HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 1 November 2005

PLAN: 01 CASE NUMBER: 05/04373/FUL GRID REF: EAST 432444 NORTH 449171 APPLICATION NO. 6.141.75.E.FUL DATE MADE VALID: 06.09.2005 TARGET DATE: 01.11.2005 WARD: Spofforth With Lower VIEW PLANS AT: http://tinyurl.com/9awth

APPLICANT: P Fleming And E J L Pumphrey

AGENT: Richard Hutchings Ltd

PROPOSAL: Erection of detached single storey dwelling (site area 0.029 Ha). Revised scheme.

LOCATION: Builders Yard To West Of The Lodge Swindon Lane Kirkby Overblow North HG3 1HH

REPORT

SITE AND PROPOSAL The site is a builders yard situated on the southern side of Swindon Lane. The site comprises a number of timber and wooden buildings currently used for storage. There is a 2m high stone wall to Swindon Lane. The site slopes to the south. There are fields to the south and west. To the east lies a dwelling. There is a triangular shaped group of pine trees to the west of the site that are covered by Tree Preservation Order 24/2005.

The site lies within the Kirkby Overblow Conservation Area. The village development limit bisects the builders yard. Kirkby Overblow is washed over by Green Belt.

It is proposed to demolish the existing buildings and erect a single storey dwelling on the site, comprising three bedrooms with a living room and kitchen/dining room. The dwelling would be arranged in an 'L' shape with a courtyard garden. As part of the site lies outside of the development limit, the dwelling is proposed to be wholly within the development limit with its western and southern elevations up to the boundary. The remainder of the builders yard is to be laid to grass and incorporated within the adjacent field (also owned by the applicants), with the section along the road tidied and gravelled in order to provide off-road parking.

An application for Conservation Area consent for the demolition of the buildings has been submitted (05/04372/CON) and is to be considered on this agenda.

MAIN ISSUES 1 Policy/principle 2 Green Belt 3 Employment Land 4 Conservation Area 5 Residential amenity 6 Highways 7 Trees 8 Open Space Provision

RELEVANT SITE HISTORY 86/02157/OUT - Dwellinghouse. REF 14.10.1986. Dismissed on appeal 13.10.1987.

87/01238/OUT - Erecting dwellinghouse. REF 28.04.1987.

05/02585/CON - Erection of 1 dwelling and detached car port, and felling of 12 trees of various species within Kirkby Overblow Conservation Area (Site Area 0.04ha). WDN. 21.06.2005-10-17

05/02585/CON - Conservation are consent for the demolition existing storage buildings and partial demolition of boundary wall. WDN. 21.06.2005.

05/04372/CON - Conservation are application for the demolition of storage buildings and partial demolition of boundary wall. PENDING DECISION.

CONSULTATIONS/NOTIFICATIONS

Parish Council Kirkby Overblow

Highway Authority Recommend approval subject to conditions.

DCS - Open Space Commuted sum required. Please see assessment.

Environmental Health Contaminated Land Conditions requested regarding potential contamination.

DCS Arboricultural Officer Comments awaited.

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 07.10.2005 PRESS NOTICE EXPIRY: 07.10.2005

REPRESENTATIONS

KIRKBY OVERBLOW PARISH COUNCIL does not object to or support the application.

1 letter of concern has been received from Rivendell, the immediate property to the east of the site. The letter expresses concern over the close proximity of the proposed dwelling to Rivendell, increased noise and loss of privacy. As Rivendell is at a higher level to the proposed dwelling, concern is expressed that smoke from the chimney would blow into the garden and windows. Concern over access for maintenance.

OTHER REPRESENTATIONS - None.

VOLUNTARY NEIGHBOUR NOTIFICATIONS None.

RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Communities PPG2 Planning Policy Guidance 2: Green Belts PPG3 Planning Policy Guidance 3: Housing PPG15 Planning Policy Guidance 15: Planning and the Historic Environment LPHX Harrogate District Local Plan (2001, as altered 2004) Policy HX: Managed Housing Site Release LPGB05 Harrogate District Local Plan (2001, as altered 2004) Policy GB5: Development within settlements in Green Belt LPA01 Harrogate District Local Plan (2001, as altered 2004) Policy A1: Impact on the Environment and Amenity LPHD03 Harrogate District Local Plan (2001, as altered 2004) Policy HD3: Control of development in Conservation Areas LPR04 Harrogate District Local Plan (2001, as altered 2004) Policy R4: Open Space Requirements for New Residential Development LPE02 Harrogate District Local Plan (2001, as altered 2004) Policy E2: Retention of Industrial/Business Land and Premises

ASSESSMENT OF MAIN ISSUES 1. POLICY/PRINCIPLE - Policy HX permits residential development on previously developed sites subject to satisfying other policies within the plan. Policy GB5 permits development or redevelopment within Kirkby Overblow as long as it lies within the development limit and complies with the criteria set out in that policy. Policy HD3 controls development within Conservation Areas and Policy A1 controls the impact of development on amenity.

2. GREEN BELT - Kirkby Overblow is washed over by the Green Belt. Policy GB5 permits development or redevelopment in the settlement so long as it lies within the development limit and complies with the criteria set out in that policy. The site is bisected by the development limit, which runs along the southern boundary and then north to Swindon Lane, 3.5m within the site boundary. The proposed dwelling comes up to the development limit. There are no doors proposed that lead onto land outside of the development limit. It therefore complies with policy. However as the remaining buildings on the site are also to be demolished there is concern that the rest of the land, comprising a strip adjacent to the dwelling measuring 3.5m x 13.5m and a strip adjacent to Swindon Lane would become incorporated within the residential curtilage. As this land lies outside of the development limit this would not be acceptable, however some suitable treatment is required. The proposal to incorporate part of it within the field and use the remainder as parking is considered to be acceptable in these particular circumstances and would harm the openness of the Green Belt or conflict with policy.

The proposed dwelling would be single storey constructed from stone and slate. As the existing buildings are low in profile, it is not considered that the single storey dwelling in height would harm the openness of the Green Belt. The site is currently screened by a group of trees to the south, outside of the applicant's control, and the group of pines (TPO 24/2005) to the west. These would be retained providing additional screening. The proposal is considered to comply with policy GB5.

3. EMPLOYMENT LAND - The site is an existing builders yard. It is currently used for storage with the occupants visiting the site on an infrequent basis (once or twice a week, often every other week) to collect and deposit materials. There is a dwelling adjacent to the site with windows on the side elevation. Although the way the site is currently used causes no planning problems, it would be possible for the use to intensify, which could lead to an increase in noise and disturbance from the site through the use of machinery and vehicles visiting the site, particularly to the occupants of the adjacent dwelling. Although the loss of builders yard reduces the number of such sites in the area in this instance it is considered that the proposal would be acceptable and does not conflict with policy E2.

4. CONSERVATION AREA - The site is concealed behind a tall stone wall with only the roofs of the various buildings visible. Due to the slope of the site the only 0.7m of the roof as well as the chimney stacks would be visible above the boundary wall from Swindon Lane. The building is to be constructed from traditional materials. The wall is being retained although a pedestrian gate is replacing the eastern access. It is not considered that the proposed dwelling would have a detrimental impact on the character and appearance of the Kirkby Overblow Conservation Area.

5. RESIDENTIAL AMENITY - It is considered that there is an acceptable level of residential amenity afforded to the proposed dwelling. A letter has been received from the occupants of the adjacent dwelling. The proposed dwelling would not be any closer to Rivendell than existing buildings, which abut the boundary. As buildings will be removed from the boundary, access for maintenance of Rivendell, although not a planning matter, would be easier. It is accepted that construction will result in some noise and disturbance to adjacent properties. However as the existing use could intensify, leading to more noise than current, it is not considered that the use of the site for a dwelling would be significantly noisier. There are three secondary windows on the side of Rivendell at first floor facing the site. The living room windows on the proposed dwelling (single storey) would be 10.3m away. It is not considered that there is would be any significant overlooking between the two properties. The concern over smoke is noted however it is not considered that this would have any significant impact on the amenity of Rivendell.

