Land at Bingley Road, Menston Pdf 2 Mb
Total Page:16
File Type:pdf, Size:1020Kb
Report of the Assistant Director (Planning, Transportation & Highways) to the meeting of Regulatory and Appeals Committee to be held on 7 February 2019 AK Subject: Demolition of steel frame agricultural building & small agricultural shed and the residential development of 133 dwellings, with associated infrastructure works and access, land at Bingley Road, Menston. Summary statement: This application follows previous proposals for residential development at the application site - outline planning permission was granted in 2013; a full application was then refused in 2015. The reasons for refusal being based on flooding and the adverse impact on habitats and protected species. In terms of dealing with flood prevention, the applicant has submitted various reports to address potential flooding of properties off-site. Given the previous application being refused on the grounds of flooding, the Council commissioned an independent review, to provide technical advice on flooding and groundwater issues. This work has been carried out by Arup, a multi-national firm. The review concludes that based on the latest evidence and analysis presented by the applicant, the applicant’s view that the site is at a low risk of flooding from all sources including groundwater is accepted. It is also agreed that the proposals for management of water on the site do not increase the risk of flooding to external receptors. The proposed measures to mitigate against adverse impacts on habitats and protected species have been agreed by the Countryside team. These measures would include: Provision of information panels at key access points onto the Special Protection Area/Special Area Conservation Improvements to local path networks which lead away from the SPA/SAC On the basis of the above, it is considered that the application has addressed the previous reasons for refusal and the application is recommended for approval, subject to a S106 to provide measures to mitigate against impacts on habitats and protected species; the provision of affordable housing on-site and off-site highway works. Julian Jackson Portfolio: Assistant Director (Planning, Transportation & Highways) Regeneration, Planning and Transport Report Contact: John Eyles Major Development Manager Overview & Scrutiny Area: Phone: (01274) 434380 E-mail: [email protected] Regeneration and Environment 1. SUMMARY The application is recommended for approval subject to conditions included within the report and the completion of a Section 106 agreement to - provide affordable housing on-site; provide measures to mitigate against potential impacts on protected habitats and off-site highway measures. 2. BACKGROUND Outline application, 10/06229/MAO, demolition of a steel-framed agricultural building and agricultural shed and residential development of up to 135 dwellings with public space. This application was withdrawn. Outline planning permission, 11/05691/OUT, residential development of a maximum of 135 dwellings on a Phase 2 allocated site including the demolition of a steel-framed agricultural building and small agricultural shed, granted April 2013. A full application, 13/04897/MAF, for residential development of 137 dwellings and associated works was refused in January 2015. The reasons for refusal being- 1. The applicant failed to demonstrate that the submitted drainage scheme will be adequate to prevent the increased likelihood of flooding of properties off the site. The development would therefore be contrary to Policies UR3 and NR16 of the adopted Replacement Unitary Development Plan and Paragraph 103 of the National Planning Policy Framework. 2. The applicant has failed to include adequate mitigation measures to offset the harm to the South Pennine Moors Special Protection Area/Special Area of Conservation. In particular, the increased activity generated by the development within this area would lead to conditions prejudicial to the continued preservation of protected species and their habitat. The development would therefore be contrary to the emerging Core Strategy and Paragraph 118 of the National Planning Policy Framework. 3. OTHER CONSIDERATIONS All considerations material to the determination of this planning application are set out in Appendix 1. 4. FINANCIAL & RESOURCE APPRAISAL The presentation of the proposal is subject to normal budgetary constraints. 5. RISK MANAGEMENT AND GOVERNANCE ISSUES No implications. 6. LEGAL APPRAISAL The determination of the application is within the Council’s powers as Local Planning Authority. 