HARROGATE BOROUGH COUNCIL PLANNING REFERRAL COMMITTEE – AGENDA ITEM 5 DATE: 16 May 2017
PLAN: CASE NUMBER: 16/04604/OUT GRID REF: EAST 433786 NORTH 471280 APPLICATION NO. 6.33.61.A.OUT DATE MADE VALID: 19.10.2016 TARGET DATE: 14.12.2016 REVISED TARGET: 19.05.2017 CASE OFFICER: Mr Andy Hough WARD: Newby
VIEW PLANS AT: http://uniformonline.harrogate.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=OFAYIAHYJZV00
APPLICANT: Mr Stephen Dale
AGENT: Mr Mark Sturgess
PROPOSAL: Outline application for the erection of 5 dwellings with access and layout considered (Site Area 0.28). Amended Scheme.
LOCATION: Land At Grid Reference 433786 471280 Back Lane Copt Hewick North Yorkshire
REPORT
This application was referred to planning committee by the Local Ward member Cllr Nick Brown due to concerns regarding drainage.
The application was considered by planning committee on 25th April 2017. Members of the planning committee resolved to REFUSE the application on the grounds that the economic, social and environmental benefits were not great enough to outweigh the harm by way of the development being in an unsustainable location on a greenfield site adjacent to a village that lacked services.
OFFICER REPORT The application site is located to the northern side of Back Lane, Copt Hewick on land that forms part of a larger agricultural field . The site extends to some 0.28hectares in area and is bound to the south and east by residential property situated on Back Lane and Vale View, respectively. To the north and west of the site is the remaining agricultural field, that is set within a rolling landscape. The application site is raised in respect of Back Lane and is set at a higher level than the residential units situated on Back Lane. The general topography is such that land rises in a general north eastern direction. The residential units on Vale View are thus also at a higher level than the application site. The site is adjacent but lies outside the built up confines of the village. The residential units on Vale View that immediately abut the application site are of single storey construction. Dwellings opposite the site on Back Lane are of two storey construction, although there is a bungalow to the south west , known as Hill View.
A Public Right of Way (PROW) is located to the south eastern corner of the site. An intermittent hedgerow fronts the site along Back Lane.
The application is submitted in outline form with access and layout considered as part of the submission. All other matters are reserved for subsequent approval.
The submitted layout indicates 5 residential units comprising of two pairs of semi-detached dwellings and a detached unit at the eastern end of the site (adjacent to Vale View). Access was originally proposed to be taken from Back Lane towards the south western corner of the plot forming a small cul de sac with turning head at the eastern end of the site. The layout indicates that the route of the PROW is to be retained along the eastern boundary of the site with a realigned footpath to the site frontage.
Following concern regarding the location of the detached unit in relation to Vale View and impact of the cul de sac upon the overall character of Back Lane, an amended layout was submitted. The 5 units are now accessed via independent access drives with alterations to the siting of the units. The siting of the units have been amended so as to provide greater separation distance between the end unit and the bungalows situated on Vale View. The units have also been brought forward into the plot, so as to provide a frontage to Back Lane.
MAIN ISSUES (1) Land Use /Principle (2) Visual Impact (3) Highway Safety (4) Residential Amenity (5) Other Matters
RELEVANT SITE HISTORY None
CONSULTATIONS/NOTIFICATIONS Housing Department In May 2016 National Planning Policy Guidance on affordable housing thresholds changed and we can no longer look to provide affordable homes on schemes of 5 dwellings or below, and can only request a commuted sum on schemes of 6-10 dwellings, or if any scheme (whatever the total number of units) goes above 1000 square metres in designated rural areas.
If the scheme goes over 1000 square metres at reserved matters stage please apply planning condition for the commuted sum payment.
The SHMA 2015 identifies a need for 313 affordable units per annum in the Harrogate District. H.B.C Land Drainage Does not object to nor support the proposal .
The planning application states surface water disposal to main sewer. However, according to Yorkshire Water sewer records the closest surface water sewer is situated at the road junction with Vale View. Yorkshire Water is unlikely to grant permission for the discharge of surface water to the public sewer network until other means of disposal have been investigated such as infiltration drainage. Consequently, you should request the applicant to provide trial hole & soil infiltration test results, which comply as a minimum with those outlined in BRE Digest 365 dated September 1991 or other approved methodology. Should ground conditions not be suitable for infiltration techniques, Yorkshire Water should be consulted regarding discharge of surface water via the public sewer network including rates of discharge, on site storage requirements & outfall location.
I would not recommend that any planning consent is granted until the surface water drainage strategy has been agreed in principle with the LPA & Yorkshire Water
Estates Manager No objection
Yorkshire Water No objection subject to conditions
Chief Building Control Officer No Comments received
Environmental Health No objection subject to the imposition of conditions.
