Case No. 18/02964/RG3 Item No. 02

Location: Land Adjacent To 14 Wharfe View, Kirkby Overblow, , North , HG3 1HN

Proposal: Demolition of existing garages and erection of two dwellings and associated parking.

Applicant: Harrogate Borough Council

Access to the case file on Public Access can be found here:- view file

Reason for report: This application is to be presented to the Planning Committee because it is an application for new dwellings by Harrogate Borough Council.

SUMMARY

There would be public benefit through the provision of affordable housing in Kirkby Overblow. The redevelopment of this previously developed land would not cause substantial harm to the openness of the Green Belt, nor detrimentally affect the character and appearance of the area. Existing levels of residential amenity will be safeguarded and additional car-parking is proposed to compensate for the loss of the garages.

The proposal accords with the three overarching objectives of sustainability, set out in the National Planning Policy Framework, along with the Core Strategy policies in the Harrogate District Local Plan Development Framework (adopted 2009) and the saved policies in the Harrogate District Local Plan (2001, as altered 2009). There are no other material considerations in this instance that warrant setting aside local planning policies.

RECOMMENDATION: Approve subject to conditions

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1.0 SITE DESCRIPTION

1.1 Wharfe View comprises semi-detached houses and bungalows, located on the edge of Kirkby Overblow, within the statutory Green Belt. The application site comprises a row of six, flat roofed garages with an area of tarmac, located adjacent to 14 Wharfe View. The site is bounded by open fields to the north, a group of trees to the immediate east and recreational open space to the south.

2.0 PROPOSAL

2.1 The proposal is to demolish the existing row of six garage and construct a pair of semi-detached dwellings with parking spaces. The new properties would become part of Harrogate Borough Council’s housing portfolio and be subsequently managed by the Council.

2.2 Following concerns raised by the parish council and local residents at the loss of parking, the submitted scheme has been amended to incorporate the provision of a layby capable of accommodating five cars, on land opposite no.9 and 10 Wharfe View. This revised proposal has been re-advertised by the posting of further site notices, and the parish council has been re- consulted.

3.0 APPLICANT'S SUPPORTING INFORMATION

 Design and Access Statement.

 Contaminated Land Assessment.

 Biodiversity Checklist and Ecological Study.

 Housing waiting list for Lower Area.

4.0 RELEVANT HISTORY

4.1 No recent or relevant site history.

5.0 NATIONAL & LOCAL POLICY

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5.1 National Planning Policy

National Planning Policy Framework, July 2018.

5.2 Core Strategy

Policy SG1 Settlement Growth: Housing Distribution Policy SG2 Settlement Growth: Hierarchy and limits Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt Policy SG4 Settlement Growth: Design and Impact Policy EQ1 Reducing risks to the environment Policy EQ2 The natural and built environment and green belt Policy C1 Inclusive communities

5.3 Harrogate District Local Plan (2001, As Altered 2004)

Policy H5 Affordable Housing Policy HD13 Trees and Woodlands Policy HD20 Design of New Development and Redevelopment Policy C2 Landscape Character Policy R11 Rights of Way

5.4 Supplementary Planning Documents

House Extensions and Garages Design Guide Residential Design Guide Landscape Character Assessment of Harrogate District Housing waiting list for the Lower Wharfedale Area.

5.5 Other material policy considerations:

5.6 Planning Practice Guidance

6.0 CONSULTATIONS

6.1 NYCC Highways And Transportation - No response has been received

6.2 Estates Manager - No comments received.

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6.3 Health and Safety Executive - Does not advise, on safety grounds, against the granting of planning permission.

6.4 National Grid Plant Protection (JRC Respond) - Has no objection to the proposal.

6.5 EHO Contaminated Land - Recommends conditions relating to reporting unexpected contamination and provision of an electric vehicle charging point.

6.6 Yorkshire Water - No response has been received.

7.0 VIEWS OF THE PARISH COUNCIL

7.1 Kirkby Overblow Parish Council do not object, or support the application but comment: “Whilst the Parish Council fully supports the principle of affordable housing for local community needs there is no information in this application as to how this could work. The Design and Access Statement simply says ‘the new properties would become part of HBC housing portfolio and subsequently managed by HBC. The Parish Council would like to see some more detail as to how this proposal might benefit local people to get on the ladder/starter homes.

The existing garages occupy an elevated position with views to the front over the Wharfe valley and to the back towards Hambleton hills. Any development on this site could have an impact on the openness of the Green Belt. The proposal is for a pair of two storey semi-detached dwellings, whilst the closest Council properties at Wharfe View are bungalows. It is considered this would not have a uniform affect although bungalow alternatives would presumably need a larger footprint and it is doubted whether this is possible on this site.

