PLANNING COMMITTEE HELD ON 24 MAY 2016 (FROM 2.00 PM TO 4.18 PM)

PRESENT: Councillor John Mann in the Chair. Councillors Margaret Atkinson, Bernard Bateman, John Batt, Trevor Chapman, Jim Clark, Nick Duxbury, Shirley Fawcett, Ian Galloway, Andrew Goss, Sid Hawke, Pat Marsh, Stuart Martin, Nigel Simms, Alan Skidmore and Tom Watson.

Late Arrivals: None

Early Departures: Councillor Nick Duxbury at 3.15 pm Councillor Alan Skidmore at 3.42 pm

01/16 – APOLOGIES FOR ABSENCE AND NOTIFICATION OF SUBSTITUTES: No apologies had been received.

02/16 – DECLARATIONS OF INTEREST: Councillors Sid Hawke and Stuart Martin declared an interest in respect of Minute 05/16(05) as described below.

03/16 – MINUTES: The Minutes of the meeting of the Committee held on 12 May 2016 were approved as a correct record and signed by the Chair.

(Eight Members voted for the motion and there were seven abstentions)

04/16 – EXEMPT INFORMATION: There was no exempt information.

MATTERS WHICH THE COMMITTEE DEALT WITH UNDER DELEGATED POWERS

05/16 – LIST OF PLANS: Prior to consideration of the list of plans the Development Control Manager advised of changes to Planning Practice Guidance which would take effect from 19 May 2016 relating to Section 106 contributions and how they were collected. Full guidance would shortly be issued by the Planning Policy Team.

In accordance with the Scheme of Delegation, the Committee made the following decisions:

05/16(01) CASE NUMBER: 14/04872/FULMAJ GRID REF: EAST 425268 NORTH 462695

APPLICATION NO.: 6.61.166.FULMAJ

LOCATION: E H Crack Co Ltd High Mill Shaw Mills North HG3 3HY

PROPOSAL: Conversion of mill to form 3 dwellings, conversion of 2 tannery buildings to form 2 dwellings with erection of single storey link and two storey extension, erection of 2 dwellings, associated parking and clear up of contaminated tannery pond by means of cementitious solidification. (Site Area 0.8ha)

APPLICANT: E.H. Crack & Sons Ltd

APPROVED subject to the following conditions:-

1 The development hereby permitted shall be begun on or before 24.05.2019.

2 The development hereby approved shall be carried out in accordance with the submitted details as amended by other conditions of consent and the following amended plans received by Harrogate Borough Council on 18 March 2016:

Location Plan received 18 November 2014 1:1250 Passing Bays/Residents parking proposals Drawing No2004 141 30C Ground Floor Plan : Drawing No. 2004 141 20 D Proposed Plans Drawing No 2004 141 22F Proposed Plans Annex building Drawing No 2004 141 21C Proposed Elevations Drawing No. 2004 141 23D

3 Samples of the materials it is intended shall be used externally in the construction of the roof and walls of the new build dwelling hereby approved, shall be submitted for the written approval of the Local Planning Authority and the external walling shall not be started before any such approval. Thereafter the approved materials shall be implemented.

4 Prior to the commencement of the external walling of the two new build dwellings a sample panel of the type of stone to be used showing the proposed coursing and pointing shall be erected on the site for the written approval of the local planning authority. Thereafter the approved materials shall be implemented.

5 Prior to the commencement of the development hereby permitted the developer shall submit a method statement written by a competent structural engineer is to be provided for the works to the converted historic buildings to include: the removal of all floors and internal supports, structural repairs, underpinning, reduced external levels to north, new openings and new floor and roof structure. This should be accompanied with elevations marked up to show the extent of rebuilding and stitching, and sections to show the proposed levels, underpinning, new floor construction including supports and replacement roof timbers.

6 Notwithstanding the submitted details contained within the supporting Industrial Heritage Statement : all historic buildings on the site including the derelict building should be recorded to Level 4 in accordance with the guidance of the English Heritage Document 'Understanding Historic Buildings- A guide to good practice' (2008).

7 Details or specification of roof lights, which should be conservation roof lights laid flat to the roof and width not to exceed 550mm shall be submitted for the written approval of the Local Planning Authority prior to the commencement of the external walling of the development . 8 The window frames of the development hereby permitted shall be constructed in timber and no other materials shall be used without the prior written consent of the Local Planning Authority.