Parish Council See representations
Principal Ecologist No comments received at the time of writing this report
NYCC Highways And Transportation No objection subject to the imposition of conditions
Landscape Officer Appropriate planting mitigation to assimilate the development into the surrounding landscape over time should be considered
Conservation and Design Section See assessment
RELEVANT PLANNING POLICY NPPF National Planning Policy Framework LPA07 Harrogate District Local Plan (2001, as altered 2004) Policy A7, Unstable Land LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPR11 Harrogate District Local Plan (2001, as altered 2004) Policy R11, Rights of Way LPC02 Harrogate District Local Plan (2001, as altered 2004) Policy C2, Landscape Character CSSG1 Core Strategy Policy SG1 Settlement Growth: Housing Distribution CSSG2 Core Strategy Policy SG2 Settlement Growth: Hierarchy and limits CSSG3 Core Strategy Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt CSSG4 Core Strategy Policy SG4 Settlement Growth: Design and Impact CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt SPGRES Supplementary Planning Guidance, Residential Design Guide SPDHSE Supplementary Planning Document: House Extensions and Garages Design Guide LPH05 Harrogate District Local Plan (2001, as altered 2004) Policy H5, Affordable Housing CSC1 Core Strategy Policy C1: Inclusive communities
APPLICATION PUBLICITY SITE NOTICE EXPIRY: 31.03.2017 PRESS NOTICE EXPIRY:
REPRESENTATIONS HEWICKS AND HUTTON PARISH COUNCIL
The Parish Council objected to the application as originally submitted on the 29th November 2016 and again to the amended plans on 22 March 2017 (see application file).
The Parish Council Objected to the initial submission on the following grounds:
Copt Hewick is a smaller linear village with some 70 houses on two lanes. There are limited facilities- a church and a village hall. There is no shop, pub, school and public transport is limited to 2 buses a day (1 in, 1 out) which has been under threat. There are no footpaths linking the village to other settlements. The roads in and out of the village are single track with passing places.
In the last 18 months the development of 8 new dwellings has occurred within the village boundary as infill representing an increase of 12%. Five are under construction - a development within the boundary which was welcomed by residents. Two additional properties are still on the market for sale. Other properties coming onto the market in the village have proved slow to sell and there are currently 3 more for sale, totalling 5.
A Parish Meeting was held on 28th November attended by 45 residents to discuss this application on green field land. A vote was taken which was unanimous against the development. Total votes against 50 (incl. proxy votes). The rejection was based on the following:
• Under Core Strategy SG2, Copt Hewick is not identified as a settlement which would support growth. Para 329 states "those settlements not listed in A, B or C should not accommodate new market housing apart from suitable conversion of existing buildings" • Under Core Strategy SG2, the applicant argues that this development would help to support facilities of nearby villages. The developments within the village over the last 18months have already contributed to these facilities. In addition, further development of housing is earmarked in the near future for Sharow and Dishforth. The nearest primary school to Copt Hewick is Sharow, which has full intake. There is no pedestrian access to facilities in any neighbouring village or community. • Under Core Strategy SG3, this site is outside of the confines of village and by definition lies within a countryside location. Policy SG3 seeks to provide strict control over development in the countryside Under Para 344 "Loss of Greenfield Land" it states "whether it is open space valued for its amenity or recreation use, or farmland adjacent to a settlement's built up area, it should not be lost unless there are good planning reasons to justify the proposed development. " The Parish Meeting agreed there were no justified reasons. • Under Core Strategy SG4, Settlement Growth: Design and impact it states "the travel impact of any scheme should not add significantly to any pre-existing problems of access road safety or traffic flow". Section 3.43 states "development with an adverse effect on visual, residential and general amenity would be resisted". These concerns were aired at the Parish Meeting. The access road to the development is narrow, single track, subject to flooding from run-off water from the fields above and blocked drains (Highways have been aware of these problems for many years and have no solution because run-off water cannot be taken away adequately resulting in perennial flooding. • It is considered that the environmental impact would adversely affect the visual impact and landscape of the village. In addition, it would not add any economic benefit to the community.
There are no material considerations to support the scheme and the Parish Council and residents of Copt Hewick strongly oppose this development on green field land.
FOLLOWING RECEIPT OF AMENDED PLANS THE PARISH COUNCIL REITERATE THEIR OBJECTION HIGHLIGHTING:
The Parish Council would like to add the following comments in response to the amendments to the plan and in addition to its response to the original application:
• The site has been reduced by 10m in depth and as a result the semi-detached houses have been moved forward by 10m nearer to the lane and opposite existing houses. As the development is on a much elevated site, residents opposite on Back Lane strongly object to being overlooked. • Back Lane is a narrow single carriageway lane with no availability for on-street parking. The Parish Council have concerns regarding the lack of visitor parking facilities. •Since the Parish Council's response to the initial application, much correspondence has been posted on HBC public portal regarding the drainage of this elevated site and implications of further flooding in the village. The almost perennial problem of serious flooding in the village of run-off water, field drainage and overloaded sewerage (which receives run-off water in heavy rain) is a well-known fact to residents and to the authorities. This is a problem unique to Copt Hewick due to the topography of the area and the complex and old drainage system. It is a problem that cannot be resolved.
•To reiterate, Copt Hewick has provided an extra 12% of housing stock within its boundaries over the last 18 months, 5 of which are still to be built. It is not a sustainable village and is not included in the Draft Local Plan for extra housing. This is a development for development sake to no benefit to the village, it has an adverse effect on the visual impact and landscape of the village.
