HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 16 August 2016
PLAN: 02 CASE NUMBER: 16/01445/OUT GRID REF: EAST 438997 NORTH 465508 APPLICATION NO. 6.64.77.K.OUT DATE MADE VALID: 19.04.2016 TARGET DATE: 14.06.2016 REVISED TARGET: 30.09.2016 CASE OFFICER: Mr Andy Hough WARD: Claro
VIEW PLANS AT: http://uniformonline.harrogate.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=O5GQZWHY09W00
APPLICANT: John Moran And Sons (Grimsby) Ltd
AGENT: Mr R Barnes
PROPOSAL: Outline application for the erection of 4 dwellings with access, appearance, layout and scale considered (Site Area 0.2 ha).
LOCATION: Ashdown Park Minskip Road Boroughbridge York North Yorkshire YO51 9HY
REPORT
SITE AND PROPOSAL
The application site is located at Ashdown Park, Minskip and forms part of a larger site that is currently occupied by a range of former agricultural buildings that are located to the rear of residential properties fronting Minskip Road.
The site forms part of the former Bell Close Farm complex that has previously been used as a pig unit and haulage yard. The site benefits from two existing access points onto Minskip Road. There is a single width access point to the immediate east, which is located between the residential properties known as The Ferns and the Gables. This access joins Minskip Road on the small cul de sac spur road. The second access is located to the south and serves the adjacent dwelling known as Ashdown Lodge and the Ashdown Park residential Lodge site.
The buildings situated on site are arranged in a courtyard and consist of 4 distinct units. These comprise two larger block and timber clad buildings to the northern and western boundary (constructed with cement fibre sheet roof). The northern building is for the most part open fronted. A smaller open sided profile sheet unit forms the southern boundary with a smaller timber clad unit to the east.
Outline planning consent for three dwellings was granted for the redevelopment of the western portion of the site under planning application reference No. 15/01590/OUT (see site history) on 22 July 2015. The earlier consent approved three dwellings with access, appearance, layout and scale considered. This application seeks outline consent for the residual part of the site.
The applicants seek outline planning approval for the erection of 4 dwellings, with details of access, appearance, layout and scale considered.
Access to the site is to be gained utilising the wider and more substantial access to the south, which is shared with the dwelling known as Ashdown Lodge and the residential Lodge Park. The park originally received consent in 2005 under application reference No. 6.64.74.S.COUMAJ (05/05348/COUMAJ) subject to a condition limiting the number of static caravans to 18. A second consent was granted the following year under 06/02755/COUMAJ for the siting of 31 chalets and 1 site hut. More recently planning consent was granted under 14/03144/DVCMJ and 15/04424/DVCMAJ to allow permanent residential occupation of the 31 chalets.
The proposed access will serve four new dwellings that are to be arranged in a small cul de sac with each unit having a private drive serving a detached garage. The dwellings have been designed to be of two storey construction, with all four units providing three bedroom accommodation, utilising two different house types. House type A, the larger of the two house types proposed, is to be constructed with a roof ridge height of approximately 7.75m and an external footprint of some 90sqm. House Type B has a roof ridge height of 7.5m and an external footprint of 54 sqm. The applicants indicate that the dwellings would be of brick construction under a slate roof.
The application is supported with a ground contamination survey, Ecological survey and a Design and Access Statement.
MAIN ISSUES (1) Land Use/Principle (2) Affordable Housing / Housing Mix (3) Highway Safety (4) Residential Amenity (5) Visual Amenity (6) Other Matters
RELEVANT SITE HISTORY
10/03839/FULMAJ Change of use of agricultural buildings to form industrial units (Use Class B1 Business) and (Use Class B8- storage or Distribution) to include alterations to buildings: REFUSED 08.11.2010
10/05320/FUL - Change of use of agricultural buildings to form industrial units (Use Class B1 Business) and (Use Class B8- storage or Distribution) to include alterations to buildings: PERMITTED 24.01.2011 The first application for commercial use was submitted seeking consent on the entire existing farm site and utilised some of the more dilapidated buildings, but was refused consent in part due to the condition of the buildings and close proximity to the residential units to the east. The second application sought consent for the change of use of the large building to the west of the current site and the smaller unit to the southern boundary. This latter consent has now lapsed and was not implemented.
