Case No. 18/04657/FULMAJ Item No. 04
Location: Land Comprising Field At 433113 471863, Back Lane, Sharow, North Yorkshire,
Proposal: Residential Development of 60 Dwellings.
Applicant: Rouse Homes Ltd
Access to the case file on Public Access can be found here:- view file Reason for report: This application is to be presented to the Planning Committee because it is a development of over 50 dwellings. The application was deferred from the 04.06.19 committee for the following reasons:
The application was deferred for reconsideration of the design/layout improvements and the completion of the Road Safety Audit.
SUMMARY
The proposal has been reduced from 69 originally, to 66 as reported at the last planning committee and now to 60 dwellings. The layout shows an improvement and has been amended to provide greater gaps between dwellings, the layout now is more sporadic with a scattered position of dwellings, particularly along the eastern boundary. Greater connectivity has been achieved through the road layout, additional tree planting can be realised and the design of dwellings has been amended in the form of improved architectural detail. In addition a satisfactory Road Safety Audit has been submitted, and reviewed by the Highway Authority.
The submission has a number of significant benefits deriving from it: it is promoting sustainable development through the development of a sustainably located site directly adjoining an existing settlement; the proposal will provide a range of homes to meet the needs of the local community; the development proposal will provide a development that is visually acceptable; parking is provided at an appropriate standard and a new safe vehicular access from Dishforth Road will facilitate the development, with an amended
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route to New Road also proposed; each dwelling will have good private amenity space and the layout of the site and individual dwellings ensures the amenity of existing residents and future occupiers is protected; and publicly accessible open space is provided within the development and will incorporate existing trees, open space and new planting, the environmental impacts will be managed through the submission of appropriate mitigation; and the development will provide contributions to mitigate the impacts on existing public open space, village halls and educations facilities.
The site is a draft allocation for housing land under Ref: SH1 of the emerging Harrogate Draft Local Plan and is expected to be delivered to assist the Council in meeting and maintaining their five-year housing supply requirements. The potential yield is 62 dwellings. This scheme proposes a lower figure.
In view of the above, it is considered the scheme satisfies national and local policy and represents a suitable development proposal for the site that addresses all the relevant and material considerations. In this context, the proposal satisfies Section 38(6) of the Planning and Compulsory Purchase Act 2004 and it is considered planning permission should be granted.
RECOMMENDATION: Defer and Approve subject to conditions and a S106 Agreement
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1.0 SITE DESCRIPTION
1.1 The site lies to the east of Sharow and is bounded by Dishforth Road to the north. Residential properties accessed off Sharow Road and New Road to the south are beyond a bridleway called Back Lane. There is a field to the east. To the west is New Road, which separates the site from dwellings at Glebe Meadow.
1.2 The site is approximately 2.78 hectares in size and comprises a single agricultural field which is currently in use as arable land. The site is relatively flat and well contained along its boundaries by perimeter hedgerows and a belt of tree planting along the eastern boundary which separates the site from the adjacent field.
1.3 The nearest dwellings are to the south of the site accessed from Sharow Road and New Road, whilst there are further residential properties to the west with properties on Glebe Meadows, a 1970s housing development. The dwellings within Sharow contains a number of traditional buildings, but also they display a variety of architectural styles.
1.4 The site lies within the buffer zone of the Studley Royal Park including the ruins of Fountains Abbey World Heritage Site. Within this buffer zone are designated heritage assets such as the Ripon Minster.
1.5 Other physical constraints include Tree Preservation Orders (TPO); three trees on the boundary of the site are subject to TPO’s. The entirety of the site lies within Flood Zone 1 (Low Probability).
1.6 There are bus stops directly adjacent to the site on Dishforth Road. Sharow itself lies directly close to Ripon, a main settlement of the district.
1.7 Within the Emerging Local Plan, Sharow is designated as a Secondary Service Village (Policy GS2), in which new development shall be located on land allocated for development. In the Core Strategy under policy SG2 it is a category C village which have at least 3 community facilities and access to bus services.
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2.0 PROPOSAL
2.1 The development proposes to deliver 60 residential dwellings. The on-site affordable housing provision is 40%. The development also proposes an area of on-site amenity green space.
2.2 A new vehicular access onto Dishforth Road is proposed, this will link to New Road. The New Road junction will be permanently closed to vehicular traffic (using bollards), but retained as a pedestrian cycle route. This is subject to a Traffic Regulation Order.
2.3 Development is sited either side of the access road from Dishforth Road. From this a spine road runs to a ‘T’ junction which runs north and south, and now loops back the main route through the side. A road runs alongside Dishforth Road in the northern boundary. The roads also lead off to smaller cul-de-sacs, with suitably sized turning heads.
2.4 The design of the dwellings is reflective of modern housing development construction using brick. All dwellings proposed are two storey, and meet space standards. There are a variety of house types comprising detached and semi-detached properties.
2.5 All dwellings have sufficient parking spaces and gardens within their curtilage. Most dwellings will have garages. There is some parking for visitors in parking bays alongside the access roads.
3.0 APPLICANT'S SUPPORTING INFORMATION
3.1 The following documents were submitted with the application.
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Site Layout Plan; Full Plans and Elevations of all house types; Materials and Boundary Treatment Plan; Planning Statement; Design & Access Statement; Statement of Community Involvement; Transport Assessment; Flood Risk Assessment; Noise Survey; Ecological Appraisal, Bat Activity Report & Site Investigation Report; Heritage Statement; Arboricultural Report & Tree Constraints Plan Archaeology – Geophysical Survey, Desk Based Assessment & Trial Trenches Report. Preliminary Geo-environmental Investigation, Ground Stability Declaration Form, Geophysical Survey & Ground Stability Report Landscape Assessment Landscaping Masterplan Topographical Survey Affordable Housing Proforma Stage 1 Road Safety Audit – July 2019
4.0 RELEVANT HISTORY
4.1 None relevant to this application.
5.0 NATIONAL & LOCAL POLICY
5.1 National Planning Policy
5.2 National Planning Policy Framework 2019
5.3 Core Strategy
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Policy SG1 Settlement Growth: Housing Distribution Policy SG2 Settlement Growth: Hierarchy and limits Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt Policy SG4 Settlement Growth: Design and Impact Policy EQ1 Reducing risks to the environment Policy EQ2 The natural and built environment and green belt Policy C1 Inclusive communities Policy TRA1 Accessibility Policy TRA2 Transport infrastructure Policy TRA3 Travel management
5.4 Harrogate District Local Plan (2001, As Altered 2004)
Policy A7 Unstable Land Policy HD7 World Heritage Site Policy HD20 Design of New Development and Redevelopment Policy C2 Landscape Character Policy H5 Affordable Housing Policy HD3 Control of development in Conservation Areas
5.5 Emerging Harrogate District Local Plan
GS1: Providing New Homes And Jobs GS2: Growth Strategy To 2035 GS3: Development Limits GS4: Green Belt GS5: Supporting The District's Economy GS6: Sustainable Development GS7: Health And Wellbeing GS8: Nidderdale Area Of Outstanding Natural Beauty HS1: Housing Mix And Density HS2: Affordable Housing TI1 Sustainable Transport TI2 Parking Provision
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TI4 Delivery of New Infrastructure TI6 Provision of Educational Facilities CC1 Flood Risk and Sustainable development CC4 Sustainable Design HP2 Heritage Assets HP3 Local Distinctiveness HP4 Protecting Amenity HP5 Public Rights of Way NE1 Air Quality NE2 Water Quality NE3 Protecting the Natural Environment NE4 Landscape Character NE5 Green Infrastructure NE6 Local Green Space NE7 Trees and woodland NE8 Protection of Agricultural Land NE9 Unstable and Contaminated Land
5.6 Supplementary Planning Documents
Heritage Management House Extensions and Garages Design Guide Provision for Open Space in Connection with New Housing Development Provision for Village Halls in Connection with New Housing Development Biodiversity Action Plan Biodiversity Design Guide Guidance on developer contributions to Education Facilities Landscape Character Assessment of Harrogate District Landscape Design Guide Residential Design Guide
5.7 Other material policy considerations:
5.8 Planning Practice Guidance
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6.0 CONSULTATIONS
6.1 Heritage Unit of NYCC - No objection to the proposal and no comments made.
6.2 MOD Airfield Safeguarding - No objection.
6.3 NYCC Lead Local Flood Authority (SuDS) –
. The proposals and submitted documents demonstrate a reasonable approach to the management of surface water on the site. . Therefore, the Lead Local Flood Authority recommends that conditions are attached to any permission granted. 6.4 Swale And Ure Drainage Board (Includes Claro) - No comments.