OTHER REPRESENTATIONS 16 letters of objection on the following grounds:
The small village of Copt Hewick can accept no further development, the infrastructure does not support it, nor is it in the interests of the existing inhabitants. Development is on agricultural land outside the village
Problems locally with drainage and flooding , existing systems are at capacity.
Copt Hewick is a small village not identified for development growth in the Core Strategy.
Access to the village is by three narrow lanes with only informal passing places. The proposed extra housing will only exacerbate congestion and make the junction with Straight Lane more dangerous.
The village has seen considerable development in recent years, with the completion of Corner Farm site, the number of houses will have increased by 20%.
Views of Ripon Cathedral will be lost.
The development would not be in keeping with the village.
Problems of overlooking have not been addressed.
The village has poor public facilities, there is no school, post office, public house and the bus service is nearly non -existent.
Adverse impact on the public footpath.
Loss of the embankment to Back Lane will result in loss of character. Set a precedent for development on the remainder of the field. Loss of Green Belt land
FOLLOWING RE-ADVERTISEMENT OF THE APPLICATION FOLLOW THE RECEIPT OF AMENDED PLANS 11 FURTHER LETTER OF REPRESENTATION WERE RECEIVED ON THE FOLLOWING GROUNDS:
In addition to the representations already received.
The supporting statement referenced economic benefit to the pub in Sharow, this is now closed.
The new drive layout shows tandem parking, with no provision for visit parking.
Loss of productive agricultural land. Ridiculous to have storm water attenuation tank next to the village substation. The development will simply be the beginning of a large estate on much needed arable land and the complete destruction of a Yorkshire village.
ASSESSMENT OF MAIN ISSUES
(1) LAND USE /PRINCIPLE Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise.
The relevant development plan for the consideration of this pre-application comprises the Harrogate District Core Strategy (CS) and the Harrogate District Local Plan: Saved Policies. The Harrogate District Core Strategy (Core Strategy) was adopted on 11th February 2009, superseding a number of policies of the Harrogate District Local Plan, and forms part of the Local Development Framework, setting out the vision and the strategic policies for development and conservation in the Harrogate District up to at least 2021.
The Harrogate District Local Plan (HDLP) - The HDLP was adopted February 2001 and incorporates the Selective Alteration to the Local Plan adopted May 2004. The above documents contain the relevant planning policies listed in the report, and are also supported by Adopted supplementary planning documents.
The National Planning Policy Framework March 2012 (NPPF) sets out the Government’s planning policies for England and how these are expected to be applied. Planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework is a material consideration in planning decisions.
This site lies outside the built up confines of the village and beyond the proposed draft development limit in the emerging Local Plan. In planning policy terms and under the definition contained within Core Strategy Policy SG3, the location is considered to fall within open countryside, in which there is normally strict control over development.
In line with national planning policy, the Council is seeking to increase the supply of housing within the district, whilst ensuring a high quality of design. Paragraph 58 of the National Planning Policy Framework seeks to achieve this through a number of measures including the requirement to ensure that developments optimise the potential of sites to accommodate development. In line with this, proposals for new housing development should seek to ensure that scheme layouts utilise land efficiently.
The council’s Strategic Housing Market Assessment (SHMA), published June 2016, provides information on objectively assessed housing need. This indicates an annual requirement of 557 dwellings over the period 2014-2035. An updated housing supply position of 1 January 2017 to reflect the SHMA requirement has concluded that there is a 4.95 year supply of housing land, including a 20% buffer.
The National Planning Policy Framework (NPPF) requires that housing applications to be considered in the context of the presumption in favour of sustainable development. Paragraph 49 of the NPPF requires that housing applications are considered in the context of the presumption in favour of sustainable development which is embodied at paragraph 14 and states that where a development plan is absent, silent or out of date, planning permission should be granted unless any impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the framework as a whole or specific policies in the framework indicate development should be restricted
In the absence of a 5 year housing land supply, paragraph 14 of the NPPF is applicable in consideration of this proposal.
Core Strategy Policy SG1 identifies where the main settlement growth would be expected to take place within the District, identifying the major settlements as the main focus for growth. Core Strategy Policy SG2 identifies those settlements that would support sustainable growth, although the reference to development limits can only carry limited weight, as in order to maintain a 5 year housing land supply it is necessary to consider sites that currently fall outside of the previously identified limits. Copt Hewick was not identified as a settlement that could support growth under the policy.
All settlements can play a role in delivering sustainable development. Paragraph 55 of the NPPF advises that although isolated new homes in the countryside should be avoided, to promote sustainable development in rural areas housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. The site is located adjacent to the village and as such cannot be considered to lie within an isolated location
Core Strategy Policy SG3 seeks to provide strict control over development in the countryside, whilst Policy SG4 seeks to ensure new development is well integrated and complimentary to the spatial quality of the area and be appropriate to the form and character of the settlement and/or landscape character, ensuring that visual and general amenity should be protected and where possible enhanced.
The site is located outside the established built up confines of the village and by the definition contained with Policy SG3 is considered to lie within a countryside location. Only limited weight can be attached to Policy SG3 as in order to maintain a 5 year housing land supply it will be necessary to allocate sites that are located outside of development limits.
