HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 21 November 2006

PLAN: 11 CASE NUMBER: 06/01791/EIAMAJ GRID REF: EAST 431209 NORTH 470965 APPLICATION NO. 6.500.255.EIAMAJ DATE MADE VALID: 14.08.2006 TARGET DATE: 04.12.2006 WARD: Falls Within 2 Or More VIEW PLANS AT: http://tinyurl.com/yko78k

APPLICANT: Environment Agency

AGENT: Halcrow Group Ltd

PROPOSAL: Construct a flood alleviation scheme in , which will include a flood storage embankment at Birkby Nab on the and flood defence walls and embankments in Ripon, Fisher Green and Little Studley. Alma Weir will also be replaced and 100m of riverbed lowered upstream of the weir.

LOCATION: Various Sites Ripon

REPORT SITE AND PROPOSAL Ripon has a long history of flooding, the last major events being in 2000 and 2005. As a result these recent events, the Environment Agency undertook various studies to determine how best to manage flooding in the city.

Ripon is sited at the meeting of three rivers. The Rivers Skell and Laver flow from the moors to the west and meet at the western boundary of the city. Here they become the River Skell, which flows through Ripon, meeting the to the east of the city.

Following extensive technical, environment and economic analysis the preferred solution involved a combination of options; flood storage on the River Laver upstream of Ripon and the erection of flood defence walls and embankments through the city. The proposed works are designed to protect 500 residential properties against a 1 in 100 year flood event (1% probability).

This application seeks planning permission for all the elements of the proposed flood alleviation scheme.

For convenience the proposed development can be best considered as 5 discrete areas of work as follows; a) Laver Flood Storage Site (Birkby Nab)

b) Borrage Lane c) Alma Weir d) Fisher Green e) North Bridge

This report will be structured along these lines.

a) Laver Flood Storage Site (Birkby Nab)

The site identified for the upstream flood storage area is on the River Laver about 3km north-west of Ripon. The proposed embankment would be about 150m upstream of the farm and Birkby Nab.

The River Laver runs to the north of Birkby Nab, which sits on a slight ridge above the floodplain. The river is lined with mature trees on either side. The landscape is dominated by farmland, with a mix of arable and pasture, the fields around Birkby Nab being grazed by horses. Apart from the riverside trees there is a good deal of tree cover in the area, with a woodland Ellington Banks running along the north banks of the River Laver and Kex Beck. There is a young plantation to the west of Birkby Nab and woodland at Cow Myers SSSI on the south bank of Kex Beck.

The valley bottom provides a very attractive rural setting of some tranquillity. Apart from Birkby Nab there are only a few other scattered farmsteads in the area, and none of these are visible from many viewpoints on the valley floor. A public footpath runs along the top of the floodplain to the north, and continues through the southern fringe of Ellington Banks.

The proposed embankment would stretch across the valley floor just to the north of Birkby Nab. The river turns through 90 degrees at this point, and the embankment would be sited just downstream of this turn to take advantage of the riverside trees which would run parallel to the embankment. The embankment would be 390m long, 8.6m high and 85m across its widest point. There would be a 1 in 4 slope on the upstream side and a 1 in 4.5 slope downstream. The slopes would be overlain with topsoil and grassed, but the spillway would have cellular concrete blocks covered with soil and grassed over.

The River Laver would be diverted through two large concrete culverts under the embankment. These would run parallel to one another and would be about 80m long. A 300mm gravel bed would be retained in each culvert to allow the migration of riverbed material through the culvert. The existing flow rate of the River Laver would be maintained through the culverts. Permanent tracks would run along the bottom of both sides of the embankment from the south to allow access to the inlet and outlet. The tracks would not extend along the north side, but a clear width at the bottom of the slope would permit vehicular access if required. A track around the north toe of the embankment would allow access for the farmer.

Approximately 20m of new river channel would be created on either side of the culverts. 65m of the abandoned river would be left to create natural backwater habitats.

The embankment would be constructed from clay and granular soils which would be extracted from borrow pits in the fields around Birkby Nab. Clay would be taken from an arable field to the west of Birkby Nab. Approximately 110,000 cubic metres would be extracted. This represents excavation to a depth of 4m over an area measuring 300m x 150m. This area would be retuned to arable use. Reserve borrow pit has been identified in neighbouring fields.

Granular material would be extracted from a field next to the river, just upstream of the proposed embankment. This would involve extraction to a depth of about 2m over an area measuring approximately 150m x 100m. Reserve borrow pits have been identified on the other side of the river. The restoration of this borrow pit has yet to be confirmed, but there is a possibility that it could be taken out of farming and used for habitat creation.

The proposed extraction of these borrow pits represents a mineral operation which would need a separate planning permission from the County Council. The Borough Council would be consulted on any such applications.

Temporary haul routes would be constructed from the borrow pits to the embankment site and a site compound would be constructed to the west of Birkby Nab. A new permanent track would be constructed from the existing farm track to the west of Birkby Nab to the embankment.

b) Borrage Lane

The proposed works in the Borrage Lane area would extend from No 43 Borrage Lane downstream to Borrage Bridge. A total of 260m of flood defences would be constructed along this section.

Borrage Lane consists of a variety of mostly detached houses of varying styles. The rear gardens of the houses on the south side of the Lane are mostly terraced and run down to the River Skell. There are fewer houses on the south bank and a footpath provides access along riverside. There is good tree cover on both banks. This area provides an attractive semi-rural character on the edge of the city.

The proposed works along this stretch consist of a series of relatively small flood defence walls and embankments in the rear gardens of properties on Borrage Lane. Works would be carried out in the gardens of 15 domestic properties. The works would involve the erection of short sections walling, small grass embankments, the modification and re-alignment of existing features and the waterproofing of properties. Steps and ramps would be provided where necessary to allow access to the bottom the gardens. These would be restricted to the north bank, and none of the proposed structures would exceed 500mm in height.

At Borrage Bridge the northern and southern arches would be cleared to provide a better flow. An existing Yorkshire Water outflow would be modified. These works would mean the loss of a large willow tree.

c) Alma Weir

Alma Weir is close to the centre of Ripon where the river takes on a more urban character, with buildings close to either bank. Nonetheless, there is relatively good tree cover on both banks and riverside paths and amenity areas make for a good quality environment close to the city centre, with views of the Cathedral. The site is within the Conservation Area.

The weir itself is a crude concrete structure and not an attractive feature, and being close to the pedestrian bridge is in a particularly prominent location.

It is proposed to modify the existing weir and install a series of other weirs upstream to provide a more natural appearance. The foundations of the existing weir would be used as the base for a more nature 'riffle' feature. The outer edges of the weir would be landscaped and a small amenity area would be created.

