HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 11 November 2014

HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 11 November 2014

PLAN: 05 CASE NUMBER: 14/03044/FUL GRID REF: EAST 419466 NORTH 481106 APPLICATION NO. 6.7.34.A.FUL DATE MADE VALID: 26.09.2014 TARGET DATE: 21.11.2014 REVISED TARGET: CASE OFFICER: Mr Mike Parkes WARD: Mashamshire

VIEW PLANS AT: http://uniformonline.harrogate.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=N9FJUAHY64000

APPLICANT: Mr Kiel Ward

AGENT: Joplings

PROPOSAL: Demolition of pre-fabricated outbuilding and erection of 1 dwelling (site area 0.05 ha).

LOCATION: Gouthwaite House Fearby Ripon North Yorkshire HG4 4NF

REPORT

SITE AND PROPOSAL This full planning application relates to a site on the south east side the Green at Fearby within both the Nidderdale Area of Outstanding Natural Beauty and the Fearby Conservation Area.

The overriding form is that of two storey buildings, vernacular in style, with ridges parallel to the street or Green. There are only three single storey properties evident from the highway through the village; ‘Charis’ at the western end of the Green and ‘Woodlands View’, roughly midway between the Green and the 1927 Village Hall at the western limit of the village. The two named properties are mid 20th century bungalows and all three follow the general arrangement within the village of ridges parallel to the street or Green.

Sandstone is the predominant wall material with painted timberwork. Stone slate roofs account for around a third of the properties, the remainder largely being slate.

The overriding characteristics apply to the original farmsteads of Lowther House and Gouthwaite House between which the site lies. It is presently occupied by a pair of outbuildings used by Gouthwaite House, the larger being a workshop and garage/store set to the rear of the farmsteads by approximately 12m. This building measures 12m x 11m overall and is of concrete wall panel and timber boarding external construction with an asbestos sheeted roof reaching a ridge 3.8m above ground. Beyond, around 30m from the farmsteads, is a stable block with the boundary of the application site to its rear a further 5m distance.

It is proposed to replace these with a two bedroom bungalow on the site of the workshop/garage/store building. This would be 10.45m wide and 12m deep with its gables to the north and south. Externally the walls would be locally sourced stone, and roof thin blue slates with stone ridge copings at a height of 3.6m above ground. Windows and doors are stated as being white double glazed uPVC and rainwater goods in black uPVC.

Drainage is indicated as being the existing soakaway and foul sewer as appropriate.

Centrally sited in the gable facing towards the green would be a single pane window, the main openings being two sets of patio doors in the south east facing gable.

Each side elevation would feature a pair of two pane windows and the north east side would also contain a door and single window.

A chimney would project up from the eaves on the south west side elevation.

The accompanying planning design and access statements advise that ground source heat pumps, a photovoltaic solar system and rainwater harvesting would be provided, although no details of such are indicated on the submitted drawings.

The proposed property would share the existing access across the Green.

MAIN ISSUES 1. Principle 2. Landscape 3. Design and effect on Conservation Area 4. Open Space 5. Code for Sustainable Homes 6. Land Contamination 7. Use

RELEVANT SITE HISTORY

None.

CONSULTATIONS/NOTIFICATIONS Parish Council FEARBY

DCS - Open Space Requested commuted sums in respect of amenity greenspace at Fearby village hall (£256) and the natural greenspace of High Ellington heathland (£114).

EHO Contaminated Land Recommends an appropriate condition be attached to any approval in respect of potential contamination of the land.

NYCC Highways And Transportation Request condition be attached to any approval regarding provision and maintenance of parking turning and access areas.