6.5 Principal Building Control Officer
. Planning permission should only be granted conditionally and subject to the provision of a suitable, satisfactory, ground investigation report and the report and the provision of a ground stability declaration form and mitigating measures, provided by professionally acknowledged experts in that field. . Membership of UK Register of Ground Engineering Professionals (UK RoGEP), or similar, would be accepted as confirmation that the relevant criteria have been met. 6.6 Historic England –
. Historic England has no objection to the application on heritage grounds. . They consider that the application meets the requirements of the NPPF, in particular paragraph 189.
6.7 Joint Committee Of The National Amenity Societies - No comments received.
6.8 Department Of Community Services/Open Space
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. Contributions towards Public Open Space and Village Halls within the area comprise £3330,00 in total. 6.9 Environment Agency - Dales Area Office - No comments received.
6.10 County Education Officer
. Require a contribution of £200,541.00 from this development to Sharow Church of England Primary School. . Require a contribution of £10,958.22. Previously a contribution was not required. 6.11 EHO Contaminated Land
. The conditions and informative provided based upon the original proposed layout for this site remains appropriate and proportionate for this amended site layout. 6.12 NYCC Highways And Transportation
. No objection following the removal of the footpath link to Dishforth Road. Recommends conditions and s106 contributions.
6.13 Housing Department
. There are some concerns, not objection about the provision of affordable homes at plots 6 -11 following the revised layout. Suggested a 2 bed unit is replace with a 1 bed unit.
6.14 Police Architectural Liaison Officer
. Original comments stated it is pleasing to note that principles of Crime Prevention through Environmental Design (CPTED) have been incorporated into this proposal. The overall design and layout of the proposed scheme is considered good.
6.15 Yorkshire Water
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. If planning permission is to be granted, the conditions should be attached in order to protect the local aquatic environment and Yorkshire Water infrastructure. 7.0 VIEWS OF THE PARISH COUNCIL
7.1 The Parish Council previously objected to the proposed development. They now advise that while unable to formally agree a new position towards the revised application, Sharow Parish Council noted at its July meeting that it was happy with the "direction of travel" on this application, in particular:
. The reduction in the number of units; . The reduced density of dwellings on the eastern edge of the improved network of vehicular/pedestrian routes within the site; . And the willingness of the developers to take on board the parish council’s comments regarding layout, density, and tree provision.
7.2 The Parish Council still has reservations about the external materials of some of the proposed houses. They would request a condition specifying these be in vernacular materials - Ripon-style brick, cobble, natural stone and not monochrome brick) could be considered, along with boundary treatments and planting that respond sympathetically to the site’s village/rural setting.
7.3 The Parish Council remains committed to eventually establishing a footpath link along Dishforth Road from Fairlawns to the centre of the village, and would wish the condition specified in the Principal Planner's email of 30th May - "Investigate the installation of a pedestrian link to the development towards the north east corner of the site, and submit proposals to the Local Highway Authority and carry out a Road Safety Audit. Should a pedestrian link be acceptable after a Road Safety Audit, the link must then be installed to the satisfaction of the Local Highway Authority." - be retained.
8.0 OTHER REPRESENTATIONS
8.1 18 representations have been received. The date for comments from the third set of site notices expires on 8th September, and since the previous
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committee 2 further representations received from objectors who have previously commented.
8.2 Principle – Greenfield site, agricultural land, the number of houses planned is inappropriate for the area and disproportionate to the current size of the village.
8.3 Highways – Unsafe access, would encourage use of Sharow Cross junction which is considered dangerous, number of vehicle movements, inadequate visibility splays, New Road retained, no pavement adjoining the site and on a dangerous bend, New Road requires re-surfacing, Sharow Lane has pot holes, should be a mini-roundabout, surrounding roads too narrow for commercial vehicles.
8.4 Design – Too many dwellings, some of the proposed houses to be built are very small and are not in character.
8.5 Heritage – The National Trust considered there may be a need to look at control over building heights and the density of development in this location to safeguard the World Heritage Site.
8.6 Flooding – New Road Floods, drainage strategy requires clarification.
8.7 Facilities - No capacity for expansion at Sharow CE Primary School, there are currently no amenities in the village to support any of the new houses - the existing Public House is currently closed and has been for some time, limited bus stops.
8.8 Amenity/Living conditions of existing residents – Additional noise from cars, loss of privacy, want control over construction, affordable housing not appropriate size.
8.9 Landscape – would create an ‘alien intrusion’ within this important landscape, landscape survey inadequate, encroachment into countryside, does not meet objectives of landscape character assessment.
8.10 Layout and Design – Insufficient green space and trees, would cause light pollution, does not integrate into the local community, affordable housing not integrated, want bungalows, relocation of public open space.
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8.11 Ecology and bio-diversity – involves hedgerow removal, loss of habitats, there should be bat boxes, new homes with cats will decimate bird life, The Lower Ure Conservation Trust, who has conducted more detailed hedgerow survey (March 2019), considers that the double hedgerow along Back Lane may represent a very old, feature of landscape and ecological importance.
9.0 ASSESSMENT
9.1 Main Issues:
. Social Sustainability – Housing Land Supply, Sustainability, S106 Contributions, Affordable Housing, Contributions To Open Space, Village Halls And Education, Character And Appearance Of The Area, Amenity, Highways, Social Objectives. . Environmental Sustainability –Heritage Assets, Impact On Ecology, Trees And Landscape, Environmental Health, Gypsum, Drainage, Environmental Objectives. . Economic Sustainability – Economic Benefits, Economic Objectives. . Planning Balance and Conclusion
9.2 SOCIAL SUSTAINABILITY
9.3 Housing Land Supply
9.4 Applications should be determined in accordance with the development plan unless material considerations indicate otherwise. The adopted Local Plan is the starting point for determination of any planning application. The policies within the adopted Local Plan in so far as they relate to the supply of housing are considered to be out of date and can be given no more than limited weight.
9.5 The NPPF is a material consideration which at paragraph 11 requires local planning authorities:
(c) to approve development proposals that accord with an up-to-date development plan without delay; or
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(d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date , granting permission unless:
(i) the application of policies in the Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or
(ii) any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.
9.6 At paragraph 48 it further advises Local planning authorities may give weight to relevant policies in emerging plans according to:
(a) the stage of preparation of the emerging plan (the more advanced its preparation, the greater the weight that may be given);
(b) the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and
(c) the degree of consistency of the relevant policies in the emerging plan to this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given)
9.7 The emerging Harrogate District Local Plan was the subject of a public examination in January following which the Inspector has written to the Council recommending that a number of sites be deleted from the Plan and that additional sustainability appraisal work is undertaken. The Local Plan satisfies Section 20(5) of the Planning and Compulsory Purchase Act 2004 and meets the criteria for soundness in the NPPF. All the policies in the emerging Local Plan can now therefore be given significant weight, they cannot however be given full weight until the document is adopted which is expected towards the end of the year.
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9.8 Material to the consideration of this application is the emerging Local Plan and the 5 year land supply position. The Council’s emerging Local Plan makes allocations of land and sets development limits to meet the housing needs of the district to 2035. Sites have been identified as allocations in the emerging Local Plan as those that best deliver the Plan’s growth strategy. Development should therefore be directed toward these sites, and proposals coming forward on other sites outside the development limits are unlikely to be viewed favourably.
9.9 In regard to 5 year land supply the Council has a healthy land supply position, currently 6.89 years when compared against the housing requirement, with an appropriate buffer. The need to approve schemes which are not on sites allocated in the emerging local plan is therefore diminished.
9.10 Given the stage that the Plan has reached, significant weight is being given to the fact that the application site is allocated within the emerging Local Plan.
9.11 Sustainability
9.12 The Site is a draft allocation within the emerging Local Plan, it is referenced as SH1. The sustainability appraisal work for the Local Plan summary is set out below:
A medium sized greenfield site on the eastern edge of the village. Some adverse effects on biodiversity, local distinctiveness and landscape but mitigation is possible and the site is large enough to incorporate new areas of natural green space. There is also unlikely to be adverse effects on built heritage. The site size allows affordable housing to be provided which also contributes to positive economic effects in the support for existing businesses. There are further positive social effects as the site has access to open space/sports and although there is poor accessibility to some local services the site has good access to a primary school and a bus route that has a good quality bus service. Development of the site would involve the loss of agricultural land and there would be an adverse impact on the local primary school which may need expansion. Some transport and
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accessibility problems and poor connectivity to cycle routes and some pedestrian access issues but mitigation is possible.
9.13 The site is located within close proximity of facilities within Sharow, which include a Primary School, Church, Public House (now closed) and Sports Field. There are also bus stops adjacent to the site as well as other stops close by within the village.