6. HIGHWAYS - County Council have raised no objection to the application subject to the provision of conditions covering access construction.

7. TREES - The built footprint of the development is sited 3.4m from the preserved trees. The Council's Arboriculturalist has been consulted on the proposal and his comments are awaited.

8. OPEN SPACE PROVISION - A commuted sum of £376.00 for the provision of open space in connection with the development has been requested and allocated to Swindon Lane Verges and Kirkby Overblow Playing Fields. A signed unilateral undertaking is expected by the date of the committee and members will be updated. If received the proposal would comply with Policy R4 of the Harrogate District Local Plan.

CONCLUSION - It is recommended that the application be approved with conditions for the reasons set out above.

CASE OFFICER: Mrs L Drake

RECOMMENDATION

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

1 CA053 DEVELOPMENT SHALL BE BEGUN BEFORE 3 YRS … 3 years 2 CC01 AMENDED DRAWINGS/LETTERS RECEIVED … ____ 3 CI02Z PD RESTRICTION, NO … extensions, garages, roof/dormer windows 4 No buildings or other structures shall be erected in the area shown as edged in green on the attached plan. 5 CD04Y SAMPLE STONEWORK PANEL 6 No development shall take place until samples of the materials to be used in the construction of the roof of the dwelling hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 7 CD05 REVEALS: MM … 75 8 CD13 WINDOW FRAME MATERIALS … timber 9 Prior to the commencement of any other part of the development hereby permitted, the access(es) to the site shall be laid out and constructed in accordance with the following requirements:-

(ic) the crossing of the highway verge and/or footpath shall be constructed in accordance with the approved details and/or Specification of the Local Highway Authority;

(ii) any gates, barriers or other means of enclosure shall be erected a minimum distance of 4.5m back from the carriageway of the existing highway and shall open into the site;

(iv) that part of the access(es) extending 4.5m into the site from the carriageway of the existing highway shall be made up and surfaced in accordance with the approved details and/or Standard Details number **** and the Specification of the Local Highway Authority;

(v) provision shall be made to prevent surface water from the site/plot discharging onto the existing or proposed highway in accordance with the approved details and/or Specification of the Local Highway Authority.

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 Highway Authority will also be pleased to provide the detailed constructional specification referred to in this condition. 10 Before any part of the development is first brought into use, the existing eastern access shall be permanently closed off and the highway made good in accordance with details that shall first have been approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. After such closure, no new access shall be created without the prior approval of the Local Planning Authority. 11 HW18 PROV'N OF APP'VD PARKING/MANOEUVR'G/TURN … Ref: 1/100 site plan 12 No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being submitted to the Local Planning Authority for approval:

a) The contaminated land assessment shall include a desk study to be submitted to the LPA for approval. The desk study shall detail the history of the site uses and propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be approved by the LPA prior to investigations commencing on site. b) The site investigation, including relevant soil, soil gas, surface and groundwater sampling, shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology. c) A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to the LPA. The LPA shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters. d) Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. If during the works contamination is encountered which has not previously been identified then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the LPA. e) Upon completion of the works, this condition shall not be discharged until a verification report has been submitted to and approved by the LPA. The closure report shall include details of the proposed remediation works and quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from the site.

Reasons for Conditions:-

1 CA053R TO COMPLY WITH SECTIONS 91-94 2 CC01R ACCORDANCE WITH DRAWINGS 3 CI02ZR PROTECT VISUAL AMENITY 4 The erection of buildings on the area edged in green would lie outside of the village development limit and would affect the openness of the Green Belt. 5 CD04YR CONFORM TO REQUIREMENTS OF LOCALITY 6 CD03R MATERIALS TO CONFORM TO AMENITY REQR'MTS 7 CD05R VISUAL AMENITY 8 CD13R VISUAL AMENITY 9 HW07R VEHICLE AND PEDESTRIAN SAFETY REQ'MENTS 10 HW09R ROAD SAFETY REQUIREMENTS 11 HW18R ROAD SAFETY REQUIREMENTS 12 The use of the site as a builders yard may have resulted in contaminants that could be prejudicial to the health of future occupiers of the dwelling.