The village has some community facilities (albeit limited to a village hall, which is advertised as a licenced premises and church) and there is a bus stop in close proximity to the site. Development of the site for housing could therefore be considered to be sustainable development for the purposes of paragraph 14 of the NPPF. The scheme will help provide some economic benefit during the construction phase and following occupation. In terms of the social aspect of the development the proposal would make a contribution, albeit small, to housing land supply, whilst also contributing towards the smaller end of the housing market as identified within the SHMA. Environmentally there is some loss of the existing rural character at the end of the village. This is capable of mitigation as reflected within the landscape officers comments
In terms of sustainability the site has access to limited facilities (village hall and chapel) but may help support the facilities in surrounding villages. In this respect it is noted that Dishforth supports a primary school and public houses. Copt Hewick does have a limited public transport service and a bus stop is located near to the site. The support generated by five dwellings would be limited and there is no evidence that these facilities would be under threat in the absence of this development. Nevertheless, this factor does provide a limited amount of weight in favour of the proposal. The development would also have an economic benefit during the construction period and thereafter towards supporting the existing facilities both within the village and nearby. This would be limited due to the small number of dwellings proposed, but nevertheless this factor again provides a limited amount of weight in favour of the proposal, together with the social aspect of the mix of housing proposed. These positive impacts will need to be assessed against any environmental impact of the scheme upon the visual impact and landscape setting of the village.
The remainder of this report considers whether any significant specific material considerations exist in respect of this application that would warrant refusing planning permission for this development.
In relation to objections received from residents the site is not located within Green Belt and the amended plans have attempted to integrate the proposal into the village by deletion of the cul de sac entrance, retention of private parking and turning areas within the site and through re-positioning of the units to maintain amenity of existing residents.
Affordable Housing
Copt Hewick lies within a ‘Designated Rural Area’ for the purpose of affordable housing provision. A development of 11 or more dwellings would require the provision of affordable housing on site, at a rate of 40%. A development of between 6 and 10 dwellings, or combined gross floorspace of more than 1000 sq. m, would require a contribution to affordable housing provision through payment of a commuted sum. The site falls below the threshold of affordable housing provision, although it is noted that there is no discernible boundary separating the identified site from the remainder of the field. Any future application on part of the remaining site would be considered against the provisions of the Harrogate Borough Council’s Planning Guidance: Negotiating Affordable Housing Contributions November 2015, which identifies at paragraph 5.5 Planning applications for development which forms part of a more substantial proposed development, on the same or adjoining land will be treated as an application for the whole development. This also applies if the development is proposed in phases, with later phases having to fulfil affordable housing requirements from previous phases, if this has not been adequately provided for.
As the scheme is for 5 dwellings there would be no requirement for any contributions towards affordable housing provision provided that the floor area is less than 1000sqm. As an outline application, with layout considered, there are no definitive floor plans provided for determination. The dwellings indicated do however fall below the 1000sq m threshold (approx. 575sqm).
Housing Mix
On 15 July 2015, the Council approved an interim policy on Housing Mix. However, a legal challenge meant that the Council will not be relying on this interim policy in respect of the determination of applications so far as housing mix is concerned.
However, the Council has a responsibility in discharging its planning responsibilities to create sustainable, inclusive and mixed communities; meeting housing needs of the District in line with the requirements set out in NPPF. In order to achieve this, the Council will seek to secure, through negotiation, an appropriate mix of dwelling sizes on site. In coming to a conclusion on this, evidence on the requirements for different sizes of homes set out in the 2015 document Strategic Housing Market Analysis (SHMA) will be an important material consideration. Based on the evidence in the SHMA the Council will expect the focus of new market housing to be on the provision of two and three bedroom properties. Where a proposal represents a significant departure from this, applicants will be expected to provide strong, substantiated evidence to justify this.
Although submitted in outline form the layout does indicate a mix of house sizes to include two 2-bed units, 2 three bed units and a single 4 bed unit. Such an approach is considered acceptable and would not conflict with the advice contained within the NPPF at paragraph 50.
Since consideration of the application at planning committee the applicants have provided a supporting statement which identifies that:
“Copt Hewick was previously identified as a ‘Smaller Village’ under Local Plan Policy H6, where new housing would be permitted if it constituted small scale ‘rounding-off’ development, although this Policy has been superseded by Core Strategy Policies SG1, SG2 and SG3” the applicants , consider the proposed development represents ‘rounding off’ of the village. In this respect there is no definition of rounding off , although the normally accepted term relates to a site that is bound on at three sides by substantial development. That is not the case in consideration of this proposal as only the southern and eastern boundaries abut development. The former policy which of course has now been deleted carries no weight , but did identify that the village could support growth. Indeed the recent development of the Corner Farm site (15/02565/FUL) to the south west of the application site supports this view. The Corner Farm site represented the development of a site that was occupied by farm buildings for the erection of 5 detached dwellings(three x 5 bed and two x 4 bed units) . This consent was considered to represent sustainable development in the case officers report at a time when the Council could demonstrate a 5 year housing land supply , this is not the case in consideration of the proposed development. Although the current application differs in that it is a greenfield site , the development of a site occupied by farm buildings does not fall within the definition of a previously developed site in Annex 2 of the NPPF.