9.14 The bus services along Dishforth Road and Berrygate Lane provide access to the surrounding areas such as Northallerton and Ripon throughout the day on weekdays as well as at weekends. All the services connect to Ripon Bus Station which provides access to a further range of destinations.
9.15 The City of Ripon is accessible from the site which hosts a number of services including shops, employment opportunities, public houses and restaurants, primary and secondary schools and leisure facilities.
9.16 A shared pedestrian/cycleway is provided in the form of an underpass from Sharow Lane to the A6108 at the A61 Ripon Bypass/A61-8 roundabout. The segregated path provides pedestrians and cyclists with access to Ripon Centre from Sharow.
9.17 The potential yield of 62 dwellings within the emerging local plan site guidance is not a maximum or minimum figure, but sites should develop close to this indicative yield to make effective use of land. The provision of 60 houses is acceptable in this rural edge of settlement location due to design and character reasons.
9.18 The site has been assessed as part of the Local Plan process by the Council’s Planning Policy section. The Council has formed a view that the site is accessible and sustainable in terms of its location. The inclusion of the site as a draft allocation and the absence of objection from the examining Inspector means that significant weight can be given to this site for housing development.
9.19 Housing Mix - The table below provides a breakdown of the number of dwellings, bedrooms and tenure. The reduction in numbers has resulted in
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the reduction in 2 one bed affordable properties, and 2 two bed affordable properties (please note the provision is still at 40%). It has also resulted in the reduction of 3 four bed market dwellings and 1 five bed market dwelling. There are two more three bed affordable dwellings and the number of open market three bed dwellings remains the same.
No. of Affordable Homes Open Market Combined Total Bedrooms 40% (NPPF Definition) 1 2 0 2 2 12 0 12 3 8 8 16 4 2 25 27 5 0 3 3 Total 24 (40%) 36 60
9.20 The Emerging Local Plan policy has a requirement for development to respond to housing need as identified within the HEDNA. The affordable housing mix is in conformity with this.
9.21 The applicants advise that the mix reflects the need to create a scheme which in its built form, space between dwellings and landscape setting respects the character of the village and the surrounding residential areas whilst providing a number of dwellings close to the emerging allocations identified capacity, all of which have been key issues for the both consultees and the Parish Council . This has necessitated larger properties set within appropriately sized plots with associated landscaping to help assimilate the houses with their surroundings. Any alteration in the mix would result in more dwellings on site of a smaller footprint which would erode the design objectives they have been trying to establish and they state would invariably raise further concerns from both consultees and local residents.
9.22 Policy HS2 in particular is still subject to unresolved modifications. The amount of housing has been amended to facilitate additional openness. The application now proposes a reduction from originally 69 to 66 to 60 dwellings, most of those lost have been the 4 and 5 bed dwellings, as such
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the proposal and the overall mix is supported. 50% of the units on this site are 3 bed or smaller dwellings.
9.23 Affordable Housing
9.24 The amendments to the proposal have resulted in a reduction in affordable units from 26 to 24.As this development now proposes 60 units, this is still in compliance with the ‘saved’ Local Plan Policy H5 and emerging Local Plan policy HS2.
9.25 The 24 affordable units proposed and they are distributed across the site. The type of affordable housing comprises 2 x one beds, 12 x two beds, 8 x three beds and 2 x four bed.
9.26 Whilst the original layout was supported by the Council’s Housing section the comments on the revisions now advise that the layout causes some concerns. The main concern is less linkage across the front of the site. And the amended parking arrangements prevent the access across the front of the site. In addition the garden space for plot 8 has subsequently been reduced.
9.27 The position and number of affordable units on the front at plots 6- 11 is as per previously presented at committee. In addition there was a cluster of 10 affordable units, and now this is reduced to 8 with other units spread across the site. The cul-de-sac is not purely 100% affordable as the entrance starts between plots 48 and 12 and includes market housing. Plots 6 and 7 are likely to be shared ownership rather than purely affordable rented, creating a further mix.
9.28 Plot 8/9 are now proposed as the location for the 1 bed units. The 2 beds now have more garden space in an alternative position and resulted in the reduction of a driveway for an open market plot, but retaining the requisite amount of space for parking. Which was a suggestion by the housing officer. It is considered that improvements through the imposition of conditions to ensure surface treatment of on the frontage is the same, so it will read as a continuous street frontage.
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9.29 Given that there is only vehicular restriction (to enable the access to be retained as a private drive rather than adopted) the front of the site will read as a continuous street frontage. The proposed layout results in a small clusters of affordable housing, which are sufficiently integrated to avoid social exclusion.
9.30 An updated plan is expected at the time of writing the report. The development is considered to meet the requirements of ‘saved’ Local Plan Policy H5 and emerging local plan policy HS2. meeting the requirements also contained within the NPPF. Whilst it could be improved with a continuous road to plots 6 and 7, the layout will read as continuous street frontage, and access across the front of the site is possible, and not segregated. The provision of affordable housing is a significant benefit in favour of the proposal and can be secured through the completion of a Section 106 legal agreement.
9.31 Contributions to Open Space, Village Halls and Education
9.32 Core Strategy Policy C1 establishes the basis for delivering social improvements to secure sustainable development within the context of local circumstances. To support Policy C1, the Council has adopted Guidance on Education, Public Open Space and Village Hall Provision. The emerging Local Plan Policies TI4, HP7 HP8 and HP9 will expect developers to make reasonable on-site provision and/or off-site provision and/or contributions towards infrastructure and services in order to cater for the needs generated by development.
9.33 The Council submitted the Community Infrastructure Levy, Draft Charging Schedule for Examination on 16 August 2019, but its anticipated introduction will not be until 2020.
9.34 Open Space / Village Halls - The Council’s Parks department is responsible for identifying locations where future residents could use community facilities such as open spaces and village halls. These sites have to fall within distance thresholds.
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9.35 Contributions towards their maintenance or provision can be secured within the s106 agreement. All the types of open space bar allotments and parks and gardens will receive a contribution towards their enhancement. Copt Hewick Village Hall is the recipient for the contribution to village halls.
9.36 Education – A housing development will, depending on its size and composition, give rise either in the short or long term, to a demand for school places. If it can be demonstrated that there is, or will be, no spare capacity in local schools and no additional capacity is programmed by the education authority, Calculations are made on the basis of one primary aged child from every four properties (two or more bedroom) and one secondary school aged child from every eight properties (two or more bedroom).
9.37 The Council work on a secondary pupil yield percentage of 13% as against a primary pupil yield percentage of 25%. Between the two schools (Ripon Grammar and Outwood Academy Ripon) NYCC previously advised secondary aged pupils could be accommodated across the two schools, therefore no contribution would be required for secondary schools. A contribution has now been requested and clarification on this is sought at the time of writing the report. Any updated figure can be included in the s106 agreement.
9.38 North Yorkshire County Council advised that Sharow Church of England Primary School would require a contribution. The shortfall of spaces would require a contribution of £197,142.00 from this development, which in the terms of adopted planning guidance on this matter addresses the impact upon the school. This is the revised figure based on fewer dwellings.
9.39 The requirements of Core Strategy Policy C1 and emerging Local Plan Policies TI4, HP7 HP8 and HP9 can be fulfilled through the provision of contributions secured via the s106 which can mitigate the impact of development.
9.40 Character and appearance of the area
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9.41 The site is on the edge of the settlement. It is well related to existing housing, and is generally surrounded on sides by it. Visually the site is generally well contained by landform, hedges and existing development.
9.42 Sharow contains a number of residential buildings and estates displaying a variety of architectural styles. The former gatehouse to Sharow Manor sits at the junction of New Road and Sharow Lane. Properties on New Road are modern, predominantly bungalows with rooms in the roof space. There is little consistency in the materials used with red bricks and artificial stone used, tiles are a mixture of red and grey pantiles.
9.43 The proposed dwelling mix will yield a range of house type sizes and scale with a variety of dwelling footprints to create varied layout form and character. The approach is for all the house types to have traditional proportions and simple detailing. The individual house types each have their own unique design elements, but a cohesive theme exists throughout the development to ensure that the site masses together as a whole.
9.44 Although initially improvements were recommended relating to the landscape impact and comment on the local vernacular, the Conservation and Design officer did not raise an objection to housing development on this site- given its context: edge of settlement, well- related to existing housing, enclosed site.
9.45 Materials throughout shall be selected to complement the building design. Surfacing materials will comprise a variety of paving elements, using a neutral, smooth finish slab paving to housing frontages and private footpaths with a range of finishes to parking areas, a combination of block paving and tarmac, with the general circulation also in tarmac. Materials have been conditioned.
