HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 24 September 2013
HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 24 September 2013
PLAN: 03 CASE NUMBER: 13/02358/OUTMAJ GRID REF: EAST 430810 NORTH 451405 APPLICATION NO. 6.79.1136.AJ.OUTMAJ DATE MADE VALID: 24.06.2013 TARGET DATE: 23.09.2013 CASE OFFICER: Mrs Kate Williams WARD: Pannal
VIEW PLANS AT: http://uniformonline.harrogate.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=MOLJY0HY64000
APPLICANT: Forward Investments LLP
AGENT: Addison Planning Consultancy LLP
PROPOSAL: Outline application for demolition of existing buildings to be replaced with a mixed use development to include dwellings, serviced employment plots (use class B1), retail units (use class A1), park and ride, sports pitches and amenity space with access considered (site area 10ha).
LOCATION: Pannal Business Park Station Road Pannal North Yorkshire
REPORT
SITE AND PROPOSAL
This outline application seeks approval for access with all other matters, including layout, design and landscape, reserved for subsequent approval. As an outline application detailed consideration will always be required on the use and amount of development and in cases where layout and scale are reserved an application will still require a level of information on these issues within the submitted scheme.
In this respect the applicants have provided details of the proposed use of the site with the demolition of existing buildings to be replaced with a mixed use development. This will include the retention of the ‘art deco building’, 120 dwellings, 2.7ha of serviced employment plots (within Use Classes B1 and B1c), 557 square metres of retail space (A1 Use Class), a park and ride with 75 car parking spaces linked close to a new Station access, provision of sports pitches on site amenity space, modified access to Station Road and creation of new roundabout and access from the A61 Leeds Road.
The application site comprises the former Dunlop Latex Foam manufacturing storage and distribution premises located in Pannal. The previously developed part of the site extends approximately 6.8 hectares and forms roughly wedge shaped area between the A61 to the southeast and the Leeds-Harrogate railway to the northwest. The site extends from the centre of the village to the northeast open countryside to the southwest. This application also includes areas of agricultural land within the application boundary to the south and southwest resulting in an overall site area of 10. 26Ha (25.35 acres).
The railway line which includes Pannal station creates a distinct boundary to the site to the northwest; as does the open countryside to the southwest, which also forms the Green Belt boundary. The boundary to the A61 road is less distinct due to other commercial and residential premises having road frontages. Station Road forms the northeast boundary. The area around Station Road is of mixed land use character.
The Dunlop Company left the site circa 2008, the site is now used for a variety of small and medium business with a range of B1 to B8 uses as the former company went into administration and the site was vacant. Within the site the main office building dominates, there is an office block of attractive ‘art deco’ style at the site entrance and several other minor structures around the main buildings. The larger building compromise a four storey concrete framed brick/clad office block, while the other functional buildings are generally brick with corrugated roofs. Various items of plant have been located on the site including various flues. There are areas of hard standing and car parking throughout the site. Within the site is an unused ‘sports ground’ area containing a derelict pavilion and groups of trees covered by Tree Preservation Orders (TPO’s). Land levels vary significant within the site. This is most apparent when viewed from the A61 as the businesses fronting the road are at a significantly higher level. The site slopes from this elevated position down towards the railway line. The steepness of the site is generally obscured due to the numerous buildings that are on the site.
The scheme is supported with a Design and Access Statement together with an illustrative layout that gives an indication of the scale parameters of the proposed development. Of further relevance to this report are the following documents which were submitted with this application and comprise the following information:
* DP1d Proposed Outline Masterplan * DP2 Section 106 Agreement Heads of Terms * DP4b Affordable Housing Statement * DP6a Transport Assessment (inc Travel Plan Framework) * DP7 FRA and Drainage Strategy * DP8 Environmental Risk Phase 2 * DP9 Economic Benefits Report * DP10 Landscape and Visual Appraisal * DP11 Extended Phase 1 Habitat Survey (Update) * DP12 Tree Survey * DP13 Heritage Assessment * DP14 Sustainability Pre-assessment Report and Sustainable Construction Proforma * DP14 Statement of Community Involvement The land outside of the curtilage of the former Dunlopillo site to the southwest is located within the open countryside and Green Belt. It is shown as providing the location for the sports pitches, a small children’s play area, car park for sports pitches and planted area on the edge of the site. The other area of land outside of the curtilage of the industrial/employment area incorporates the A61 to the south of the site and will be used to create the access into the site from a new three arm roundabout from the A61 Leeds Road. It will also incorporate pedestrian and cycle access and to the south of this access road could accommodate tree planting. This part of the applications site is overlooked by 3 residential properties, which are set back approximately 55m at the nearest point from the access road. Woodland planting provision to the roundabout is shown in this area.
The previously developed part of the site, is set out into two sections comprising land for residential and land for business. Of the whole site 4.08 Ha is set aside for residential development including 40% of this being affordable. This would run from the southwest of the site bordering the general area of the playing fields running parallel with the railway line towards the north of the site. The remaining area is approximately 2.7 ha and fronts the Station Road car park, incorporating the existing access into the site. This area is shown to include for the provision of serviced employment plots, small scale retail element fronting onto Station Road element, pedestrian link to the railway station the park and ride and its parking area. High density housing is proposed closer to the employment buildings. The employment units are also shown to back onto the car showrooms outside of the site, and which front the A61. This part of the site also shows possible pedestrian links from outside of and throughout the site.
MAIN ISSUES 1. POLICY CONTEXT 2. PRINCIPLE OF DEVELOPMENT 3. ECONOMIC AND EMPLOYMENT IMPLICATIONS 4. HIGHWAYS, TRANSPORTATION AND ACCESS 5. AFFORDABLE HOUSING 6. PUBLIC OPEN SPACE & COMMUNITY FACILITIES PROVISION INCLUDING EDUCATION 7. PROVISION OF SMALL SCALE RETAIL FACILITY 8. LAYOUT AND DESIGN 9. LANDSCAPE AND ARBORICULUTAL IMPACT 10. ECOLOGICAL IMPACT 11. LAND CONTAMINATION REMEDIATION 12. DRAINAGE REQUIREMENTS 13. SUSTAINABLE CONSTRUCTION REQUIREMENTS 14. RESIDENTIAL AMENITY
RELEVANT SITE HISTORY
The site has a varied planning history, which more recently relates to small scale development following the closure of the manufacturing process at the Dunlopillo factory. These are not of relevance to this application.
07/02567/SCREEN: Screening Opinion, Environmental Impact Assessment for demolition and redevelopment of site for residential, retail and business uses and health centre. Decision: Environmental Impact assessment not required. 29.05.2007.
07/05153/OUTMAJ - Outline application for the demolition of existing buildings to be replaced with a mixed use development to include 200 dwellings, B1 office space, retail, health centre, community facility, parking and amenity space with access considered (site area 6.8ha). REFUSED 04.01.2008
There were 6 refusal reasons:
1. The application site is currently in employment use and has been identified as having specific potential to be re-developed for a high quality business park by reason of its public transport links. In the absence of the scope for major office and business park expansion in the centre of either Harrogate or Knaresborough, or at Hornbeam Business Park, this site offers the only railway station based opportunity in the District for such a sustainable business park to serve Harrogate and Knaresborough and would make a major contribution to the specific needs for employment land in the region. If approved, this proposal would be likely to result in about 5.5 hectares of the 6.8 hectare site being developed for housing and associated open space, and it is considered that the availability of a five-year housing land supply in the District does not warrant the loss of this employment land to housing. The loss of employment land on this site and lost opportunity to maximise the transport benefits of the site would therefore be in conflict with saved Policy E2 of the Harrogate District Local Plan (as altered, 2004) and the Council's Submission draft Core Strategy Policy JB3 and TRA2.
2. The application proposals fail to make adequate provision for affordable local needs housing in that the proposed level and split of provision in not in accordance with the Council's policy approach. The Council generally seeks to secure a mix of 2 and 3 bedroom family dwellings, with about 65% in the rented sector and 35% in affordable home ownership. Therefore the application does not comply with saved Policy H5 of the adopted Harrogate District Local Plan (as altered, 2004).
3. The application proposals will result in unnecessary pollution and congestion on Pannal Bank and the A61, and would result in a form of development that conflicts with local and national guidance upon reducing the dominance of the car as the principle means of access for residential development contrary to saved Policies A1, T20, T21, and T22a of the adopted Harrogate District Local Plan (as altered, 2004), Policies T1, T3 and T8 of the Yorkshire and Humber draft revised Regional Spatial Strategy, and contrary to guidance in Manual for Streets, PPG 13 and North Yorkshire County Council Residential Highway Design Guide.
4. The application proposal makes no provision for the replacement of the existing sports pitch and pavilion located within the site. In the absence of any evidence that these facilities are surplus to the requirements of the local community it is considered that the loss of recreation open space in the proposed redevelopment is contrary to Policy R1 of the adopted Harrogate District Local Plan (as altered, 2004).
5. The proposed provision of public open within the development is considered to be inadequate in both quantative and qualitative terms, and the application proposals are therefore considered to be unsatisfactory in that the proposal fails to make adequate provision for open space requirements to meet local needs in accordance with saved Policy IMP2 Harrogate District Local Plan (as altered, 2004) and Government guidance in PPG17 (Sport & Recreation). 6. Having regard to the existing form and character of the settlement of Pannal, the Local Planning Authority does not consider that the scale, density, layout and design shown in the indicative proposals are sufficiently in keeping with the surrounding area to respect local distinctiveness, or make a positive contribution to the spatial and visual quality of the settlement, in accordance with the aims and provisions of saved Policies HD20, A1, H6, and H13 of the adopted Harrogate District Local Plan (as altered, 2004).
The above decision was subsequently appealed at Public Inquiry, and was dismissed, with all the above refusal reasons being accepted by the Planning Inspector.
08/00015/REFPP - Outline application for the demolition of existing buildings to be replaced with a mixed use development to include 200 dwellings, B1 office space, retail, health centre, community facility, parking and amenity space with access considered (site area 6.8ha). DISMISSED 27.02.2009
13/01684/SCREEN Environmental Impact Assessment Screening Opinion for 2.7ha of employment plots, 120 dwellings, park and ride car park, sports pitches and modification to accesses. ENVIRONMENTAL IMPACT ASSESSMENT NOT REQUIRED 29.05.2013
The screening opinion documentation has been considered in relation to Schedules 2 and 3 of Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. The proposal is unlikely to have significant effects on the environment by virtue of its size, nature or location. It is concluded that the development is not of more than local importance, or in an environmentally sensitive or vulnerable location and the proposal would not have unusually complex or potentially hazardous effects. As such it is the opinion of the Council that an Environment Impact Assessment is not required.
CONSULTATIONS/NOTIFICATIONS
DCS Arboricultural Officer No overriding objections but recommends conditions. See the report.
Rural Strategy Officer No objection, but recommends conditions. See the report.
NYCC Highways And Transportation See comments from the Local Highways Agency.
DCS - Open Space Not received at time of writing report.
EHO Contaminated Land No objection, but recommends conditions. See the report.
Housing Department No objection, but recommends conditions. See the report.
Network Rail Network Rail has no objection in principle to the development, but recommends conditions and safeguards.
H.B.C Land Drainage No objection, but recommends conditions. See the report.
Yorkshire Water Ltd (PO Box 500) No objection, but recommends conditions. See the report.
Conservation and Design Section No overriding objections but wish to make comments and seek safeguards. These are assessed in the report.
Landscape Officer No overriding objections but wish to make comments and seek safeguards. These are assessed in the report.
Environment Agency - Dales Area Office No objection, but recommends conditions. See the report.
County Education Officer An Education Contribution of £407,880.00 has been calculated by NYCC. The Education Contribution to be spent by NYCC on the provision of infrastructure associated with primary school education provision in Pannal.
Police Architectural Liaison Officer No overriding objections. The PALO makes detailed comments on the layout which would be a reserved matter. The Architectural liaison Officer comments that: "I am pleased to see in the Planning Statement at 3.5 that Secured by Design has been mentioned and that the applicant has addressed some of my recommendations in my report from the EIA Screening, report in May 2013 for the residential part of this proposed development. The residential layout of the estate is quite good with small cul-de-sacs and in- curtilage parking."
DOT - Highways Agency The Highways Agency has issued a Direction (TR110) preventing the Council approving the application until they are satisfied that there is no cumulative impact on Junction 47 of the A1(M) or that appropriate mitigation measures will be provided. Work to establish whether there is an impact is currently on-going with the Highways Agency.