9 Prior to the commencement of the development , hereby approved , the developer shall submit for the written approval of the local planning authority

Sections through replacement windows in the existing buildings to show frames, sash details including glazing bars. The windows are to be set back in the reveals to match existing. Detailed sections of the windows in new openings and in new buildings to include the head, cill and jamb detail. Scale 1:10, ideally 1:5 Sections through new glazed screens to include the head, cill and jamb detail. Scale 1:10, ideally 1:5. Note these are to be set well back from the reveals. Sections through new doors ( as windows).

10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) () Order 2015 (or any order revoking and re- enacting that Order with or without modification), no extensions, garages, roof or dormer windows other than any expressly authorised by this permission shall be erected without the grant of further specific planning permission from the local planning authority.

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 road to the site have been set out and constructed in accordance with the published Specification of the Highway Authority and the following requirements a. FULL details of the access road repairs before and after construction shall be agreed in writing by the Local Highway Authority, and installed to the satisfaction of the Local Highway Authority.

12 Notwithstanding the provision of any Town and Country Planning General Permitted or Special Development Order for the time being in force, the areas shown on site layout for parking spaces, turning areas and access shall be kept available for their intended purposes at all times.

13 A detailed scheme for boundary treatment including the screening of the car park from the existing residential properties to the south and 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.

14 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.

15 Prior to each phase of development approved by this planning permission no development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

1) A preliminary risk assessment which has identified: o all previous uses o potential contaminants associated with those uses o a conceptual model of the site indicating sources, pathways and receptors o potentially unacceptable risks arising from contamination at the site.

2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

16 No occupation of each phase of development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

17 No development should take place until a long-term monitoring and maintenance plan in respect of contamination including a timetable of monitoring and submission of reports to the Local Planning Authority, shall be submitted to and approved in writing by the Local Planning Authority. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to and approved in writing by the Local Planning Authority. Any necessary contingency measures shall be carried out in accordance with the details in the approved reports. On completion of the monitoring specified in the plan a final report demonstrating that all long-term remediation works have been carried out and confirming that remedial targets have been achieved shall be submitted to and approved in writing by the Local Planning Authority.

18 If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

19 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 4 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 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of section 2, 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 3.

20 The site shall be developed with separate systems of drainage for foul and surface water.

21 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved by the local planning authority before development commences.

22 The development hereby approved shall be carried out in accordance with the Flood Risk Assessment prepared by ARP Associates (917/01r2 dated February 2015 ) and prior to the commencement of any phase of the development on site, drawings must be submitted to, and approved by the Local Planning Authority showing details of the proposed surface water drainage including onsite storage, rates of discharge and outfall location

23 Prior to the commencement of the development hereby approved details of the proposed passing bays, to include dimensions and boundary treatment shall be submitted to the local planning authority and shall thereafter be implemented in accordance with the approved details prior to the commencement of the residential scheme of the development.

24 Notwithstanding the submitted details the proposed new build dwellings shall be constructed without the use of fascia boards to the roof eaves.

25 A detailed ecological mitigation and enhancement scheme for the site to include the decontamination and construction phases, as well as provision to incorporate ecological mitigation into landscaping the site and its ongoing future management, shall be submitted for the written approval of the local planning authority prior to the commencement of works. The approved scheme shall subsequently be implemented according to agreed timescales.

Reasons for Conditions:-

1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990. 2 To secure the satisfactory implementation of the proposal. 3 In order to ensure that the materials used conform to the amenity requirements of the locality. 4 In order to ensure that the materials used conform to the amenity requirements of the locality. 5 To ensure that the building the subject of conversion can be retained. 6 In the interests of the historical value of the site 7 In the interests of the character of the buildings and general amenity of the area. 8 In the interests of visual amenity. 9 In the interests of visual amenity and to retain the character of the converted historic buildings. 10 In order to protect the visual amenities of the surrounding area in view of the prominence of this site and the residential amenity of both existing and future residents. 11 To ensure compliance with Harrogate District Local Development Framework Core Strategy Policy SG4. 12 To ensure these areas are kept available for their intended use in the interests of highway safety and the general amenity of the development 13 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity. 14 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity. 15 To ensure that decontamination of the lagoon is undertaken. The lagoon area is known to contain leachable contaminants at high concentrations that are periodically flushed out of the lagoon by groundwater. This then discharges to the surface water. The down gradient retaining wall for the lagoon has been reported as degrading and therefore there is the possibility that the lagoon could cause significant pollution of the water course 16 Given the potential risk of pollution posed by this site verification of all remedial actions is essential to provide long term understanding and clarity of the remedial action undertaken 17 It is likely that any cost effective remedial solution may result in binding contaminants in situ as such there is likely to be the need for some post remediation monitoring to provide lines of evidence that the remediation was successful. Post remediation monitoring can also be used to demonstrate no deterioration to the surface water under the Water Framework Directive. 18 Even with extensive investigation it is not possible to fully characterise all the site and a degree of uncertainty will remain. A strategy to deal with any unexpected contamination should be incorporated into the remedial strategy 19 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. 20 To prevent pollution of the water environment. 21 To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system which will prevent overloading 22 To ensure that the scheme complies with the drainage strategy for the site. 23 To secure improved access arrangements to teh site and in the interests of visual amenity. 24 In the interests of visual amenity 25 In the ecological interests of the site