9.46 The applicants have reviewed dwellings in Rainton in this village and discussed further with the Parish Council. Officers advise that improvements to the dwellings mainly comprise architectural details to incorporate more traditional elements such as barge boards, brick heads, timber canopies, chimneys and mix of stone and brick walls and a variety of railings. The
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additional detail does help the cohesiveness and visual appearance of these properties individually, as a group and with the overall Sharow varied vernacular.
9.47 The position of the amenity space and additional tree planting is considered to help to assimilate the development into its context and consolidate the existing boundaries in order to soften the urban edge alongside road frontage planting which is to be enhanced.
9.48 The density of built form has been lowered and a more organic layout has been secured and dwellings set back from Dishforth Road. From the eastern edge of the site more gaps have been created through the development. This scattered approach to housing beings variety to the development, and it is less imposing than initially presented at committee. The spaces between the dwellings are welcomed, and the reduction in dwellings has resulted in positive visual benefits. Additional tree planting has been suggested on the layout drawings. The eastern edge boundary will be enhanced, and the impact is considered to be acceptable.
9.49 There is a Bridleway running along the southern boundary of the site. The site layout has incorporated this feature by enhancing access to it and promoting its use as part of this development. The bridleway is enclosed on both sides by mature hedgerows and the aim is to retain this character as much as possible so direct frontage development onto the bridleway has been avoided. Properties either back, or side onto the bridleway providing a degree of passive surveillance.
9.50 The applicants have proposed alterations which visually ere an improvement upon previous layout. This is combination with greater attention to detail of house types will provide a satisfactory composition within the site and integration with the village. The development is considered to fulfil the Design requirements of Core Strategy Policy SG4 and ‘saved’ Local Plan Policy HD20 and emerging Local Plan Policy HP3.
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9.51 Site Layout – The proposed development provides the requisite amount of parking. Additional parking provision has also been provided to try to reduce the ad-hoc parking that can occur in turning heads.
9.52 Garages can be retained for their intended purposes by way of a condition to prevent their conversion to habitable rooms. This would allow assessment of the parking if a future resident wished to expand their property. Cycle storage is not specified within the plan, but it is expected can be accommodated within existing plots or garages.
9.53 The site layout provides good links across the site, either through the main streets of informal courts. It is a simple layout and is accessible. There are pedestrian access points out of the site.
9.54 Amenity
9.55 Residential Amenity - There is a requirement within Paragraph 127 of the NPPF and within Core Strategy Policy SG4 to ensure a high standard of amenity for existing and future users. The Council’s supplementary design guidance has been taken into account alongside the emphasis and the policies contained within the NPPF.
9.56 The site has residential properties to the west beyond New Road within Glebe Meadow and to the south beyond the existing path Back Lane with properties fronting New Road, Sharow Lane and Back Lane. There is also an isolated dwelling to the north east of the site.
9.57 Glebe Meadow properties are detached bungalows. The bungalows face within their own residential estate and the boundary with New Road is the rear garden boundary which comprises hedgerow.
9.58 New Road is approximately over 4 - 6m wide, which will provide a separation between existing and proposed development. Back to back distances between dwellings exceed 30m. Dwellings are over 21m away from rear elevations on Glebe Meadow. These distances are in excess of guidance suggested and garden amenity space is similarly preserved.
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9.59 Properties which are near to the southern boundary of the application site have the benefit of the footpath along it. In places this is shown as approximately 4m to 6m wide and provides a separation gap between proposed and existing gardens. There are no direct back to back relationships, but the orientation of existing and proposed dwellings with the separation distances provided means the impact on these dwellings is acceptable.
9.60 There is an existing property adjacent to the north east of the site. This property has secondary window in its side elevation. This was a close relationship, but has subsequently been increased to a satisfactory distance of 8m.
9.61 Appropriate separation distances are proposed within the development and minimum standards are met and exceeded between proposed and existing properties to the west and south. The existing bridleway and New Road provides a degree of separation from the site and restricts visibility.
9.62 Amenity is subjective, but officers are of the opinion within this location that the overall impacts are not unacceptable in terms of living accommodation to warrant refusal. The development is considered to fulfil the amenity requirements of Core Strategy Policy SG4 and HD20 and emerging Local Plan policy HP4.
9.63 Future Occupants - The proposed units provide a sufficient amount of space, which would meet nationally described space standards. Distances between dwellings are acceptable. The dwellings will all be of similar character, and materials and will be indistinguishable between tenure, also applying to road surfaces.
9.64 Visitor parking is placed around the main access roads, to reduce the reliance for visitor parking on the roads and turning heads. The site is relatively accessible given its simple layout. There will be Electric vehicle charging points. There is sufficient space to store facilities such as cycles within garden sheds and garages.
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9.65 All dwellings have good garden sizes most are over 10m in depth. There will be some opportunities for planting within gardens and verges which can be secured by the conditions. Dishforth Road frontage properties will be enhanced to mitigate road noise.
9.66 The development would provide acceptable levels of residential amenity and a suitable environment for future residents. The development is considered to fulfil the amenity requirements of Core Strategy Policy SG4 and ‘saved’ Local Plan Policy HD20.
9.67 Highways
9.68 Local Highway network - The NPPF states that “Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe” (Paragraph 109). The application is supported by a Travel Assessment as required by Core Strategy policy TRA1: Accessibility (TRA1).
9.69 Dishforth Road is a two way single carriageway and runs east to west for approximately 5km from the A168 to the east. Sharow Lane continues to the west to a roundabout junction with the A61 Ripon Bypass/A6108.
9.70 Dishforth Road is rural in nature. To the east of the site and to the west of the site is more urban in nature as it runs through Sharow with its existing residential development. It has a carriageway width of some 5m and is unlit up until its junction with New Road, immediately to the west of the site where street lighting commences.
9.71 Dishforth Road is subject to a 30mph speed limit along the site frontage, with the change in speed limit and 30mph occurring some 380m east of the junction with New Road. At this point, there is a gateway feature consisting of Slow markings combined with rumble strip.
9.72 Vehicular access into the Site is proposed in the form of a simple priority ‘T’ junction onto Dishforth Road, approximately 50m to the east of its junction
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with New Road. It is proposed to introduce a raised speed table at the site entrance.
9.73 The new junction will meet highway visibility standards of 2.4 x 56m without significantly affecting the existing hedgerow, apart from a section that will be removed to form the new junction.
9.74 It has been agreed with NYCC Highways Officers that the northern section of New Road will be closed to vehicular traffic (using bollards) whilst remaining open to pedestrians and cyclists. As well as increasing amenity for pedestrians and cyclists, a further benefit of the proposed arrangement is that it retains a single access on to Dishforth Road in the vicinity.
9.75 Pedestrian and cycle access to the Site will also be gained via the proposed new priority junction on Dishforth Road. There will be the provision of a footpath and provision of some streetlights, which would result in betterment from the Highway Authority standpoint.
9.76 Stage 1 Road Safety Audit (RSA1) - The July 2019 Safety Audit identifies 6 main areas of risk associated with the access arrangements. The areas of risk have been identified as follows:
. Presence of speed table on Dishforth Road. . Entering New Road from Dishforth Road when it has been closed off. . Entering new estate road from New Road. . The carriageway width between New Road and the new Estate Road. . The footpath link onto Dishforth Road. . Vegetation on site frontage 9.77 The potential problems that were identified with these areas can be resolved through the detailed highway design works. This is the layout of junctions, position of signs, carriageway markings, lighting provision and other issues. This is in the form of the Stage 2 Road Safety Audit following the grant of any planning permission. The detailed design works are largely outside the application site and undertaken within the remit of the Highways Act 1980.
9.78 The footpath link has been removed from the plans. Previously it was considered that a condition to review this aspect if the safety audit showed
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there would be no harm attached. The RSA1 has identified that this crossing is located on the inside of a bend with extremely limited visibility to the east. The crossing also does not link any existing pedestrian infrastructure on the northern flank of Dishforth Road, therefore encouraging pedestrians to walk along the carriageway edge. The presence of a crossing in this location increases the risk of a pedestrian being struck by oncoming traffic along Dishforth Road. The recommendation is that it be removed. This is a pre- existing condition, its absence is not something that would render the proposal unacceptable in planning terms if not provided.
9.79 The Highway Authority has been requested to review the submission. The Highway Authority has reviewed the submitted information, and the concerns raised in the representations. They have concluded that the development including vehicular movements would not cause a severe impact. They have reviewed the Stage 1 Road Safety Audit.
9.80 The access is to be conditioned to have 2.4 metres x 56 metres visibility splay, which the Highway officer states is suitable for the speeds of vehicles travelling through Sharow.
9.81 The Highway officer, to further address concerns about volume of traffic, and speed concerns has conditioned a speed table be installed at the junction with Dishforth Road. They have also conditioned 2 rubber speed cushions be installed at the entrance into the site from New Road.