The applicants in addition highlight that “in terms of sustainability the site has access to the facilities of the village including a licensed village hall and church. The village hall also has a kitchen and open space behind which is very much more than many (larger) villages have. The Community have cleverly introduced a regular pub night to compensate for the loss of the public house, and the village hall space lends itself to a variety of gatherings and activities. The village green and surrounds offer welcome recreational space and there is a good, fenced children’s playground with modern play equipment. Grocery delivery vans also visit the village on regular occasions. Not only do more houses mean that existing facilities can be maintained, but they also help support the facilities in surrounding villages. Dishforth supports a primary school and public houses and Sharow, only three quarters of a kilometre away by bridlepath, has a church and primary school. The public house in Sharow is currently closed and I am sure that new clients in the local villages would be greatly encouraged by the new landlord. There is a bus stop on the opposite side of Luncarr Lane with a bus to and from York on all days except Sunday and a bus links Copt Hewick to Ripon, Knaresborough and Harrogate once a day. There is also a school bus serving Ripon and a Demand Response Service twice a day to and from Boroughbridge. There is also a bus stop on Dishforth Road, three quarters of a kilometre from the village linking a regular bus service to Thirsk and Northallerton”.
(2) VISUAL IMPACT
The site is not within a Conservation Area or protected landscape. The site lies adjacent to but outside the existing built confines of the village. The village has developed along the Main Street and Back Lane in a linear fashion. The exception to this pattern of development primarily relates to agricultural buildings set back beyond the frontage row of houses and the cul de sac immediately adjacent the site at Vale View. The fact that the site lies beyond the existing built confines of the settlement carries little weight, as to achieve a 5 year housing land supply it has been accepted that greenfield sites on the edge of settlements will be required.
The proposed scheme retains the primary frontage of development facing Back Lane, but as originally submitted incorporated a driveway to the rear of the road frontage. This was considered somewhat alien to the character of the village, where units are served by individual driveways. The applicant has thus amended the scheme, so that the units are served via three new access points, which then serve private drives, thus deleting the necessity for the parallel access road.
Although the scheme is submitted in outline, the applicants are seeking consent for both access and layout at this stage. The revised access, which incorporates individual access drives and turning areas with associated parking. The revised layout does not impact upon the general linear pattern of the proposed layout. The layout is considered consistent with the linear nature of the village.
The site is set at a higher level than Back Lane. Local topography is such that land rises in a general north and east direction, such that Vale View is also set at a higher level than the application site. Whilst at an edge of village location, the local topography and location of hedgerows along both the Back Lane frontage and Strait Lane ensure the site itself is not dominant in the local landscape. Glimpses of the site are viewed from middle distance views, where the development would be seen against the backdrop of existing residential units situated on the opposite side of Back Lane. The scheme would thus not have a harmful impact upon the form and character of the settlement, but would be seen as a logical extension of the village.
The landscape officer considers that mitigation can be provided through appropriate boundary treatment.
It is acknowledged that the development will extend to the built form of the village to the northern side of Back Lane. The extension will obviously be clearly visible for residents in the locality. Loss of view is not however a planning consideration.
The comments regarding the cumulative impact of the development with recent other residential consents upon the overall character of the village is noted, however the revised proposal is considered small scale and entirely appropriate to the linear development situated on Back Lane. The government is seeking to increase housing supply. Whilst the Council cannot demonstrate a current 5 year housing supply paragraph 14 of the NPPF is applicable in the determination of this scheme. Any adverse impact upon rural character is not considered significant.
There are no designated heritage assets affected by the proposed development in the village. The nearest Listed building located at Yellow House on the Main Street and the Church Hall Clock Tower located at the eastern extremity of the village. Loss of view of Ripon Cathedral is noted, however the site is set at such distance that the development would not impact upon the setting of this listed structure.
(3) HIGHWAY SAFETY
The Harrogate District Local Development Framework Core Strategy Policy SG4 requires the travel impact of any scheme should not add significantly to any pre-existing problems of access, road safety or traffic flow and should have been fully addressed in accordance with the transport policies of the Core Strategy.
The transport policies identify as a key objective to integrate development and transport provision and locate development where it is accessible to key services such as health, education, employment, food shopping, community facilities and recreation and a range of transport modes.
The NPPF identifies that rural housing would be acceptable where they may support services in villages nearby. In this instance the village does have limited services, including village hall and chapel (the former being licenced) and a limited bus service which serves surrounding villages, including Sharow and Dishforth with its range of facilities including school and public house . The units would help support these facilities, however it is acknowledged that the narrow lanes leading from the village, would make other forms of transport, other than the private car, less likely.
The scheme in its revised form will include individual driveways to serve each unit, rather than the single drive as initially submitted. Back Lane is of restricted width, but is not so heavily trafficked that the small increase in traffic generation would likely to create conditions so prejudicial to highway safety to justify refusal of the scheme. Given the limited width of Back Lane, it is important to ensure that there is sufficient parking within each plot to accommodate both vehicles and turning space. The revised layout achieves this objective.