The proposal would cause a loss of existing car parking spaces for Wharfe View residents and council tenants. The large tarmac area to the front of the garages is extensively used for parking. This would be lost. There is no alternative car parking provision at this stage.”

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8.0 OTHER REPRESENTATIONS

8.1 Four objections have been received from local residents, raising the following issues:

Loss of car parking and turning facilities and the ability for existing residents to park their cars.

Provision should be made for the loss of parking and considered in the plans.

There is a right of way from the public footpath behind the houses on Wharfe View which passes down the side of no.14. This right of way has been in use for more than 12 years and would be blocked by the proposed plans.

9.0 ASSESSMENT

9.1 The main issues for consideration under this application are as follows:

i. Housing Land Supply ii. Green Belt. iii. Character and Appearance. iv. Amenity-impact on existing and proposed residents. v. Highways. vi. Land contamination.

9.2 Sustainability

9.3 The National Planning Policy Framework, July 2018, sets out the Government’s planning policies for and how these should be applied. At the heart of the Framework is a presumption in favour of sustainable development. Achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways. The three sustainable objectives are economic, social and environmental.

9.4 SOCIAL SUSTAINABILITY

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9.5 Housing Land Supply

9.6 The application is for the erection of two affordable housing units, one 2 bedroom unit and one 3 bedroomed property. The Housing Department has advised that there are currently 95 applicants on the waiting list for 2 bedroomed properties for the Lower Wharfedale sub area, and 60 applicants on the waiting list for 3 bedroomed houses.

9.7 The Council’s Housing and Economic Development needs assessment (HEDNA) provides information on objectively assessed housing need. This document concludes that there is a requirement for 669 dwellings per annum to meet the needs of the district.

9.8 The Framework requires local planning authorities to identify and update annually a supply of specific deliverable sites sufficient to provide a minimum of five years’ worth of housing against their housing requirement with appropriate buffer. Where an authority cannot demonstrate a five year supply of housing land, policies relating to the supply of housing land are rendered out of date (Paragraph 11d, footnote 7). Instead, housing application should be assessed under paragraph 11 of the Framework and the presumption in favour of sustainable development with permission granted unless policies in the Framework provide a clear reason for refusing the development proposed or any adverse impacts would significantly and demonstrably outweigh the benefits.

9.9 The July 2018 Housing Land Supply Update has been completed (the full review can be viewed on the Council website). This shows that the council has a 5.02 year supply, meaning that paragraph 11 of the Framework, and the presumption in favour of sustainable development, is not automatically triggered. However, the supply position is marginal and it will be important to take steps to maintain it. Moreover, only limited weight can be attached to Core Strategy Policies SG1, SG2 and SG3 as these policies were based on a housing target that is now out of date.

9.10 The proposal would provide much needed affordable housing within Kirkby Overblow, the Housing Department have provided details of the waiting lists

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for Council property within the Lower Wharfedale sub area, which identify a clear need for the accommodated proposed. The housing officer has also advised that the properties will be for rent and that priority can be given through the points based allocations systems to those with a local connection to Kirkby Overblow and its sub area (parish and adjoining area). The construction of social housing will provide public benefit and conform with the social role of sustainability.

9.11 ENVIRONMENTAL SUSTAINABILITY

9.12 Green Belt

9.13 The site lies within the statutory Green Belt, where there is a general presumption against inappropriate development. The Framework advises, in paragraph 143, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Further stating, in paragraph 144, ‘very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness and any other harm is clearly outweighed by other considerations.

9.14 The Framework advises, in paragraph 145 that a local planning authority should regard the construction of new buildings as inappropriate in the Green Belt. There is, however, a closed list of exceptions to this which include;

- limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use which would:

- not have a greater impact on the openness of the Green Belt than the existing development, or

- not cause substantial harm to the openness of the Green Belt where the development would use previously development land and contribute to meeting an identified affordable housing need within the area of the local planning authority.

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9.15 The application site is currently occupied by a row of garages and would therefore constitute previously developed land under the terms of paragraph 145 of the Framework. The proposed dwellings will occupy a larger footprint than the existing garages and be of greater size, scale and volume.

9.16 Paragraph 133 of the Framework advises that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open, the essential characteristics of Green Belts are their openness and permanence. In that the proposed development would occupy a larger footprint than the existing garages and be of greater bulk and volume, the additional built development would result in the proposal having a greater effect on the openness of the Green Belt.