Rural Strategy Officer No comments received

RELEVANT PLANNING POLICY NPPF National Planning Policy Framework SPDHSE Supplementary Planning Document: House Extensions and Garages Design Guide CSSG3 Core Strategy Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt CSSG4 Core Strategy Policy SG4 Settlement Growth: Design and Impact CSC1 Core Strategy Policy C1: Inclusive communities CSEQ1 Core Strategy Policy EQ1: Reducing risks to the environment CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPHD03 Harrogate District Local Plan (2001, as altered 2004) Policy HD3, Control of development in Conservation Areas LPC02 Harrogate District Local Plan (2001, as altered 2004) Policy C2, Landscape Character LPC01 Harrogate District Local Plan (2001, as altered 2004) Policy C1, Conservation of Nidderdale A.O.N.B 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 OPGCFR Other Planning Guidance, Fearby Conservation Area Character Appraisal PGHIST Planning Practice Guidance - Conserving and enhancing the historic environment PGDESN Planning Practice Guidance - Design SPGRES Supplementary Planning Guidance, Residential Design Guide

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 31.10.2014 PRESS NOTICE EXPIRY: 06.11.2014

REPRESENTATIONS FEARBY PARISH COUNCIL - Comment that the development if passed should remain as part of the main property of Gouthwaite Farm and not be sold as a separate dwelling. Nor should it be used as private rental accommodation other than holiday or for guests.

OTHER REPRESENTATIONS - None VOLUNTARY NEIGHBOUR NOTIFICATION

None undertaken.

ASSESSMENT OF MAIN ISSUES

1. PRINCIPLE - The statutory development plan consists of the Harrogate Borough Council's Core Strategy, Harrogate District Local Plan (2001, as altered 2004) and the related supplementary planning documents. Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires that all planning applications should be determined in accordance with the development plan unless material considerations indicate otherwise.

The National Planning Policy Framework (NPPF) is also a material consideration in planning decisions. Paragraph 14 of the NPPF applies a presumption in favour of sustainable development and for such applications to be granted unless they are not sustainable in terms of the NPPF, any adverse impacts would significantly and demonstrably outweigh the benefits, or other specific policies in the Framework justify refusal.

2. LANDSCAPE IMPACT - Saved Policies C1 (Conservation of the AONB) and C2 (Landscape Character) of the Local Plan require that development protects existing landscape character, and should be in or adjacent to existing settlements. Core Strategy policy EQ2 gives protection to the high quality natural environment. The NPPF gives great weight to the conservation of the landscape of the AONB.

Related to Policy C2 is the Landscape Character Assessment, approved as a supplementary planning document in February 2004. The application site is located within the “River Burn valley farmland” in Landscape Character Assessment Area 38. This is described as a stunning transitional landscape in the AONB with Fearby forming, along with Healey, two linear villages on the northern edge of the valley. Fearby lies some 60m above the valley floor and many views across the area encompasses the mix of characteristics which contribute to its distinctiveness, the change or loss of which will impact on character. The landscape has limited capacity to accept development, the caravan park to the west in Fearby being cited as an example of a detractor.

3. DESIGN AND EFFECT ON CONSERVATION AREA - Section 72 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that Local Planning Authorities, in carrying out their development control functions, pay special regard to the desirability of preserving or enhancing the character or appearance of the conservation area.

The Conservation Area Character Appraisal notes that a key consideration is the impact that future development proposals (whether in the form of new buildings or through the extension of existing buildings) might have on the distinctive form and character of the Conservation Area. New buildings will only be permitted where they respect, rather than compete with, the historic skyline and are of a suitable quality of design. New development that complements the established grain or settlement pattern is encouraged, which respects and not adversely impact upon the pattern of existing spaces between buildings. A further key consideration is the appropriateness of the overall mass or volume of the building and its scale. A new building should be in harmony with, or complimentary to its neighbours.

These objectives are consolidated in the requirement of Saved Local Policy C1 that where development is permitted the highest standard of sign reflecting local distinctiveness will be required. That requirement is in turn reflected by the NPPF and its accompanying planning practice guidance that it “is proper to seek to promote or reinforce local distinctiveness” and requiring regard to made to “local building forms and details contribute to the distinctive qualities of a place.”