The Local Highway Authority have been consulted and confirmation has been received that there is no objection subject to the imposition of controlling conditions , including those to deal with surface water and the permissive footpath.
The footpath will deliver benefits to the local community by providing safer pedestrian access from the site towards the local bus stop.
(4) RESIDENTIAL AMENITY
The scheme is submitted in outline form with no details of the external appearance of the dwellings submitted for approval. The dwellings situated on Vale View immediately adjacent to the site are bungalows and concern was expressed regarding the initial submission, regarding the close proximity of proposed plot 5 to the rear aspect of these units with potential issues of both overlooking and domineering impact. The dwelling was sited approximately 4 metres from the joint boundary.
Following discussion the applicant has amended the siting of Plot 5 by relocating the unit further to the west (away from the joint boundary with the rear garden areas of Vale View. The increased separation distance of approximately 8m not only provides a greater separation distance but also ensures that the existing Public Right of Way that follows the existing hedge boundary is less enclosed and hence is more user friendly ( see other matters). The applicant has provided a floor plan, which indicates that there would be no habital room windows facing Vale View (tertiary windows in the form of a ground floor utility room and en-suite are provided). This issue can be controlled by the imposition of a planning condition.
In consideration of the revised amended scheme the dwellings on the proposed layout have been brought forward closer to the Back Lane frontage than that originally considered. It is noted that residents consider that this will create an overbearing and overlooking impact. Amenity distances of approximately 21.75m to 26metres metres are however maintained between the proposed dwellings and those situated on the opposite side of Back Lane. Harrogate Borough Councils ‘House Extensions and Garages Design Guide’ provides guidance on acceptable privacy /amenity distances recommending that between principle room windows , separation distance of some 21m should be achieved between main windows reducing to 18m between secondary windows. The guidance does suggest that for every 1m difference in ground level, the separation distance should also be increased by a metre. It is noted that the application site is set at a higher level than the units situated on the opposite side of the road, boundary treatment to the front of each unit will help mitigate the impact of the development from main ground floor windows. The upper floor windows are indicated to be secondary windows and would be within the tolerances identified within the Design Guide.
It is noted that units on Main Street are set with a tight grain that is characteristic of the village itself. The House Extensions Design Guide, whilst primarily aimed at extensions has been deemed to be equally applicable to residential development. The guidance does allow for variation of amenity distances dependent upon local grain. Appendix D identifying that development should be appropriate to its context. The separation distances indicated are considered appropriate to the locality and would not cause undue overlooking impact.
To protect the amenity of the occupiers of Vale View , it is necessary to attach a condition to ensure that no additional windows are inserted within the eastern gable elevation of plot 5 so as to avoid overlooking of both that property and the rear garden amenity space. A condition controlling finished floor levels can also be imposed.
(5) OTHER MATTERS
The saved Harrogate District Local Plan Policy R11 identifies that ‘when considering development proposals which affect existing public rights of way, these rights of way and the opportunities they afford for informal recreation should be retained. Developments 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’.
As identified above there is an existing Public Right of Way (PROW) towards the eastern boundary of the site that follows the hedge line along the rear boundaries of dwellings situated on Vale View. The route of the PROW is retained as part of the development proposal but rather than being open to the field for the first 40m, the route will be enclosed by the curtilage to the proposed dwelling. Whilst this will alter the initial character of the route over a relevant short distance, it would not have an overall detrimental impact upon the recreational or amenity value of the route.
The site falls within an area of known Gypsum dissolution (Area B). The saved Harrogate District Local Plan Ploy A7 identifies within such areas development would be expected to be supported with a Ground Stability Report. Appendix Xi identifies that as the risk is limited within these areas, the report can often be controlled through the imposition of a condition.
Due to the historic use of the site the Chief Environmental Health Officer identifies that the applicant should be required to submit a land contamination report. This should identify any potential risks and recommend what further work would be necessary. Such provision can be controlled by the imposition of a land contamination condition.
The site falls below the threshold requiring an element of affordable housing under the provisions of Saved Harrogate District Local Plan Policy H5. As only 5 units are proposed there is no requirement to make any contribution towards open space facilities under Core Strategy policy C1.
Whilst the site is located within Flood Zone 1 (lowest probability of flooding),there has been significant concern expressed by residents in respect of drainage issues, with various photographs provided of local flooding problems. The developer has sought to provide attenuation to surface water run-off. Yorkshire Water have subsequently confirmed that they have no objection to the proposed foul water connection to the public foul sewer and surface water to drain via storage to the highway drain with a restricted discharge of 5 litres /second. Yorkshire Water noting that there is no surface water sewers located in Back Lane. Clarification has been sought over this matter form the Highway Authority. The highway authority have confirmed that this approach is acceptable , noting that at present water floods off the fields , overwhelms the Highway drain and that this then results in flooding problems for the village. The scheme will help alleviate this run off, by catchment and attenuation reducing the flow rate to 5 litres a second into the drain. The attenuation proposed is considered acceptable and without which flooding would continue in the village in its present manner.