KIRKBY OVERBLOW PARISH COUNCIL (141)
Economic Development Officer No objections but wish to make comments and seek safeguards. These are assessed in the report.
Planning Policy On balance, no objections, but recommends provision of the conditions and obligations to secure satisfactory community facilities and employment units. See the report.
RELEVANT PLANNING POLICY NPPF National Planning Policy Framework CSSG1 Core Strategy Policy SG1 Settlement Growth: Housing Distribution CSSG2 Core Strategy Policy SG2 Settlement Growth: Hierarchy and limits CSSG3 Core Strategy Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt CSSG4 Core Strategy Policy SG4 Settlement Growth: Design and Impact CSEQ1 Core Strategy Policy EQ1: Reducing risks to the environment CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt CSC1 Core Strategy Policy C1: Inclusive communities CSJB1 Core Strategy Policy JB1: Supporting the Harrogate District economy CSJB3 Core Strategy Policy JB3: Land for jobs and business CSTRA1 Core Strategy Policy TRA1: Accessibility CSTRA2 Core Strategy Policy TRA2: Transport infrastructure CSTRA3 Core Strategy Policy TRA3: Travel management LPE02 Harrogate District Local Plan (2001, as altered 2004) Policy E2, Retention of Industrial/Business Land and Premises LPH05 Harrogate District Local Plan (2001, as altered 2004) Policy H5, Affordable Housing LPHD13 Harrogate District Local Plan (2001, as altered 2004) Policy HD13, Trees and Woodlands LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPR01 Harrogate District Local Plan (2001, as altered 2004) Policy R1, Existing Recreation Open Space LPR05 Harrogate District Local Plan (2001, as altered 2004) Policy R5, New Sports and Recreational Facilities LPR12 Harrogate District Local Plan (2001, as altered 2004) Policy R12, Sport and Recreation Development in the Countryside LPC02 Harrogate District Local Plan (2001, as altered 2004) Policy C2, Landscape Character LPNC04 Harrogate District Local Plan (2001, as altered 2004) Policy NC4, Semi-Natural Habitats LPT11 Harrogate District Local Plan (2001, as altered 2004) Proposal T11, Park and Ride SPDPOS Supplementary Planning Document: Provision for Open Space in Connection with New Housing Development SPDPVH Supplementary Planning Document, Provision for Village Halls in Connection with New Housing Development SPGLAP Supplementary Planning Guidance, Landscape Character Assessment of Harrogate District SPGRES Supplementary Planning Guidance, Residential Design Guide SPDHSE Supplementary Planning Document: House Extensions and Garages Design Guide
APPLICATION PUBLICITY SITE NOTICE EXPIRY: 26.07.2013 PRESS NOTICE EXPIRY: 01.08.2013
REPRESENTATIONS KIRKBY OVERBLOW PARISH COUNCIL - The Parish Council does not object to or support the application but wishes to make comments or seek safeguards as set out. "We support the view of Pannal Village Society in that we would prefer to see the residential area at the western end of the site adjoin Pannal Village and the commercial and industrial area moved to the eastern side away from the village."
OTHER REPRESENTATIONS PANNAL VILLAGE SOCIETY “Pannal Village Society (PVS) wish to object to the mixed development application on the Dunlopillo site based on the following comments:
1 RESIDENTIAL LAYOUT - Whilst PVS supports the principle of a mixed development, the layout of the residential area to the south of the site will result in it becoming remote from the village settlement and therefore less sustainable. It is separated from the village by commercial property identified as employment B1, mixed use, retail and the park and ride. For anyone wishing to visit the existing village facilities, the doctors, the church, the school or the village hall they must pass through this area. The LDF policy relating to the development of the site specifically states that housing will be facing onto Station Road. There has been no justification for deviating from this policy. To do so would generate more vehicle journeys for residents in the new houses visiting the school, church and other village facilities. PVS places great store on trying to create a more cohesive village community given the physical constraints imposed by the A61 and the railway line.
2 RECREATION provision - The Society sees no need for this sports provision, and therefore objects to its inclusion, particularly as it is in the green belt and the topography of the land would require the investment of considerable work. Sufficient provision is made at site HS6a for the future sports need of Pannal. If this provision is for the residents of the new development why is there a car park for 40 cars to be provided? Apart from the possible exception of providing a Local Area Playground (LAP), any resources that would be put into providing playing pitches or associated car parking should be diverted to support the development of HS6a (Land West of Leeds Road) and its access from the A61.
3 LANDSCAPING - The Statement of Community Involvement identified Landscaping as the first and most important aspect of the development that concerns local residents. PVS welcomes the attention that has been given to Landscaping to ensure a high quality green infrastructure to the whole development and especially given its position at the gateway to Pannal and Harrogate. PVS would expect the Council to include an appropriate condition on any planning approval that ensured the landscaping was undertaken in the early stages of construction.
4 CAR PARKING - The second most important aspect that concerned the residents in the Statement of Community Involvement was Car Parking. At the public exhibition at the village hall exhibition, provision was shown for 241 parking spaces for employment. The application contains a much reduced provision for 185 spaces which is wholly inadequate for the estimated 700 office jobs based on the Regeneris report. Even allowing for some commuting by rail and bus, there will be insufficient spaces on site which will lead to cars being parked elsewhere in the village, aggravating an already serious problem. The concept for the B1 industrial units includes ‘undercroft’ parking. This type of design places limits on the potential use of the units, particularly large workshops or storage operations and would restrict the development of this part of the site to office based uses only therefore risking the economic viability of a sizeable area of the site.
5 PARK AND RIDE - PVS are not convinced that any serious thought has been given to how a park and ride scheme would operate and how it would be policed. For commuters to Harrogate, there is no bus priority lane on the A61, leaving them with the alternative of a train which only runs every 30mins. There will also be a big problem of trying to prevent employees on the Dunlopillo site from parking their cars on the 75 Park & Ride spaces, given the serious shortfall in car spaces for these employees. PVS believe there is no proven case for a Park & Ride and it should be abandoned. This would help to mitigate the shortage of car spaces highlighted above by supplementing the provision of 185 spaces with an extra 75.
6 SPINE ROAD THROUGH THE SITE - The greatest concern of PVS with this development is the generation of much more traffic through the village because of the potential for the spine road to become a rat run for commuters to and from the West of Harrogate. A similar problem was experienced at the St Georges development and the through road eventually had to be blocked off. The potential for a significant increase in traffic when Cardale West is developed is a big worry. The priority over traffic on the A61 for southbound travellers exiting from Dunlopillo onto the A61 roundabout will be very attractive. This route would tempt drivers to avoid the dangerous access to the A61 from Burn Bridge Road where they have no priority.
PVS note the proposed section of road from Station Road into the site being designated as “Pedestrianized Shared Space”. Whilst it is welcomed as a step towards reducing the potential for the road to be used as a rat run, PVS believe much greater conditions must be set down to restrict through traffic, including: Road signs “Access only, no through road” , Speed-restricting tables/humps, pedestrianized road surface, and other relevant street furniture to discourage vehicle movements.
7 RETAIL - In the original discussions with Forward Investments Ltd, their plans included for three small shops. The retail element in the application now shows provision for 6000sq ft. PVS regard it as out of all proportion to the development and runs the risk of attracting shoppers from far wider than just the village, generating yet more traffic at Pannal Bank and through the village. PVS supports the provision of a new ‘village shop and post office’. Experience over many years in Pannal shows that any greater provision than this would not be patronised by local people. PVS would expect to see an appropriate condition imposed with any planning approval.”
Pannal Primary School comments are summarised: * Do not dispute the principle of the proposed development within the local area, but without adequate education provision it will have a detrimental impact upon Pannal Primary School in accommodating extra pupils. * The school would be willing to remove the objection if that part of any CIL or S106 contributions are ring-fenced to ensure that they are directly linked to Pannal Primary School. * Would there be the opportunity for the Pannal Business Park site to assist by providing additional car parking for school that would help alleviate the on-going impact on the village.
A further 22 representations received 23/09/2013. * Additional traffic * Strain on the village of Pannal * Access off Princess Royal Way would harm Harrogate’s Green Belt * Pannal and Burn Bridge currently suffer from rat running this would be made worse * There is no traffic management strategy to cope with the proposed housing and business development. * Any planning permission should come with sustainable travel policies that are monitored * Provision of a safe cycle route from Pannal village to the top of Alsmford Bank would also help * Planning committee should address the needs of the village, the school and existing businesses and the sustainability of such a development and have a clear understanding of how to deal with the traffic * Support the principle of the redevelopment of the existing Dunlopillo site but not the Green Belt, * Sports fields should be provided within the site * Object to changes to the open aspect of the Green Belt. * New access should be located as far from existing properties (at Spacey View) as is practicably feasible * Spine road crosses the Green Belt and will become a rat run for commuters * Will open Green Belt land to either side for future development. * Development of Dunlopillo site should be restricted to that which can be supported by existing roads * A viable Park & Ride scheme needs to be operated * Parking proposed is inadequate for the number of jobs estimated in the Regeneris report / proposed residents * The increased number of residents and works will not create the demand necessary to sustain the proposed level of retail space, additional visitors will be required which will put additional pressure on roads and parking * Already adequate provision of recreational space, provision for other people in the District should not be provided on Green Belt * Housing should be adjacent to existing and closest to the railway line * Pleased to see the art deco office front is to be retained * Commercial property appears optimistic * Residential area will be detached from existing Pannal village * Effective landscaping will be required * Health centre will be required * Why replace one eyesore (the existing Dunlopillo office building) with 3 storey buildings which will be equally intrusive * Park and Ride provision is misguided and should be abandoned
A petition has been received with 45 signatures, none of which have addresses. It is an E petition entitled: Harrogate Borough Council Planning Department: Save Greenbelt and Pannal Village against development. Reject planning application 13/02358/OUTMAJ
“I would like to object to the planning application 13/02358/OUTMAJ. I wish to preserve our Green Belt from construction and Pannal village from inappropriate development which it does not have the infrastructure to support.” VOLUNTARY NEIGHBOUR NOTIFICATION - A Statement of community Involvement has been submitted with this application. This Statement details the process of community and stakeholder involvement and engagement undertaken by the applicant throughout the preparation of the application is as follows and set out in the accompanying Statement of Community Involvement:
* Representatives of Forward Investments LLP met with the local Ward Councillors to explain the proposals during January, March and May 2013. * A meeting was held between representatives of the applicants and representatives of Pannal Village Society in February and March 2013. * A meeting with representatives of Pannal Sports Junior Football Club was held in March 2013. * Letters were sent to all Council Members, the Committee of the Village Hall and the Committee of the Pannal Village Society inviting them to a VIP ‘drop in’ consultation event on the 18th March between 430pm and 730pm. * Letters were sent to approximately 200 local residents announcing the proposals and offering an open invitation to the public to attend the exhibition. * Posters advertising the exhibition were placed in the Post Office in Pannal and at the village hall. * A press release was issued on the 12th March and radio and press coverage advertised the exhibition event. * A two-day public exhibition was held on the 19th March between 230pm and 730pm; and on the 20th March between 430 and 830pm. * A questionnaire survey was delivered to approximately 450 households by the local scouts on the 20th March and a collection box was left in the Post Office until the 31st March 2013.
ASSESSMENT OF MAIN ISSUES 1. POLICY CONTEXT - NATIONAL PLANNING POLICY FRAMEWORK (NPPF) The NPPF published in March 2012 sets out the Government’s planning policies for England and how these are expected to be applied. Planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework is a material consideration in planning decisions.
The presumption in favour of sustainable development set out in the NPPF requires local planning authorities to approach development management decisions positively, utilising twelve ‘core planning principles. The following elements are considered relevant to this proposal;
Part 1 – Building a Strong and Competitive Economy. The Government attaches significant weight on the need to support economic growth through the planning system. Local Planning Authorities should plan proactively to meet the development needs of business and support an economy fit for the 21st century.
Part 4 – Promoting Sustainable Transport. Encouragement should be given to solutions which support reductions in greenhouse gas emissions and reduce congestion. Developments that generate significant movement should be located where the need to travel will be minimised and the use of sustainable transport modes maximised.