9.17 However, having regard to the scale of the proposal and its location adjacent to the established residential built form of the existing properties, it is considered that the loss of openness would be moderate.

9.18 As the proposal would not result in substantial harm to the openness of the Green Belt the development accords with paragraph 145(g) of the Framework along with Policy EQ2 of the Core Strategy, which seeks to ensure that the high quality natural environment in the Green Belt is protected.

9.19 Character and Appearance.

9.20 The Framework advises, in paragraph 124, that the creation of high quality buildings and places is fundamental to what the planning and development process should achieve. The Framework further states that good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities.

9.21 Wharfe View lies on the edge of Kirkby Overblow and comprises a mixture of bungalows and semi-detached houses.

9.22 The construction of a pair of semi-detached houses would extend the residential built form, however, given that the site is confined to that currently occupied by the garages and does not extend into the adjacent open land, in

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visual terms the dwellings will appear as a modest extension to the existing pattern of development. The design of the houses are simple in form and reflect the scale and proportions of the existing semi-detached properties in Wharfe View. Three small trees will be removed from the site, the housing officer has sought advice from the Council’s Arboricultural Officer who has no objection. Replacement trees will be planted within the existing open space.

9.23 Taking into consideration the siting of the dwellings, their scale and design, it is concluded that the proposal would not detrimentally affect the character and appearance of the area. In this regard the proposal accords with saved Policies C2 and HD20 of the Local Plan and Policy SG4 of the Core Strategy, which collectively seek to ensure that development respects local distinctiveness and is appropriate to the form and character of the settlement and landscape character.

9.24 Amenity-impact on existing and proposed residents.

9.25 The Framework advises, in paragraph 127(f), that planning decisions should ensure that development creates places with a high standard of amenity for existing and future users.

9.26 The houses are located adjacent to no.14 Wharfe View, a bungalow, and the gable of plot 1 projects beyond the side elevation of this existing property. Whilst directed at extensions to dwellings, the House Extensions and Garages Design Guide (September 2005), provides advice on the recommended distance development should project beyond neighbouring houses, in order to safeguard existing levels of amenity and privacy, these separation distances are equally applicable and relevant to new residential development. Plot 1 is located 6metres from the rear elevation of no.14 Wharfe View and would project 6metres beyond this, which would accord with the recommendations of the design guide. In this regard, the two storey gable of Plot 1 would not have an overbearing or enclosing impact on the rear windows or garden of 14 Wharfe View. A first floor landing window is proposed in the side elevation of Plot 1, given that this will be located approximately 3 metres from the garden of no.14 Wharfe View, it is

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considered that this could potentially create the feeling of overlooking and in this regard it is reasonable to condition that this window is obscure glazed.

9.27 The proposed dwellings have been afforded an appropriate level of private amenity space, and the housing officer has advised that the Council is ensuring that all its new dwellings meet the nationally prescribed space standards so as to ensure that all new houses built by the Council are fit for the future and provide a good quality internal environment.

9.28 The proposal, on this particular issue, therefore accords with saved Policy HD20 of the Local Plan and Policy SG4 of the Core Strategy, which seek to protect, and where possible enhance, residential amenity.

9.29 Highways.

9.30 Concern has been raised by the parish council and local residents at the loss of the existing parking spaces that would result from the proposed development.

9.31 The Framework, in paragraph 128, requires applicants to take account of the views of the community, and to address this concern it is intended to construct a layby opposite no.9 and 10 Wharfe View, which is capable of accommodating five vehicles. It is considered that this adequately compensates for the loss of parking to the front of the existing garages. Parking spaces are proposed within the application site to serve the proposed dwellings.

9.32 A local resident has raised concern that the development will block a right of way. However, there is no existing public right of way through the site that would be affected.

9.33 Land Contamination.

9.34 The applicant has submitted a Phase 1 Contaminated Land Risk Assessment. The Area Environmental Health Officer advises that the report has identified that the site is low risk by in view of there being the potential for made ground to be on site, and in case of other issues, the report recommends a watching brief. The Area Environmental Health Officer agrees with this

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approach and recommends a condition relating to reporting unexpected contamination.

9.35 It is also recommended that the development incorporates facilities for the charging of electric vehicles and other ultra-low emission vehicles to aid in improving air quality in accordance with advice contained within the Framework.