A new gauging weir would be installed upstream, with a further low blockstone weir upstream of that to maintain existing river levels. The riverbed downstream of Alma Weir would be lowered by a depth of up to 1.5m for a distance of 150m. This would increase the capacity of the river channel and provide a more natural channel width and gradient. d) Fisher Green

Fisher Green is the area immediately to the east of the by-pass. There is a row of detached house along the south bank, with a group of four houses on the north bank in a rural setting. There is a row of planted cherry trees along the south bank, but ad hoc parking has compromised the landscape quality of this area.

A public footpath, part of the 'Ripon Rowel Walk' runs between the houses on the north bank and the riverside. This path leads to a series of stepping stones. This bank is within the Special Landscape Area.

On the south bank it is proposed to construct a new piled wall which would project 1m above ground level. This would run the full length of Fisher Green - a distance of about 350m. The avenue of cherry trees would be removed. The riverside of the wall would be planted to provide a more natural habitat and appearance. The street side of the wall would be covered with earth to form a low bank.

At the end of Fisher Green the wall would be merged into an embankment for the remaining 45m beyond the turning circle and into the Yorkshire Water sewage treatment works.

On the north bank the existing embankment around the houses would be raised, widened and lengthened to form a complete ring defence. e) North Bridge

North Bridge carries North Road over the River Ure on the northern approach to Ripon. River View Road runs above the floodplain to the south and provides access to properties on Bridge View Road and Riverside Pine Lodges.

The proposed defences here are designed to offer protect against floodwaters from the River Ure, since properties here will gain no benefit from the proposed flood storage area a Birkby Nab.

The proposed defences consist of a large grassed embankment running along the north side of River View Road. This would be approximately 3m high with 1 in 3 slopes on either side. A similar embankment would be constructed to the rear of the houses on Bridge View Road.

MAIN ISSUES 1. Policy 2. Environmental Impact Assessment 3. Landscape Impact 4. Ecology 5. Trees 6. Historic environment 7. Traffic 8. Public Access 9. Socio-economic impacts

RELEVANT SITE HISTORY 04/03846/SCOPE - Scoping Opinion for Ripon Flood Alleviation Scheme. 03.09.2004

CONSULTATIONS/NOTIFICATIONS

DCS Arboricultural Officer see assessment of main issues

Heritage Unit of NYCC Mitigation strategy outlined in Environmental Statement is acceptable. Recommend condition re archaeological scheme of investigation.

Chief Building Control Officer No comments received Countryside Agency The Countryside Agency has no statutory interests in the vicinity of the proposed site and therefore wish to confirm that we have no objections to the works as detailed.

We would hope that any works should be of good quality and should be designed to be as environmentally sensitive and visually unobtrusive as possible. We would not wish to see any tracks or rights of way, whether statutory or permissive, unduly disrupted or permanently severed.

Where this may be the short-term case due to the period of working we would wish to see mitigation measures put in place prior to the start of works to ensure that inconvenience by users is kept to a minimum. Mitigation measures should be in keeping with the character of the area.

Where permanent severance of rights of way is expected, for example in the area around Birkby Nab, we would request that appropriate diversions be put in place. We would also request that minimum disruption occurs at the Recreational Route of the Ripon Rowel Walk.

Ripon Civic Society The comprehensive proposals are notable for their meticulous attention to topographical detail, their concern for the environment and for the care taken in seeking the views of those affected by past floods. Ripon Civic Society welcomes the proposals with enthusiasm.

Countryside Officer Dan McAndrew see assessment of main issues

Policy Dev Unit NYCC No comments received Conservation and Design Section see assessment of main issues

H.B.C Land Drainage Additional flow will pass through North Bridge following upstream flood embankment work and clearance of the flood arches. Could consideration be given to upgrading the wall on the north side of Magdalens Road on the east side of North Bridge to a flood defence wall_ It would also require relocation or raising the field access to the appropriate level opposite 24 Magdalens Road. This would provide flood protection for a number of properties and prevent potential considerable area flooding.

Please note the sewers indicated on Drawing KN/LRIP/10401 are approximately twice the actual size. Consult Yorkshire Water for service details.

It is my opinion that little flooding to property on Hillshaw Parkway occurs via the sheep creep structure shown on Drawing KN/LRIP/10312.

Environment Agency No objections, but recommends conditions re bunding of any oil storage facilities, discharge of contaminated drainage and surface water run-off.

English Heritage In our view the proposed scheme would have an impact on the and Studley Royal World Heritage Site. The EIA makes no reference to the impact of the flood defence scheme on the WHS or its notional buffer zone and the assessment should demonstrate what, if any, the impact would be.

Local authority conservation staff and archaeologists are best placed to advise on local historic environment issues and priorities.

Environmental Health (Springfield) No objections. Recommend condition to mitigate noise and dust nuisance affecting nearby residents in relevant locations during construction phase.

Forestry Commission No comments received

British Gas TransCo No comments received

Highway Authority As a number of the proposed works may affect existing structures within the public highway and the proposals include a number of new structures, the designs should be subject to a formal Technical Approval process. This applies to all structures to which the public have access or which support the highway including those to be adopted by the Highway Authority and those to be maintained by another body.

Recommends conditions for each of the construction sites

The British Horse Society No comments received

Landscape Officer see assessment of main issues

MOD Safeguarding and Byelaws No safeguarding objections to the proposal.

English Nature Not received at time of writing report

Local Plans Policy No comments received

Ripon Railway Re-Instatement Association No comments received

Ramblers Association No objections, but see assessment of main issues.

Ripon Improvement Trust No comments received

Yorkshire Water Recommends conditions re foul and surface water drainage and protection of public sewers.

British Waterways No objection. Proposal does not appear to have any impact on the water supply to .

Would remind Environment Agency of importance of maintaining flow on River Skell in order to supply the canal. If the developers intend to block or divert the flow during

the works or in any way alter the supply to the Ripon Canal, even temporarily, we must be involved.

RIPON CITY COUNCIL (31) Ripon

STUDLEY ROGER PARISH COUNCIL (39) Studley Roger

Claro Internal Drainage Board No comments received

Marston Moor Internal Drainage Board Site lies outside Board's District and suspect it is so far upstream that there will be no effect on the Board's District. Question statement that there would be no impact on hydrology and no residual impact on flows. Would welcome clarification on how quickly this effect will be swamped by the hydrology of the river.