Part 6 – Delivering a Wide Choice of High Quality Homes. Local Planning Authorities should use evidence bases to ensure that their Local Plan meets the needs for market and affordable housing in the area. Housing applications should be considered in the context of the presumption in favour of sustainable development. A wide choice of homes, widened opportunities for home ownership and the creation of sustainable, inclusive and mixed communities should be delivered. Where there is an identified need for affordable housing, policies should be met for meeting this need unless off-site provision or a financial contribution of broadly equivalent value can be robustly justified and such policies should also be sufficiently flexible to take account of changing market conditions over time.
The NPPF goes on to note that ‘relevant policies for the supply of housing should not be considered up to date if the local planning authority cannot demonstrate a 5 year supply of deliverable housing sites’. In taking decisions within the context of the presumption in favour of sustainable development the NPPF requires that where the development plan is absent, silent or relevant policies are out of date then permission should be granted unless: ‘any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole’
Part 7 – Requiring Good Design. The Government attaches great importance to the design of the built environment, with good design a key aspect of sustainable development, indivisible from good planning.
Part 8 - Promoting healthy communities. Planning policies and decisions, in turn, should aim to achieve places which promote safe and accessible environments. To deliver the social, recreational and cultural facilities and services the community needs, planning policies and decisions should seek to enhance the sustainability of communities and residential environments, as well as achieving high quality open spaces. It also states Existing open space, sports and recreational buildings and land, including playing fields, should not be built on unless the loss resulting from the proposed development would be replaced by equivalent.
Part 9 - Protecting Green Belt land. The Government attaches great importance to Green Belts. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence. The provision of appropriate facilities for outdoor sport, outdoor recreation and for cemeteries, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it is not inappropriate development. In addition local transport infrastructure which can demonstrate a requirement for a Green Belt location;
Part 10 – Meeting the Challenge of Climate Change, Flooding and Coastal Change. Planning plays a key role in helping shape places to secure Local Planning Authorities should adopt proactive strategies to mitigate and adapt to climate change. Local Planning Authorities should have a positive strategy to promote energy from renewable and low carbon sources. Inappropriate development in areas at risk of flooding should be avoided.
Part 11 – Conserving and Enhancing the Natural Environment. The Planning System should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes, geological conservation interests, recognising the wider benefits of ecosystems, minimising the impacts on biodiversity, preventing both new and existing development from contributing to or being put at unacceptable risk from pollution and land stability and remediating contaminated or other degraded land where appropriate. Part 12 – Conserving and Enhancing the Historic Environment. Local planning authorities should set out in their Local Plan a positive strategy for the conservation and enjoyment of the historic environment, including heritage assets most at risk through neglect, decay or other threats. In doing so, they should recognise that heritage assets are an irreplaceable resource and conserve them in a manner appropriate to their significance.
LOCAL DEVELOPMENT FRAMEWORK The Development Plan for the Harrogate District presently comprises the Harrogate District Core Strategy Development Plan Document, which was adopted on 11th February 2009, superseding a number of policies of the Harrogate District Local Plan, and forms part of the Local Development Framework, setting out the vision and the strategic policies for development and conservation in the Harrogate District up to at least 2021; and ‘saved’ policies of the Harrogate District Local Plan (adopted February 2001) incorporating Selective Alteration (adopted May 2004);
CORE STRATEGY POLICIES SG1 seeks to make provision for new home. In meeting the requirements priority will be given to the reuse and redevelopment of previously developed land and buildings
SG2 identifies that development limits will be drawn around various settlements to allow the sustainable growth and development.
SG3 seeks to protect the countryside in accordance with national planning policy but in order to promote a sustainable pattern of rural development. It also requires development in the Green Belt to accord with national planning policy.
SG4 requires that all development proposals in the District should comply with the following criteria. The scale, density, layout and design should make the most efficient use of land; and a) be well integrated with, and complementary to, neighbouring buildings and the spatial qualities of the local area; b) be appropriate to the form and character of the settlement and/or landscape character. Visual, residential and general amenity should be protected and where possible enhanced. Inter alia this policy also seeks to ensure development proposals comply with Core Strategy Policies, EQ1, EQ2, TrA1, TrA2 and Tra3.
EQ1 seeks to ensure that in partnership with the community, the development industry and other organisations, the level of energy and water consumption, waste production and car use within the District, and the consequential risks for climate change and environmental damage will be reduced.
EQ2 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. Subject to the District's need to plan for new greenfield development, the landscape character of the whole District will be protected and where appropriate enhanced. One of the priority measures to protect and enhance the District's natural and built environment is to ensure that new development incorporates high quality locally distinctive design. This policy also includes reference to the designated Green Belt.
C1 states that Proposals for the use and development of land will be assessed having regard to community needs within the district and seeks to ensure that the educational, sporting and recreational needs of local communities are met.
JB1 states that the Borough Council will work with its partners and communities to enhance the economic role of the district.
JB3 seeks to maintain a mix of sites and premises to ensure adequate provision for small and medium sized enterprises as well as maintaining and enhancing a good range and mix of employment sites.
TRA1 encourages the reduction in the need to travel and seeks to improve accessibility to jobs, shops, services and community facilities.
TRA2 seeks that where development is proposed on sites adjacent to public transport nodes it is necessary to investigate whether or not the site is required to enhance public transport facilities, if this is not the case the sites accessible location and potential to improve access to jobs, services and facilities should be maximised.
TRA3 this policy identifies areas where the Council will work with the County Council and other transport providers to implement measures to reduce traffic congestion and improve accessibility to jobs, shops, services and facilities
‘Saved’ Harrogate District Local Plan Policies E2 states that the loss of industrial/business land and premises to other uses will not be permitted unless the continued use of the site would cause unacceptable planning problem or the site is allocated for another purpose in this plan.
LPH5 states that the Council will seek the provision of an element of affordable housing. The amount and type of affordable housing to be provided and the mechanism by Which it will be secured will be determined by negotiation between the council And developers. This will take into account the extent and nature of local needs And have regard to the location of the site relative to local services and Facilities, access to public transport, scheme economics including prevailing Market and site conditions, other planning objectives for the site and any Alternative opportunities for meeting local housing needs.
HD13 Trees and Woodlands: Protects against proposals that would involve the loss of trees or woodland that contribute to the character or setting of a settlement.
HD20 of the Local Plan states new buildings should respect the character of their surroundings and in important locations should make a particularly strong contribution to the visual quality of the area. New building should make a positive contribution to the spatial quality of the area and their siting and density should respect the area's character and layout. New building should respect the local distinctiveness of existing buildings, settlements and their landscape setting. New development should also respect the privacy and amenity of nearby residents and occupiers of adjacent buildings. Development which is contrary to these design principles will not be permitted.
R1 seeks to retain existing public and private recreational open space unless one of four criteria is satisfied. The relevant criteria here is that: “A satisfactory replacement facility is provided in the catchment area which it serves” and where criteria ‘D’ which states that in the case of playing fields where facilities can be retained and enhanced through the development of a small part of the site.
R5 requires new sports and recreational facilities to be located in or adjacent to build up areas, well served by public transport and not give rise to significant traffic problems, and there is a need for them to be appropriately landscaped.
R12 sets out the criteria for sports facilities within the opens countryside which must be of an open nature and advises similar criteria to R5.
C2 is supported by The Harrogate District Landscape Character Assessment (HDLCA). Pannal is bordered by a number of Landscape Character Areas, the nearest being, Area 58 known as Middle Crimple Valley, which occupies the outlying landscape to the north. The Crimple Valley is important to the setting of Harrogate and provides an essential green ‘rural corridor’ separating Harrogate from Pannal. To the south lies Area 61 known as South West Harrogate Upland Fringe Undulating Farmland and Area 62 known Wharfe Valley Side Farmland where the landscape is moderate to large scale and is the broad hummocky valley side of the Wharfedale Valley. The area is important to the setting of Harrogate as it separates the town from the conurbation of Leeds.
NC4 states that outside designated sites development will not be permitted which would result in the loss of or damage to semi-natural habitats which are important for nature Conservation. Protection of these habitats will be afforded in accordance with their importance within the district.
T11 states that apart from site specific locations elsewhere in the District there may be scope for park and ride facilities on a reduced scale. The Council will investigate opportunities for introducing park and ride facilities as a means of improving parking provision generally and reducing congestion in central areas.
There are also a number of Harrogate Borough Council adopted Supplementary Planning Documents (SPD) and Supplementary Planning Guidance notes (SPG) which are also of relevance to the proposed development. Of relevance to this application are the Residential Design Guide, the Sustainable Construction and Design Guide, the Affordable Housing – Guidance for Developers and Planners and guidance on the Provision of Public Open Space and Village Halls, the Landscape Design Guide and the HDLCA.
2. PRINCIPLE OF DEVELOPMENT - Employment sites are currently protected under Local Plan Policy E2. The conditions of Policy E2 which allow for redevelopment of employment sites do not apply to this site. Under the conditions of Policy E2 the redevelopment of this site would only be acceptable if it satisfied criterion A) of the policy, namely that it could be demonstrated that the continued use of the site for industrial/business purposes would cause unacceptable planning problems. Whilst it is acknowledged that some of the buildings on site require significant investment or replacement, compliance with criterion A) could not presently be demonstrated on what is a functioning and viable employment site in an accessible location.
Criterion B) of the policy provides that the loss of employment land would also be acceptable where the site is allocated for another purpose in the adopted Local Plan. Whilst this is not currently the case, at its meeting on 17 October 2012 Full Council decided to include this site as a potential allocation in the Publication Draft Sites & Policies Development Plan Document (DPD) which was published for consultation during June/July 2013. The proposed allocation is for a mixed use scheme in line with the following development guidelines:
* Redevelopment of the site to provide at least 2.7 hectares of employment land in the form of a high quality multi-use business park. * Provision of park and ride facilities associated with, and connected to, the train station. * Provision of around 120 dwellings fronting onto Station Road, to be a mix of market (60%) and homes for local people and families at affordable prices (40%). * Provision of the opportunity to provide small scale local shopping facilities fronting onto Station Road. * Provision of car, cycle and pedestrian access off the A61 Leeds Road. * Provision of generous space and landscaped areas between buildings. * Retention and enhancement the vegetation alongside the railway line and the grassland area in the south west corner of the site. * Replacement of the existing sports ground on land to the southwest of the site, with new clubhouse facilities and car parking provided within the site. * Provision of an attractive and open pedestrian route along the length of the site from Station Road to the new sports facilities and to the Leeds Road.
The view of the Council’s Planning Policy Officer is that “on balance there is no Planning Policy objection to the principle of this development”. The reasons for this on balance view are that at this stage in the preparation of the DPD only limited weight can be given to the emerging allocation of this site, and the development needs to deliver the community facilities and employment units proposed. Annex 1 of the National Planning Policy Framework (NPPF) states that decision-takers may give weight to relevant policies in emerging plans according to:
* the stage of preparation of the emerging plan; * the extent to which there are any unresolved objections to relevant policies; and * the degree of consistency of the relevant policies in the emerging plan to the policies in the NPPF.
The Council is currently considering the representations made during this consultation. Should there be no significant unresolved objections to the allocation of this site more weight will be able to be afforded to this emerging allocation. Until this time a planning application must be determined against the Saved Local Plan Policies and Core Strategy unless other material considerations indicate otherwise.
The Council’s 5 year land supply position is an important material consideration. An updated 5 year land supply of housing land as of 1 April 2013 has been prepared in line with the requirement of the NPPF and was approved by the Cabinet Member (Planning, Transport and Economic Development) on 10 July for publication. The updated figures show that the District now has a 4.3 year housing land supply.
Whilst this site is identified as a draft allocation for mixed use development in the Publication Draft Sites & Policies DPD, at this stage in the plans preparation, this can be afforded only limited weight when determining a planning application. However, the District does not currently have a 5 year land supply. This is a material consideration in the determination of the application that needs to be weighed against the protection of employment land at the site under Local Plan Policy E2, in the light of the Council’s intention to allocate this site for mixed use development.
An economic impact assessment has been prepared by Regeneris Consulting and submitted by the applicant to examine the potential economic benefit of the redevelopment of the Dunlopillo site for the mix of uses proposed. The applicant suggests that the following level of employment space could be delivered on the serviced plots:
* B1a Office – approximately 8,150 square metres (87,730 sq ft); and * B1c light industry – approximately 4,825 square metres (51,940 sq ft)
The report by Regeneris Consulting concludes that the new business park would support circa 665 full time equivalent (FTE) jobs (allowing for an average occupancy of 85%) compared to the 200 FTE currently employed on the site. This is a significant benefit and a material consideration in consideration of the scheme, although there are caveats to this view.