15/01590/OUT Outline application for the erection of 3 dwellings with access, appearance, layout and scale considered. (Site area 0.17ha). PERMITTED 22.07.2015.
CONSULTATIONS/NOTIFICATIONS
Parish Council Boroughbridge Town Council
Yorkshire Water On the Statutory Sewer Maps, there is a small diameter public sewer recorded within the site, Yorkshire Water Services would look for this matter to be controlled under the requirements of the Building Regulations.
Principal Ecologist Comments are awaited
EHO Contaminated Land No objection subject to a condition securing further ground contamination details.
Concern regarding potential noise from major transport routes to future occupiers and recommend that in order to establish suitable noise mitigation measures an acoustic report should be prepared to : i) Determine the existing noise climate
(ii) Predict the noise climate in gardens (daytime), bedrooms (night-time) and other habitable rooms of the development
(iii) Detail attenuation/design necessary to protect the amenity of the occupants of the new residences (including ventilation if required).
NYCC Highways And Transportation No comments received
Housing Department This site falls under Policy H5 (affordable housing required on sites over 3 units or 0.1ha), and if deemed suitable for development (by the planning department) we would require 40% as affordable housing (2 of the homes), subject to financial viability.
It also seems that the scheme forms part of a wider site which has gained planning permission for 3 homes previously, if this is deemed so, then Policy H5 will apply to the site in its entirety, and the 40% calculation will be carried out on all 7 units which equates to 3 of the planned houses on this scheme being affordable.
The SHMA 2015 identifies a need for 313 affordable units per annum in the Harrogate District. Priority for the affordable homes will be given to those with a local connection to the Boroughbridge sub area. Below are our size requirements for affordable homes:
1 bedroom house - 60sqm 2 bedroom house - 70sqm 3 bedroom house - 85sqm 4 bedroom house - 100sqm
The proposals make no provision for affordable housing and are therefore contrary to Policy H5.
Swale And Ure Drainage Board (Includes Claro) Surface Water drainage to sewer will require the consent of Yorkshire Water and should be restricted to 1.4 litres per second per hectare in all storm conditions.
However, a practical minimum discharge for blockage free maintenance is around 5 litres per second and this is acceptable as a de-minimus value. I would request a condition be attached to this effect.
DCS - Open Space Comments are awaited
DCS Arboricultural Officer There is a mature oak tree adjacent to Plot 1. Protection of the tree will be required during development of the site. Development within its canopy spread should be avoided. A controlling condition will need to be applied.
RELEVANT PLANNING POLICY NPPF National Planning Policy Framework CSSG1 Core Strategy Policy SG1 Settlement Growth: Housing Distribution CSSG2 Core Strategy Policy SG2 Settlement Growth: Hierarchy and limits CSSG3 Core Strategy Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt CSSG4 Core Strategy Policy SG4 Settlement Growth: Design and Impact CSC1 Core Strategy Policy C1: Inclusive communities CSEQ1 Core Strategy Policy EQ1: Reducing risks to the environment CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt CSTRA1 Core Strategy Policy TRA1: Accessibility CSTRA2 Core Strategy Policy TRA2: Transport infrastructure CSTRA3 Core Strategy Policy TRA3: Travel management LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPHD13 Harrogate District Local Plan (2001, as altered 2004) Policy HD13, Trees and Woodlands LPH05 Harrogate District Local Plan (2001, as altered 2004) Policy H5, Affordable Housing CSC1 Core Strategy Policy C1: Inclusive communities SPGRES Supplementary Planning Guidance, Residential Design Guide SPDHSE Supplementary Planning Document: House Extensions and Garages Design Guide
APPLICATION PUBLICITY SITE NOTICE EXPIRY: 27.05.2016 PRESS NOTICE EXPIRY:
REPRESENTATIONS BOROUGHBRIDGE TOWN COUNCIL: No objections
OTHER REPRESENTATIONS One letter of representation received objecting to the development on the following grounds:
We note that the application submitted on behalf of John Moran & Sons (Grimsby) Limited proposes to access the development site over an access road which is within our title. We also note that the previous application for the adjoining site under reference 15/01590/OUT was granted on the basis that access to that site would be along our land.