Lower Swale Internal Drainage Board No comments received

RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Development PPS7 Planning Policy Statement 7: Sustainable Development in Rural Areas PPG15 Planning Policy Guidance 15: Planning and the Historic Environment PPG16 Planning Policy Guidance 16: Archaeology and Planning PPG25 Planning Policy Guidance 25: Development and flood risk LPC01 District Local Plan (2001, as altered 2004) Policy C1: Conservation of Nidderdale A.O.N.B LPC02 Harrogate District Local Plan (2001, as altered 2004) Policy C2: Landscape Character LPC03 Harrogate District Local Plan (2001, as altered 2004) Policy C3: River and Stream Corridors LPC05 Harrogate District Local Plan (2001, as altered 2004) Policy C5: Woodland and Forestry LPC05A Harrogate District Local Plan (2001, as altered 2004) Policy C5A: Protection of Hedgerows LPC09 Harrogate District Local Plan (2001, as altered 2004) Policy C9: Special Landscape Areas LPC11 Harrogate District Local Plan (2001, as altered 2004) Policy C11: Landscaping of Development Sites LPC12 Harrogate District Local Plan (2001, as altered 2004) Policy C12: Agricultural Land LPNC02 Harrogate District Local Plan (2001, as altered 2004) Policy NC2: Sites of national importance for nature conservation LPNC03 Harrogate District Local Plan (2001, as altered 2004) Policy NC3: Local Wildlife Sites LPNC04 Harrogate District Local Plan (2001, as altered 2004) Policy NC4: Semi-Natural Habitats

LPNC05 Harrogate District Local Plan (2001, as altered 2004) Policy NC5: Impact mitigation on nature conservation interest

LPNC06 Harrogate District Local Plan (2001, as altered 2004) Policy NC6: Species Protected by Law LPNC07 Harrogate District Local Plan (2001, as altered 2004) Policy NC7: Enhancement of Nature Conservation LPHD01 Harrogate District Local Plan (2001, as altered 2004) Policy HD1: Statutory list of buildings of special architectural or historic interest LPHD03 Harrogate District Local Plan (2001, as altered 2004) Policy HD3: Control of development in Conservation Areas LPHD04 Harrogate District Local Plan (2001, as altered 2004) Policy HD4: Development affecting Archaeological Sites LPHD05 Harrogate District Local Plan (2001, as altered 2004) Policy HD5: Archaeological Investigation LPHD12 Harrogate District Local Plan (2001, as altered 2004) Policy HD12: Amenity Open Space LPHD13 Harrogate District Local Plan (2001, as altered 2004) Policy HD13: Trees and Woodlands LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20: Design of New Development and Redevelopment LPR01 Harrogate District Local Plan (2001, as altered 2004) Policy R1: Existing Recreation Open Space LPR10 Harrogate District Local Plan (2001, as altered 2004) Policy R10: River Ure and Ouse Navigation LPR11 Harrogate District Local Plan (2001, as altered 2004) Policy R11: Rights of Way LPA01 Harrogate District Local Plan (2001, as altered 2004) Policy A1: Impact on the Environment and Amenity LPA04 Harrogate District Local Plan (2001, as altered 2004) Policy A4: Water Amenity LPA07 Harrogate District Local Plan (2001, as altered 2004) Policy A7: Unstable Land LPA08 Harrogate District Local Plan (2001, as altered 2004) Policy A8: Contaminated Land LPIMP3 Harrogate District Local Plan (2001, as altered 2004) Policy IMP3: Amelioration of Adverse Environmental Impact of Development SPA1 North Yorkshire County Structure Plan Policy A1 SPA2 North Yorkshire County Structure Plan Policy A2 SPA3 North Yorkshire County Structure Plan Policy A3 SPA6 North Yorkshire County Structure Plan Policy A6 SPR6 North Yorkshire County Structure Plan Policy R6 SPE1 North Yorkshire County Structure Plan Policy E1

SPE2 North Yorkshire County Structure Plan Policy E2 SPE4 North Yorkshire County Structure Plan Policy E4 SPE5 North Yorkshire County Structure Plan Policy E5 SPE6 North Yorkshire County Structure Plan Policy E6

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 15.09.2006 PRESS NOTICE EXPIRY: 15.09.2006

REPRESENTATIONS RIPON CITY COUNCIL - No objections

STUDLEY ROGER PARISH COUNCIL - No objections

OTHER REPRESENTATIONS - 3 letters received from residents of Borrage Lane and Fisher Green. Summary of comments:

- works have been carried out to rear of 9 Borrage Lane which may negate proposed works here - some reservations about details of work to rear of Bishops House, Borrage Lane - riverbank at Fisher Green is poorly maintained and proposals would greatly improve the area, provided replacement trees are planted

Letter from owner of land to either side of Galphay Lane, offering co-operation for any road-widening scheme deemed necessary to accommodate construction traffic.

Letter from Chair of Skell Residents Group. Fully support principles of development, including the siting of the dam and provision of walls and embankments along the River Skell. Would anticipate that individual residents may have specific issues to raise about the detailed design on their properties.

VOLUNTARY NEIGHBOUR NOTIFICATION

On-going public consolation exercise since 2001. Three public consultation meetings held. Meetings held with residents directly affected by works. 26 site notices erected along application site.

ASSESSMENT OF MAIN ISSUES 1. POLICY Flood Risk - PPG25 sets out Government policy on development and flood risk. Although this guidance is mainly aimed at incorporating the issue of flood risk in the development planning process, it does acknowledge the flooding is a material planning consideration. Appendix A of PPG25 recognises the impact of climate change on flooding. The guidance, which was published in 2001, quotes the latest

climate change scenarios suggesting that annual rainfall is expected to increase by up to 10% by the 2050s, with the largest increase in the north-west. The number of rain days and average intensity of rainfall is also expected to increase.

Since this guidance was written predictions on the impact of climate change have developed further, and while this is an inexact science the majority of such forecasts are if anything more pessimistic. The impact of climate change and the continued deterioration of riverbanks mean that there is an increased likelihood of further flood events in Ripon.

The Regional Spatial Strategy (RSS) for Yorkshire and the (2004) contains policies on flood risk and development. Policy R2 states that the Environment Agency should work together with local authorities and others to characterise flood risk, and produce catchment flood management plans in line with the Water Framework Directive.

Local planning authorities should produce strategic flood risk assessments for the area for which they have administrative responsibility working together with the Environment Agency and, where relevant, with neighbouring authorities.

The Environment Agency, local authorities and others should adopt a strategic, integrated, sustainable and pro-active approach to catchment management to reduce flood risk within the region and protect existing regionally important locations, taking into account the latest information available from each other to ensure that they deal consistently with managing the risk from fluvial flooding along river corridors and other significant watercourses resulting from catchments within and beyond the region.

Policy S5 of the RSS on Climate Change states that authorities and agencies should take into account the land use implications of the predicted impact of climate change on their area or plan.

Landscape protection

The proposed embankment at Birkby Nab is just outside the boundary of the Nidderdale AONB. PPS7 (2004) sets out Government policies for development in rural areas. It states that nationally designated areas such as AONBs have been confirmed by the Government as having the highest status of protection in relation to landscape and scenic beauty. This should be given great weight in development control decisions.

Local Plan Policy C1 states that within this area development which would have a significant adverse impact on the landscape will not be permitted. Proposals for large development in the open countryside will not be permitted unless proven to be in the national interest and incapable of being located outside the AONB and the environmental impact has been fully assessed and if acceptable and adverse effects minimised. Where development is permitted, the highest standards of design will be required which should reflect local characteristics.

Local Plan Policy C2 states that development should protect existing landscape character. Opportunities should be taken to repair or reintroduce landscape features as part of the design and landscaping of developments.