9.82 The Highway officer in his comments, notes the concerns about New Road. However, as part of this application, New Road will be closed to vehicular traffic using bollards. It will still remain open to pedestrians, and cyclists. This developer will provide a financial contribution for the Traffic Regulation Order required and implementation of this secured through the s106 agreement.
9.83 A contribution is requested from the Highway Authority for £25,000 for pedestrian and cycle infrastructure from Sharow, towards Ripon. A public transport contribution of £100.00 for each dwelling, to be expended on public transport ticket initiatives that would benefit the development has also been suggested by the Highway Authority. A travel plan will also be conditioned.
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9.84 The travel impact of this scheme would not add significantly to any pre- existing problems of access, road safety or traffic flow. The completed RSA1 provides further information about how the proposed risks can be adequately addressed at the detailed highway design stage. A stage 2 Risk Assessment is conditioned.
9.85 The imposition of conditions ensure that the proposed development would be acceptable and is in accordance with Policies SG4, TRA1, TRA2 and TRA3 of this Core Strategy. In addition the proposal does not conflict with the emerging Local Plan Policy TI and TI4.
9.86 ENVIRONMENTAL SUSTAINABILITY
9.87 Heritage Assets
9.88 Planning (Listed Buildings and Conservation Areas) Act 1990 - The statutory duty of section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirability of preserving listed buildings or their setting or any features of special architectural or historic interest which they possess and section 38(6) of the Planning and Compulsory Purchase Act 2004 to determine planning applications in accordance with the development plan unless material considerations indicate otherwise.
9.89 The conservation of heritage assets in a manner appropriate to their significance is a core planning principle. The national planning policies in this respect are contained within the NPPF chapter 16: Conserving and enhancing the historic environment.
9.90 Paragraph 189 of the NPPF states that in determining applications, a requirement is for the applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The submitted Heritage Statement by Lanpro Services March 2018 describes the significance of the heritage assets affected.
9.91 Fountains Abbey and Studley Royal - The site lies within the buffer zone of the Fountains Abbey and Studley Royal World Heritage Site (WHS). The
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WHS was designate by the World Heritage Committee of United Nations Educational, Scientific and Cultural Organization (UNESCO) in 1986. The WHS is approximately 4.4km to the south west of the site.
9.92 The Heritage Statement also has undertaken a search of designated Heritage assets and concludes that the potential impact upon the historic built environment would be to the potential impact upon the Fountains Abbey and Studley Royal WHS through development within its buffer zone, and Ripon Minster.
9.93 Historic England has previously provided advice on this development proposal on 11th March, 2019 and 3rd December 2018. At that time it was their advice and recommendation that they had concerns on heritage grounds because the applicant had not demonstrated that the proposed development would not cause harm to the significance of the Studley Royal and Fountains Abbey World Heritage site and the Grade I listed Ripon Minster, which falls within the WHS buffer zone.
9.94 The amended information provided consists of revised building layouts, and an enhanced Zone of Theoretical Visibility (ZTV) assessment and addendum to the existing Heritage Statement (Lanpro April 2019).
9.95 In essence, it advises that the number of roofs that would be visible based on the heights of the dwelling is minimal (around 8). Taking into account trees, which were then modelled in the ZTV the results show all theoretical visibility is eliminated. This is considered to now be reduced further following the amended layout.
9.96 Historic England have confirmed on the basis of the additional information provided, they no longer have concerns on heritage grounds and no longer object to the application on heritage grounds. They consider that the application meets the requirements of the NPPF, in particular paragraph 189, which in summary relates to the evaluation of the impacts upon Heritage Assets.
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9.97 Historic England advise that Permitted Development Rights for the addition of dormers and roof mounted solar panels should be removed for those proposed dwellings in the north-eastern corner of the development site.
9.98 The Council’s Conservation and Design officer also advised that they had no objections in principal to housing development on this site - but agreed with Historic England that it should be demonstrated that housing development will not intrude into designed views of the WHS, although they did consider it unlikely given the domestic scale of development proposed, but that the applicant needs to demonstrate this and mitigate any harm.
9.99 Archaeology - The site appears to have been situated beyond a possible medieval settlement at Sharow. The conclusion from the submitted documents is that the evidence suggests that the site remained agricultural, to the north of the village throughout the medieval period.
9.100 The applicants submitted an archaeological desk-based assessment and followed this with archaeological geophysical survey and trenching. The various assessments have not identified any deposits or finds of archaeological interest. No further implications arise in this respect, as confirmed by the Heritage Unit at North Yorkshire County Council.
9.101 Heritage Assets - The amended heritage statement and the archaeology assessments have identified and assessed the significance of heritage assets that may be affected by the proposals. In this respect the advice from Historic England and the Heritage Unit at NYCC have been sought.
9.102 Paragraph 193 of the NPPF calls for ‘great weight’ to be given to the designated heritage asset’s conservation, irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance. Paragraph 194 states that any harm should require a ‘clear and convincing justification’.
9.103 In this case, the harm from the loss of the greenfield site would be less than substantial and therefore paragraph 196 of the NPPF calls for the harm to be weighed against the public benefits of the scheme.
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9.104 Paragraph 197 advises that the effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly, or indirectly affect non- designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.
9.105 Public Benefits - The Planning Practice Guide advises that Public benefits may follow from many developments and could be anything that delivers economic, social or environmental progress as described in the National Planning Policy Framework.
9.106 Public benefits should flow from the proposed development. They should be of a nature or scale to be of benefit to the public at large and should not just be a private benefit. However, benefits do not always have to be visible or accessible to the public in order to be genuine public benefits.
9.107 The development of new housing has some economic benefit through the provision of jobs and investment during the construction phase. Thereafter, there would be continuing investment in the region from future occupiers of the completed development.
9.108 The provision of homes is referenced in para 8 of the NPPF as a social objective, as is having sufficient number and range of homes. This site is a draft allocation, and is part of the housing requirement. There is the provision of a policy complaint level of affordable homes, which carries further weight by meeting identified needs within the district.
9.109 There will also be the provision of public open space on site. The site layout also provides good garden space and accessible layout for future residents.
9.110 The environmental objective also references making effective use of land. The development represents a good use of land for the site given its context. Contributions to village halls and public opens space relate to the demand placed on them by future residents, but contributions to improve accessibility in the surrounding area also flow from the development.
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9.111 In addition to the above, it is envisaged that the proposed housing development could be delivered within the first years of the Plan period. The applicants have confirmed that following a favourable planning decision the site will be purchased. An application to discharge conditions will be submitted and they envisage starting on site later this year with a build out rate of three years.
9.112 The effects on the identified heritage assets are from the housing development of this scale and layout proposed. It is considered that the layout and density proposed result in the public benefits referenced and that given the emphasis on new housing with the site helping to meet the housing needs of the district outweighs the harm.
9.113 In considering the potential impact to the Heritage assets, it has been shown that the proposed development will not result in a loss to any element which makes a positive contribution to the significance of the listed buildings and important vistas within the WHS buffer zone. The development therefore maintains the area’s prevailing character and setting.
9.114 The proposal meets the requirements of the NPPF, and Core Strategy Policy EQ2 and emerging Local Plan policy HP2. The proposal has been designed to consider the significance of the heritage assets and in particular the WHS Buffer Zone.
9.115 Ecology, Trees and Landscape
9.116 Ecology – The Preliminary Ecological Appraisal (Brooks Ecological, September 2017) found that the majority of the site supports only habitats of low ecological value including improved neutral grassland and tall ruderal vegetation.
9.117 The hedgerows along the site boundaries were assessed as being of greater ecological value, although it found that the hedgerow varies in its character around the Site. The report concludes that the hedgerows should be retained and protected during development. The representations advise that Back Lane may represent a very old, feature of landscape and ecological
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importance. The Council’s ecologist considers that it qualifies as an “important hedge”.
9.118 The east and west boundary hedgerows will be maintained by the future plot owners. The hedgerow to Dishforth Road is to be maintained by the management company together with the southern section of hedgerow, which falls in part site ownership for the length of the amenity area.
9.119 The main concern is for the hedgerow along Back Lane and its future retention and maintenance. The applicants advise that the hedge is outside the site title ownership and a solid timber boundary treatment is proposed along the boundary.
9.120 The fence is to be retained with no gates or future opening up of the hedge. The introduction of the footpath link will provide connectivity to both ends of Back Lane, thus preventing the need for future links. This will necessitate a small link. Future maintenance of the hedge will be the responsibility of the current land owners, not future residents or the management company.
9.121 The Councils ecologist agrees that existing hedgerows can be retained within domestic curtilages, but those along Back Lane retained outside of the domestic curtilage of the houses, so that its retention and maintenance would then fall to the existing landowner.