We would advise you that there are no rights of way benefitting either development sites registered against our title. The only recorded right over the access road is in favour of the farmland lying to the rear of the development sites.
We therefore confirm that we object to the current proposal on the basis that there is no legal access to the site over our land. We do not propose to grant any rights and have not been approached by either developer in respect of the same.
VOLUNTARY NEIGHBOUR NOTIFICATION
ASSESSMENT OF MAIN ISSUES
(1) LAND USE/PRINCIPLE Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that the application should be determined in accordance with the development plan unless material planning considerations indicate otherwise.
The 2009 adopted Harrogate District Core Strategy and the Saved Policies of the Harrogate District Local Plan (2001) form the statutory development plan.
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 National Planning Policy Framework is a material consideration in planning decisions.
The NPPF requires that housing applications are considered in the context of the presumption in favour of sustainable development and goes on to note that 'relevant policies for the supply of housing should not be considered up to date if the local planning authority cannot demonstrate a five year supply of deliverable housing sites'.
In line with national planning policy, the Council is seeking to increase the supply of housing whilst ensuring a high quality of design. Paragraph 58 of the National Planning Policy Framework seeks to achieve this through a number of measures including the requirement to ensure that developments optimise the potential of sites to accommodate development. In line with this, proposals for new housing development should seek to ensure that scheme layouts utilise land efficiently.
The Council’s Strategic Housing Market Assessment (SHMA), published June 2016, provides information on objectively assessed housing need. This indicates an annual requirement of 557 dwellings over the period 2014-2035. An updated housing supply position to reflect the SHMA requirement has concluded that there is a 5.5 year supply of housing land, including a 20% buffer.
As the Council can demonstrate a 5 year supply of sites, the automatic application of paragraph 14 of the Framework that ‘permission should be granted unless to do so would result in significant and demonstrable adverse effects’ does not apply.
However, although the Council can demonstrate a 5 year supply of housing sites, it is important that it is maintained through granting of planning permission for residential development, particularly in the main towns and villages throughout the district. The 5 year land supply position is not static and changes over time as developments are completed and permissions granted.
The thrust of Local Policy is to steer the majority of new residential development towards the District’s main towns and larger settlements, with priority towards the re-use and redevelopment of previously developed land.
The site is located outside the main built-up form of both Boroughbridge and the neighbouring village of Minskip, but is located within a small ribbon of both residential /commercial premises located to the western side of the A1 (M) motorway to the south side of the Town. The site is bound by residential properties to both the north, south and east with a consented residential scheme to the west. The site is located within walking distance of the nearby Morrison's Supermarket in Boroughbridge (less than 400m away) and attendant services.
In this respect it is considered that the development of this brownfield site (the site has been used as a haulage yard, in addition to agricultural use) site is well located to the existing settlement, representing small scale rounding off in this location. The development will not encroach into the surrounding countryside and is considered to occupy a relatively sustainable location given the site’s proximity to Boroughbridge.
(2) AFFORDABLE HOUSING/HOUSING MIX
AFFORDABLE HOUSING
The scheme proposes the provision of 4 houses and would require an element of affordable housing under the provisions of Policy H5 of the Local Plan. In accordance with Policy H5, such provision should be at no less than 40% provision unless financial viability indicates otherwise (HBC Planning Guidance: Negotiating Affordable Housing Contributions: November 2015). On this basis, the scheme would require two affordable homes.
There are however specific circumstances where contributions for affordable housing and tariff style planning obligations (section 106 planning obligations) should not be sought from small scale and self-build development. This follows the order of the Court of Appeal dated 13 May 2016, which give legal effect to the policy set out in the Written Ministerial Statement of 28 November 2014 and should be taken into account. These circumstances are that;
• contributions should not be sought from developments of 10-units or less, and which have a maximum combined gross floorspace of no more than 1000sqm
• in designated rural areas, local planning authorities may choose to apply a lower threshold of 5-units or less. No affordable housing or tariff-style contributions should then be sought from these developments. In addition, in a rural area where the lower 5-unit or less threshold is applied, affordable housing and tariff style contributions should be sought from developments of between 6 and 10-units in the form of cash payments, which are commuted until after completion of units within the development.