INFORMATIVES 1 The existing Public Right(s) of Way on the site must be protected and kept clear of any obstruction until such time as any alternative route has been provided and confirmed under an Order made under the Town and Country Planning Act 1990. Applicants are advised to contact the County Council's Access and Public Rights of team at County Hall, Northallerton via [email protected] to obtain up-to- date information regarding the line of the route of the way. The applicant should discuss with the Highway Authority any proposals for altering the route. 2 The ecological assessments which accompany this application advise that a European Protected Species Licence (EPSL) will need to be obtained from Natural England in order for the works to be undertaken lawfully. Where required, it is the applicant's responsibility to engage a licenced ecological consultant to apply for the appropriate licence to ensure that no breach of the relevant wildlife legislation occurs as a result of the proposed works.

(Thirteen members voted for the motion and there were two abstentions)

(Mr Hughes (Objector) attended the meeting and spoke to the item under the Council’s Opportunity to Speak Scheme)

(Chris Robins (Applicant’s Agent) attended the meeting and spoke to the item under the Council’s Opportunity to Speak Scheme) 05/16(02) CASE NUMBER: 16/01237/FUL GRID REF: EAST 439733 NORTH 466802

APPLICATION NO.: 6.64.259.O.FUL

LOCATION: Hall Lodge 11 Hall Square Boroughbridge York YO51 9AN

PROPOSAL: Erection of dwelling (site area 0.09ha).

APPLICANT: Mr R Doyle

APPROVED subject to the following conditions:-

1 The development hereby permitted shall be begun on or before 24.05.2019.

2 The development hereby approved shall be carried out in accordance with the submitted details , as amended by condition of consent and the following approved plans :

Location Plan : Dwg 1209/1 Block Plan : Dwg 1209/12 Proposed Front and Rear Elevations 1209/ 13A

3 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 external walling shall not be started before any such approval. Thereafter the approved materials shall be implemented.

4 No part of the development shall be brought into use until the approved vehicle access, parking, manoeuvring and turning areas approved under condition number 2:

(i) have been constructed in accordance with the submitted drawing (Reference 1209/12)

Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

5 No development shall take place within the application area until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority

6 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 by competent persons and a written report of the findings must be produced and approved in writing by the Local Planning Authority.

Where remediation is necessary a 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 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.

7 The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) Flood Risk Assessment (Revision A) Halliwell Montgomery Anderson Architects Ltd dated April 2012 and the following mitigation measures detailed within the FRA: 1. Surface water discharge to be regulated to the greenfield run-off from a 1 in 1 year storm. 2. All sleeping accommodation shall be at first floor level for the life of the development as detailed in drawing 1209/3. The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

8 The development shall be carried out in accordance with the submitted flood risk assessment (ref Halliwell Montgomery Anderson Architects, dated April 2012) and the following mitigation measures it details:

1. Finished floor levels are set no lower than 14.6m above Ordnance Datum (AOD). 2. The flood proof / resilient construction techniques detailed in Section 11 are incorporated into the development.

These measures shall be fully implemented prior to occupation, and according to the scheme's phasing arrangements (or with any other period, as agreed in writing, by the local planning authority).

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 with or without modification), no extensions, garages, roof or dormer windows other than any expressly authorised by this permission shall be erected without the grant of further specific planning permission from the local planning authority. 10 Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re- enacting that Order with or without modification), no further windows shall be inserted in the western elevations of the development hereby approved, without the prior written approval of the Local Planning Authority.

