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Land Comprising OS Field 5419 Galphay Road Kirkby Malzeard North Yorkshire

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Land Comprising OS Field 5419 Galphay Road Kirkby Malzeard North Yorkshire Application No. 17/05482/OUT Item 07 Location: Land Comprising OS Field 5419 Galphay Road Kirkby Malzeard North Yorkshire Proposal: Outline application for the erection of 2 no. dwellings with access considered. Applicant: Mr & Mrs M Atkinson Access to the case file on Public Access can be found here:- View here Reason for report: This application is to be presented to the Planning Committee because the applicat is Councillor Atkinson SUMMARY The application site comprises an agricultural field outside of the village confines of Kirkby Malzeard. The proposal represents the expansion of Kirkby Malzeard into the open countryside in a way which would be detrimental to the protected landscape of the Nidderdale Area of Outstanding Natural Beauty. The modest contribution that two dwellings would make to the Council’s annual target of 669 dwellings per annum would not outweigh the significant and demonstrable adverse impact the development would have on the landscape character and natural beauty of the countryside. RECOMMENDATION: Refuse 1 2 3 1.0 SITE DESCRIPTION 1.1 The application site comprises a field on the eastern side of Galphay Road opposite the dwelling called ‘Parkfield’. The site has historically been used for the grazing of livestock. 1.2 The western boundary of the site is with Galphay Road and comprises a stone wall approximately 1.0 m high. To the north, work has commenced on the construction of two dwellings that were granted planning permission in 2017. The eastern end of the site includes a small woodland which is protect by Tree Preservation Order No 22/2006, which enclose a small single storey building. An existing access from Galphay Road into the site exists and the proposal would reuse this access point to serve the two dwellings proposed. 1.3 The south boundary is a post and wire fence that separates the application site from an agricultural field. The land is generally level but does slope away in the north east corner. The landscape to the east is relatively open with distant views over the Vale of Mowbray. 1.4 Planning permission has recently been granted for housing on the western side of Galphay Road, although at the time of writing work has not commenced on those sites. 2.0 PROPOSAL 2.1 The proposal is in outline for the erection of two dwellings with access considered. The site is 0.3 hectares (0.86 acres). 3.0 APPLICANT'S SUPPORTING INFORMATION Biodiversity check list Contaminated land assessment 4.0 RELEVANT HISTORY 4.1 05/01221/OUT - Outline application for removal of existing static caravan and erection of 1 dwelling. (Site area 0.07ha) 23.11.2009 WITHDRAWN 4.2 06/00998/FUL- Erection of 1 detached dwelling and installation of new package treatment plant (site area 0.085ha). REFUSED 26.04.2006. Reasons for refusal: The siting of the proposed dwelling is outside the development limit for Kirkby Malzeard in the open countryside. There is inadequate special justification for a dwelling in the particular location and consequently the development would be contrary to North Yorkshire structure plan Policy H5, 4 Harrogate District Local Plan Policy H7 and Kirkby Malzeard village design statement policies SPC2 and SPC3. The proposed siting and design including the vehicular access and extent of parking does not reflect the character of traditional buildings in the locality; is not adjacent to an existing group of buildings or significant trees; is not in an inconspicuous location; is not accompanied by an integral landscaping scheme; and would seriously and adversely harm the character of the area and the natural beauty of the Nidderdale AONB and consequently the development would be contrary to North Yorkshire County Structure Plan policy E1 and Harrogate District Local Plan Policies C1,C2, C11, C15, HD20, A1, H18 and the Kirkby Malzeard village design statement policy BD1. 4.3 06/02920/REM - Reserved matters application under outline permission 6.24.132.A.OUT for the erection of 1 detached dwelling to replace static caravan and installation of package treatment plant with siting, design, external appearance and landscaping considered (site area 0.072ha). WITHDRAWN 26.06.2006 4.4 06/04197/REM - Reserved matters application under outline permission 6.24.132.A.OUT for the removal of static caravan and erection of I detached dwelling with siting, access, design, external appearance and landscaping considered (revised scheme)(site area 0.06ha). After Judicial Review the High Court quashed the decision of Harrogate Borough Council to grant planning permission. 4.5 08/02107/REM - Reserved matters application under outline permission 614.132.A.OUT for the removal of static caravan and erection of 1 detached dwelling with siting, access, design, external appearance and landscaping considered (revised scheme)(site area 0.06ha). After Judicial Review the High Court quashed the decision of Harrogate Borough Council to grant planning permission. 