The purpose for these changes is to lower the construction cost and increase housing supply. The Government believes that this will encourage development on smaller brownfield sites and boost small and medium sized developments. For Harrogate Borough Council, the development plan currently consists of the saved policies within the adopted Local Plan. This policy sets the thresholds for the previously sought contributions towards public open space. The implications of the changes to National Planning Policy Guidance and the High Court Challenge therefore impact on future planning decisions on windfall sites of less than 10 units.
The Local Plan policy is a material planning consideration along with national planning guidance. The National Planning Policy Framework (NPPF) and National Planning Policy Guidance (NPPG) provide the national policy framework and guidance for consideration of applications. These all must be considered, as a material consideration, when each planning application is assessed. If the Council was to disregard current national planning guidance and make a decision contrary to that guidance it is at risk of unreasonable behaviour. Harrogate Borough Council cannot ‘opt out’ of Government policy without associated risks. Harrogate Borough Council should continue to consider applications in accordance with all appropriate policies, national guidance, and on their relative merits, in accordance with planning law and Members are guided that in instances like this, where a conflict exists between the Local Plan policy and the National Planning Policy Guidance, it would be unreasonable to require contributions towards public open space, or outdoor open space and in this instance any affordable housing requirement.
The comments of the Housing Officer have been noted in respect of the adjacent site approved under 15/01590/OUT, this site was approved under amended affordable housing guidance at that time i.e. the site was located within a rural area and did not generate five or more units and did not have a floor area in excess of 1000sqmetres, so at the time there was no need for any affordable units on that development proposal. The Council’s Planning Guidance contained within Negotiating Affordable Housing Contributions: Published November 2015 expands upon that already provided in the National Planning Policy Framework (NPPF) and the reasoned justification to saved Policy H5 of the Harrogate District Local Plan (HDLP). The aim of this guidance is to provide a consistent and clear approach to the delivery of affordable housing across the District. This guidance replaces the Affordable Housing Planning Guidance which was published by the Council in May 2007 and was approved for use by the council’s Cabinet Member for Planning and Sustainable Transport on 25 November 2015.
The Guidance identifies that the affordable housing target will be applied to the number of homes on the composite site or naturally defined area. Planning applications for development which forms part of a more substantial proposed development, on the same or adjoining land will be treated as an application for the whole development. This also applies if the development is proposed in phases, with later phases having to fulfil affordable housing requirements from previous phases, if this has not been adequately provided for.
The site in conjunction with the adjacent extant consent approved under 15/01590/OUT provides seven units in total, and as such having regard to the Court of Appeal decision, then a commuted sum towards affordable housing would be required.
The applicants have been requested to provide details of ownership of the two sites, as it could be argued the circumstances, which have changed dramatically in policy terms during the course of the current application, may mean the site has become separated by ownership (the earlier application was submitted under a differing applicant, than the current scheme). In the absence of such evidence it is considered a S106 agreement would be required to secure the commuted sum generated towards affordable housing in this instance.
HOUSING MIX
According to the NPPF (Paragraph 50) local planning authorities should plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community, such as families with children, older people and people with disabilities.
On 15 July 2015, the Council approved an interim policy on Housing Mix. However, a legal challenge meant that the Council will not be relying on this interim policy in respect of the determination of applications so far as housing mix is concerned.
However, the Council has a responsibility in discharging its planning responsibilities to create sustainable, inclusive and mixed communities; meeting housing needs of the District in line with the requirements set out in NPPF. In order to achieve this, the Council will seek to secure, through negotiation, an appropriate mix of dwelling sizes on site. In coming to a conclusion on this, evidence on the requirements for different sizes of homes set out in the 2015 document Strategic Housing Market Analysis (SHMA) will be an important material consideration.
Based on the evidence in the SHMA the Council will expect the focus of new market housing to be on the provision of two and three bedroom properties. Where a proposal represents a significant departure from this, applicants will be expected to provide strong, substantiated evidence to justify this. In this instance, although submitted as an outline application, the applicant is seeking appearance, layout and scale as part of the submission. The scheme as submitted provides 4 No. three bedroom units and as such is considered consistent with the requirements of the SHMA and NPPF in helping meet the greatest need for this type of unit across the district.