Local Plan Policy C3 states that development will not be permitted where it is likely to have a significant adverse effect on the landscape character and amenity of the river and stream corridor.

Local Plan Policy C5 states that development will not be permitted where it would harm the landscape, screening or wildlife value of woodland. Strictest protection will be afforded to ancient semi-natural woodland.

The application site includes two separate Special Landscape Areas; Ure Valley to the east and the Skell & Laver Valleys to the west.

PPS7 recognises the need for local landscape designations (SLAs) for areas outside nationally designated sites that are highly valued locally.

Local Plan Policy C9 states that long-term protection will be given to Special Landscape Areas. Within these areas development which would have an adverse impact on the character of the landscape or setting will not be permitted. Where development is permitted high standards of design will be required along with mitigation measures.

Local Plan Policy C11 states that development proposals shall have regard to the retention of the existing landscape features of amenity value. Extensive screen planting of sufficient scale and character should be provided on sites within open countryside. For large scale developments in sensitive areas landscape design will need to be incorporated into the design.

Ecology

The River Laver Flood Storage area is adjacent to two protected nature conservation sites. Cow Myers SSSI covers an area of about 15ha upstream of the proposed embankment site and has the potential to be affected by floodwaters. The site contains a series of habitats, including alder carr and wet woodland. This type of habitat is a Priority Habitat on the UK Biodiversity Action Plan (BAP), being listed in Annex 1 of the EC Habitats Directive.

Ellington Banks is a locally important woodland on the north slope of the valley immediately adjacent to the proposed embankment. It is designated as a SINC (Site of Importance for Nature Conservation).

Local Plan Policy NC2 states that proposals for development likely to have an adverse effect on a SSSI will not be permitted.

Local Plan Policy NC3 states that proposals for development likely to have an adverse effect on a local nature reserve or a site of importance for nature conservation will not be permitted.

The proposed development also has the potential to impact on several protected species including bats, great crested newts and otters.

PPS9 (2005) sets out Government policy on biodiversity. It states that where a development would have an adverse impact on a SSSI planning permission should not normally be granted. Also states that local sites (SINCs) have a fundamental role to play in meeting the overall national biodiversity targets.

PPS9 states that local planning authorities should ensure that such species are protected from the adverse effects of development. Planning permission should be refused where harm to species or their habitats would result unless the need for, and benefits of the development clearly outweigh that harm.

Local Plan Policy NC6 states that development which may have an adverse impact on badgers and other protected species will only be permitted where harm to the species cannot be avoided. Planning conditions may be used to ensure the survival of individual members of the species, to reduce disturbance and to provide adequate alternative habitats to sustain at least the current population levels.

Historic Environment

PPG15 (2001) sets out Government policy on Planning and the Historic Environment.

The proposed flood storage area is about 1km from edge of the World Heritage Site (WHS) at Fountains Abbey and Studley Royal, but over 2km from the main site.

The majority of the proposed works in Ripon will be within the Conservation Area and in close proximity to several listed buildings. The River Skell passes beneath two listed bridges; North Bridge and Skell Bridge. Although the proposed works will have no divert impact on Ripon Cathedral, they will affect the wider setting of this Scheduled Ancient Monument.

Local Plan Policy HD1 states that development will not be permitted where it would have an adverse effect on the character, fabric or setting of a listed building. The total or substantial demolition of a listed building will only be permitted in exceptional circumstances.

Local Plan Policy HD3 states that development which has an adverse effect on the character or appearance of a conservation area will not be permitted.

Local Plan Policy HD4 states that permission for development on or adjacent to Scheduled Ancient Monuments and other sites of archaeological importance will not be permitted where it is considered that the development would have an adverse impact either on the site or its setting. Where development could affect remains of archaeological importance an archaeological evaluation may be required.

Local Plan Policy HD5 states that where exceptionally development is permitted on a site of archaeological importance and preservation in situ is not possible any effect on archaeological interest will be expected to be minimised. Permissions for

development proposals on sites of archaeological interest may be the subject of conditions or a section 106 legal agreement which will provide for archaeological investigation to take place prior to, or during development.

Local Plan Policy HD12 states that within settlements open sites which make a significant contribution to the visual amenity and character of the settlement will be protected from development. Small scale developments which are related to the function of the open space will be allowed if they cannot be located elsewhere.

Trees

The proposed development would involve the felling of over 200 trees, although these would be replaced at ratio of five-to-one. Many of these trees within the city centre will be protected by virtue of being within the Conservation Area. Others will be protected by Tree Preservation Orders.

Local Plan Policy HD13 states that proposals which would involve the loss of trees or woodland which contribute to the character or setting of a settlement will not be permitted.

Recreation

Local Plan Policy R10 states that along the River Ure existing recreational uses will be safeguarded and new recreational development restricted.

Local Plan Policy R11 states that development which would result in harm to the character or recreational and amenity value of existing rights of way and which do not involve the satisfactory diversion of the route will not be permitted.

2. ENVIRONMENTAL IMPACT ASSESSMENT - The planning application is accompanied by an Environmental Statement in accordance with the Environmental Impact Assessment Regulations 1999.

In September 2004 the Council provided the Environment Agency with a Scoping Opinion, setting out the information that should be included in the Environmental Statement. The non-technical summary of the Environmental Statement can be found on the Council's website. A hard copy of the Statement will be available in the Members' room at Crescent Gardens from 14 November 2006.

The Environmental Statement provides specified information for the purpose of assessing the likely impact on the environment of the proposed development. It includes a description of the development, a description of the likely significant effects and where such effects are identified, a description of the measures envisaged to avoid, reduce or remedy them.

The Environmental Statement examines each potential impact of the proposed development and assesses the effects both during and after construction, aswell as putting forward mitigation measures. Impacts are classified as being adverse or beneficial and ranked as major, moderate or minor.

The Environmental Statement includes a tree survey, a bat survey and an evaluation of visual impacts. The statement concludes with an Environmental Action Plan (EAP). This summarises the Environmental Statement and sets out targets and responsibilities for every aspect of the development. This will need refining during the detailed design process, but would form part of the works contract. An independent Environmental Clerk of Works would be appointed to ensure the EAP was followed by all contractors.

In its consultation response, English Heritage expressed concern about the apparent lack of assessment of the impact on the World Heritage Site (WHS) at Fountains Abbey.

3. LANDSCAPE IMPACT a) Laver Flood Storage Site The construction of the proposed embankment will have a major impact on the landscape, both during the construction phase and in the long-term. The embankment will be a massive structure, with a footprint of 2700 square metres and rising to a height of 8.6m from the valley floor. Construction would take about 9 months. The extraction of the borrow pits will cause further disruption in the short to medium term. The Environmental Statement correctly identifies these impacts as having a major adverse effect during the construction phase. It also acknowledges that it is difficult to mitigate for works of such a scale, and that despite the proposed landscaping the impact will remain as a major adverse effect.

