HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 1 March 2016

PLAN: 09 CASE NUMBER: 15/05589/FUL GRID REF: EAST 436836 NORTH 476918 APPLICATION NO. 6.11.16.C.FUL DATE MADE VALID: 21.12.2015 TARGET DATE: 15.02.2016 REVISED TARGET: CASE OFFICER: Mr Andrew Moxon WARD: Wathvale

VIEW PLANS AT: http://uniformonline.harrogate.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=NZIINYHYHVX00

APPLICANT: Oswald Potter Farms (Kirklington) Limited

AGENT: Mr G Pitchford

PROPOSAL: Erection of 1 dwelling with detached garage and formation of new access (Site Area 0.09 ha).

LOCATION: Wide Howe Lane St James North YO7 4PT

REPORT

SITE AND PROPOSAL The application site comprises the corner of an agricultural field on the eastern edge of the small settlement of . To the front of the site, adjacent to the highway, is a well-established hedgerow and roadside trees.

To the west are a pair of semi-detached brick houses. These are presently the last houses in the village as you travel west towards Asenby. Baldersby St James is a very small settlement that was built as a model village in a very short period in the middle of the 19th century. The village is a designated conservation area and the application site abuts the boundary but is not within it. To the north east of the application site is a working farm called ‘The Brooms’.

The landscape around Baldersby St James is generally flat and used primarily for agriculture and a mixture of livestock grazing and crop production.

The proposal is for a detached dwelling on land presently in agricultural use adjacent to nos. 1 and 2 Kirklea, Wide Howe Lane.

MAIN ISSUES 1. Policy 2. Design And Impact On Conservation Area 3. Impact On Neighbouring Residential Amenity 4. Impact On Highway Safety 5. Provision Of Open Space And Village Halls

RELEVANT SITE HISTORY None

CONSULTATIONS/NOTIFICATIONS Housing Department No objection.

Historic No objection.

Victorian Society No comments received

EHO Contaminated Land No objection subject to conditions.

NYCC Highways And Transportation No objection subject to conditions.

Principal Ecologist No comments received

DCS Arboricultural Officer No comments received

Parish Council Baldersby Parish Council.

Estates Manager No objections.

DCS - Open Space Commuted sum payment towards the provision of public open space and village halls calculated as:

Open Space £1,415.79 with Newby Village Hall £2,123.56

RELEVANT PLANNING POLICY NPPF National Planning Policy Framework LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPC02 Harrogate District Local Plan (2001, as altered 2004) Policy C2, Landscape Character 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 SPDHSE Supplementary Planning Document: House Extensions and Garages Design Guide SPGLAP Supplementary Planning Guidance, Landscape Character Assessment of Harrogate District SPDPVH Supplementary Planning Document, Provision for Village Halls in Connection with New Housing Development SPDPOS Supplementary Planning Document: Provision for Open Space in Connection with New Housing Development

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 25.01.2016 PRESS NOTICE EXPIRY: 11.02.2016

REPRESENTATIONS BALDERSBY PARISH COUNCIL objects to the proposal:

The proposed development, which abuts the conservation area, will have a significant impact on the Conservation Status of Baldersby St James. This Conservation Status was approved on 16th November 2011 by the District Council following a protracted public consultation exercise involving specialists from the Conservation Area Department of the Council, the Parish Council and local residents from the Parish. The Parish Council continues to support the Conservation Status of Baldersby St James which has 18 listed buildings and has been described as a jewel in the crown of the Harrogate District.

The Parish Council would strongly advise that The Victorian Society, the Campaign to Protect Rural England and English Heritage regarding Baldersby St James, before making any decision about this application.

OTHER REPRESENTATIONS – None.

VOLUNTARY NEIGHBOUR NOTIFICATION None undertaken.

ASSESSMENT OF MAIN ISSUES 1. POLICY - The Strategic Housing Marketing Assessment takes as its starting point official population and household projections and then goes on to consider whether it is appropriate to make an upward adjustment to these figures to reflect affordable housing need, market signals and potential economic performance. The publication of the 2012 household projections has had the effect of reducing downwards the objectively assessed need figure; resulting in an overall figure of 518 dwellings per year for the period 2014-2035 when compared to the previously published 621. The effect of this change has been to increase the amount of housing land supply such that it now stands at 7.2 years.

Baldersby St James is a small settlement that nevertheless has a primary school and Parish Church. It has limited opportunity to expand due to its tight grain and lack of brownfield sites. This means that any expansion of Baldersby St James has to be by greenfield development.

Paragraph 55 of the NPPF states “To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances.”