The employment figures are considered to be at the high end of the estimate by the Council’s Economic Development Officer but it is accepted that it will be above double the number currently employed on the site which is known to be around 200. The Council’s Planning Policy officer has expressed the view that there is no automatic justification to replace one type of business with another, the number of people employed on a site is only one consideration, ensuring that there is sufficient supply of land to provide space for a range of business types is equally as important.
The Council’s position to include the site as a draft allocation for mixed use development in the Publication Draft Sites & Policies DPD is in contrast to the previous policy position for the 2008 application that was refused. The application site was formerly assessed as part of the draft Strategic Housing Land Availability Assessments (SHLAA) and within the Council's work on the Site Allocations (Homes and Jobs) DPD: Preferred Options. The application site at the time it was refused and dismissed by the Planning Inspectorate (2008) did not feature as one of the brownfield sites proposed for housing. This is a difference over the 2008 application, which sought to retain the site for employment use.
It is the inclusion of the site towards the Council’s 5 year land supply alongside the purported increase in the number of FTE jobs employed which clearly weigh in the favour of the proposed development. In addition to this benefit is the sustainable location and accessibility of the site as a mixed use development. These material considerations in the assessment of the acceptability of the proposed scheme and are compatible with the Council’s policies contained SG1, SG2, JB1, JB2 and JB3.
Therefore on balance the development is considered to meet the overall principles for the provision of new residential development as well as the advice contained in the NPPF. However, in making a decision the Council needs to be satisfied that there would not be any adverse impacts that would significantly and demonstrably outweigh the benefits of development in particular, that sufficient safeguards are in place to deliver the employment element of this proposal, 40% affordable housing is provided, the long term use of 75 parking spaces for use as park and ride for the train station, and the provision of adequate community facilities, which includes public open space and education provision or a commuted sum in lieu of on-site provision. These aspects are either subject to a S106 agreement, conditions or conditioned to be included in a reserved matters application.
3. ECONOMIC AND EMPLOYMENT IMPLICATIONS - The Councils Economic Development officer (EDO) has no objections to the proposed development, but has expressed concern about the absence of a strategy within the application to assist existing businesses on the site to relocate or to decant them to an alternative location on the site location if a phased development is to take place which would then allow some of them to return to a new build plot. A concern is that there is still a shortage of employment land and buildings in Harrogate and limited opportunities for these businesses to relocate to alternative locations.
The Council will need to be satisfied that the land set aside for serviced employment plots is secured for long term employment use and marketed appropriately. In the current economic climate, whilst the interest for employment space in Harrogate remains buoyant, it may still take time for these serviced plots to be acquired and developed and it needs to be ensured that this takes place, including the possible phasing of site development and the potential to include a local labour agreement. It is considered that the above concerns and phasing can be overcome through the imposition of conditions in relation, and as such the concerns of the economic development officer can be overcome.
4. HIGHWAYS IMPACT AND ACCESS - The planning application is in outline and therefore the internal site layout shown on the Masterplan is illustrative only, however the principle means of access to the highway network is not a reserved matter.
The applicants have undertaken and submitted a Travel Assessment (TA) and Travel plan (TP) to determine the potential impact of the proposed development on the surrounding local highway network. The Transport Assessment assesses the potential impact of the commercial development and 120 dwelling within the application boundary on the highway network.
It is proposed to provide a new access to the site by constructing a roundabout junction on the A61 Princess Royal Way approximately 110m south of Spacey View. Following construction of the roundabout it is recommended that the 40mph speed limit on the A61 is extended southwards beyond the new junction potentially to incorporate and enhance the Burn Bridge Junction.
The applicants outline that the benefits of the new roundabout junction are as follows:
* Enabling the dilution of development site traffic and minimising the impact on the local highway network (currently all site traffic has to utilise the Station Road exit) * Removing HGV traffic from Pannal Bank and Station Road * Creating the opportunity for localised trips to bypass the Pannal Bank Signals * Providing an alternative secondary or emergency access for users in the site * Enhancing overall permeability for all modes of transport through the site.
The TA identifies that the public consultations event showed that 60% of the attendees who completed the questionnaire agreed that the proposed new access link between the village and A61 would assist in reducing traffic congestion at the Pannal Bank signals.
It is also proposed to retain existing vehicular access from Station Road in its current form, and connect both new and old access together with a vehicular route through the site. This internal access proposed a 6.5m carriage width and provides changes to the horizontal alignment in order to control and minimise traffic speeds.
What has been submitted in terms of the road layout within the site is indicative in this application, but gaining satisfactory access to the site and minimising the impact of traffic generated by the development on the A61 and through the village is an important consideration in the determination of the planning application. Use of the existing access onto Station Road/Pannal Bank as the sole access point to the redeveloped site is unlikely to be acceptable. This position was supported in the previous appeal on this site. The planning application therefore reflects the Council’s development guideline for the site which requires a new access to the A61 to the south of the site crossing the Green Belt. Paragraph 90 of the NPPF provides that local transport infrastructure which can demonstrate a requirement for a Green Belt location is not inappropriate development.
The concerns expressed within the representations largely focus upon the impact of the proposed development upon the roads within the village centre. The concern being that the new access would result in vehicles diverting from the new roundabout through the site onto Station Road and into the village of Pannal rather continuing along the A61 to obviate the need to wait at the Spacey Houses traffic light junction or using the Burn Bridge route, which is accessed from the A61.
The effect the access running from the new roundabout through the site on to Station Road was tested by the applicants. Their traffic modelling results show that there would be a beneficial reduction in overall traffic flows at the Spacey Houses/Pannal Bank Junction and there would be negligible change in traffic flows on local roads through Pannal.
The TA also identifies that the access through the site from the A61 roundabout would not be more attractive to road users. It would likely add a further distance 1.1km to the journey, the railway bridge signal would add a further delay and additional 20mph speed limits and speed humps through Pannal Village.
The indicative layout of the road through the site would also necessitate a reduction in speed and add as a detractor to vehicles using this route to bypass the traffic on the A61. The road alignment and the introduction of ‘shared space’ and weight restrictions near the Station Road site entrance would also have an impact upon the desirability of using this as a cut through. Business park traffic could be directed from the A61 thereby representing an improvement on the current access arrangements for business/industrial vehicles entering the site.
Chapter 7 of the TA identifies the impact of the development proposal on the highway network. Assessments have been undertaken at the following junctions and assessed against a base scenario in 2018 (a fully operational Dunlopillo Site) and the proposed re- development of the site including the provision of the new A61 Site Access junction and road through the site. This has included the following junctions:
1. Station Road signalised Railway Bridge 2. Station Road/Pannal Bank Priority 3. A61/Pannal Bank/ Follifoot Road Staggered signals 4. Drury Lane/Follifoot Road Priority 5. Hillside Road/Station Road Priority 6. A658/A61 Princess Royal Way Roundabout 7. Burn Bridge Lane A61 Princess Royal Way Priority; and 8. A658 Drury Lane Priority
This identifies that there will be an overall reduction in peak vehicle movements across the study area above, but several will experience a small Percentage increases (less than 2.2%) mainly Burn Bridge Lane and the two way flow on the A61. The TA does identify that there will be a beneficial impact reducing traffic flows at the A61/Pannal Bank and Pannal Bank Station junctions. The results of the capacity assessment for the proposed new site access roundabout identify that the junction would therefore improve. This is however over the base scenario in 2018 which is based on the full utilisation of the Dunlopillo site, which is currently running at a capacity of 72% occupied.
The Transport Assessment Review from the Local Highways Authority (LHA) have assessed the information contained within the TA and TP and have issued the following comments:
“Notwithstanding the Proposed Outline Development Site Plan submitted as part of the application, the future layout of parking proposals should be agreed with the LHA as part of any future reserved matters application. A Transport Assessment has been produced to assess the likely impact of the development of the existing highway network. The proposal includes the provision of a new site access via a roundabout on the A61 Princess Royal Way. The proposal will also retain the existing access to the site from Station Road creating a through link. This will have a major benefit in minimising the impact on the local highway network in particular the A61/Pannal Bank/Follifoot Road signalised junction. To further improve the operation of the signals the Applicant has agreed to provide a £25,000 contribution towards the installation of MOVA (Microprocessor Optimised Vehicle Actuation) control. MOVA provides an enhanced system of traffic signal detection and control to suit the prevailing traffic conditions in order to reduce queuing. This proposal is supported by the LHA.
With regard to pedestrian accessibility, pedestrians wishing to walk in a westerly direction to access the services and the primary school in Pannal have to cross Station Road at the existing drop kerb pedestrian crossing point on Station Road. The LHA’s Road Safety Team recently undertook a “Safe Walking Route Assessment.” Although this arrangement is considered acceptable at the present time there is a concern that this situation may change when the residential development is fully occupied. It is recommended a further assessment is undertaken once the development is fully occupied and should the need be identified measures to improve pedestrian accessibility across Station Road shall be agreed with the LHA and implemented. This requirement should be included within the site Travel Plan
With regard to cycling there has been a long term aspiration to upgrade the existing footpath which traverses the fields between Pannal and Almsford Bank on the A61. Unfortunately the potential for upgrading this route is not within the remit of this Application. However, the Applicant has provided a commitment to provide an off road shared use footway/cycleway on the A61 between the point where the footpath adjoins the A61 to the designated cycle route on Fulwith Mill Lane should the cycleway across the fields be created.”
The Highways Agency has issued a Direction (TR110) preventing the Council approving the application until they are satisfied that there is no cumulative impact on Junction 47 of the A1(M) or that appropriate mitigation measures will be provided. Work to establish whether there is an impact is currently on-going with the Highways Agency. The likely level of impact of this development on its own is not going to have a material impact upon the strategic road network. The LHA have advised that they need to be satisfied that the cumulative impact of this development along with other developments currently in the planning process on Junction 47 of A1(M)needs to be considered.
ACCESSIBILITY Pedestrian and cycle access would be from the vehicular access point and access point on the A61 Princess Royal Way and Station Road, which would enhance access to the bus stops on A61 corridor as well. Site links area as follows:
* A connections between the northern boundary of the site and westbound platform of Pannal Railway Station * A link that connect Crimple Valley that runs adjacent to the sports pitches * A second link that connects the A61 to the eastern boundary of the development site.
There is also a range of facilities which will be within a 25 minute walk time of the site, such a primary school, nursery, doctors, dental surgery, petrol stations etc. There is also a Public House, Hairdressers, church, garden centre. Cycling to these facilities is also a viable option and in addition Harrogate town centre is within a 5km distance.
By providing a proposed link to the A61 Princess Royal Way bus stops, the site is highly accessible and provides alternative options for travel. The number 36 bus service between Leeds and Ripon that runs along the A61. The access routes will need to be safe and maintained to encourage their use.
The site is adjacent to Pannal train station on the Leeds-Harrogate-York line The proposed layout would enable level access to platform 2 at Pannal train station for Leeds bound travel and provides for new pedestrian routes through to the A61 Princess Royal Way. The application also provides 75 parking spaces associated with the train station located alongside the parking spaces provided for the office blocks fronting the site off Station Road. There is a danger that these spaces become disassociated from the train station as they are accessed through the office building and are not clearly related on plan with the train station. However appropriate signage, delineation of the spaces and enforcement of their use should mitigate these concerns.
In addition there are 185 office parking spaces being shown providing for the B1 use on the site. Should planning permission be granted a condition is required to secure the long term use of 75 parking spaces for use as park and ride for the train station. The amount of parking provided is acceptable given the sustainable location of the site.
The site is highly accessible and sustainable and would allow all modes of travel choices to be used. The Travel Plan (TP) will further encourage sustainable travel choices, and it is proposed that this will be implemented and finalised pre occupation, and would seek to promote walking and cycling and as well as encourage the reduction in single occupancy car journeys to alternative modes including multi-occupancy vehicle trips.
The proposed development has adequately shown that provisions can be made to reduce the need to travel and would provide a good level of accessibility to jobs, shops, services and community facilities. It is well related to the bus and rail network and includes a Transport Assessment, which is supported by the Local Highway Authority. The development also seeks to enhance road links and foot links to the railway station from the employment area. The introduction of the new access through the introduction of a roundabout would ensure that the concerns previously raised in relation to congestion on Pannal Bank are overcome and any impact upon the highway network is acceptable.
As such the proposal meets the requirements set in Core Strategy Policies TrA1 and TrA2 and does not conflict with TRA3. The provision of a new access through the Green Belt is not inappropriate development and this is outlined in paragraph of the NPPF.