To some extent then, the negative landscape impact of the proposed embankment has to be accepted, although this can be mitigated to some extent by the design of the embankment, the proposed scheme of landscaping, the choice of materials etc. The chosen site does have the advantage of being generally contained within the valley floor and so would be visible from within a relatively small visual envelope. Thus, despite the concerns expressed by English Heritage it is considered that the proposed development would not impact on the World Heritage Site at Fountains Abbey.

The design of the embankment is too 'engineered' in its appearance. The applicants have indicated that it would be possible to create a more sinuous, natural profile which would blend better with the surrounding landform. The applicants have also been asked to provide plans showing the proposed embankment in its wider context.

The proposals plan should set the planting in context with the surrounding area. An alternative scale plan would enable the proposals to be better understood and provide information on how the scheme links with surrounding areas.

The applicants have also been asked to consider moving the north toe into the SINC to avoid an important group of trees which includes a mature beech tree. This tree is also considered to be valuable in it own right and as a potential bat roost.

There are also concerns about the detailed design of the embankment, particular the use of materials and the extent and alignment of access tracks and fencing.

There is general concern regarding the visual impacts of the new fencing and whether it should be set back from the foot of the dam slope (to provide a more sinuous and natural alignment and to also detract from the dam itself).

There is concern that the grass reinforcement detail along the top of the dam should vary in width and take on a more sinuous alignment to provide a more natural looking feature. It may be preferable to provide a footpath surface which is more durable and which can be used as a footpath.

The fencing detail providing a combination of timber post and rail with anti-climb mesh is infill is a strange mix; an alternative fence design would be preferred.

The new access track is positioned at the immediate foot of embankment; there is no scope for smoothing the slope profiles at the foot of the dam.

The proposed crest along the dam is very engineered and its straight lines do not fit comfortably with surrounding landform.

The use of topsoil for grass seeding should not be used throughout and some areas would benefit nature conservation through the use of subsoil and natural regeneration as a form of landscape reinstatement.

The applicants have accepted some of these criticisms and have undertaken to address them when detailed drawings are worked up. Notwithstanding the submitted plans much work has yet to be done before full working drawings are prepared and any planning permission granted needs to recognise this in its conditions. Although this means that some of the details are uncertain at this stage, it does mean that the Council can condition the details of the scheme.

The proposed embankment would abut the boundary of the AONB, which is contiguous with the edge of Ellington Banks. The floodwaters would therefore be held back on land within the AONB. If the alignment of the embankment is amended as requested, the north toe will encroach into the AONB.

Local Plan Policy C1 states that proposals for large-scale development in the open countryside will not be permitted unless;

i. Proven to be in the national interest, and ii. Incapable of being located outside the AONB, and iii. The environmental impact has been fully assessed and if acceptable any adverse effects minimised.

The proposed development is considered to meet the last two criteria. It is as a result of negotiations with officers that the embankment is being moved into the fringe of the AONB. The environment impact has been fully assessed in the Environmental Statement which includes measures to mitigate the various environmental impacts.

However, while the scheme would bring considerable benefits to Ripon and its surroundings, whether it is proven to be in the national interest is debatable, and so there must be some doubt as to whether the development accords with Policy C1.

The views of the AONB Officer should be available at the meeting. b) Borrage Lane The proposed works on this stretch would take place mostly on private land and would have a minimal impact outside the immediate area. The proposed walls and small embankments are designed to blend with the domestic surrounding and it is considered that the impact of these works would not be significant.

However the works would involve the removal of some trees and vegetation, although most riverside trees would be retained. The loss of a protected willow tree at Borrage Bridge is of some concern as it would open up views to a Yorkshire Water outfall and new engineering works in the riverbed. This would have a detrimental impact on the historic setting of the listed bridge on the approach to the city centre. The tree cannot be replaced in situ because of the proposed engineering works, but the applicants are looking for a suitable site nearby for a replacement tree. c) Alma Weir The works at Alma Weir involve replacing the present unsightly weir structure with a more natural 'riffle' effect. This would have a moderate beneficial effect according to Environmental Statement, but this may be understating the positive impact of these works. This part of the riverside is well used, with public access to both banks, which provided views of the Cathedral. The proposed works would provide a more natural river landscape aswell as providing better public access more amenity space.

The proposed use of a timber post and rail fence is not appropriate at parts Alma Weir, and the applicants have been advised that it would be more appropriate to use metal railings here, as suggested elsewhere. d) Fisher Green The proposed works along this stretch involve the introduction of large sections of sheet piling on the riverbank. This will be landscaped on the roadside. The works on the north bank would be within the River Ure Special Landscape Area.

The main landscape impact on this stretch would be the felling of the loss of the row of cherry trees. e) North Bridge Two embankments are proposed for this area, together with two areas of road raising. The embankment to the north of River View Road would be 3.3m high, while that to the rear of Bridge View Road would be 3m high.

These are both quite significant embankments and would have a major landscape impact according to Environmental Statement. These defences are within the Conservation Area and Special Landscape Area. The embankment along River View Road would be viewed in the context of the floodplain while that to the rear of Bridge View Road would run along the edge of a low-lying field.

A new hedge is proposed along the River View Road bund whereas areas of intermittent planting might enable better integration of the bund into the landscape.

There appears to be no planting mitigation proposed for the embankment along the back of the Bridge View Road properties.

4. ECOLOGY a) Laver Flood Storage Site Because Cow Myers SSSI is upstream of the proposed embankment it will inundated with flood waters more frequently than at present. There is concern that the floodwaters will result in the deposition nutrients from farmland which could affect the ecology of the SSSI. At present 28% of the SSSI is flooded during 1 in 100 year event. With the embankment in place this would increase to 31%.

The field located between Kex Beck and the river Laver, adjacent to the Cow Myers SSSI is currently used as a maize field. This is a crop which requires heavy applications of fertiliser, including slurry. More of this field will be inundated as a result of a flood with the potential to transfer some of this slurry onto parts of the SSSI, which could cause eutrophication and subsequent changes in vegetation.

The Environmental Statement admits uncertainty about the extent of the potential impact of the overland flood pathway across the adjacent field but predicts 'the impacts are likely to be small compared with aerial deposition and the current level of agricultural run-off (given the relative infrequency of flooding).'

In recognition of this problem it is proposed to undertake 1 ha of habitat creation in this field. This would be planted up to act as a barrier to nutrient-rich floodwaters. Full details of this scheme were not available at the time of writing, but it is understood that the applicants have been discussing this issue at some length with English Nature (now Natural England). The provision of this 1ha of planting could be made a condition of any planning permission granted.

The same argument relating to eutrophication of the SSSI also applies to the SINC at Ellington Banks. Over 2ha of the woodland would be flooded with the embankment in place, compared to 0.9ha under the existing flood regime. While this may have some adverse impacts, the Environmental Statement concludes that there may be some benefits in the form of the long-term expansion of alder woodland, such that the overall impact may be neutral.