7. OTHER IMPLICATIONS 7.1 EQUALITY & DIVERSITY Section 149 of the Equality Act 2010 states that the Council must, in the exercise of its functions “have due regard to the need to eliminate conduct that is prohibited by the Act, advancing equality of opportunity between people who share a protected characteristics and people who do not share it, and fostering good relations between people who share a protected characteristic and people who do not share it. For this purpose section 149 defines “relevant protected characteristics” as including a range of characteristics including disability, race and religion. In this particular case due regard has been paid to the section149 duty but it is not considered there are any issues in this regard relevant to this application. 7.2 SUSTAINABILITY IMPLICATIONS The proposals have been fully considered in relation to sustainability issues and the site is considered to be located in a sustainable location, served by local facilities and accessible to public transport. 7.3 GREENHOUSE GAS EMISSIONS IMPACTS New development invariably results in the release of greenhouse gases associated with both construction operations and the activities of the future users of the site. Consideration should be given as to the likely traffic levels associated with this development. Consideration should also be given as to whether the location of the proposed development is such that sustainable modes of travel by users would be best facilitated and future greenhouse gas emissions associated with the activities of building users are minimised. It is accepted that the proposed development would result in greenhouse gas emissions. However, it is considered that such emissions are likely to be lower than would be the case for alternative, less sustainable locations. Mitigation measures are also to be incorporated within the development in the form of Electric Vehicle Charging points to encourage the use of sustainable modes of travel. In conclusion, subject to the identified mitigation measures no adverse greenhouse gas emission implications are foreseen. 7.4 COMMUNITY SAFETY IMPLICATIONS Core Strategy Policy DS5 states that development proposals should be designed to ensure a safe and secure environment and reduce the opportunities for crime. In this instance, subject to appropriate access control, boundary treatments, CCTV and lighting provisions being implemented, it is not considered that there are grounds to conclude that the proposed development would create an unsafe or insecure environment or increase opportunities for crime, in accordance with Core Strategy Policy DS5. 7.5 HUMAN RIGHTS ACT Article 6 - right to a fair and public hearing. The Council must ensure that it has taken into account the views of all those who have an interest in, or whom may be affected by the proposal. 7.6 TRADE UNION None 7.7 WARD IMPLICATIONS None 7.8 AREA COMMITTEE ACTION PLAN IMPLICATIONS None 7.9 IMPLICATIONS FOR CORPORATE PARENTING None 7.10 ISSUES ARISING FROM PRIVACY IMPACT ASSESMENT None 8. NOT FOR PUBLICATION DOCUMENTS None 9. OPTIONS The Committee can approve the application as per the recommendation contained within Appendix 1, or refuse the application. If the Committee decides that the application should be refused, it may refuse the application, in which case the reason(s) for refusal would have to be given, based upon development plan policies or other material planning considerations. 10. RECOMMENDATION This application is recommended for approval, subject to a Section 106 Legal Obligation to secure affordable housing; off-site highway works and mitigation measures to protect habitats and protected species and the conditions included within Appendix 1. 11. APPENDICES Appendix 1 Technical report. Appendix 2 Arup Technical Note 12. BACKGROUND DOCUMENTS National Planning Policy Framework 2018 Adopted Core Strategy RUDP Menston Housing Sites Supplementary Planning Document 17/04591/MAF Land At Bingley Road Menston Ilkley Appendix 1 Ward: Wharfedale Recommendation: That Members be minded to Grant Full Planning Permission subject to a S106 Agreement and to delegate to the Assistant Director Planning, Transportation & Highways to issue permission upon completion of a S106 Agreement. Application Number: 17/04591/MAF Type of Application/Proposal and Address: A full application for the demolition of a steel frame agricultural building & small agricultural shed and the residential development of 133 dwellings with associated infrastructure works and access, land at Bingley Road, Menston. Applicant: Bellway Homes (Yorkshire Division) Agent: Johnson Mowat Site Description: The application site is located on the southern edge of Menston, at the northern side of Bingley Road. The site measures c.5 hectares in area and comprises agricultural land, with stone walls and hedgerows to its boundary. The site is c. 500m from Menston centre and c.1 km from Menston Railway Station. The application site slopes down to the north east, with the western part