5. AFFORDABLE HOUSING - Within the development limit of a Group B settlement residential development is considered appropriate under Policy SG2 of the Core Strategy subject to compliance with other relevant policies in the development plan. Since the 1 January 2011 the starting point for negotiating affordable housing under Local Plan Policy H5 has been 40% of the total number of dwellings proposed (subject to housing need). This is in line with the emerging Sites & Policies DPD Policy HLP7 that will expect 40% of the dwellings to be affordable on residential schemes of 3 or more dwellings in areas outside of Harrogate, Knaresborough and Ripon. The application proposed the development of 120 dwellings of which 48 (40%) will be affordable.
The Housing Officer has commented that there are no objections to the proposed development, subject to conditions and comments as follows:
“The SHMA 2011 identifies an affordable housing shortfall of 212 affordable homes per annum in the Harrogate sub area (including Pannal). The Council’s target is 40% affordable housing provision on this site (50% on allocated greenfield sites).This target is subject to financial viability.
The majority of these homes should be good sized 1 and 2 bed houses to meet the needs of newly forming households and those wishing to downsize. The tenure split should be approximately 70% affordable rented housing to 30% affordable sale (to address identified need and meet the needs of first time buyers). Local connection criteria will apply to all the affordable homes.
The applicants have confirmed their intention to provide 40% affordable housing of a type and mix to meet the Council’s requirements. If approved, the Council’s standard affordable housing condition should apply.”
The previous proposal failed to make adequate provision for affordable local needs and the split of provision was not in accordance with the Council's policy approach. This proposal overcomes this previous concern and as such the proposed development would meet the requirement of ‘Saved’ local Planning Policy H5.
6. PUBLIC OPEN SPACE & COMMUNITY FACILITIES PROVISION INCLUDING EDUCATION - An Education contribution, determined by North Yorkshire County Council towards the provision of infrastructure associated with Pannal Village school will be secured by S106 Agreement.
There is however a desire expressed in the representations to allocate commuted sums to nearby pitches. The former sports field is protected for future recreational use under Local Plan Policy R1. Under the policy the former sports field must either be retained and incorporated as part of the development of the site or replaced with facility of at least equivalent size and quality in an appropriate location. In line with the Council’s draft development guidelines for the site the applicant proposed to replace the playing field on the land to the south of the site along with car parking facilities.
The proposed site layout also provides for further areas of open space and landscaping as required by Policy C1 of the Core Strategy and the Council’s Supplementary Planning Document on the Provision for Open Space in Connection with New Housing Development. Off-site contributions are also sought for elements of the open space requirement and village hall provision that are not required on-site but are necessary to support the development. The applicant suggests in their Planning Statement that the requirement for the provision of 0.43 ha of outdoor sports facilities on site or a commuted sum for off-site enhancement has been satisfied by the proposal as it delivers two junior pitches on site. This position fails to recognise that the 9 vs 9 size pitch is required by Local Plan Policy R1 as a replacement of the existing playing pitch on site and does not contribute towards the requirement under Policy C1 for 0.43 Ha of outdoor sports provision or a commuted sum as a result of the new residential development. Whilst the provision of the 7 vs 7 pitch does satisfy part of this requirement there remains a shortfall of 0.23 Ha of outdoor sports provision or the payment of a commuted sum towards off-site provision (amended pro rata to account for the level of on-site provision).
In addition, the Local Area for Play (LAP) provided on-site in lieu of the commuted sum towards the off-site enhancement of the Long Acre Park play area to the east of Princess Royal Way is considered to be inappropriate. Whilst it is recognised that access across Princess Royal Way is not ideal, LAPs only cater for a limited age range meaning that older children would still be required to cross the road to access an age appropriate facility. The preference therefore would be either the provision of a Local Equipped Area for Play (LEAP) on-site or the provision of the commuted sum towards the off-site enhancement of play facilities. This can be achieved either through condition on the proposed development if it does not form part of the S106 Agreement.
There is also a requirement for a contribution towards Pannal Village Hall in accordance with C1. This can be secured within the S106 Agreement.
The Council needs to be satisfied that the future maintenance and management arrangements for the areas of open space provided on the site are adequate. This is to be secured through the agreement of landscape management plan within the S106 Agreement unless it is adopted by Harrogate Borough Council.
Core Strategy Policy C1 outlines that Harrogate Borough Council will expect developers to provide for and/or contribute towards the provision of community and other infrastructure needs generated directly by the development where this is necessary to make a scheme acceptable in planning terms. Whilst the education contribution has been agreed with North Yorkshire County Council, the exact provision of the amount and type of public open space and contribution required for Pannal Memorial Hall is still to be agreed with the Head of Parks and open spaces. The required amount can be secured through a S106 agreement. Should the required amount not be agreed then the application would be contrary to ‘Saved’ Local Plan policy R1 and Core Strategy Policy C1. The provision of appropriate facilities for outdoor sport and outdoor recreation within the Green Belt, as long as it preserves the openness of the Green Belt and does not conflict with the purposes of including land within it, is not considered to be inappropriate development in the Green Belt by the NPPF (paragraph 89).
7. PROVISION OF SMALL SCALE RETAIL FACILITY - Pannal village currently does not contain a village shop. A small scale convenience retail facility serving the village should reduce traffic movements made to access similar facilities in Harrogate and increase the sustainability of the village. The viability of providing a retail facility in the village will be boosted by the introduction of 120 new residential properties as part of the scheme. However, at 557 gross internal square metres the proposed retail space, if not subdivided and occupied by a single retailer, is considered to be at the top of the scale of what could be considered suitable in a village of this size and location. There is also no guarantee of the type of shop that will occupy this unit if open A1 consent is granted. However this could be ensured through the reserved matters application. AS such the proposed retail facility would support the aims contained in TrA1 to reduce the need to travel and also Core Strategy policy and JB3 though providing an employment generating element.
8. LAYOUT AND DESIGN - In terms of the grain of the area with the exception of part of the historic core and the Clark Beck Close development, two storey houses (and some bungalows) are set behind small front gardens and there is no strong feeling of enclosure to the streets.
It would therefore be inappropriate to have a continuous built density across the site, because high density would not reflect the character of Pannal as a whole. Conversely low density to reflect existing fringe development all across the site would be an inefficient use of the land. Subject to the position of the employment park, the development on the site should provide a smooth transition from the rural south to the higher built-form density of the area north and west of the site, whilst respecting the built-form density of housing to the east.
The concept of a main spine road linking the new access into the site with Station Road, with smaller roads providing access to the employment area and housing, provides an appropriate hierarchy and could be attractive. Whilst not reflecting roads local to Pannal, the proposed tree planted boulevard would reflect avenues in Harrogate and would be an appropriate treatment if housing density is higher than the surrounding areas.
The existing ground level of the site is considerably lower than the car showroom on Princess Royal Way and the Site Constraints and Opportunities Plan shows the joint boundary with the car sales showroom and garage to be “negative boundary conditions due to overlooking, noise etc.” It is logical to place business units alongside this boundary; however they must be offset sufficiently to preserve existing trees, particularly an oak tree.
The residential development should be of varying character and density through the site. There should be a mix of house types and tenures. The Illustrative Plan now shows in addition to semi-detached houses and a few detached properties, that terraces are to be integrated into the scheme where higher built form density is appropriate.
The layout now accommodates two green links which converge on a larger central open space that ultimately connects with the shared pedestrian spaces that give access to the station, Pannal Bank and the village centre. These spaces serve as a linear park leading from the Pannal Station link to the new proposed sports grounds and also acting as a buffer between B1 and residential uses. The spaces integrate with both primary and secondary access roads creating landscaped corridors of shared use public space for residential and B1 Office zones.
There are some concerns with regard to the overall layout of the scheme from the Council’s Conservation and Design Officer who has also commented that:
“The DAS cannot be relied upon to ensure the detailed design of the development would be of sufficient quality to meet with policy requirements.
However, I consider that it is possible to design a housing scheme based on the design objectives if the Design and Access Statement (DAS) were amended and additional information provided, and the Illustrative Plan amended in line with the revised DAS. If it is not, and if the Council is minded to approve the application, it is important to ensure that the approval is not reliant upon the submitted DAS. Rather than a condition that ensures delivery of sustainable development should be applied.
Additionally, given that the application does not reserve access, approving the application would effectively fix the layout, which is not agreed. If minded to approve, a condition should be applied that would accept the position (not necessarily the design) of the main access road into the site, and no other elements of Access is approved.”
The representations whilst many not objecting to the redevelopment of the site do object and express a desire to see the residential element more integrated with the remainder of the village, and to that end the residential element sited towards Station Road.
Whilst the Council’s draft development guidelines for this site currently state that the residential element of the site should be located at the northern end adjacent to Station Road this requirement relates to the Council’s previous preferred option for the site to be redeveloped almost entirely as a business park with the provision of only 20 dwellings.
With the increase of residential dwellings to be provided on the site to 120 it is considered that there is no longer the need for this requirement. There are benefits to locating the residential element of the scheme towards the southern end of the site as it helps to soften the impact of the development on the surrounding landscape and also relates well to outdoor sports provision at the southern end of the site.
The existing ground level of the site is considerably lower than the car showroom on Princess Royal Way and the Site Constraints and Opportunities Plan shows the joint boundary with the car sales showroom and garage to be negative boundary conditions due to overlooking, noise etc. It is therefore logical to place business units alongside this boundary.
In addition the identification of the ‘art deco’ building as a Heritage Asset and its subsequent retention therefore lends to this element being retained in office use and as such, siting the employment and business units towards this area also link well with the proposed rail links retail unit.
The layout shows that the site could be developed to achieve 120 dwellings on 4.08ha and 2.7ha of business/employment land and buildings. It also illustrates that the visual impact upon the wider area could be mitigated with the gradual increase in density from the southwest of the site where the countryside meets the site boundaries. This would not match the expectations contained in the representations, however whilst it is an indicative layout, the juxtaposition of the business use and residential areas in Pannal already exists. Therefore this indicative layout is not considered to harm the character of the village or the way it currently functions given that Walton Park and the main village are already separated by the A61 and the car dealerships. However the proximity of the village Hall and proposed retail element with the additional links to the site the shared space will encompass all parts of the immediate area. Weight is also attached to this layout as it seeks to reduce the impact upon the countryside which is designated Green Belt and the approach to Harrogate though low density development, and good screening of the business units.
Having regard to the existing form and character of the settlement of Pannal it is considered that the scale, density, layout and design shown in the indicative proposals are sufficiently in keeping with the surrounding area to respect local distinctiveness, or make a positive contribution to the spatial and visual quality of the settlement, in accordance with the aims and provisions of saved Policies HD20, G4 and C2.
9. LANDSCAPE AND ARBORICULUTAL IMPACT - A Landscape Visual Impact Assessment (LVIA) has been prepared to examine the visual impact of the proposals. The report demonstrates that the development proposals and landscaping strategy will have significant beneficial impact on the character of the local area. Outline Landscape Strategy Proposals are provided and green corridors are shown that relate to the built development and serve to integrate the residential and commercial uses of the site. The strategy is supported by text, which draws out the key landscape concepts related to plan and shows how the LVIA has been used to inform the design development process. This is a positive measure and the Outline Landscape Strategy should form a key document if any approval is granted.
As discussed above the residential element starts with a lower density from the more visible open countryside at the south of the site and gradually increases in density. The concept of providing green corridors offers an appropriate landscape structure to the site and could be attractive and provide an effective form of landscape mitigation. These corridors run east and west through the site and stitch together all existing and proposed north/south pedestrian routes. This is still indicative at this stage, but illustrates that the site could be developed which reflects the design criteria contained in Core Strategy Policy SG4 and ‘saved’ Local Plan Policy HD20.
Of more concern is the visual impact upon the countryside and the Green Belt as a result of the proposed playing fields and access road. The LVIA notes that extensive mitigation measures, including dense screen planting and low mounding designed to ‘soften’ views of the proposed access road to minimise the visual effect on the ‘openness’ of the Green belt, would in time screen views of the road and the traffic using it.
Due to the location of the sports ground being located at the edge of the site this could impact on the rural character of the countryside field system to the west. The LVIA notes that in visual terms the encroachment of the sports pitches into the agricultural land would be partly offset by the demolition of the existing industrial buildings, including the flue stack, which currently detracts from southerly views. The existing site has an open sports ground which was formerly the sports ground for the Dunlop Factory along the western portion of the site. The previous proposals were to replace this open area with employment buildings with no provision for structure planting of any meaningful width along the western boundary. The existing hedgerows are to be improved with native hedgerow species enhanced by native trees. This also applies to the field hedges to the south of the playing fields which are beyond the site boundary.