9.122 Further survey work was required in relation to Great Crested Newts and bat activity. The Council’s ecologist has confirmed both species either have low likelihood of being on site or activity.
9.123 In accordance with Core Strategy Policy EQ2, emerging Local Plan policy NE3 and the NPPF, the measures for enhancement of the natural environment as part of the proposed development is acceptable. The impacts of the development are off-set through the design and layout and managed appropriately through the attachment of conditions.
9.124 Trees – Trees are located on the periphery of the site. One tree will be removed due to its condition on the southern boundary. There are no objections to this loss from the Councils Arboricultural officer. This proposal
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meets the requirements of ‘saved’ Local Plan policy HD13 and emerging Local Plan policy NE7.
9.125 Landscape – The landscape within and surrounding the site does not benefit from any national or local landscape designation. Nonetheless, Core Strategy Policy EQ2 seeks to protect, and where possible enhance, the landscape character of the whole district. ‘Saved’ Local Plan policy C2 has a requirement that development should protect existing landscape character.
9.126 Emerging Local Plan policy NE4 requires that proposals should protect, enhance or restore the landscape character of Harrogate district for its own intrinsic beauty and for its benefit to the economic, environmental and social well-being of the district. As with ‘saved’ Local Plan Policy C2, emerging policy NE4 also references the adopted landscape character areas as identified in the Harrogate District Landscape Character Assessment.
9.127 This site is greenfield development, and agricultural land, but is a draft allocated site and the requirements of Core Strategy Policies SG3, EQ2, ‘saved’ Local Plan policy C2 and emerging local plan policy NE4 and NE8 to protect landscape character and agricultural land is subject to the districts needs to plan for new development. The Council has considered this site as suitable for residential use.
9.128 A landscape scheme has been submitted, but superseded due to the layout, and it is considered more appropriate to secure this through condition to account for the alterations to the layout and subsequent requirements that may arise during construction.
9.129 The design has been subject to significant amendment following the initial submission. The discussion regarding he relocation of the public open space, and the layout have been subject to input too.
9.130 The main concerns outlined by the landscape officer are that the spaces between the dwellings and as such does not object to the proposed development on landscape grounds. The reduction in the number of dwellings now and the revised layout result in more gaps throughout the development.
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9.131 The proposed development would increase the amount of built form visible at the eastern settlement edge of Sharow. The proposed development would bring the village edge further to the east than is presently discerned, however it would be in the context of the existing village form. There are good setback distances from the norther and eastern edges. The proposed development can be accommodated, although there will be effects upon surrounding visual amenity due to the loss of the open field and introducing of housing.
9.132 There is a well-established high hedgerow on the eastern boundary which will be supplemented with planting where necessary. The impacts on the landscape pattern and character are outweighed as the site forms part of the planned growth for the district outlined within emerging local plan policy GS2 and the proposed layout now provides additional space and tree planting across the site following a reduction in the number of dwellings proposed.
9.133 The Councils Ecology, Arboriculture and Landscape officers have recommended conditions to protect retained vegetation, pre-commencement checks for birds, further assessment for bats, management of invasive flora and measures to ensure wildlife is protected. In addition, bio-diversity enhancement and landscape measures can be secured by condition.
9.134 Environmental Health
9.135 Land Contamination and Gypsum - The applicant has submitted a Geo- environmental appraisal and Ground stability report produced by Lithos ref 2103/1, to ensure that risks from land contamination to the future users of the land and neighboring land are minimized, 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. The Environmental Health officer has suggested conditions in this respect.
9.136 The site is in Ripon Gypsum Area C in the saved Local Plan (policy A7), where a ground stability report prepared by a ‘competent person’ will normally be required before proposals for buildings, or those relating to
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changes of use involving increased exposure of the public to a known risk of subsidence, can be determined.
9.137 A ground stability declaration form has been received, signed by a suitable Geotechnical specialist following the report. The findings of the report suggest that development on the site can be accommodated, with mitigation and can be provided without increasing risks elsewhere. The proposal therefore meets the requirements of ‘saved’ Local Plan Policy ‘A7’ and emerging Local Plan policy NE9.
9.138 Air Quality - National Planning Policy Framework, NPPF, (paragraph 35) states that developments should be located and designed where practical to incorporate facilities for charging plug-in and other ultra-low emission vehicles.
9.139 The Environmental Health officer has also advised that the inclusions of a condition for electric vehicle charging points in attached. This can be secured by conditions.
9.140 Noise – Noise needs to be considered when new developments may create additional noise and when new developments would be sensitive to the prevailing acoustic environment. It has been agreed that due to levels of road traffic noise enhanced glazing to habitable rooms and ventilation facing Dishforth Road will be required, and can be conditioned.
9.141 The activities on site during the preparatory and construction phases are likely to create noise and dust. In order to protect the residents in the surrounding area the Environmental Health officer has requested a condition restricting preparatory and construction work activities. Whilst all development has a temporary noise impact, such a condition is reasonable in the interests of surrounding residents and their living conditions.
9.142 The consequential environmental risk from vehicle usage, and the suitability of the site for a residential end use and surrounding residents can be secured through the attachment of conditions. The proposed development meets the requirements of Core Strategy Policy EQ1 and emerging Local Plan policies NE1, NE9 and the NPPF.
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9.143 Drainage and Flood Risk
9.144 Flood Risk - Flood risk of surface water flooding is a low risk from the information from the Environment Agency.
9.145 Drainage - A positive drainage system with outfall to a sewer is considered to be the only solution for surface water drainage for development. Yorkshire Water have identified that surface water can discarded to the sewer in Sharow Lane at a restricted rate, or to the public surface water sewer in Glebe Meadow. Storage can be contained within box culverts. Foul waste can discharge to the public foul sewer in Sharow Lane or the public foul sewer in Glebe Meadow.
9.146 Comments and conditions from Yorkshire Water, the Council’s drainage engineer and the LLFA provides confirmation that the approach to flood risk and site drainage would satisfactorily minimise the consequential risk from environmental damage from flooding in accordance with Core Strategy Policy EQ1 and emerging Local Plan policy NE2 and the requirements of the NPPF.
9.147 ECONOMIC SUSTAINABILITY
9.148 Economic Benefits
9.149 The development of new housing has some economic benefit through the provision of jobs and investment during the construction phase. Thereafter, there would be continuing investment in the region from future occupiers of the completed development.
9.150 Given the scale of the development, it is considered that the impacts on the economy of the district would be relatively modest. However, the economic benefits constitute a positive impact which should be given weight when assessing the scheme against the socio-economic strand of sustainability required within the NPPF.
10.0 PLANNING BALANCE & CONCLUSION
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10.1 The scheme will provide 60 new homes to the District, including 24 affordable homes. The site is a draft allocation and this now carries significant weight.
10.2 The proposed development would support the social objectives of sustainability within the NPPF and meet the requirements of the Council’s development plan policies – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well-being.
10.3 The proposed development would protect the natural, built and historic environment; and would make effective use of land. The development would, seek to enhance biodiversity and minimise pollution.
10.4 As this is a housing allocation, the proposed development would help to ensure that sufficient land is available in the right places and at the right time to support growth. This would meet the requirements of an economic objective within the NPPF.
10.5 The proposal fulfils the requirements of the council’s current development plan and emerging Local Plan policies. It is therefore recommended that permission be granted, subject to conditions and a legal agreement.
11.0 RECOMMENDATION
11.1 That the application be DEFERRED and APPROVED subject to conditions and a S106 Agreement.
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Reason for deferral:
To allow for the completion of a s106 Agreement to make provision for the following matters within 6 months of the date of the committee:
To Secure contributions and the provision and enhancement of public open space and its maintenance
To secure contributions towards maintenance or enhancement of village halls
To secure contributions towards Education Provision
To secure the provision of 40% affordable housing on site
To secure a Public Transport Contribution - £100.00 for each dwelling to be expended on public transport ticket initiatives
To secure up to £25,000 to be expended on cycle / pedestrian infrastructure
To secure a contribution for a Traffic Regulation Order for the closing of New Road, and any associated highway works required.