The proposed development is in a rural area but is not considered to be in an isolated location. As such the development is in a rural locality but within a group of smaller settlements to the north east of . This is a good example where development in one settlement can help support existing services in nearby villages.

2. DESIGN AND IMPACT ON CONSERVATION AREA - Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 sets out that for development within a conservation area “special attention shall be paid to the desirability of preserving or enhancing the character and appearance of that area”.

It should be noted that the application site is not in the conservation area however it does abut it and development that may impact upon the setting of a conservation area should be considered carefully. The two adjacent houses date from the middle of the 20th century and do not follow the architectural style of Baldersby St James but have, nevertheless, been included in the conservation area.

Baldersby St James is a very small village lying between the larger villages of Baldersby to the north and Rainton to the south. Beside the River Swale to the east of Baldersby St James stands the Palladian house, now a school, known as Baldersby Park, which was designed by Colen Campbell and built in 1720-21. The house was the centre of the estate that included the land upon which Baldersby St James lies. The Baldersby Park estate was acquired by William Dawnay, 7th Viscount Downe, in 1854. He was responsible from establishing the new village at Baldersby St James, which was designed by Gothic Revival architect William Butterfield.

St James church, constructed in 1856 is Grade I Listed and identified as a local landmark building in the Baldersby St James Conservation Area Character Appraisal (2010), the remainder of the village dates from around this period except for 1 and 2 Kirklea, to the west of the application site and two semi-detaches bungalows on the western edge of the village, both of which date to the latter part of the 20th century.

The proposed dwelling has been designed to reflect the architectural style of the village. When a village, such as Baldersby St James, has been designed and built as a complete village it is difficult to mimic the architecture without it appearing very contrived. The later buildings in the village, adjacent to the development site are very distinct from the older buildings in the village and do not attempt to copy the establish architecture.

Because the core of the village was constructed at the same time as a model village the construction materials are all, to a large degree, complimentary to each other.

The proposal must be considered against the relevant policies of the Development Plan: Policy EQ2 of the Core Strategy 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.”

Saved Policy HD20 of the Local Plan sets out a series of criteria that relate to all new development. In this case the following criteria are considered relevant:

A – New buildings 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.

B – New buildings should respect the local distinctiveness of existing buildings, settlements and their landscape setting.

C – New buildings should respect the scale, proportions and height of neighbouring properties.

D – New building design should respect, but not necessarily mimic, the character of their surroundings and, in important locations, should make a particularly strong contribution to the visual quality of the area.

E – Fenestration should be well-proportioned, well-balanced within the elevation and sympathetic to adjoining buildings.

F – The use and application of building materials should respect materials of neighbouring buildings and the local area.

The proposed house is built, as the rest of the new village, in a gothic revival style. This is expressed most obviously through steeply pitched roofs and through eave dormer windows. It is important to ensure that the building materials used in the construction of the house matches those of the historic buildings in the village. Having designed a dwelling that reflects the architectural style of the village it would be very unfortunate if the incorrect materials were used in its construction. It is recommended that if members are minded to approve the scheme conditions are added requiring a samples of the construction materials be provided and approved by the local planning authority.

It is considered that the design of the house is acceptable in this location. It is not within the conservation area, although the site does adjoin it, and so the design and appearance of the building is an important detail to consider. In this case, the architecture of the village has been taken as a cue, and whilst the siting of the proposed dwelling, away from the core of the village, means that the house would be seen as an obvious later addition, it does, nevertheless, reflect the vernacular of the historic settlement.

3. IMPACT ON NEIGHBOURING RESIDENTIAL AMENITY - Criterion I of Policy HD20 states: New development should respect the privacy and amenity of nearby residents and occupiers of adjacent buildings.

The proposed dwelling is located adjacent to nos. 1 and 2 Kirklea. The house has been designed with a door at ground floor and bathroom window at first floor in the western elevation facing towards no. 2 Kirklea. This is unlikely to cause any direct overlooking or interlooking between properties. Being to the east of the existing dwellings means that the proposed house will cause some overshadowing in the morning hours. The application site is on the north side of Wide Howe Lane and so the front elevations are south facing. The amount of sunlight and daylight reaching the front of the houses is unlikely to be effected by the proposal. The north facing gardens of nos. 1 and 2 Kirkelea are already partly overshadowed by the houses themselves. The proposed house to the east of no. 2 will cause the side elevation of no. 2 and part of the garden to be overshadowed during the morning hours.

The proposed double garage in the northwest corner of the plot and abutting the boundary with no. 2 is likely to be noticeable when stood in the rear garden of no. 2. It is sufficient distance to prevent the amenity of the residents being effected when in the house. The area of garden impact would be relevantly small and it is considered that the amenity of the residents of nearby properties, primarily no. 2 Kirklea, would not be impacted by the proposal.