The summary of the comments from the landscape officer are as follows: “Although this is an outline application with landscape as a reserved matter, given the importance of the design, the opportunities that exist and character of the new development there should be a Council approved landscape strategy to support any development proposal on this site. The DAS cannot be relied upon to ensure a landscape strategy can be delivered and that it would be of sufficient quality to meet with policy requirements. It is therefore important to ensure that the approval is not reliant upon the submitted DAS. There should be a condition applied that ensures the delivery of a sound landscape strategy for the site. The Outline Landscape Strategy (Drawing 8) and supporting text within the LVIA should be conditioned as part of any approval given for this site.”
The playing field cannot be located within the site or development limit as this would affect the viability of the scheme. It is considered that having regard to the NPPF that the proposal is in general accordance with SG3 of the Core Strategy and C2 of the Local Plan as is it has been identified that the development would not have an unacceptable impact upon the countryside or Green Belt. There is no policy conflict for provision of either the playing field or access within the Green Belt subject to suitable mitigation measures. The impact of the playing field and main access and roundabout from the A61 could be mitigated through the use of planting. There is also a balance between the benefits of removing the existing industrial paraphernalia and the introduction of the playing pitches and access road and appropriately landscaped site.
A tree survey has been undertaken in order to inform the proposed layout. Selected trees of varying quality have been identified for removal to facilitate the proposed development but there is an opportunity to provide a significant volume of additional planting of better quality as part of the proposed redevelopment of the site. There is no Arboriculture objection to the proposed development providing that the recommendations in relation to the retention of certain trees are considered. The Arboricultural manager has commented as follows:
“There is no Arboricultural objection to the principle of some tree loss on this site and there would be support for the submitted scheme, providing the points outlined further within this report are given due consideration.
There is however an Arboricultural objection to the proposed loss of tree numbers T1, T91, T92, T93, T94 & T96 (Horse Chestnut).”
The trees referenced T9 to T96 line Princess Royal Way in the location proposed for the access. Their loss whilst unfortunate can be mitigated with the additional tree planting that is proposed. These cannot be removed from the application and the benefits of the proposed development including additional tree planning outweigh their loss.
The new employment units are close up to the site boundary and sufficient space for structure planting needs to be provided especially in views from Princess Royal Way. The plans do not currently provide this and the veteran oak would also be potentially affected. The buildings must be sufficiently offset along the car showroom boundary to preserve existing trees, particularly the common oak (T1) and the retention of this tree should be sought. These elements can be incorporated into conditions and buildings subsequently sited at reserved matters stage to give this tree sufficient space. This would ensure that the proposals would not conflict with ‘saved’ Local Plan Policy HD13.
10. ECOLOGICAL IMPACT - An extended Phase 1 Habitat Survey has been prepared. The site does not have any ancient habitats. The habitats on site are considered to be of value within the site boundary.
The Council’s Rural Strategy Officer has no objections on ecological grounds to the outline application, provided that the issues raised in relation to the Semi-Improved Grassland and Orchids, the veteran Oak T1, bats, trees, reptiles and breeding birds are addressed within the full application, in accordance with conditions to be imposed along the lines of those recommended. These conditions can be imposed. These would ensure that the proposed development would meet the requirements in Core Strategy Policy EQ2.
11. LAND CONTAMINATION REMEDIATION - A Phase II Ground Investigation Study was made in 2008 by Wardell Armstrong. The purpose of the report to present the finding of site investigations to identical and examine the potential contamination issues identified in a previous Phase 1 Geo-Environmental Appraisal (Faber Maunsell report 49809IBDG/01 dated September 2007). Additional site investigation works and survey are recommended.
The Environmental Health Officer has made the following comments:
“I have previously commented on the Wardell Armstrong Phase 2 Environmental Assessment (November 2008) at pre application stage and made the following comments, which I have added to in light of the activities that are now undertaken on site, including a recycling company, a concrete batching plant, a vehicle maintenance unit etc :
With respect to the Phase 2 assessment itself I note that the whole site was investigated but would be interested to learn whether the investigation took place prior to or after the site was decommissioned and chemicals etc. were taken of site as I am aware that spillages occurred during the decommissioning activity.
It is not mentioned whether the assessment has been undertaken in line with CLR 11’ Model Procedures for the Management of Contaminated Land’ (Defra and Environment Agency 2004) .
In addition the Phase 1 report was not included so it is difficult to identify the rationale for the sampling locations and whether or not reference was made to the Department of Environment (D of E) Industry Profile for ‘Chemical Works rubber processing works (including works manufacturing tyres or other rubber products)’ This seems the most appropriate profile as it includes the manufacture of latex foam.
I would expect a reference plan to how the site was organised as a latex foam factory with the activities at these locations and the chemicals used. The sampling location and chemicals analysed could be targeted accordingly. In considering the analytical results these should be compared with authoritative (UK) and up to date guidance and I would expect the results to be viewed accordingly.
Gas monitoring of the site has been undertaken and I note that this involved 2 monitoring rounds, concluding that the site would be Characteristic Situation 2 (according to CIRIA c665 2007) such that gas mitigation measures would need to be incorporated as stipulated in section 7.6 of the report.
Since 2008 there have been changes that have taken place in guidance in site investigation and contaminated land assessments and as the report has not been revised in line with these it would need to be reviewed in light of these changes to determine what additional site investigations need undertaking and to review conclusions drawn. In addition as part of the risk assessment current site activities should be included to formulate an initial conceptual site model.
In order to ensure that it is adequately investigated and remediated, in consideration of the end use proposed; I would recommend that a (CQ06) condition be applied.
AIR QUALITY - Draft Policy TRA4: Air Quality states that all planning applications which give rise to significant amounts of traffic are to provide information on the increase in pollution arising as a result of the development proposals and identify mitigation measures to address these issues. Being this development is for 120 dwellings, 2.7ha of employment plots, and a park and ride car park and there will be a significant increase in traffic in the area. I would therefore recommend that an Air Quality Assessment, which assesses the impacts of the development on local air quality and proposes appropriate mitigation, be submitted.
NOISE - There are several areas of the site that are likely to give rise to noise both to residents within the development and also to exiting residents at the perimeter of the site and therefore it is essential that the layout of the site is designed to minimise such impacts. In particular it should be noted that the location of the employment plots are not such as to cause noise disturbance to nearby residents and should be located close to existing commercial units or the railway line. The impact of the existing railway line should also be taken into account and included in the noise assessment.
Although the exact use of the employment plots are currently unknown there will in all likelihood be plant, extraction equipment, air conditioning, etc. installed on such units prior to coming into operation. A noise report should be carried to take account of all uses proposed at the site. The assessment should be carried out at the site boundary or at the nearest noise sensitive premises, depending on the circumstances. These noise levels are intended to ensure that new and existing noise sensitive premises and land which may be used for noise sensitive development in future does not become blighted by noise.
I would therefore recommend that prior to development the developer should carry out an assessment in accordance with BS4142 to determine the rating level at the new development.
REFUSE - Suitable and sufficient provision shall be made at all premises for the storage and containment of refuse prior to collection and access for collection of refuse
CONSTRUCTION PHASE - Due to the nature of construction site noise I would recommend that best practise measures are taken with respect to construction noise during the construction phase of the development and the measures to be adopted should be included in the noise report.
In addition a method statement/ dust mitigation plan should be submitted to minimise the effect of construction dust on the existing dwellings and the wider environment during the construction phase.
Finally I would recommend that the operating hours during the construction phase be restricted to 08:00 to 18:00 Mondays to Fridays 08:00 to 13:00 Saturdays with no work on Sundays or Bank Holidays.”
The above issues can be subject to planning conditions and do not indicate that redevelopment of the site would be unacceptable.
12. DRAINAGE REQUIREMENTS - A Flood Risk Assessment has been undertaken by KRS Environmental and details the required mitigation measures necessary to facilitate development.
The Council’s Land drainage officer, Environment Agency and Yorkshire Water have no objections to the principle of development subject to conditions mainly to ensure that there is the provision a site surface water drainage scheme, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development is made prior to any development.
13. SUSTAINABLE CONSTRUCTION REQUIREMENTS - Policy EQ1 of the Core Strategy requires that all new residential development should be designed to achieve Code for Sustainable Homes level 4 for applications received before the end of 2015 and Code level 6 from 2016 onwards. Also other types of non-residential development of 500m² or more of gross floor area and will need to meet at least the ‘very good’ standard as set out in the Building Research Environmental Assessment Method (BREEAM). The application is accompanied by a pre-assessment estimator (or equivalent for BREEAM Bespoke) completed by an accredited assessor showing that the development is likely to reach the required Code/BREEAM targets.
14. RESIDENTIAL AMENITY - The site benefits do not have many boundaries with existing residential properties. There are residential dwellings opposite the railway line, but due to this feature and distance their amenity and living conditions would not be unduly harmed.
The main properties likely to be affected are the dwellings on Station Road. There are existing buildings on the site and it is considered that neighbour amenity could be preserved through detailed design within the served matters application. In addition the proposed uses would sit more happily alongside existing residents than the former factory, which was the cause of the of many Environmental Health complaints. The Travel Assessment seeks to encourage business vehicles to use the new access from the A61 and there are traffic calming measures could be incorporated close to the Station Road entrance.
There are three properties on Spacey View and some houses on the southern edge of Walton Park which are predicted to experience deterioration in visual amenity due to the construction of the proposed junction and access road off the A61. The LVIA also notes that despite planting mitigation, the street lights around the junction would be visible from some houses on Walton Park, the adjacent houses on Spacey View and from footpaths to the south and south-west. Whilst outlook is not a material planning consideration it is considered that these properties are a sufficient distance to ensure that the proposed development does not unacceptably impact on living conditions.
The indicative layout shows that the site could be developed which accommodates residential amenity. Distances between dwellings would preserve privacy, most being 21m opposite other dwellings. There are residential properties shown with relatively good sized gardens depending on the house type proposed. There are some which are close to the railway line, but this reflects development elsewhere in Pannal.
The indicative layout or access would not have an unacceptable impact upon the residential amenity of nearby properties and would therefore meet the policy requirements outlined in SG4, Hd20 and the supporting residential development SPG and House Extensions and Garages SPD which seek to ensure development does not have an unacceptable impact upon residential amenity and provides satisfactory amenity for future occupants.
CONCLUSION
In the absence of a 5 year housing supply there is now a presumption in favour of sustainable development. The site is a draft allocation in the Sites and Policies DPD Publication Draft and forms part of the District's five year supply of land proposed in that document. The site consists of previously developed land occupying a location adjacent to Pannal and within the Development Limits. The introduction of playing pitches and the access road and roundabout within the Green Belt are not inappropriate development .The site is highly accessible by all modes of transport and has access to community facilities and services. The site would allow for the redevelopment of the existing business use with the potential to increase the number of jobs on the site. With this application being in outline only, the final detail of the layout, appearance, landscape and scale for the site would be finalised at the reserved matters stage, but it is considered that the development will successfully integrate into the character of the surrounding built form and natural environment. The proposal would safeguard residential amenity and provides acceptable highway arrangements. Subject to provision of community facilities through a S106 Agreement, conditions and consideration of details at reserved matters stage, the site can deliver sustainable development as it is in accordance with the provisions of the Council’s Local Development Framework Core Strategy and Local Plan and the National Planning Policy Framework. To allow for resolution of the outstanding matters regarding the Highways Agency Direction, notification and resolution of the Section 106 Agreement, Officers are recommending a deferral to Head of Planning services for approval.
CASE OFFICER: Mrs Kate Williams
RECOMMENDATION
That the application be DEFERRED and HOPS be authorised to APPROVE the application subject to the following conditions and such other conditions HOPS considers to be necessary and following the completion of a S106 Agreement requiring:
0 The signing of a Section 106 Agreement to secure the following: 40% affordable housing and the provision of public open space on site in accordance with the requirements of Local Plan Policy H5
A Contribution to the provision of public open space and village halls in accordance with Core Strategy Policy C1.
Contribution to the provision of Education Facilities in accordance with Core Strategy Policy C1.
The provision of a Travel Plan.
A contribution of £25,000 towards the implementation of MOVA at the Spacey Houses Traffic Signals.