Reasons for Conditions:-

1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990. 2 To secure the satisfactory implementation of the proposal. 3 In order to ensure that the materials used conform to the amenity requirements of the locality. 4 In accordance with Harrogate District Local Development Framework Core Strategy Policy SG4 and to provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development 5 The site is of archaeological interest and to ensure compliance with the advice contained within the National Planning Policy Framework. 6 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. 7 To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to reduce the risk of flooding to the proposed development and future occupants 8 To reduce the risk of flooding to the proposed development and future users.

9 In order to protect the visual amenities of the surrounding area in view of the prominence of this site. 10 In the interests of privacy and residential amenity.

(Unanimous decision)

05/16(03) CASE NUMBER: 16/00170/OUT GRID REF: EAST 436397 NORTH 456856

APPLICATION NO.: 6.100.2958.A.OUT

LOCATION: Land North East Of Riverslea Knaresborough North Yorkshire HG5 0SY

PROPOSAL: Outline application for the erection of 4 dwellings with access considered (Site Area 0.26 ha) (Revised Scheme).

APPLICANT: Mr M Bedford 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) layout; and (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 Prior to the erection of the external walls of the dwelling houses hereby approved samples of the materials it is intended to be used externally in the construction of the roof and walls of the development shall be submitted for the written approval of the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

4 The development shall be carried out in complete accordance with the details shown on the submitted Flood Risk Assessment (prepared by Met Engineers - Report 11435-5078 (revision B) dated February 2016), as updated by the block plan Revision A, dated March 2016 (insofar as it relates to the 'Exclusion Zone' adjacent to Frog Mire Dyke), unless otherwise agreed in writing with the Local Planning Authority.

5 Prior to the commencement of the development full details of the proposed surface water drainage (including surface water management during the construction phase) shall be submitted to and shall have been approved by the local planning authority. The details shall include SUDs details/soakaway feasibility study results, on-site storage requirements, rates of discharge, outfall location and details of how the scheme will be maintained in the future. No occupation of the dwelling houses shall take place prior to the completion of the approved surface water drainage works.

6 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 4 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 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of section 2, 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 3.

7 There shall be no movement by construction or other vehicles between the highway and the application site (except for the purposes of constructing the initial site access) until that part of the access extending 8 metres into the site from the carriageway of the existing highway has been made up and surfaced in accordance with the Standard Detail number E7 and the published Specification of the Highway Authority. All works shall accord with the approved details unless otherwise approved in writing by the Local Planning Authority in consultation with the Highway Authority. Any damage during use of the access until the completion of the development shall be repaired immediately.

Informative: 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 ‘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.

8 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 in connection with the construction of the access road or building(s) or other works hereby permitted until full details of the following have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority: a. vehicular, cycle, and pedestrian accesses b. vehicular and cycle parking c. vehicular turning arrangements d. manoeuvring arrangements e. loading and unloading arrangements. Thereafter the approved works shall be completed prior to the occupation of any of the dwelling houses, and shall be maintained clear of any obstruction and retained for their intended use at all times in the future.

9 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

Reasons for Conditions:-

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 In order to ensure that the materials used conform to the amenity requirements of the locality. 4 To avoid an increased risk of flooding. 5 To ensure surface water is controlled in a sustainable manner. 6 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. 7 To ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience. 8 To provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development. 9 To ensure that no mud or other debris is deposited on the carriageway in the interests of highway safety.

INFORMATIVES 1 Notwithstanding the submitted indicative site layout plan, the layout of development on the site is a reserved matter, and therefore is not for consideration under this application. Layout will be fully considered at reserved matters stage.

(Thirteen Members voted for the motion and one against)

05/16(04) CASE NUMBER: 16/00831/FUL GRID REF: EAST 430715 NORTH 454974

APPLICATION NO.: 6.79.13215.FUL

LOCATION: 35A And 35B York Place Harrogate North Yorkshire HG1 5RH

PROPOSAL: Demolition of 2 existing dwellings within the Harrogate Conservation Area and erection of a replacement dwelling (site area 0.07 ha). APPLICANT: Mr J Ridings

REFUSED. Reason(s) for refusal:-

1 1 The proposed development due to its glazed southerly elevation and balcony would result in an unacceptable amount of overlooking of the neighbouring gardens thus causing significant harm to the amenity of the neighbouring residents. The proposed development is, therefore, contrary to ‘saved’ Local Plan Policy HD20 and Core Strategy Policy SG4 and guidance in the NPPF.