The issue of flooding farmland raises wider concerns about diffuse pollution and the potential enrichment of river water from arable run-off. Government agencies are currently engaged in a number of initiatives to reduce diffuse pollution from farmland into sensitive watercourses. spurred on by legislation such as the Water Framework Directive.

For example DEFRA's Higher Level Stewardship scheme offers options for Resource Protection aimed at arable reversion to unfertilised or low input grassland to prevent run-off. Locally, DEFRA has instituted the Ripon Multi-Objective Project to, among other aims, encourage take up of such schemes in this catchment. There is clear evidence that phosphorous, nitrogen, silt and other materials from farms are causing significant long-term degradation of our rivers, lakes and groundwaters and the plants and animals that live in them.

In contrast to these initiatives the proposed scheme would regularly flood high input, potentially unstable arable soils. The ES summarises the impact of 'risk of silt pollution event occurring from flooding of arable fields during a flood event in the flood storage areas' as an 'adverse' impact of 'unknown significance' with a residual impact of 'unknown significance'.

The toe of the proposed embankment would involve the felling of four trees which would be all contain features which are suitable for bat roosts and are graded at 4 (high potential) for bats. The applicants have been asked to amend this part of the embankment to avoid the loss of these trees. Although this would bring the toe of the embankment into the SINC, on balance this is considered to be a preferable option. b) Borrage Lane The protected willow tree mentioned above will be of great value for wildlife - willows support some of the greatest diversity of invertebrate species of all our native trees. The applicants were asked to consider whether tree surgery to remove the suckering branches at low level might be sufficient to allow water to flow around the tree and through the arch nearest to the old paintworks, without causing major obstruction of flow. However the Council's Assistant Arboricultural Manager is of the opinion that this tree has a very limited life expectancy (5 years) and it loss would appear to be inevitable. c) Alma Weir This represents the most urbanised stretch of the river under consideration which contains relatively little ecological interest. The trees on the riverbank have been surveyed and have little bat roost potential. d) Fisher Green There is predicted to be a permanent loss of riverbed habitat of 260 sq. metres as a result of piling into the channel of the Skell at Fisher Green. In addition to the direct loss of riverbed habitat, by narrowing the channel, the building of this wall may impact on flow-rates and geo- hydrology across the width of the river. It is understood that lamprey surveys of this stretch of river have been undertaken already by the Environment Agency and this part of the Skell may be an important lamprey spawning site. The North Yorkshire SINC Panel has requested that the river at this point should be considered as a SINC in view of its importance for spawning lamprey.

The results of the surveys which have been undertaken have been made available to the Council's Rural Strategy Officer and an update will be provided at the meeting. e) North Bridge There are records of a long-established bat roost in North Bridge. A survey in 2003 located a roost of 115 Daubenton's bat under an arch over the water. Any clearance works under the bridge have accordingly been scheduled for October to May.

5. TREES - Over the whole application site a total of around 200-250 trees would be felled. No precise figure can yet be given as much will depend of the detailed design and construction which have yet to be finalised. The applicants have offered to

replace felled trees at a ratio of 5-for-1. While this ratio of replacement planting is welcome it does mask the impact of tree loss on individual areas. So for instance, while there is plenty of scope for planting at Birkby Nab, space for replanting is more restricted in town, as shown by the loss of the willow tree at Borrage Bridge.

Most of the trees in the city will be protected by virtue of being within the Conservation Area, while Tree Preservation Orders cover others in their own right.

The Assistant Arboricultural Manager has suggested that conditions relevant to the application are not straightforward and suggest that a Method Statement is written which is generic for the whole application. Specific Method Statements should then to be produced for the Flood Storage Area and Fisher Green where large numbers of trees are to be affected. The last two areas are important as they have trees which could be retained if the works are thought through and the trees protected accordingly.

The Method Statements do not need to be lengthy documents, they should be written so that the people carrying out the physical work understand what is required in order to protect the trees. The Method Statements should be written by an arboricultural specialist along with the engineers in order that the tree protection measures are practical and achievable. Considering the number of trees which could be affected by these proposals, the Assistant Arboricultural Manager has offered to assist in compiling the Method Statement.

The EAP states that all trees that are to be retained, felled or require surgery will be identified on the working drawings. Plans would be submitted to the Council's Assistant Arboricultural Manager for agreement and he would be invited to a site walkover prior to construction. a) Laver Flood Storage Site A large number of trees are earmarked for removal (approximately 130) to allow for the construction of the proposed embankment. Many of the trees are alder, sycamore and hawthorn whose loss, though unfortunate, can be replaced with a quality replacement planting scheme.

The large beech tree, together with an associated group should be retained if the north toe of the embankment is repositioned. This is a very large tree has very high conservation value and is a superb example of the species.

The riverside trees to the north of the embankment would be retained, together with riverside trees downstream. The ridge to the west of Birkby Nab would also be planted. b) Borrage Lane The works here would involve the loss of 13 trees, four of which are protected by Tree Preservation Orders. However there is plenty of scope for replanting in this area, and overall the defences near to the properties along Borrage Lane do not have a major impact on the trees until Borrage Bridge and the loss of the large willow.

c) Alma Weir Four protected trees are scheduled to be felled to accommodate works to the north bank. However it is hoped that two of these can be retained in drawing up details of this part of the scheme. These trees are healthy specimens within the urban area which screen the properties and add to the overall amenity of the area. d) Fisher Green This area is due to lose most of its tree cover on the southern side of the river (35 in total). The trees adjacent to the highway are cherry trees whose loss is acceptable (they are mature trees which will need replacing over the next ten years as they are starting to decline). The loss of the alder, sycamore and willow which are adjacent to the riverbank is unfortunate as these are self-set trees appropriate to the area.

At the end of Fisher Green are a group of mature sycamore trees which are to be retained. T17 has been noted for removal, this is not required as the tree is in good condition, healthy and located away from potential targets.

This group are also under threat from the construction process associated with the embankment. The vehicles and materials will need to be brought through the group of trees which will need managing. Load bearing materials will need to be placed over the existing root zones in order to reduce the compaction of the roots. A Method Statement should be created for the construction associated with this area noting how the trees are to be retained and protected.

Replacement planting should be with a species more appropriate to the area (cherry trees are not a species which fit well with this river bank setting). It is suggested that the new planting be alders. e) North Bridge Access to this site will require the loss of additional trees which is unavoidable and acceptable as they are younger trees which can be replaced. Some crown lifting may be required to allow access for large machinery, this is to be completed in accordance with BS 3998(1989) Tree Work.