The timing and provision of an off road shared cycle/footway on the A61.
The cost of making any required Travel Regulation Orders.
And outside of the S106 Agreement the Highways Agency removing the TR110 Direction.
The application to be Refused by the Head of Planning Services should the applicants refuse to sign the S106 Agreement or the S106 Agreement has not been signed within 6 months of the date of the Planning Committee.
1 Development shall not commence until details of the following reserved matters have been submitted to and approved in writing by the Local Planning Authority: (a) appearance (b) landscaping (c) layout; and (d) scale.
2 The access hereby permitted shall be carried out in accordance with drawing No. 12093/GA/02 Rev. A, entitled ‘proposed site access arrangements’ unless otherwise approved in writing by the Local Planning Authority.
3 Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works or the depositing of material on the site, 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:
(1) Detailed engineering drawings to a scale of not less than 1:500 and based upon an accurate survey showing: (a) the proposed highway layout including the highway boundary (b) dimensions of any carriageway, cycleway, footway, and verges (c) visibility splays (d) the proposed buildings and site layout, including levels (e) accesses and driveways (f) drainage and sewerage system (g) lining and signing (h) traffic calming measures (i) all types of surfacing (including tactiles), kerbing and edging.
(2) 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: (a) the existing ground level (b) the proposed road channel and centre line levels (c) full details of surface water drainage proposals.
(3) Full highway construction details including: (a) 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 (b) when requested cross sections at regular intervals along the proposed roads showing the existing and proposed ground levels (c) kerb and edging construction details (d) typical drainage construction details. (4) Details of the method and means of surface water disposal. (5) Details of all proposed street lighting. (6) Drawings for the proposed new roads and footways/footpaths giving all relevant dimensions for their setting out including reference dimensions to existing features.
(7) Full working drawings for any structures which affect or form part of the highway network.
(8) 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.
4 No part of the development to which this permission relates shall be occupied until the carriageway and any footway/footpath from which it gains access is constructed to base course 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.
5 Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works, or the depositing of material on the site in connection with the construction of the access road or building(s) or other works until:
(i) The details of the required highway improvement works, listed below, have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority.
(ii) An independent Stage 2 Safety Audit has been carried out in accordance with HD19/03 - Road Safety Audit or any superseding regulations.
(iii) A programme for the completion of the proposed works has been submitted.
The required highway improvements shall include: a. Proposed Roundabout Access on the A61
6 Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works, or the depositing of material on the site in connection with the construction of the access road or building(s) or other works hereby permitted until full details of the following have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority: (i) tactile paving (ii) vehicular, cycle, and pedestrian accesses (iii) vehicular and cycle parking (iv) vehicular turning arrangements (v) manoeuvring arrangements (vi) loading and unloading arrangements
7 There shall be no access or egress by any vehicles between the highway and the application site until details of the precautions to be taken to prevent the deposit of mud, grit and dirt on public highways by vehicles travelling to and from the site have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. These facilities shall include the provision of wheel washing facilities where considered necessary by the Local Planning Authority in consultation with the Highway Authority. These precautions shall be made available before any excavation or depositing of material in connection with the construction commences on the site and be kept available and in full working order and used until such time as the Local Planning Authority in consultation with the Highway Authority agrees in writing to their withdrawal.
8 Unless approved otherwise in writing by the Local Planning Authority there shall be no establishment of a site compound, site clearance, demolition, excavation or depositing of material in connection with the construction on the site until proposals have been submitted to and approved in writing by the Local Planning Authority for the provision of:
(i) on-site parking capable of accommodating all staff and sub-contractors vehicles clear of the public highway (ii) on-site materials storage area capable of accommodating all materials required for the operation of the site. The approved areas shall be kept available for their intended use at all times that construction works are in operation. No vehicles associated with on-site construction works shall be parked on the public highway or outside the application site.
9 Unless otherwise approved in writing by the Local Planning Authority, there shall be no establishment of a site compound, site clearance, demolition, excavation or depositing of material in connection with the construction on the site until details of the routes to be used by HCV construction traffic have been submitted to, and approved in writing by, the Local Planning Authority in consultation with the Highway Authority. Thereafter the approved routes shall be used by all vehicles connected with construction on the site.
10 The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2 of the NPPF or any future guidance that replaces it. The scheme shall include:
i. 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/bed spaces; ii. the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; iii. 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); iv. the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and v. 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.
11 The development hereby permitted shall not be begun until a scheme has been submitted and approved in writing by the Local Planning Authority for the provision of off-site educational facilities in accordance with Core Strategy Policy C1. The provision of off-site educational facilities shall be provided in accordance with the approved scheme . 12 The development hereby permitted shall not be begun until a scheme has been submitted and approved in writing by the Local Planning Authority for the provision of on and off-site public open space and provision for village halls to serve the future residents of the development hereby permitted. In accordance with Core Strategy Policy C1.The provision of off-site public open space facilities shall be provided in accordance with the approved scheme. The development shall not be occupied until the approved scheme has been carried out and unless otherwise agreed in writing with the Local Planning Authority the approved scheme shall thereafter be retained.
13 A landscape management plan (for both private and public land), including long term design objectives, management responsibilities and maintenance schedules for all landscape area and public open space (including recreational facilities for children and the playing fields) and other than small, privately owned domestic gardens shall be submitted to and approved by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner for the permitted use. The landscape management plan shall be carried out as approved. 14 Development shall not commence until a detailed scheme for maintaining, accommodating and enhancing ecological habitats and species of principal importance on, or where necessary off, the site, has been submitted to and approved in writing by the Local Planning Authority. This shall include the following:
* A full assessment of the semi-improved grassland sward at the optimal time of year (May-July inclusively). A scheme for the retention of substantial elements of the unimproved and marshy grassland to be incorporated within the open space of the redeveloped site shall be submitted for the written approval of the local planning authority prior to the submission of the full planning application.
* The veteran Oak (TN5 ecological survey, T1 arboricultural assessment) shall be retained and a scheme to enhance its prospects for long-term survival shall be submitted for the written approval of the local planning authority prior to the submission of the full planning application.
* Prior to their demolition, an emergence survey shall be undertaken of those buildings (B2, B3, B4, B5, B8 and B12) identified in the Waterman June 2013 report as containing limited features that may support roosting bats. Prior to the felling of any trees on site, an assessment shall be made of whether they are likely to support bat roost potential. A mitigation strategy for the incorporation of roosting opportunities for bats within the redevelopment shall be submitted for the written approval of the local planning authority prior to the removal of any buildings supporting bat roosts or of any trees identified as supporting medium to high bat roost potential.
* Surveys for reptiles and breeding birds shall be undertaken at an appropriate time of year and an assessment based on the results shall be submitted for the written approval of the local planning authority prior to the submission of the full planning application. If required, the assessments shall include a mitigation scheme for the incorporation of opportunities for reptiles and for breeding birds within the redevelopment
No part of the development shall be brought into use until this biodiversity mitigation and enhancement work set out in the approved scheme has been completed.
15 Unless otherwise agreed in writing by the local planning authority, no building or other obstruction shall be located over or within 3 (three) metres either side of the centre line of each sewer, which crosses the site.
16 No development shall take place until a site surface water drainage scheme , based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 1 in 100 critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
The scheme shall also include: * Surface water runoff to be attenuated to greenfield runoff rate (to a max of 5.06l/s/ha) * attenuation storage to b provided to accommodate a 1 in 100 year rainfall event, including a 30% allowance for climate change * details of how the scheme shall be maintained and managed after completion
17 Unless otherwise approved in writing by the local planning authority , there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.
18 The site shall be developed with separate systems of drainage for foul and surface water on and off site.
19 Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until sections 1 to 4 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until section 4 has been complied with in relation to that contamination.
1. SITE CHARACTERISATION An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
* human health, * property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, * adjoining land, * groundwaters and surface waters * ecological systems * 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'. 2. SUBMISSION OF REMEDIATION SCHEME A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
3. IMPLEMENTATION OF APPROVED REMEDIATION SCHEME The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise approved in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.
4. REPORTING OF UNEXPECTED CONTAMINATION In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirement of section 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of section 2, which is subject to the approval in writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with section 3.
20 Prior to development the developer should carry out an assessment in accordance with BS4142 to determine the rating level at the new development. This rating level can be determined including proposed attenuation measures. It is recommended that during normal daytime hours, 0700 to 2300 hours, the BS4142 rating level, measured over 1 hour, should be 5dB below the background level (LA90). During the night-time period, 2300 to 0700 hours, the BS4142 rating level, measured over 5 minutes, should be 5dB below the background level (LA90).
The report shall include an assessment of noise emissions from the proposed development and details of background and predicted noise levels at the boundary of the nearest noise sensitive premises together with proposed noise attenuation measures. The report shall be appropriate for the times of day or night that the development will operate. The results of the assessment shall be submitted as a written report to the Local Planning Authority. The report shall include any supporting calculations. Developers should assess the likely impact of the commercial premises on the noise environment. The residential premises must be designed to ensure that plant noise and similar is inaudible inside any residential premises in the vicinity.
Applicable standards that are acceptable for new and existing dwellings are
NR 20 in bedrooms (2300 to 0700) NR 25 in all habitable rooms (0700 to 2300)
All indoor levels shall be taken with windows open or closed (which ever makes the music appear louder) or with alternatively provided acoustic ventilation over and above “background” ventilation. Noise rating curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5 Hz to 8 kHz.
Following that initial report a further noise report will be required at the detailed planning stage when more information is known about the layout and orientation of dwellings and potentially more is known about the specific employment uses which will be on site. The report should identify specific works and mitigation at specific locations given the noise exposure.
21 Development shall not commence until a scheme for the control of construction site noise has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented throughout the construction period.
22 No development shall take place until a Design Stage Code for Sustainable Homes Certificate issued by BRE or STROMA for each dwelling type comprised in the development has been submitted to and approved in writing by the Local Planning Authority. The Code Level to be achieved will be a minimum of:
Code Level 4 for dwellings completed between 2011 and 2015
Code Level 6 for dwellings completed after 2015.
Thereafter the development shall be carried out in accordance with the approved details.
23 A Post Construction Stage Certificate issued by BRE or STROMA for each dwelling type comprised in the development shall be submitted for the approval in writing by the Local Planning Authority prior to the first occupation of each dwelling to which the Certificate relates.
24 A Tree Protection Plan (TPP) and Arboricultural Method Statement (AMS) in line with the recommendations of BS 5837:2012, should be submitted and approved by the Local Planning Authority. 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 such a time as the TPP and AMS has been formally agreed and any root protection area (RPA) works required by the approved tree protection scheme are in place. 25 Any application for approval of reserved matters shall be designed in accordance with the Design and Access Statement (Smith Smalley Architects 2013) and Heritage Statement (Turley Associates May 2013).
26 All and foul water arising from the proposed works must be collected and diverted away from Network Rail property. In the absence of detailed plans all soakaways must be located so as to discharge away from the railway infrastructure. The following points need to be addressed:
* There should be no increase to average or peak flows of surface water run off leading towards Network Rail assets, including earthworks, bridges and culverts.
* All surface water run-off and sewage effluent should be handled in accordance with Local Council and Water Company regulations.
* Attenuation should be included as necessary to protect the existing surface water drainage systems from any increase in average or peak loadings due to normal and extreme rainfall events.
* Attenuation ponds, next to the railway, should be designed by a competent specialist engineer and should include adequate storm capacity and overflow arrangements such that there is no risk of flooding of the adjacent railway line during either normal or exceptional rainfall events.
27 Any application for approval of reserved matters shall be designed in accordance with the Landscape and Visual Appraisal of the Development Proposals (Golder Associates May2013).
28 Tree T1 (Oak) shall not be felled and shall be incorporated into the landscape plan.
29 The Travel Plan shall include the method statement which will identify how the 75 car parking spaces for the Park and Ride are maintained and retained for their intended purposes at all times.
30 The development hereby permitted shall be implemented in accordance with a phasing programme, the details of which shall be submitted to and approved in writing by the Local Planning Authority prior to the submission of the application for reserved matters. The reserved matters application(s)shall be submitted in accordance with the phasing programme and shall include the construction programme setting out the timetable for the development on a phase-by-phase basis which including the development of the 8,150 sqm of B1 office units, 4,825 sqm B1 light industrial units and their parking areas, the retail unit, and Park and Ride. Development shall commence in accordance with the approved details.