4.6 15/04098/OUT - Outline application for erection of 2 dwellings with access considered (Site Area 0.09ha). WITHDRAWN 10.05.2016 5.0 NATIONAL & LOCAL POLICY 5.1 National Planning Policy 5.2 The National Planning Policy Framework March 2012 (NPPF) sets out the Government’s planning policies for England and how these are expected to be applied. Planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The 5 National Planning Policy Framework is a material consideration in planning decisions. 5.3 At the heart of the NPPF is a presumption in favour of sustainable development. 5.4 Core Strategy 5.5 Policy SG4 Settlement Growth: Design and Impact 5.6 Policy EQ2 The natural and built environment and green belt 5.7 Harrogate District Local Plan (2001, As Altered 2004) 5.8 Policy HD20 Design of New Development and Redevelopment 5.9 Policy C1 Conservation of Nidderdale A.O.N.B 5.10 Supplementary Planning Documents 5.11 Landscape Character Assessment of Harrogate District (2004) 5.12 Kirkby Malzeard Village Design Statement (2002) 5.13 Other material policy considerations: 5.14 National Planning Practice Guidance 6.0 CONSULTATIONS 6.1 NYCC Highways and Transportation: No objection subject to conditions including sight lines to give clear visibility of 2.4m x 43m measured along both channel lines of Galphay Road. 6.2 Yorkshire Water: No objection subject to conditions requiring separate systems of drainage for foul and surface water on and off site and No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall, other than the existing local public sewerage, for surface water have been completed. 6.3 Natural England: no objection and don’t make any site specific comments. 6.4 HBC Assistant Arboriculture Manager: No objection but a tree survey is required as part of any future reserved matters application. 6.5 HBC Environmental Protection: no objection subject to conditions relating to land contamination and the provision of electric vehicle charging points. 7.0 VIEWS OF THE PARISH COUNCIL 6 7.1 Kirkby Malzeard, Laverton and Dallowgill Parish Council does not object to, nor support the application but wishes to make comments or seek safeguards: Given the narrow width and busy nature of Galphay Road we already have general concerns about the safety of road users and pedestrians in this locality. It should be ensured that all appropriate design features, such as visability splays, recommended by Highways, be incorporated to minimise the risk of accidents. Permission has been granted recently for three other developments on land in the vicinity of ‘Parkfield’, one of 4 houses, one of two houses and one single plot. We ask that this fourth site be totalled with those for the purpose of assessing commuted sums and also for calculating the provision of ‘affordable’ housing. To this end it is felt that this site should be used exclusively for ‘affordable’ properties to let or buy under a shared ownership scheme or similar, as there is a clear need for this type of housing within the community. 8.0 OTHER REPRESENTATIONS 8.1 One letter of representation received objecting to the proposal are summarised as follows: - There has already been outline planning given for 7 other houses on the land around Parkfields. Creeping development of buildings at this edge-of-village, green field area. This area is outside the Kirkby Malzeard Village Design Statement boundary. SPC2- Village boundaries should not be extended further. The proposal will result in further loss of open space and wildlife habitat. There is a possibility that 33-47 houses will be built at the other end of the village. Planning permission was recently refused for a near-by site (17/04495/OUT) as "the proposed development would have a detrimental impact on the landscape character of the AONB due to loss of open space. Also a detrimental impact on the ecology." I do not see the need for further development along Galphay Road given that 7 other houses are going to be built here. 8.2 The full versions of the representations received can be viewed in full by looking at the details of the application on the Council’s website. 9.0 ASSESSMENT 7 9.1 The main issues in the consideration of this application are as follows: - . Housing Land supply . Nidderdale Area of Outstanding Natural Beauty . Highways . Trees 9.2 Sustainability 9.3 Sustainability is the golden thread running through the National Planning Policy Framework, and proposals for sustainable development should be approved without delay. There are three strands to sustainability, social, economic and environmental. 9.4 SOCIAL SUSTAINABILITY 9.5 Housing Land Supply 9.6 The Housing and Economic Development Needs Assessment (HEDNA) has been prepared to form part of the evidence base for the Harrogate District Local Plan.(1) The HEDNA provides a consistent, objective assessment of need for housing (and employment floorspace) over the period to 2035.
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