6. HISTORIC ENVIRONMENT - The County Council's Archaeologist has recommended a standard condition requiring the implementation of a programme of archaeological works for the while development site. The Environmental Statement correctly identifies the archaeological interest of the affected areas and the likely impact of the scheme proposals on that interest. a) Laver Flood Storage Site The construction of the embankment would result in any undiscovered archaeological remains being buried. In addition, the borrow pits may unearth previously unknown archaeology. One of these sites has already been subject to an archaeological geophysical survey and further works are proposed prior to commencement. b) Borrage Lane Trial pits carried out within Ripon revealed no archaeological finds and suggested that the riverside area was not settled until the late post-medieval period. It is

therefore not considered necessary to have a watch and record operation except in the immediate vicinity of the crossing points in the river c) Alma Weir One river crossing point is an early medieval ford upstream of Alma Weir. This will not be directly affected by the works, but could get accidentally damaged and so will be protected during the construction phase. A 'watch and record' exercise would be carried out on works which lower the riverbed. The bed would be stripped in layers to allow a metal detector operator to survey each layer. d) Fisher Green Skell Bridge, at the western end of this stretch, is a listed building. Listed building consent granted for the flood defence works which would directly impinge on this bridge. e) North Bridge This is a listed building, and consent has already been granted where the proposed flood walls join the listed structure.

The Environmental Statement concluded that within Ripon there will be no significant impact on known archaeological or historic features and the proposed mitigation measures are considered to be acceptable.

7. TRAFFIC - The Highway Authority has recommended a separate set of conditions for each development site. a) Laver Flood Storage Site All the material for the proposed embankment would come from the nearby borrow pits, thus keeping all construction vehicles from local roads. However spoil from these pits would also be used for the construction of the embankments in other areas, and this is considered below. b) Borrage Lane Access to this site will be on local roads and will inevitably have a temporary adverse effect on traffic. This may involve the temporary closure of Borrage Bridge to allow the arches to be cleared. c) Alma Weir d) Fisher Green Spoil from the borrow pits at Birkby Nab would be used for the construction of the embankments here. This would involve approximately 320 lorry movements e) North Bridge Spoil from the borrow pits at Birkby Nab would be used for the construction of the embankments at North Bridge. This would involve an estimated 1600 vehicle movements over a 3-month period - about 22 lorry movements per day. The routes between Birkby Nab and the town sites has not yet been confirmed, but will be selected in consultation with the Highway Authority.

8. PUBLIC ACCESS a) Laver Flood Storage Site

A public footpath runs along the north bank of the river through Ellington Banks to Clotherholme Farm. The north toe of the embankment would cut across this path, even in the amended position. The works would therefore require the temporary and permanent diversion of this footpath. During 1 in 10 year flood events the path through Ellington Banks would be flooded for a few hours. It is intended to erect signs indicating what actions walkers should take in these circumstances. However it is not proposed to create an alternative route as this would involve the felling of trees in the wood.

The Ramblers' Association have expressed some concerns about this arrangement, although they have no objections to the proposed temporary and permanent diversions. The Association agree that the creation of an alternative path is not acceptable, but have argued that there are other paths within Ellington Banks which could be used on a permissive basis in such circumstances. b) Borrage Lane

A public footpath runs along the south bank, adjacent to agricultural fields. This would not be affected by the development. c) Alma Weir

The north bank of the river here is mainly residential, with a mix of uses on the south bank. There are several public footpaths in this area, one of which runs alongside the river. Although there may be temporary disruption during construction, the proposed development will improve access to the riverside along this stretch. d) Fisher Green

There is a public footpath along the north bank, and access along the roadside on the south bank. There is a crossing point on the Skell provided by a series of stepping stones. The landowner and Council also have vehicular access rights across the river here. The footpath on the north bank may be temporarily unavailable during flood events, as at present. The roadside path on the south bank would be unaffected.

The Ramblers' Association has suggested that this opportunity be taken to replace the stepping stones. e) North Bridge

9. SOCIO-ECONOMIC IMPACTS - Ripon has a long history of flooding, with recent major events in 2000 and 2005. The event in 2000 flooded 50 houses. The flood in 2005 was a 1 in 25 year event (4% probability). As a result there has long been a demand for action to alleviate flooding in the city. The proposed Flood Alleviation Scheme is the result of several years' search for a solution and would provide

protection for 500 houses and 50 commercial properties against a 1 in 100 year flood event. This is a major beneficial impact.

The scheme involves major works in the city, and will inevitably cause disruption during construction, including HGV movements from the Birkby Nab borrow pits.

The location of site compounds within Ripon have yet to be identified, but the EAP states that an assessment will be carried out on all possible sites and sensitive locations will be avoided. a) Laver Flood Storage Site

This site is dominated by farmland, and while the embankment will result in the permanent loss of 2.6ha of land, the borrow pits would be restored to agricultural use. There would be temporary disruption to public footpaths in the area, together with temporary diversions during flood events. A maximum of 15ha of land would be flooded for up to 35 hours during the most severe flood events. b) Borrage Lane

This area is mainly residential. All but four of the houses affected will benefit from the proposed development, and it is notable that no objections have been received from local residents. The Environment Agency has confirmed that the works to the rear of No 9 are no longer required following recent works by the owner.

The proposed level of protection for these properties would exceed the 1 in 75 year standard above which the Association of British Insurers (ABI) will continue to provide flood insurance cover.

Thus while the proposed works would have a major adverse impact on local residents during the construction phase, most of these residents would be direct beneficiaries of the scheme. c) Alma Weir

This area has a variety of uses on either side of the river, and has much public access. The proposed works would improve the character and appearance of the area and provide improved public access to the riverbank. d) Fisher Green

This area has two distinct characters on either side of the river; the south bank being residential, the north bank essentially rural.

The four houses on the north bank would experience significant disruption for a temporary period during construction, but would be direct beneficiaries of these works. The proposed piling on the riverbank would cause significant disturbance over a 4-month period, but where possible the applicants would use a quiet piling method.

e) North Bridge

Major embankments are proposed for this area, in close proximity to a residential area. Nonetheless it is considered that the proposed works would not detract from the amenities of local residents. The property at Fisherman's Lodge would experience major disruption, but would be a direct beneficiary of the works.

The property at Pottery Fields has planning permission for a new access off River View Road (Ref 6.31.602.B.FUL). This would now run across the top of the proposed embankment. However, as this is more than 20m from the rear of the houses on Bridge View Road, this is not considered to harm the amenities of neighbours through overlooking.

CONCLUSION

The proposal includes a large-scale development on the fringe of the Nidderdale AONB which will have a major adverse impact on the landscape. The development also has the potential to harm the ecology of the river and surrounding land, including a SSSI and SINC. The development will result in the loss of over 200 trees, including those covered by Tree Preservation Orders and within the Ripon Conservation Area. Notwithstanding the proposed measures of mitigation, the proposed development would be contrary to the provisions of the development plan. However, the proposed development would bring major significant social and economic benefits to the area, including the protection of domestic and commercial properties, and the long-term protection of the historic environment of Ripon. Considerable weight needs to be attached to these benefits, which are a material planning consideration and in this instance warrant setting aside local planning policies.