9.36 It is concluded that the redevelopment of this previously developed land would not cause substantial harm to the openness of the Green Belt, nor detrimentally affect the character and appearance of the area. Existing levels of privacy will be safeguarded and there will be no detriment to highway safety. The development therefore accords with the environmental role of sustainability, which seeks to safeguard the character and appearance of the natural and built environment.

9.37 ECONOMIC SUSTAINABILTY

9.38 The proposal would contribute economically by providing employment and the provision of materials during the construction phase, and the future occupants would help sustain local facilities. Moreover, there would be public benefit through the construction of two affordable housing units.

9.39 The development would therefore contribute to economic sustainability.

10.0 PLANNING BALANCE & CONCLUSION

10.1 The construction of affordable housing in Kirkby Overblow will provide public benefit and make a modest contribution to maintaining the Council’s 5 year housing land supply, conforming with the social role of sustainability.

10.2 The redevelopment of this previously developed land would not cause substantial harm to the openness of the Green Belt. Nor would its size, scale and design detrimentally affect the character and appearance of the settlement. The level of residential amenity currently afforded to neighbouring residential property will be safeguarded, and an appropriate

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level of privacy and garden area has been afforded to the future occupants. Additional car-parking is proposed to compensate for the loss of the existing garages and this will ensure that sufficient on-street parking is provided and available for local residents. The development therefore accords with the environmental role of sustainability, which seeks to safeguard the character and appearance of the natural and built environment.

10.3 The proposal would contribute economically by providing employment and the provision of materials during the construction phase, and the future occupants would help sustain local facilities. The development would therefore contribute to economic sustainability.

10.4 The proposal accords with the three overarching objectives of sustainability, as set in the National Planning Policy Framework, along with saved policies C2 and HD20 of the Harrogate District Local Plan and policies SG4 and EQ2 of the Harrogate District Core Strategy DPD, which seek to ensure that the high quality natural environment in the Green Belt is protected, that development is appropriate to the form and character of the settlement and protects residential amenity.

11.0 RECOMMENDATION

11.1 That the application be APPROVED subject to conditions:

1. The development hereby permitted shall be begun on or before .

2. The development hereby permitted shall be carried out in strict accordance with the following drawings:

Proposed Site Plan: KO- 05

Proposed Additional Parking: KO-09 Rev.A

Proposed Floor Plans: KO-07

Proposed Elevations: KO-06

3. No development of a building shall take place until samples of the external roof and wall facing materials have been submitted to and approved by the local planning authority in writing. The relevant works

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shall be carried out in accordance with the approved sample details prior to the occupation of the development and thereafter maintained.

4. Prior to the first occupation of Property 1, the first floor landing window shall be obscure glazed to level 3 or higher of the Pilkington scale of privacy or equivalent and that level of glazing shall thereafter be retained.

5. No development of a building shall take place until additional car parking has been provided in strict accordance with the approved plan: Proposed Additional Parking: KO-09 Rev.A. Thereafter the parking shall be retained and maintained.

6. Prior to the first occupation of the development hereby permitted, parking spaces shall be provided in strict accordance with the approved drawing: Proposed Site Plan: KO-05, and shall thereafter be maintained.

7. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it shall be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment shall be carried out and where remediation is necessary a remediation scheme shall be prepared and submitted. Following completion of measures identified in the approved remediation scheme a verification report shall be prepared and submitted for the written approval of the Local Planning Authority.

8. Prior to the occupation of the development hereby approved, the infrastructure for electric charging points shall be installed and thereafter maintained.

9. Prior to the construction of the foundations of the development hereby permitted, details of the proposed scheme for surface water drainage shall be submitted and approved by the local planning authority in writing, thereafter development shall be carried out in accordance with the approved scheme.

Reasons for Conditions:-

1. To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990.

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2. For the avoidance of doubt and in the interests of proper planning.

3. In the interests of visual amenity and to safeguard the character and appearance of the area.

4. In the interests of privacy and residential amenity.

5. To ensure that sufficient car-parking is provided for the existing residents of Wharfe View during construction of the approved dwellings and following their completion and occupation.

6. To ensure adequate parking facilities are provided and maintained for the occupants of the dwellings.

7. 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.

8. In the interests of air quality in accordance with guidance set out in the National Planning Policy Framework, paragraph 110(e).

9. To ensure that the development can be properly drained without harm to the local environment.

In the event of any changes being needed to the wording of the Committee's decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Chief Planner has delegated authority to do so in consultation with the Chairman of the Planning Committee, provided that the changes do not exceed the substantive nature of the Committee's decision.

Case Officer: Gillian Pinna-Morrell Expiry Date: 7 November 2018

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