during the preparatory and construction phase.
32 All preparatory and construction work activities shall take place between the hours of 0800 to 1800 Monday to Friday, 0800 to 1300 Saturday and no working on Sundays and Statutory Holidays
33 Prior to commencement of development an electric vehicle infrastructure strategy and implementation plan, to include details of the number, location and maintenance of electric vehicle charging points shall be submitted for the written approval of the local planning authority. Thereafter the development shall be carried out as approved with charging points associated with dwellings installed prior to occupation of that dwelling
34 In the event that ground 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 following requirements:
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A. Site Investigation
An 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,
* groundwater’s 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'.
Where remediation is necessary a remediation scheme must be prepared in accordance with the requirements.
B. 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 must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with section C.
35 No development shall take place until a Construction & Environmental Management Plan (CEMP) has been submitted to and agreed in writing by the Local Planning Authority. The CEMP should address issues including, but not limited to, minimisation of impacts on Farnham South Lake SINC, impacts on retained trees and hedgerows; impacts on species including bats, great crested newts, nesting birds, hedgehogs and (if necessary) eradication of invasive species. It should include provision of integrated swift and bat bricks within some of the new dwellings. No removal of trees, hedgerows or scrub shall be undertaken before the CEMP has been agreed in writing with the Local Planning Authority. The CEMP shall be implemented in full accordance with the approved details.
36 No development shall take place until an Ecological Management and Enhancement Plan (EMEP) has been agreed in writing by the Local Planning Authority. The EMEP shall be based upon the mitigation and enhancement measures identified in the Ecology Report and Addendum submitted with the planning application. For the avoidance of doubt, the EMEP shall include details of a buffer between the SINC and any built form approved as part of
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the planning permission, which shall be a minimum depth of 15m. The EMEP shall be implemented in full accordance with the approved details.
37 As part of any Reserved Matters submission, a detailed Lighting Strategy which considers the potential impact on bats shall be submitted to and approved in writing by the Local Planning Authority. The Lighting Strategy shall be implemented in full accordance with the approved details.
38 As part of any Reserved Matters submission, Bat Activity Surveys shall be submitted to the Local Planning Authority. The findings of these surveys shall inform details of landscaping and layout. Any mitigation measures recommended shall be incorporated into the Ecological Management and Enhancement Plan.
39 An indicative drawing for the location, layout and design of a wildlife underpass shall be submitted for the written agreement of the local planning authority, prior to the submission of a reserved matters application in order to enable the Local Planning Authority to negotiate its implementation under the approval of the Highways Authority.
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 both visual amenity and to retain the significance of the setting of the Holy Trinity Church Spire.
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
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7 In accordance with policy SG4 and to secure an appropriate highway constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of highway users.
8 In accordance with policy SG4 and to ensure safe and appropriate access and egress to the dwellings, in the interests of highway safety and the convenience of prospective residents
9 In accordance with policy SG4 and in the interests of highway safety.
10 In accordance with policy SG4 and in the interests of both vehicle and pedestrian safety and the visual amenity of the area.
INFORMATIVE
You are advised that a separate licence will be required from the Local Highway Authority in order to allow any works in the adopted highway to be carried out. The 'Specification for Housing and Industrial Estate Roads and Private Street Works' published by North Yorkshire County Council, the Highway Authority, is available at the County Council's offices. The local office of the Highway Authority will also be pleased to provide the detailed constructional specification referred to in this condition.
11 In accordance with policy number Core Strategy Policy SG4 and in the interests of road safety.
INFORMATIVE
An explanation of the terms used above is available from the Highway Authority
12 In accordance with Core Strategy policy SG4 and to ensure that the details are satisfactory in the interests of the safety and convenience of highway users.
13 In accordance with policy SG4 and in the interests of the safety and convenience of highway users
INFORMATIVE SECTION 278 AGREEMENT
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There must be no works in the existing highway until an Agreement under Section 278 of the Highways Act 1980 has been entered into between the Developer and the Highway Authority.
14 In accordance with Core Strategy policy SG4 and 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
15 In accordance with policy SG4 and to ensure the retention of adequate and satisfactory provision of off-street accommodation for vehicles generated by occupiers of the dwelling and visitors to it, in the interest of safety and the general amenity the development
16 In accordance with policy number SG4 and 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 and the amenity of the area.
17 In accordance with policy SG4 and to establish measures to encourage more sustainable non-car modes of transport
18 To prevent the increased risk of flooding; to ensure the provision of adequate and sustainable means of drainage in the interests of amenity.
19 To mitigate additional flood impact from the development on the wider environment.
20 To prevent pollution of the water environment from the development site.
21 To accommodate flows in storm events and allow for future maintenance, whilst mitigating the impact of the development on the existing watercourse network
22 To ensure the future maintenance of the sustainable drainage system, to improve and protect water quality and improve habitat and amenity.
23 To prevent pollution of the water environment.
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24 To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the foul sewer network
25 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.
26 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.
27 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.
28 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.
29 In the interests of the archaeological value of the site.
30 In the interests of residential amenity
31 In the interests of residential amenity
32 In the interests of residential amenity
33 In the interests of maintaining air quality
34 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.
35 In the ecological interests of the site
36 In the ecological interests of the site
37 In the ecological interests of the site
38 In the ecological interests of the site
39 In the ecological interests of the site
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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: Andy Hough Expiry Date: 26 July 2017
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