Protecting and enhancing the historic environment is an important component of the NPPF’s drive to achieve sustainable development of which good design is a key principle (Paragraph 17) and the effect on the setting of a heritage asset should be considered. The desirability of sustaining and enhancing the significance of the conservation area should be taken into account along with the desirability of positively contributing to local character and distinctiveness. Any harm or loss should require clear and convincing justification, consent being refused when substantial harm is caused unless it can be demonstrated that public benefits outweigh the harm (paragraph’s 131 - 133). Material harm to a designated heritage asset or its setting carries greater weight than the issue of sustainability and good design (paragraph 65).

Saved Local Plan Policy HD20 sets out the design principles that should be taken into account in new development and Core Strategy Policy SG4 provides detailed advice in terms of ensuring development integrates with the general amenity of the area.

The loss of the buildings would not be harmful to the character of the conservation area although it should be noted that the garage/workshop building does provide covered vehicular accommodation should such be required. The accompanying planning design and access statement refers to that existing building as being seldom used.

The scheme as proposed makes no provision for garaging for either the existing dwelling or the proposed dwelling and any subsequent provision of such would further impact on the conservation area.

The provision of any such garaging structures would be likely to result in the filling in of the gap between the properties fronting the Green and consequently negating on the permissible view; the mixture of short and long distance views encapsulate the special character and appearance of the conservation area and its place in the landscape.

It is apparent that the proposal has been put forward to reflect the existing workshop/garage that is on the site. That is a building of secondary appearance in both scale and materials to the principal buildings lining the Green. The proposal is contrast would have permanence far beyond that of the existing and whilst the use of stone is welcomed it would make the buildings visually more prominent drawing attention to the low wide gable facing towards the Green, set back behind the main alignment of dwellings alongside the Green.

The orientation of the building would be contrary to the grain of the village. This was held as a significant factor in the case of a garage block to the rear of a barn conversion further to the west which was refused when orientated as per the application proposal but approved when reoriented through ninety degrees.

Facing south east the other gable would present a significantly glazed fenestration, which would glitter in sunlight across the landscape of the River Burn valley towards the plantations within and adjacent to Swinton Park. The position of the chimney off the eaves rather than the ridge is also a negative design feature of the proposal while the shallow roof pitch, around 14 degrees, would require a suitable roof finish to which the indicated slates would merely be a cladding.

The proposal does not preserve or enhancing the character or appearance of the conservation area and by definition is unsustainable development.

4. OPEN SPACE - The proposed development if approved would attract a commuted sum for off-site open space and village hall contributions under the provisions of Harrogate District Local Development Framework Core Strategy Policy C1 and a signed unilateral in this respect has been received.

5. CODE FOR SUSTAINABLE HOMES - As a new dwelling a validation certificate that the unit will achieve the required rating of level 4 under the Code for Sustainable Homes, in accordance with Core Strategy Policy EQ1 which targets the reduction of consequential risks for climate change and environmental damage, has been received but no pre assessment report has been provided.

6. LAND CONTAMINATION - The Environmental Health Officer recommends a condition as a way as dealing with any land contamination that may exist from previous use of the site.

7. USE - With regard to the comments of the Parish Council the application details clearly indicated that the proposal would be a private dwelling. No undue harm is anticipated from the joint use of existing access.

CONCLUSION

The proposed development due to its form and permanence would be an unsustainable development harmful to the character and appearance of the Fearby Conservation Area within the Nidderdale Area of Outstanding Natural Beauty.

CASE OFFICER: Mr Mike Parkes

RECOMMENDATION

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

1 The proposed dwelling by reason of its form, design and siting would be in conflict with and detrimental to the character and appearance of the Fearby Conservation Area located within the Nidderdale Area of Outstanding Natural Beauty such as to represent an unsustainable development contrary to the terms of the National Planning Policy Framework, its accompanying National Planning Practice Guidance, the Fearby Conservation Area Character Appraisal, Saved Policies C1, C2 and HD20 of the Harrogate District Local Plan and Policies EQ2 and SG4 of the Harrogate District Core Strategy.