CONDITIONS
1 The development hereby permitted shall be begun on or before .
2 The development hereby permitted shall not be carried out otherwise than in strict accordance with the approved plans and recommendations in the documents listed below and the other conditions of this consent:
3820-PD-101 LOCATION PLAN SITE LAYOUT 3820/PD/100 REV K Sep 2019 HOUSE TYPE FRONT ELEVATIONS 3820/pd/105 Rev A AUGUST 2019 Asenby HBC 670sqft – SRH65/B/670/S/AS-OP 00 AUGUST 2019 Malham HBC 772sqft – SRH66/B/772/S/AS -OP 00 AUGUST 2019 Bedale HBC 937sqft- SRH67/B/937/S/AS/OP 00 AUGUST 2019 Rainton HBC 1089sqft- SRH68/BR/1089/S/AS-OP 00 AUGUST 2019 Nunnington 1109sqft – SRH11/B/1109/D/AS 00 AUGUST 2019 Studley 1167sqft- SRH10/B/1167/D/AS 00 AUGUST 2019 Bretton 1215sqft- SRH37/BR/1215/D/AS 00 AUGUST 2019 Fulwood 1457sqft- SRH42/B/1457/D/AS 00 AUGUST 2019
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Nostell 1500sqft- SRH02/S/1500/D/AS 00 AUGUST 2019 Ribston 1526sqft- SRH41/S/1526/D/AS 00 AUGUST 2019 Sandringham 1596sqft- SRH04/BR/1596/D/AS 00 AUGUST 2019 Shelley 1695sqft- SRH34/S/1695/D/AS 00 AUGUST 2019 Linton 1995sqft- SRH69/B/1995/D/AS 00 ELES AUGUST 2019 Linton 1995sqft – SRH69/B/1995/D/A/AS/PLANS 00 AUGUST 2019 Castleton 2100sqft- SRH62/S/2100/D/AS 00 AUGUST 2019 Detached Garages RH/B/D/DGSG Boundary Details 3820/PD/106 Sep 2019 Geophysical Survey Project No. GEO/1911/712 LITHOS Geoenvironmental Appraisal and Ground stability Report 2103/2 ARP Associated Flood Risk Assessment
3 Other than for the purposes of creating the temporary access no vehicles shall be allowed onto the construction site. Once created no vehicles shall access the site except via the approved temporary access as shown on Drawing Reference CAS/SKO1. The access shall be constructed in accordance with details approved in writing by the Local Planning Authority.
Any hedgerow removal to facilitate this access within will be subject to an ecological and bird nesting survey by an ecologist if to be undertaken within the Main bird nesting season. This survey shall be submitted to the Local Planning Authority.
Any damage to the existing adopted highway occurring during use of the access until the completion of all the permanent works shall be repaired immediately.
Before the development is first brought into use the highway verge/footway shall be fully reinstated in accordance with the scheme approved in writing by the Local Planning Authority.
4 No development shall commence (other than the temporary access works shown on plan ref CAS/SKO1) until a construction ecological management plan shall be submitted for the written agreement of the local planning authority prior to the start of works on site. The CEMP must include a scheme for the control of Himalayan balsam and a protocol for the protection of nesting birds and other species during site clearance, preparation and construction, including avoidance of hedgerow removal during the main birds
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nesting season (i.e. not March to August inclusively). The CEMP must be available onsite for consultation by site operatives throughout the course of construction works.
Once approved development shall be undertaken in accordance with the approved details during the course of construction.
5 A. No operations No development shall commence (other than the temporary access works shown on plan ref CAS/SKO1) shall commence on site or any development be commenced before the developer has implemented the report detail including root protection area (RPA) (as per JCA Tree Report dated March 2008) fencing in line with the requirements of British Standard BS 5837: 2012 (section 6.2.2 figure 2) Trees in Relation to Construction - Recommendations, or any subsequent amendments to that document, around the trees or shrubs or planting to be retained, as indicated on the approved plan and for the entire area as specified in accordance with BS 5837:2012. The developer shall maintain such fences until all development the subject of this permission is completed.
B. No operations No development shall commence (other than the temporary access works shown on plan ref CAS/SKO1) shall commence on site in connection with the development hereby approved (including any demolition work, soil moving, temporary access construction and/or widening or any operations involving the use of motorised vehicles or construction machinery) until the root protection area (RPA) works required by the approved tree protection scheme and ground protection detail (no dig) are in place. The level of the land within the fenced areas shall not be altered without the prior written consent of the Local Planning Authority.
6 No development No development shall commence (other than the temporary access works shown on plan ref CAS/SKO1) for any phase of the development shall take place until a Construction Method Statement for that phase has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period for the phase. The statement shall provide for the following in respect of the phase:
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i. Existing Road Condition survey ii. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development v. Precautions to be taken to prevent the deposit of mud, grit and dirt on public vi. highways by vehicles travelling to and from vii. wheel washing facilities viii. measures to control the emission of dust and dirt during construction x. HGV routing xi. Noise Management plan - incorporating details of any piling activities xii. Dust management plan xiii. A Timetable for construction work activities which should specify the hours of 08:00 and 18:00 Monday to Friday, 08:00 and 13:00 Saturdays and no working on Sundays and Statutory Holidays.
All approved measures must be implemented and adequately maintained or reviewed throughout the duration of the ground works and construction phase.
7 Development shall not commence (other than the temporary access works shown on plan ref CAS/SKO1) until a scheme detailing foul and surface water drainage has been submitted to and approved in writing by the Local Planning Authority. The scheme shall detail phasing of the development and phasing of drainage provision, where appropriate. Principles of sustainable urban drainage shall be employed wherever possible. The works shall be implemented in accordance with the approved phasing. No part or phase of the development shall be brought into use until the drainage works approved for that part or phase has been completed.
8 Development shall not commence (other than the temporary access works shown on plan ref CAS/SKO1) until a scheme restricting the rate of development flow runoff from the site has been submitted to and approved in writing by the Local Planning Authority.
The flowrate from the site shall be restricted to a maximum flowrate of 4 litres per second for up to the 1 in 100 year event. A 40% allowance shall be included for climate change effects and a further 10% for urban creep for the lifetime of the development. Storage shall be provided to accommodate the minimum 1 in 100 year plus climate change critical storm event. No part of the
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development shall be brought into use until the development flow restriction works comprising the approved scheme has been completed.
9 No development (other than the temporary access works shown on plan ref CAS/SKO1) shall take place until an appropriate Exceedance Flow Plan for the site has been submitted to and approved in writing by the Local Planning Authority. Site design must be such that when SuDS features fail or are exceeded, exceedance flows do not cause flooding of properties on or off site. This is achieved by designing suitable ground exceedance or flood pathways. Runoff must be completely contained within the drainage system (including areas designed to hold or convey water) for all events up to a 1 in 30 year event. The design of the site must ensure that flows resulting from rainfall in excess of a 1 in 100 year rainfall event are managed in exceedance routes that avoid risk to people and property both on and off site.
10 Construction in the relevant area (s) of the site shall not commence until measures to protect the 8" water main that is laid adjacent to the site boundary have been implemented in full accordance with details that have been submitted to and approved by the Local Planning Authority . No obstruction including landscape features shall be located over or within 5 metres of the centre line of the public water main that is laid within the site .
11 Other than the temporary access works shown on plan ref CAS/SKO1, there shall be no excavation or other ground works, 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:
A) Detailed engineering drawings to a scale of not less than 1:500 and based upon an accurate survey showing:
i. the proposed highway layout including the highway boundary ii. dimensions of any carriageway, cycle-way, footway, and verges iii visibility splays iv. the proposed buildings and site layout, including levels v. accesses and driveways vi. drainage and sewerage system vii. lining and signing
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viii. traffic calming measures ix. all types of surfacing (including tactiles), kerbing and edging.
B) Longitudinal sections to a scale of not less than 1:500 horizontal and not less than 1:50 vertical along the centre line of each proposed road showing:
i. the existing ground level ii. the proposed road channel and centre line levels iii. full details of surface water drainage proposals.
C) Full highway construction details including:
i. 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 ii. when requested cross sections at regular intervals along the proposed roads showing the existing and proposed ground levels iii. kerb and edging construction details iv. typical drainage construction details.
D) Details of the method and means of surface water disposal.
E) Details of all proposed street lighting.
F) Drawings for the proposed new roads and footways/footpaths giving all relevant dimensions for their setting out including reference dimensions to existing features.
G) Full working drawings for any structures which affect or form part of the highway network.
H) A programme for completing the works.
The development shall be implemented in accordance with approved drawings.
12 Other than the temporary access works shown on plan ref CAS/SKO1 there shall be no access or egress by any vehicles between the highway and the application site until full details of any measures required to prevent surface water from non-highway areas discharging on to the existing or proposed highway together with a programme for their implementation have been submitted to and approved in writing by the Local Planning Authority.
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The works shall be implemented in accordance with the approved details and programme.
13 There shall be no excavation or other ground works, 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. Provision of a speed table at the proposed access into the site to the satisfaction of the Local Highway Authority
b. The new Highway leading to New Road must be a minimum of 5.5 metres in width.
c. Provision of 2 rubber speed cushions at the southern exit on to the existing New Road to the satisfaction of the Local Highway Authority.