(3) HIGHWAY SAFETY
The Harrogate District Local Development Framework Core Strategy Policy SG4 requires the travel impact of any scheme should not add significantly to any pre-existing problems of access, road safety or traffic flow and should have been fully addressed in accordance with the transport policies of the Core Strategy.
The transport policies so far as they relate to the scale of development proposed, seek to ensure that development is accessible to key services and facilities and a range of transport modes. The general proximity to Boroughbridge ensures that the development of the site would meet these aims.
The proposed development will represent the construction of an additional four residential units utilising the existing access drive. The drive is already shared with Ashdown Lodge and the residential chalets located at Ashdown Park. Under the approved chalet development up to 31 chalets could use the access drive as permanent units of occupation. The park is not fully occupied and only a handful of chalets are currently present on the site. It is considered that the addition of four further dwellings would not cause significant harm to the use of the access drive in terms of road safety.
The comments of the Highway Authority are awaited on the scheme.
(4) RESIDENTIAL AMENITY
Although the application is submitted in outline form, the applicants are seeking consent for external appearance and the proposed layout to be considered as part of the submission.
Core Strategy Policy SG4 and the saved Harrogate District Local Plan Policy HD20 seek to ensure that amongst other criteria that the residential amenity is protected and wherever possible enhanced.
The units are set some 70m from the existing residential units situated on Minskip Road to the east of the site. The consented outline application to the west is set some 25m away.
The amenity distances are in excess of that recommended with the Supplementary Planning Document ‘House Extension and Garage Design Guide’. Whilst this document is primarily aimed at House Extensions the guidance relating to amenity distances is equally applicable to new build development.
Bell Wood House to the north of the site and Ashdown Lodge to the south are set sufficient distance away, so as to ensure that there is no overlooking impact.
(5) VISUAL AMENITY Policy SG4 (Design & Impact) of the Core Strategy states that all development proposals in the District should be well integrated with, and complementary to, neighbouring buildings and the spatial qualities of the local area. In addition, development is required to be appropriate to the form and character of the settlement and landscape character.
The site is a back land site that is bound on three sides by existing development, with an extant consent for three dwellings to the west. The site has no road frontage but in that respect is not dissimilar to the residential units to both the immediate north and south of the site. In depth development is a characteristic of the locality and as such the development of this plot, which is bound by both existing residential units and an extant consent to the west, would not be out of keeping with the locality.
(6) OTHER MATTERS
Policy HD13 of the Local Plan seeks to ensure that trees which contribute to the character of a settlement are retained.
In this instance, there is a mature Oak tree to the south east corner of the plot. The tree undoubtedly contributes to the immediate setting, but is not widely visible or important to the character or setting of the village itself.
The arboricultural officer has advised that there should be no development under the tree canopy and that this may require amendment to Plot 1.
The scheme is submitted in outline form with layout and external appearance considered. The applicant has submitted revised details indicating the extent of the tree canopy and it is noted that the garage to plot 1 would still be partly under the canopy. Given that the development of the plot would be acceptable in all other respects , it is considered that a controlling condition could be attached to allow micro –siting of the plot, to avoid development under the tree canopy, together with the imposition of the controlling conditions as recommended by the arboricultural officer.
The Chief Environmental Health Officer (CEHO) has recommended the imposition of a condition to secure ground contamination investigation is undertaken at the site. The CEHO also raises concern regarding potential elevated noise levels from nearby transport routes and advises that the applicant obtains an acoustic report by a suitably competent person.
The issue of rights of access and land ownership raised by the objector has been forwarded to the applicant for information purposes.
CONCLUSION
Although the Council can demonstrate a five year supply of housing sites, the position is not static and it is important that supply is maintained. Whilst the proposed scheme lies outside the main built form of Boroughbridge and is therefore classified as countryside where, under policy SG3 of the adopted Core Strategy, there is strict control over development; the maintenance of the supply is material to the consideration of this application.
The scheme would not adversely impact upon the existing form and character of the development in the immediate locality, or upon the amenity of the occupiers of adjacent property.
In light of the benefits that would come from the delivery of new housing in maintaining the Council’s 5 year supply of deliverable sites and the absence of any significant harm caused by the proposal then permission should be granted.