The Chief Environmental protection officer has no objection in principle to the development but notes that due to the sensitive end use to any land contamination then it is recommended that the standard land contamination condition is imposed. In addition it is highlighted that the National Planning Policy Framework, NPPF, (paragraph 35) states that "developments should be located and designed where practical to incorporate facilities for charging plug-in and other ultra-low emission vehicles; and consider the needs of people with disabilities by all modes of transport."
In order to be in line with the NPPF the developer should install electric vehicle charging points on the development site. Such control can again be imposed through the attachment of a planning condition. CONCLUSION As the Council cannot demonstrate a 5 year supply of sites, the automatic application of paragraph 14 of the NPPF that ‘permission should be granted unless to do so would result in significant and demonstrable adverse effects’ is applicable in the determination of this application.
The proposed development would extend the built confines of the settlement beyond the existing built up confines of the village into land classified as countryside under the provisions of Core Strategy Policy SG3. The linear extension of the village would not however conflict with the existing form and character of the settlement which has developed in a linear fashion along both the Main Street and Back Lane. The dwellings would be seen against the backdrop of the existing settlement on approaching the village and whilst clearly there will be some limited loss of rural character as a consequence of the development of a greenfield site at the edge of the village , this needs to be balanced against the benefits of the development. The Landscape officer has no objection subject to the imposition of a landscaping condition to secure appropriate boundary treatment and mitigation.
The scheme will help contribute towards the Councils current shortfall in housing supply and will provide a mix of housing sizes, including smaller two and three bedroom units that are recognised within the Council’s Strategic Market Housing Assessment 2015 as of greatest need in the district.
It is acknowledged that future occupiers would as a consequence of the local road network and limited bus service be reliant upon the private car. This is a negative feature, but as identified in earlier recent residential consents such as Corner Farm opposite the site, this alone was not itself sufficient to justify refusal of the scheme. It is noted that the NPPF in paragraph 55 allows for development in one village where it will support existing services in nearby villages. The scheme will help provide support to the existing albeit limited facilities in the village and those nearby.
The scheme has been designed so as to ensure that the residential amenity of nearby property is maintained and both Yorkshire Water and Highway Authority have confirmed that the drainage scheme with attenuation is acceptable. A satisfactory residential environment can be provided and there are no highway objections to the proposed access and layout.
Having regard to the provisions of paragraph 14 of the National Planning Policy Framework, it is considered that the adverse impacts of the development would not significantly and demonstrably outweigh the benefits it would bring. Approval of the application is supported.
CASE OFFICER: Mr Andy Hough
RECOMMENDATION
That the application be APPROVED subject to the following conditions:-
1 No development shall take place without the prior written approval of the Local Planning Authority of all details of the following reserved matters - (a) appearance; (b) landscaping; (c) scale.
Thereafter the development shall not be carried out otherwise than in strict accordance with the approved details.
2 Application for the approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission. The development hereby permitted shall be begun on or before the expiration of two years from the final approval of reserved matters or in the case of approval on different dates, the final approval of the last such matter to be approved.
3 The development hereby approved shall be carried out in accordance with the submitted details as amended by any other conditions of this consent and the following approved plans :
Location Plan: DWG 1.1 Site Plan: DWG 1.4 Rev A
4 Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until sections A to D have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until section D has been complied with in relation to that contamination.
A. SITE CHARACTERISATION An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to: * human health, * property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, * adjoining land, * groundwaters and surface waters * ecological systems * archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.
B. SUBMISSION OF REMEDIATION SCHEME A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
C. IMPLEMENTATION OF APPROVED REMEDIATION SCHEME The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise approved in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.
D. REPORTING OF UNEXPECTED CONTAMINATION In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirement of section A, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of section B, which is subject to the approval in writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with section C.
5 Samples of the materials it is intended to be used externally in the construction of the roof and walls of the development hereby approved, shall be submitted for the written approval of the Local Planning Authority and the development shall not be started before any such approval. Development shall be carried out in accordance with the agreed details.
6 A detailed scheme for landscaping, including the planting of trees and or shrubs and the use of surface materials shall be submitted to the Local Planning Authority and no development shall take place until the Local Planning Authority have approved a landscaping scheme; such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and the timing of implementation of the scheme, including any earthworks required.
7 In the event of failure of any trees or shrubs, planted in accordance with any scheme approved by the Local Planning Authority, to survive for a period of five years from the date of the completion of implementation of that scheme, such trees or shrubs shall be replaced by the developer with such live specimens of such species in such number as may be approved by the Local Planning Authority.
8 Plans and Sections of the site showing the existing and proposed ground levels and level of the threshold of the proposed buildings and level of any proposed access (including the footpaths to the dwellings) shall be submitted to and approved by the Local Planning Authority before any part of the development hereby approved is commenced. Development shall be carried out in accordance with the agreed details.
9 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order), no windows shall be inserted in the Plot 5 eastern elevations of the development hereby approved, without the prior written approval of the Local Planning Authority.
10 There shall be no access or egress by any vehicles between the highway and the application site until full details of any measures required to prevent surface water from non-highway areas discharging on to the existing or proposed highway together with a programme for their implementation have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The works shall be implemented in accordance with the approved details and programme.