CASE OFFICER: Mr M Williams

RECOMMENDATION

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

0 Subject to the receipt of plans showing an amended footprint for the proposed embankment at Birkby Nab. 1 CA053 DEVELOPMENT SHALL BE BEGUN BEFORE 3 YRS 2 CC01 AMENDED DRAWINGS/LETTERS RECEIVED 3 Full details of the phasing of the construction of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any development. The development shall be carried out in accordance with the phasing details approved under this condition unless otherwise agreed in writing by the Local Planning Authority.

The phasing of the development shall be in accordance with the locations shown of Drawing No KN/LRIP/10016, as follows:

a) Laver Flood Storage Site (Drg No 10017) b) Borrage Lane (Drg Nos 10018 & 10019) c) Alma Weir (Drg No 10020) d) Fisher Green (Drg No 10021) e) North Bridge (Drg No 10022) 4 CP02 ARCHAEOLOGICAL INVESTIGATION REQUIRED 5 CL01X RETAINED TREES AS PART OF RESRVD MATTERS 6 CL02 LANDSCAPING: DETAILS TO BE APPROVED 7 CL02X PROVISION FOR TREE PLANTING 8 CL03X PROTECTION OF RETAINED TREES 9 CL04 REPLANTING IF ANY TREES/SHRUBS DIE 10 CL11 FENCE TO PROTECT TREES/SHRUBS DURING DEV 11 Prior to the commencement of the development hereby permitted visibility splays providing clear visibility of 2.4m x 120m measured down the centre line of the access road and the nearside channel line of the major road shall be provided at the junction of the access road with Galphay Lane. Once created, these visibility areas shall be maintained clear of any obstruction and retained for their intended purpose at all times. (Birkby Nab site only). 12 Details of the precautions to be taken to prevent the deposit of mud on public highways by vehicles travelling from each phase shall be submitted to and approved in writing by the Local Planning Authority. These facilities shall include the provision of wheel washing facilities where considered necessary by the Local Planning Authority. These precautions shall be made available before the development commences on each phase and be kept available and in full working order until such time as the Local Planning Authority agrees in writing to their withdrawal. 13 Prior to the commencement of the development at Birkby Nab details of the passing places and localised widening required on Galphay Lane shall be submitted to and approved by the Local Planning Authority in consultation with the Local Highway Authority. The approved passing places shall be provided and made available for use prior to the development at Birkby Nab being commenced and once created shall be maintained clear of any obstruction and retained for their purpose at all times. 14 Prior to the commencement of the development the approved passing places shall be constructed in accordance with the approved details approved by the Local Planning Authority.

NOTE: You are advised that a separate Agreement will be required from the Local Highway Authority in order to carry out works within the public highway. You should contact the Local Highway Authority to determine the requirements of this Agreement at an early stage. 15 HW32 PUBLIC RIGHTS OF WAY 16 No other part of the development shall be commenced until the temporary crossing of the highway verge and/or footpath has been constructed in accordance with the approved details and the Specification of the Local Highway Authority. Before the development is brought into use the highway

verge/footway shall be fully reinstated in accordance with the approved details and the Specification of the Local Highway Authority. (Borrage Lane, Alma Weir and North Bridge only).

NOTE: You are advised that a separate licence will be required from the Local Highway Authority in order to allow any works in the adopted highway to be carried out. The local office of the Local Planning Authority will also be pleased to provide the detailed constructional specification referred to in this condition. 17 The development shall not be commenced until full details of facilities for the access, parking, turning, manoeuvring, loading and unloading of all vehicles using the site have been submitted to and been approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. Such arrangements shall provide satisfactory accommodation for the vehicles of staff and visitors. These facilities shall be provided, laid out, hard surfaced and drained in accordance with the details so approved before the development is first brought into use unless otherwise approved by the Local Planning Authority. Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times. (Alma Weir only).

NOTE: The parking standards are set out in the North Yorkshire County Council publication "Parking Design Guide". 18 CB05A BUNDING OF TANKS 18 Prior to the commencement of the development at Fisher Green details of the road hump and garden access improvements on Priest Lane shall be submitted to and approved by the Local Planning Authority in consultation with the Local Highway Authority. The approved passing places shall be provided and made available for use prior 20 CB19 NO DISCHARGE TO GROUND WATER OR S WATER 20 Prior to the commencement of the development at Fisher Green details of the proposed road raising, footway alterations and road hump on River View Road shall be submitted to and approved by the Local Planning Authority in consultation with the Local Highway Authority. 22 Prior to the commencement of any works on any phase, a settlement facility for the removal of suspended solids from surface water run-off during construction works shall be provided in accordance with details previously submitted to and approved in writing by the local planning authority. The approved scheme shall be retained throughout the construction period for that phase. 23 Prior to commencement of the Laver Flood Storage site details of a proposed planting scheme covering 1ha in Field 'H' shall be submitted to and approved in writing by the local planning authority. The planting scheme shall be carried out in accordance with the approved details during the first planting season after the completion of the embankment.

Reasons for Conditions:-

1 CA053 DEVELOPMENT SHALL BE BEGUN BEFORE 3 YRS 2 CC01R ACCORDANCE WITH DRAWINGS

3 In order to facilitate the phased development of the site. 4 CP02R THE SITE IS OF ARCHAEOLOGICAL IMPORTANCE 5 CL01XR SAFEGUARD RIGHTS OF CONTROL/AMENITY 6 CL02R SAFEGUARD RIGHTS OF CONTROL/AMENITY 7 CL02XR SAFEGUARD RIGHTS OF CONTROL/AMENITY 8 CL03XR SAFEGUARD RIGHTS OF CONTROL/AMENITY 9 CL04R SAFEGUARD RIGHTS OF CONTROL/AMENITY 10 CL11R PROTECTION OF TREES DURING DEVELOPMENT 11 HW10R ROAD SAFETY REQUIREMENTS 12 HW26R ROAD SAFETY REQUIREMENTS 13 HW27R ROAD SAFETY REQUIREMENTS 14 HW28R ROAD SAFETY REQUIREMENTS 15 HW32R TO PROTECT THE RIGHT OF WAY 16 HW12R ROAD SAFETY REQUIREMENTS 17 HW15R ROAD SAFETY REQUIREMENTS 19 CB05AR PREVENT POLLUTION OF WATER ENVIRONMENT 19 HW27R ROAD SAFETY REQUIREMENTS 21 CB19R TO PREVENT POLLUTION OF WATER ENVIRONMNT 21 HW27R ROAD SAFETY REQUIREMENTS 22 To prevent pollution of the water environment 23 In the interests of nature conservation

INFORMATIVES

1 Trees on the site to which this permission relates are subject to a Tree Preservation Order or within a Conservation Area, and may not be lopped, topped or felled without the prior written consent of the local planning authority. 2 The excavation of the borrow pits at Birkby Nab will require a separate planning permission from North Yorkshire County Council. 3 A public right of way crosses the site to which the permission relates. The grant of planning permission does not entitle the developers to obstruct the public right of way. Development should not be started, and the right of way should be kept open for public use, until the necessary order under Section 247 or 257 of the Town & Country Planning Act 1990, for the diversion of the right of way has come into effect.