CASE OFFICER: Mr Andy Hough
RECOMMENDATION
That the application be DEFERRED and the CP be authorised to APPROVE the application subject to the following conditions and such amendments to these conditions and other conditions CP considers to be necessary. REASON FOR DEFERRAL:
0 For the Chief Planner to approve the application subject to the completion of a S106 agreement to secure a financial contribution towards affordable housing provision.
1 No development shall take place without the prior written approval of the Local Planning Authority of all details of the following reserved matters -
(a) landscaping.
Thereafter the development shall not be carried out otherwise than in strict accordance with the approved details.
2 Application for approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission. The development hereby permitted shall be begun on or before the expiration of two years from the final approval of reserved matters or in the case of approval on different dates, the final approval of the last such matter to be approved.
3 Notwithstanding the submitted details the garage to Plot 1 shall be resited so as to avoid the tree canopy of the retained Oak Tree that is located to the south eastern corner of the plot and as indicated on the revised Location Plan F plan drawing 2851/115C Revision C unless arboricultural justification is provided and agreed in writing by the Local Planning Authority that the garage can be sited without detriment to future health of the retained tree.
4 The development approved by this outline planning permission is constrained to the parameters described in the design and access statement submitted with the application and any future decisions of the local planning authority relating to this outline permission will be consistent with the statement, unless material considerations justify a departure from the statement.
5 The development hereby approved shall be carried out in accordance with the submitted details as amended by condition and the following approved plans : Proposed Location Plan F Drawing No 2851/115C Revision C Proposed Layout and access Drawing No 2851/__5 Revision A House Type A Elevations Drawing No 2851/113 House Type A Floor Plans Drawing no 2851/112 House Type B Plan and Elevation Drawing No 2851/114
6 Samples of the materials it is intended to be used externally in the construction of the roof and walls of the development hereby approved, shall be submitted for the written approval of the Local Planning Authority and the external walling shall not be started before any such approval. Thereafter the approved materials shall be implemented.
7 Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works, or the depositing of material on the site until the access to the site have been set out and constructed in accordance with the published Specification of the Highway Authority and the following requirements:
(ii)(b) The existing access shall be improved by tarmacing the existing access road for 8 metres behind the existing footway.
(vi) The final surfacing of any private access within 8 metres of the public highway shall not contain any loose material that is capable of being drawn on to the existing or proposed public highway.
INFORMATIVE You are advised that a separate license will be required from the Highway Authority in order to allow any works in the adopted highway to be carried out. The 'Specification for Housing and Industrial Estate Roads and Private Street Works' published by North Yorkshire County Council, the Highway Authority, is available at the County Council's offices. The local office of the Highway Authority will also be pleased to provide the detailed constructional specification referred to in this condition.
8 Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works, or the depositing of material on the site in connection with the construction of the access road or building(s) or other works hereby permitted until full details of the following have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority:
(ii) vehicular, cycle, and pedestrian accesses (iii) vehicular and cycle parking (iv) vehicular turning arrangements (v) manoeuvring arrangements (vi) loading and unloading arrangements.
INFORMATIVE
The proposals shall cater for all types of vehicles that will use the site. The parking standards are set out in the North Yorkshire County Council publication 'Transport Issues and Development - A Guide' available at www.northyorks.gov.uk 9 Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until sections A to D have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until section 4 has been complied with in relation to that contamination.
A. SITE CHARACTERISATION An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to: * human health, * property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, * adjoining land, * groundwaters and surface waters * ecological systems * archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.
B. SUBMISSION OF REMEDIATION SCHEME A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
C. IMPLEMENTATION OF APPROVED REMEDIATION SCHEME The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise approved in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.
D. REPORTING OF UNEXPECTED CONTAMINATION In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirement of section 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of section 2, which is subject to the approval in writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with section 3.
Reasons for Conditions:-
1 To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters. 2 To ensure compliance with sections 91-94 of the Town and Country Planning Act 1990 3 In the interests of visual amenity and to safeguard the future and health of the retained tree. 4 To ensure the delivery of sustainable development and facilitate community involvement and informed decision making. 5 To secure the satisfactory implementation of the proposal. 6 In order to ensure that the materials used conform to the amenity requirements of the locality. 7 To ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience. 8 To ensure appropriate on-site facilities in the interests of highway safety and the general amenity of the development. 9 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policies SG4 and EQ1 of the Harrogate District Core Strategy.