4. IMPACT ON HIGHWAY SAFETY - The proposal involves the creation of a new driveway onto Wide Howe Lane. Sufficient off street parking is provided this mean that the development would cause an increase in on street parking. The driveway involves making a break in the hedgerow but this would not be detrimental to the area. The highways authority do not object to the proposal and the necessary sight lines can be achieved and standard conditions are recommended.

5. PROVISION OF OPEN SPACE AND VILLAGE HALLS - Policy C1 of the Core Strategy sets out the “the Borough Council will expect developers to provide for and/or contribute towards the provision of community and other infrastructure needs generated by their development.”

A signed unilateral undertaking has been received agreeing to make a payment of £3,539.15 which comprises £1,415.79 towards the provision of public open space and £2,123.36 towards Rainton with Newby village hall.

CONCLUSION

The proposed development, on the edge of Baldersby St James, is not in an isolated location. The introduction of residential development in rural areas can help to support existing services in nearby villages, as set out in paragraph 55 of the NPPF.

The design of the house is considered acceptable and reflects the historic character of the conservation area and would not be detrimental to the established landscape characteristic of the locality.

The proposed dwelling would make a modest contribution to the Council’s 5 year housing land supply. The development complies with the policies of the development plan and relevant parts of the NPPF.

CASE OFFICER: Mr Andrew Moxon

RECOMMENDATION That the application be APPROVED subject to the following conditions:-

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

2 The development hereby approved shall be carried out in accordance with the approved drawing numbered: * BSJ/PL01 (Rev A)

3 Prior to the construction of the external walls of the development hereby approved a sample panel, measuring 1m x 1m, showing the brickwork, coursing, pointing and finish shall be erected on site for the inspection and approval of the local planning authority. Once approved the development shall be completed in accordance with such detail.

4 Prior to the commencement of the external walls of the development hereby approved a sample of the type of roofing slate to be used on the roof of the house hereby approved shall be made available for inspection and approval by the local planning authority. Once approved the development shall be completed in accordance with such detail.

5 The garden of the dwelling, hereby approved shall not extend any further than that shown in on the approved plan numbered BSJ/PL01(Rev A).

6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no extensions, garages, roof or dormer windows other than any expressly authorised by this permission shall be erected without the grant of further specific planning permission from the local planning authority.

7 Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other ground works, except for investigative works, or the depositing of material on the site until the access to the site have been set out and constructed in accordance with the published Specification of the Highway Authority and the following requirements:

* The crossing of the highway verge and footway shall be constructed in accordance with the Standard Detail number E6.

* The final surfacing of any private access within 2 metres of the public highway shall not contain any loose material that is capable of being drawn on to the existing or proposed public highway.

8 No dwelling shall be occupied until the related parking facilities have been constructed in accordance with the approved drawing numbered BSJ/PL01 Revision A. Once created these parking areas shall be maintained clear of any obstruction and retained for their intended purpose at all times. 9 Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 or any subsequent Order, the garage shall not be converted into domestic accommodation without the granting of an appropriate planning permission.

10 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.

11 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 by competent persons and a written report of the findings must be produced and approved in writing by the Local Planning Authority.

Where remediation is necessary a 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 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.

Should any topsoil be taken onto site for the formation of a domestic garden it must be certified as suitable for a domestic garden and validated through sampling once on site.

Reasons for Conditions:-

1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990. 2 For the avoidance of doubt and in the interests of proper planning. 3 In the interests of visual amenity. 4 In the interests of visual amenity. 5 The further use of any part of O.S Field No.**** for garden purposes would be an unwarranted intrusion into the essentially agricultural surroundings of the site. 6 In order to protect the visual amenities of the surrounding area in view of the prominence of this site. 7 To ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience. 8 To provide for adequate and satisfactory provision of off-street accommodation for vehicles in the interest of safety and the general amenity of the development. 9 To ensure the retention of adequate and satisfactory provision of off-street accommodation for vehicles generated by occupiers of the dwelling and visitors to it, in the interest of safety and the general amenity the development. 10 To ensure that no mud or other debris is deposited on the carriageway in the interests of highway safety. 11 In order to protect the health and safety of future occupants of the dwelling.

INFORMATIVES

1 You are advised that a separate license will be required from the Highway Authority in order to allow any works in the adopted highway to be carried out. The 'Specification for Housing and Industrial Estate Roads and Private Street Works' published by County Council, the Highway Authority, is available at the County Council's offices. The local office of the Highway Authority will also be pleased to provide the detailed constructional specification referred to in this condition.