14 There shall be no access or egress by any vehicles between the highway and the application site (except for the purposes of constructing the initial site access) until splays are provided giving clear visibility of 2.4 metres x 56 metres measured along both channel lines of the major road. Once created, these visibility areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.
15 Prior to the construction of any dwelling the following information has been submitted to and approved in writing by the local planning authority:
A) A full site survey showing: the datum used to calibrate the site levels along all site boundaries, levels across the site at regular intervals, full details of the proposed finished floor levels of all buildings and hard surfaces.
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B) The development shall be carried out only in accordance with the approved details.
16 Prior to the construction of the dwellings and completion of the roads a detailed schedule and specification and samples of all external materials and finishes for walls, windows and external doors and roof coverings to be used on the building(s) and surface treatment for all the private drives and cul-de- sacs shall have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.
17 A) Details of the proposed boundary treatments including any gates, walls or fences shall be submitted to and approved in writing by the local planning authority prior to construction of the above ground works.
The approved boundary treatments shall be implemented prior to occupation of the buildings and retained in perpetuity.
18 A) A scheme of soft landscaping (including details of any trees or hedges to be retained and proposed plant numbers, species, location and size of trees) and details of the management and maintenance of the landscaping for a period of five years shall be submitted to and approved in writing by the local planning authority prior to the construction of the above ground works.
B) All planting, seeding or turfing shall be carried out in the first planting and seeding seasons following the completion of the development, in accordance with the approved scheme under part (A).
19 There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority .
20 The site shall be developed with separate systems of drainage for foul and surface water on and off site.
21 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
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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.
22 The development shall not be brought into use until the following highway works have been constructed in accordance with the details approved in writing by the Local Planning Authority
a. Provision of a satisfactory speed table at the proposed access into the site
b. The new Highway leading to New Road must be a minimum of 5.5 metres in width.
c. Provision of 2 satisfactory rubber speed cushions at the southern exit on to the existing New Road
23 A Biodiversity Enhancement and Management Plan must be submitted for the written agreement of the local planning authority prior to the first occupation of any of the dwellings. The scheme must include provision for native planting of boundary trees, shrubs and of wildflowers on site, the provision of integrated
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swift and bat bricks within at least 10% of new dwellings (for each of swifts and bats) and a wildlife sensitive lighting scheme.
24 Prior to the insertion of windows within the dwellings, details of acoustic mitigation based upon an upgraded glazing specification of 4mm/16mm/6mm for habitable rooms and a system 3 mechanical ventilation system and acoustic barrier protection to garden areas in the most exposed dwellings shall be submitted for the written approval of the Local Planning Authority. Once approved the development shall be constructed in accordance with the approved details, which shall be retained for the life of the development.
25 No dwelling to which this planning permission relates shall be occupied until the carriageway and any footway/footpath from which it gains access is constructed to basecourse macadam level and/or block paved and kerbed and connected to the existing highway network with street lighting installed and in operation.
The completion of all road works, including any phasing, shall be in accordance with a programme approved in writing with the Local Planning Authority before the first dwelling of the development is occupied.
26 Prior to the occupation of the dwellings a Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. This shall include:
i. the appointment of a travel co-ordinator ii. a partnership approach to influence travel behaviour iii. measures to encourage the use of alternative modes of transport other than the private car by persons associated with the site iv. provision of up-to-date details of public transport services v. continual appraisal of travel patterns and measures provided through the travel plan vi. improved safety for vulnerable road users vii. a reduction in all vehicle trips and mileage viii. a programme for the implementation of such measures and any proposed physical works ix. procedures for monitoring the uptake of such modes of transport and for providing evidence of compliance.
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The Travel Plan shall be implemented and the development shall thereafter be carried out and operated in accordance with the Travel Plan.
27 No dwelling shall be occupied until the related parking facilities have been constructed in accordance with the approved drawing site plan. Once created these parking areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.
28 Before the development is brought into use a scheme detailing the facility that will be provided for charging electric vehicles and other ultra-low emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The dwellings shall not be brought into use until the charging point is installed and operational with a mode 3 charging point and type 2 outlet socket; together with cable and circuitry ratings for the charging points shall be of adequate size to ensure a minimum continuous current demand of 16 Amps and a maximum demand of 32 Amps. Charging points installed shall be retained thereafter for the lifetime of the development.
29 Any trees or plants planted in accordance with the approved landscape plan which within a period of five years from the first occupation of the development die, are removed or become seriously damaged or diseased, shall be replaced by the developer in the next planting season with others of similar size and species.
30 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any subsequent Order, the garage(s) shall not be converted into a habitable room(s) without the express written approval of the Local Planning Authority.
31 If Hedgerow boundaries within residential properties approved die, are removed or become seriously damaged or diseased, they shall be replaced with others of similar size and species to be agreed with the Local Planning Authority and thereafter retained.
32 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re- enacting that Order with or without modification), no extensions, outbuildings
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roof extensions, roof lights, solar panels 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 on Plots 1- 14 and 64- 66 as shown on dwg. 3820/PD/100 Revision E
33 Notwithstanding the submitted details, the boundary treatment between plots 6 and 7 shall be submitted for the written approval of the local planning authority, and once approved the development shall be implemented in accordance with the approved scheme and retained for the life of the development.
Reasons for Conditions:-
1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990.
2 In order to ensure compliance with the approved drawings.
3 In the interests of both vehicle and pedestrian safety and the visual amenity of the area.
4 In the interests of ecological protection as required by Core Strategy Policy EQ2.
5 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.
6 To provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the living conditions of the neighbouring residents and in accordance with Core Strategy Policy SG4.
7 To ensure the provision of adequate and sustainable means of drainage in the
interests of amenity and flood risk.
8 To mitigate additional flood impact from the development proposals and ensure that flood risk is not increased elsewhere.
9 To prevent the increased risk of flooding and to ensure the future maintenance of the sustainable drainage system
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10 In order to protect public health and the public water supply
11 To secure an appropriate highway constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of highway users in accordance Core Strategy Policy SG4.
12 To ensure that the details are satisfactory in the interests of the safety and convenience of highway users in accordance with Core Strategy Policy SG4.
13 To ensure that the details are satisfactory in the interests of the safety and convenience of highway users in accordance with Core Strategy Policy SG4.
14 To ensure that the details are satisfactory in the interests of the safety and convenience of highway users in accordance with Core Strategy Policy SG4.
15 So that the Local Planning Authority can be satisfied as to the heights of the buildings in respect of the WH Buffer Zone in accordance with Core Strategy Policy EQ2.
16 So that the local planning authority may be satisfied as to the external appearance of the building(s) and to comply with Core Strategy Policy SG4.
17 To ensure that the boundary treatment is of adequate design in the interests of visual and residential amenity and to comply with Core Strategy Policy SG4.
18 In order that the local planning authority may be satisfied as to the details of the proposal in accordance with Core Strategy Policy SG4.
19 In the interests of satisfactory and sustainable drainage in accordance with Core Strategy Policy EQ1.
20 In the interests of satisfactory and sustainable drainage in accordance with Core Strategy Policy EQ1.
21 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
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and other offsite receptors in accordance with policies SG4 and EQ1 of the Harrogate District Core Strategy.
22 To ensure that the details are satisfactory in the interests of the safety and convenience of highway users in accordance with Core Strategy Policy SG4.
23 To provide opportunities for net gain for wildlife, in accordance with Core Strategy Policy EQ2.
24 In order to reduce the consequential risks to residents in accordance with Core Strategy Policy SG4 and EQ1.
25 To ensure safe and appropriate access and egress to the dwellings, in the interests of highway safety and the convenience of prospective residents in accordance with Core Strategy Policy SG4.
26 To provide for adequate and satisfactory provision of odd-street accommodation in the interests of safety and convenience of highway users in accordance with Core Strategy Policy SG4.
27 In order to reduce the consequential risks to the environment in accordance with Core Strategy Policy EQ1.
28 In order to reduce the consequential risks to the environment in accordance with Core Strategy Policy EQ1.
29 To establish measures to encourage more sustainable non-car modes of transport in accordance with Core Strategy Policy EQ1 and Policy TRA3.
30 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 of the development in accordance with Policy SG4
31 To ensure that the boundary treatment is of adequate design in the interests of visual and residential amenity and to comply with Core Strategy Policy SG4.
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32 In order to protect the Historic Environment in accordance with Core Strategy Policy SG4 and EQ2.
33 In the interest of social and residential amenity in accordance with Core Strategy Policy SG4.
In the event of any changes being needed to the wording of the Committee's decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Chief Planner has delegated authority to do so in consultation with the Chairman of the Planning Committee, provided that the changes do not exceed the substantive nature of the Committee's decision.
Case Officer: Kate Williams Expiry Date: 18 May 2019
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