31 Prior to the development commencing details of how Secured by Design principles have been incorporated into the scheme shall be submitted for the written approval of the Local Planning Authority and once approved thereafter implemented prior to occupation of any of the units hereby approved. 32 The demolition hereby permitted shall not be undertaken before a contract for the carrying out of the works of redevelopment of the site has been made and planning permission has been granted for the redevelopment for which the contract provides.
Reasons for Conditions:-
1 Pursuant to the requirements of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2 To define the consent and ensure that a satisfactory form of access is obtained in accordance with Core Strategy policies SG3, TRA1 and TRA2.
3 In accordance with Core Strategy Policies TRA1, TRA2 and TRA3 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. 4 In accordance with policy SG4, TRA1 and TRA2 and to ensure safe and appropriate access and egress to the dwellings, in the interests of highway safety and the convenience of prospective residents. 5 In accordance with policies SG3, TRA1 and TRA2 number and to ensure that the details are satisfactory in the interests of the safety and convenience of highway users. 6 In accordance with Core Strategy Policy SG4 to ensure appropriate on-site facilities in the interests of highway safety and the general amenity of the development. 7 In accordance with policy number SG4, TRA 1 and TRA2 and to ensure that no mud or other debris is deposited on the carriageway in the interests of highway safety. 8 In accordance with policy SG4, TRA1 and TRA2 and to provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area. 9 In accordance with policy number SG4, TRA1 and TRA2 and in the interests of highway safety and the general amenity of the area. 10 To ensure that affordable housing is provided on site, in accordance with ‘saved’ Policy H5 of the Local Plan. 11 In order to ensure that there is adequate provision for school facilities in the locality to meet the needs of the occupiers of the development. 12 To ensure that public open space and provision for village halls to serve the future residents of the development permitted are provided in the locality , in accordance with guidance contained in Core Strategy Policy C1 and the advice contained in the Supplementary Planning Guidance on the Provision of public open space and the Provision for village halls in connection with new housing development. 13 To ensure the long-term protection and management of existing planting and public open space that has amenity value and the successful establishment of all landscape planting to promote long-term conservation of habitats for the attraction of wildlife. 14 To ensure the provision of adequate means of ecological habitat/species protection and enhancement in the interests of amenity, in accordance with Core Strategy Policies EQ2, SG4 and ‘saved’ Local Plan Policy NC4 and HD13. 15 In order to allow sufficient access for maintenance and repair work at all times. 16 To prevent the increased risk of flooding, both on and off site in accordance with Core Strategy Policy EQ1. 17 To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal in accordance with Core Strategy Policy EQ1. 18 In the interest of satisfactory and sustainable drainage in accordance with Core Strategy Policy EQ1. 19 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. 20 To protect the living conditions of any new occupiers, in accordance with Local Plan Policy SG4 and EQ1 and ‘saved’ Local Plan Policy HD20. 21 In the interests of the living conditions of the occupiers of neighbouring properties, in accordance with Core Strategy Policies SG4 and ‘saved’ Local’ Plan Policy HD20. 22 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 23 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 24 In order to safeguard protected trees in accordance and protect the character of the area. In accordance with Core Strategy Policy Sg4 and ‘saved’ Local Plan Policy HD13. 25 To ensure that the development safeguards the character and appearance of the area and the visual amenity of the surrounding area in accordance with Core Strategy Policy SG4 and ‘saved’ Local Plan Policy HD20. 26 In the interest of the protection of the railway in accordance with Core Strategy Policy SG4, TRA1, TRA2 and TRA3. 27 To ensure the successful establishment of all landscaping planting in the interests of the visual amenity of the site and surrounding area. 28 In order to safeguard protected trees in accordance and protect the character of the area. In accordance with Core Strategy Policy Sg4 and ‘saved’ Local Plan Policy HD13. 29 To ensure the retention of adequate and satisfactory provision of parking for vehicles using the Park and Ride in accordance with Core Strategy Policies SG4 and TRA3. 30 To ensure the satisfactory delivery of the employment premises, in accordance with ‘saved’ Local Plan Policy E2 and Core Strategy Policies JB1 and JB3. 31 In the interests of residential amenity and community safety in order to reduce the fear of crime. 32 In the interests of the visual amenity of the locality.
INFORMATIVES
1 In imposing condition number 3 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 Authority in order to avoid abortive work. The agreed drawings must be approved in writing by the Local Planning Authority for the purpose of discharging this condition. 2 The proposals shall cater for all types of vehicles that will use the site. The parking standards are set out in the North Yorkshire County Council publication ‘Transport Issues and Development – A Guide’ available at www.northyorks.gov.uk 3 Comments from Network Rail
Fail Safe Use of Crane and Plant All operations, including the use of cranes or other mechanical plant working adjacent to Network Rail’s property, must at all times be carried out in a “fail safe” manner such that in the event of mishandling, collapse or failure, no materials or plant are capable of falling within 3.0m of the nearest rail of the adjacent railway line, or where the railway is electrified, within 3.0m of overhead electrical equipment or supports. Excavations/Earthworks All excavations/ earthworks carried out in the vicinity of Network Rail property/ structures must be designed and executed such that no interference with the integrity of that property/ structure can occur. If temporary works compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker's boundary fence should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may affect the railway, consultation with the Asset Protection Project Manager should be undertaken. Network Rail will not accept any liability for any settlement, disturbance or damage caused to any development by failure of the railway infrastructure nor for any noise or vibration arising from the normal use and/or maintenance of the operational railway. No right of support is given or can be claimed from Network Rails infrastructure or railway land.
Security of Mutual Boundary Security of the railway boundary will need to be maintained at all times. If the works require temporary or permanent alterations to the mutual boundary the applicant must contact Network Rail’s Asset Protection Project Manager.
Fencing Because of the nature of the proposed developments we consider that there will be an increased risk of trespass onto the railway. The Developer must provide a suitable trespass proof fence adjacent to Network Rail’s boundary (minimum approx. 1.8m high) and make provision for its future maintenance and renewal. Network Rail’s existing fencing / wall must not be removed or damaged. Given the proposal to include two playing pitches close to the railway it may be appropriate to provide a higher chain mesh fence alongside the touchline of the nearest pitch to the railway (upto 12 ft is suggested) to prevent balls from going onto the railway line.
Method Statements/Fail Safe/Possessions Method statements may require to be submitted to Network Rail’s Asset Protection Project Manager at the below address for approval prior to works commencing on site. Where appropriate an asset protection agreement will have to be entered into. Where any works cannot be carried out in a “fail-safe” manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. “possession” which must be booked via Network Rail’s Asset Protection Project Manager and are subject to a minimum prior notice period for booking of 20 weeks. Generally if excavations/piling/buildings are to be located within 10m of the railway boundary a method statement should be submitted for NR approval.
OPE Once planning permission has been granted and at least six weeks prior to works commencing on site the Asset Protection Project Manager (OPE) MUST be contacted, contact details as below. The OPE will require to see any method statements/drawings relating to any excavation, drainage, demolition, lighting and building work or any works to be carried out on site that may affect the safety, operation, integrity and access to the railway. Demolition Any demolition or refurbishment works must not be carried out on the development site that may endanger the safe operation of the railway, or the stability of the adjoining Network Rail structures. The demolition of buildings or other structures near to the operational railway infrastructure must be carried out in accordance with an agreed method statement. Approval of the method statement must be obtained from Network Rail’s Asset Protection Project Manager before the development can commence.
Vibro-impact Machinery Where vibro-compaction machinery is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of the Local Planning Authority acting in consultation with the railway undertaker prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement
Scaffolding Any scaffold which is to be constructed within 10 metres of the railway boundary fence must be erected in such a manner that at no time will any poles over-sail the railway and protective netting around such scaffold must be installed.
Two Metre Boundary Consideration should be given to ensure that the construction and subsequent maintenance can be carried out to any proposed buildings or structures without adversely affecting the safety of, or encroaching upon Network Rail’s adjacent land, and therefore all/any building should be situated at least 2 metres from Network Rail’s boundary. This will allow construction and future maintenance to be carried out from the applicant’s land, thus reducing the probability of provision and costs of railway look- out protection, supervision and other facilities necessary when working from or on railway land.
ENCROACHMENT The developer/applicant must ensure that their proposal, both during construction, and after completion of works on site, does not affect the safety, operation or integrity of the operational railway, Network Rail and its infrastructure or undermine or damage or adversely affect any railway land and structures. There must be no physical encroachment of the proposal onto Network Rail land, no over-sailing into Network Rail air-space and no encroachment of foundations onto Network Rail land and soil. There must be no physical encroachment of any foundations onto Network Rail land. Any future maintenance must be conducted solely within the applicant’s land ownership. Should the applicant require access to Network Rail land then must seek approval from the Network Rail Asset Protection Team. Any unauthorised access to Network Rail land or air-space is an act of trespass and we would remind the council that this is a criminal offence (s55 British Transport Commission Act 1949). Should the applicant be granted access to Network Rail land then they will be liable for all costs incurred in facilitating the proposal.
NOISE/SOUNDPROOFING The Developer should be aware that any development for residential use adjacent to an operational railway may result in neighbour issues arising. Consequently every endeavour should be made by the developer to provide adequate soundproofing for each dwelling. Please note that in a worst case scenario there could be trains running 24 hours a day and the soundproofing should take this into account.
TREES/SHRUBS/LANDSCAPING Where trees/shrubs are to be planted adjacent to the railway boundary these shrubs should be positioned at a minimum distance greater than their predicted mature height from the boundary. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. We would wish to be involved in the approval of any landscaping scheme adjacent to the railway. Where landscaping is proposed as part of an application adjacent to the railway it will be necessary for details of the landscaping to be known and approved to ensure it does not impact upon the railway infrastructure. Any hedge planted adjacent to Network Rail’s boundary fencing for screening purposes should be so placed that when fully grown it does not damage the fencing or provide a means of scaling it. No hedge should prevent Network Rail from maintaining its boundary fencing. Lists of trees that are permitted and those that are not permitted are provided below and these should be added to any tree planting conditions: Acceptable: Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees – Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash – Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat “Zebrina”
Not Acceptable: Alder (Alnus Glutinosa), Aspen – Popular (Populus), Beech (Fagus Sylvatica), Wild Cherry (Prunus Avium), Hornbeam (Carpinus Betulus), Small-leaved Lime (Tilia Cordata), Oak (Quercus), Willows (Salix Willow), Sycamore – Norway Maple (Acer), Horse Chestnut (Aesculus Hippocastanum), Sweet Chestnut (Castanea Sativa), London Plane (Platanus Hispanica).
A comprehensive list of permitted tree species is available upon request.
Lighting Where new lighting is to be erected adjacent to the operational railway the potential for train drivers to be dazzled must be eliminated. In addition the location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway. Detail of any external lighting should be provided as a condition if not already indicated on the application. This would include any floodlighting on the proposed playing pitches.
If external lighting is to be deployed (we accept this may be a reserved matter) we would ask for the following condition to be included, for the reasons of railway safety: For the first three months following the installation and operation of the new lighting an assessment will be made to check the effect of the lighting on the nearby railway line. If it is found that there is a problem with driver visibility additional screening/cowling or light adjustment will be employed as appropriate to alleviate the problem, to the satisfaction of the local planning authority in association with Network Rail and the train operating companies
Access to Railway All roads, paths or ways providing access to any part of the railway undertaker's land shall be kept open at all times during and after the development.
4 Comments from the Police Architectural Liaison Officer are available to view on the case file. 5 This development is subject to a Planning Obligation made under Section 106 of the Town and Country Planning Act 1990. 6 Trees on the site to which this permission relates are subject to a Tree Preservation Order and may not be lopped, topped or felled without the prior written consent of the Borough Council, unless the tree work has already been approved under cover of a planning permission which is being implemented. Any person undertaking work to protected trees without written consent is liable to prosecution. Application forms are available from the Councils Department of Development Services. 7 All bats and their roosts are fully protected under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000) and are further protected under Regulation 41 (1) of the Conservation of Habitats and Species Regulations 2010. Should any bats or evidence of bats be found prior to or during development, work must stop immediately and in the first instance contact the National Bat Helpline on 0845 1300 228. Developers/contractors may need to take further advice from Natural England on the need for a European Protected Species Licence in order to continue the development in an lawful manner. Natural England can be contacted at [email protected], or by calling 0300 060 3900, or Natural England, Consultation Service, Hornbeam House, Crewe Business Park, Electra Way, Crewe, Cheshire, CW1 6GJ.