(Unanimous decision)

(Councillor Richard Cooper (North Yorkshire County Council) attended the meeting and spoke to the item under the Council’s Opportunity to Speak Scheme)

(Steven Peach (Objector) attended the meeting and spoke to the item under the Council’s Opportunity to Speak Scheme)

(Garry Lupton (Applicant’s Agent) attended the meeting and spoke to the item under the Council’s Opportunity to Speak Scheme)

05/16(05) CASE NUMBER: 16/01447/OUT GRID REF: EAST 431184 NORTH 469940

APPLICATION NO.: 6.31.1422.B.OUT

LOCATION: Land West Of 2 Edens Way Ripon North Yorkshire HG4 1RB

PROPOSAL: Outline application for the erection of 1 dwelling with access considered. (Site area 0.04ha)

APPLICANT: Mr C Powell

REFUSED. Reason(s) for refusal:- 1 The proposed bungalow would result in harm to the spatial character and quality of the area by developing this small piece of land. The proposal is contrary to the policies of the NPPF, 'saved' Local Plan Policy HD20 and Core Strategy Policy SG4. 2 In the absence of a ground stability report the proposed development is contrary to the provisions of the 'saved' Harrogate District Local Plan Policy A7.

Councillors Sid Hawke and Stuart Martin declared interests in this item as they were Members of Ripon City Council, as was the applicant. On the basis that that these were not disclosable pecuniary interests they remained in the meeting and took part in the debate and vote on the item.)

(Thirteen Members voted for the motion and there was one abstention) (Pat Cooper (Objector) attended the meeting and spoke to the item under the Council’s Opportunity to Speak Scheme)

(Charlie Powell (Applicant) attended the meeting and spoke to the item under the Council’s Opportunity to Speak Scheme)

05/16(06) CASE NUMBER: 16/00675/FUL GRID REF: EAST 429641 NORTH 457151

APPLICATION NO.: 6.79.463.B.FUL

LOCATION: 35 Westville Oval Harrogate North Yorkshire HG1 3JN

PROPOSAL: Erection of detached dwelling (Site Area 0.02ha) (revised scheme).

APPLICANT: Mr Peter Eggleton

To be determined at appeal and the Secretary of State be notified that the local planning authority were minded to Refuse. Reason(s) for refusal:-

1 The development would have an adverse impact upon the spatial quality of the area and harm the visual amenity of the street scene by reason of the siting and form of the dwelling which would not be complementary to, neighbouring buildings and the spatial qualities of the local area. The proposal is contrary to ‘Saved’ Local Plan Policy HD20, Core Strategy Policies SG4 and EQ2 and the Council’s adopted residential design guide in relation to design principles for new development in respect of requiring good design. The proposal also does not accord with the Core Planning Principles contained within the National Planning Policy Framework and the design policies of the National Planning Policy Framework (the Framework) set out in paragraphs 56, 58 and 60.

2 The proposal would harm the living conditions of the occupiers of No 33 Westville Oval and would not secure a good standard of amenity for its future occupants. The proposal is contrary to saved Local Plan Policy HD20 which includes that new development should respect the amenity of nearby residents and occupiers of adjacent buildings and Core Strategy Policy SG4, which seeks to protect or enhance general amenity. The proposal is also contrary to the Framework, which in paragraph 17 states that planning should always seek high quality design and a good standard of amenity for all existing and future occupants of land and buildings.

(Jane McGrail (Objector) attended the meeting and spoke to the item under the Council’s Opportunity to Speak Scheme)

(Unanimous decision) 05/16(07) CASE NUMBER: 16/01242/FUL GRID REF: EAST 429953 NORTH 457259

APPLICATION NO.: 6.79.13228.FUL

LOCATION: 3 Knox Gardens Harrogate North Yorkshire HG1 3AU

PROPOSAL: Erection of single storey extension and levelling of part of rear garden and erection of 1.4m high retaining wall to create patio area.

APPLICANT: Mr & Mrs Andrew Scatchard

APPROVED subject to the following conditions:-

1 The development hereby permitted shall be begun on or before 24.05.2019.

2 The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details.

3 The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building.

Reasons for Conditions:-

1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990. 2 In order to ensure compliance with the approved drawings. 3 In the interests of visual amenity.

(Unanimous decision)

06/16 – APPLICATIONS DETERMINED BY OFFICERS: The Chief Planner submitted a list of planning applications determined under delegated powers, and also those delegated to himself in consultation with the Chair and Vice Chair of the Committee, which had been approved since the last meeting.

RESOLVED (UNANIMOUSLY):

That the report be received.

(D)