11 Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other ground works, except for investigative works, or the depositing of material on the site until the access to the site have been set out and constructed in accordance with the published Specification of the Highway Authority and the following requirements:
(i) Full construction details of the permissive footpath, and where it joins the existing highway infrastructure, and details of any dropped kerbs / crossing required shall be submitted to the Local Highway Authority and constructed to the satisfaction of the Local Highway Authority.
(ii)(c) The crossing of the highway verge and/or footway shall be constructed in accordance with the approved details and/or Standard Detail number E6.
(v) Provision to prevent surface water from the site/plot discharging onto the existing or proposed highway shall be constructed in accordance with the approved details shown on drawing Standard detail E6 and maintained thereafter to prevent such discharges.
(vi) The final surfacing of any private access within 3 metres of the public highway shall not contain any loose material that is capable of being drawn on to the existing or proposed public highway.
INFORMATIVE You are advised that a separate license will be required from the Highway Authority in order to allow any works in the adopted highway to be carried out. The 'Specification for Housing and Industrial Estate Roads and Private Street Works' published by North Yorkshire County Council, the Highway Authority, is available at the County Council's offices. The local office of the Highway Authority will also be pleased to provide the detailed constructional specification referred to in this condition.
12 No dwelling shall be occupied until the related parking facilities have been constructed in accordance with the approved drawing site plan. Once created these parking areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.
13 There shall be no access or egress by any vehicles between the highway and the application site until details of the precautions to be taken to prevent the deposit of mud, grit and dirt on public highways by vehicles travelling to and from the site have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. These facilities shall include the provision of wheel washing facilities where considered necessary by the Local Planning Authority in consultation with the Highway Authority. These precautions shall be made available before any excavation or depositing of material in connection with the construction commences on the site and be kept available and in full working order and used until such time as the Local Planning Authority in consultation with the Highway Authority agrees in writing to their withdrawal.
14 Unless approved otherwise in writing by the Local Planning Authority there shall be no establishment of a site compound, site clearance, demolition, excavation or depositing of material in connection with the construction on the site until proposals have been submitted to and approved in writing by the Local Planning Authority for the provision of:
(i) on-site parking capable of accommodating all staff and sub-contractors vehicles clear of the public highway
(ii) on-site materials storage area capable of accommodating all materials required for the operation of the site.
The approved areas shall be kept available for their intended use at all times that construction works are in operation. No vehicles associated with on-site construction works shall be parked on the public highway or outside the application site.
15 Prior to commencement of development an electric vehicle infrastructure strategy and implementation plan, to include details of the number, location and maintenance of electric vehicle charging points shall be submitted for the written approval of the local planning authority. Thereafter the development shall be carried out as approved with charging points associated with dwellings installed prior to occupation of that dwelling.
16 A detailed housing mix shall be prepared and submitted for approval of the Local Planning Authority prior to or as part of the submission of the first reserved matters application that takes account of the indicative house types identified on the site plan and the housing mix recommended within the latest version of the Council's Strategic Housing Market Assessment, at the time of submission of these details. The development shall thereafter be constricted in accordance with the approved housing mix unless otherwise agreed in writing by the Local Planning Authority.
17 The site shall be developed with separate systems of drainage for foul and surface water.
18 The proposed surface water to highway drain, via storage, with a restricted discharge (of 5 litres/second).
19 No development shall take place until a ground stability report, prepared by a competent person, and comprising the results of an appropriate level of investigation, an assessment of ground stability based on these results and detailed proposals for any mitigation work that may be necessary, has been submitted to and approved in writing by the local planning authority. Thereafter development shall be carried out in accordance with the approved details unless the local planning authority give written consent to any variation.
1 To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters. 2 To ensure compliance with sections 91-94 of the Town and Country Planning Act 1990. 3 To secure the satisfactory implementation of the proposal. 4 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. 5 In order to ensure that the materials used conform to the amenity requirements of the locality. 6 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity. 7 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity. 8 To ensure the development is carried out at suitable levels in relation to adjoining properties and highways, having regard to amenity and access requirements. 9 In the interests of privacy and residential amenity. 10 In the interests of highway safety 11 To ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience. 12 To provide for adequate and satisfactory provision of off-street accommodation for vehicles in the interest of safety and the general amenity of the development. 13 To ensure that no mud or other debris is deposited on the carriageway in the interests of highway safety. 14 To provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area. 15 In the interest of maintaining air quality 16 So that the development provides a mix of housing to meet the housing needs of the District in accordance with the requirements of the National Planning Policy Framework 17 To prevent pollution of the water environment. 18 In the interests of flood prevention 19 In the interests of public safety.
INFORMATIVES
1 The site forms part of a larger agricultural field . Although the development of the current site falls below the current affordable housing threshold identified by the Government , any future application may be subject to provision. Further advice regarding affordable housing is provided within the Written Ministerial Statement of 28 November 2014 ( the Local Planning Authority can provide details) and HBC Affordable Housing Planning Guidance November 2015.
Should the gross floor area of the proposed scheme exceed 1000square metres then a contribution towards affordable housing will be required.