57/07 (3) CASE NUMBER: 07/03116/OUT GRID REF: EAST 425365 NORTH 448773

APPLICATION NO.: 6.133.44.E.OUT

LOCATION: Townend Farm Low Lane Stainburn North LS21 2LN

PROPOSAL: Outline application for erection of 1 detached agricultural workers dwelling with access and layout considered (Site Area 0.07ha).

APPLICANT: Mr A Swires

APPROVED subject to the following conditions:-

1 Application for the approval of the reserved matters shall be made to the Local Planning Authority not later than 14.08.2009. The development hereby permitted shall be begun on or before the expiration of one year 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.

2 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.

3 The occupation of the dwelling hereby approved shall be limited to a person solely or mainly employed or last employed in the locality in agriculture, as defined in Section 336 of the Town and Country Planning Act 1990, or in forestry, (including any dependants of such a person residing with him) or a widow or widower of such a person.

4 The occupation of the existing dwelling at Townend Farm shall be limited to a person solely or mainly employed or last employed in the locality in agriculture, as defined in Section 336 of the Town and Country Planning Act 1990, or in forestry, (including any dependants of such a person residing with him) or a widow or widower of such a person.

5 No development shall take place until either -

i. Full details of public open space and village halls to serve the development in accordance with Policy IMP2 of the District Local Development Framework have been submitted to and approved by the Local Planning Authority and agreement has been reached with the Local Planning Authority as to the provision of the same and its subsequent management and maintenance.

ii. Alternative arrangements for the provision of open space have been submitted to and approved in writing by the Local Planning Authority.

6 The existing Public Right of Way shall 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.

NOTE - For information a plan of the definitive Public Right of Way is enclosed. The applicant should discuss with the Highway Authority any proposals for altering the route.

7 Before any part of the development is first brought into use, the existing 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.

8 At the same time as the submission of reserved matters details of the proposed access incorporating a field access to replace the one to be closed under condition 7.0 above, shall be submitted for the written approval of the LPA. Once approved such details shall be implemented to at least base course level prior to construction of the dwelling hereby approved commencing and completed to wearing course prior to occupation. Thereafter the approved accesses shall be retained clear and available for use during the life of the development.

Reasons for Conditions:-

1 To ensure compliance with sections 91-94 of the Town and Country Planning Act 1990. 2 To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters. 3 The development hereby approved would be unacceptable unless justified by the local needs of agriculture or forestry. 4 The development hereby approved would be unacceptable unless justified by the local needs of agriculture or forestry. 5 In order to secure compliance with Policy IMP2 of the Harrogate District Local Development Framework in relation to the provision of open space and village halls for residential development. 6 To protect the route of the Right of Way in the interests of and to protect the general amenity for all prospective users. 7 In the interests of highway safety. 8 In the interests of safety of users of the site/field and adjacent county highway.

JUSTIFICATION FOR GRANTING CONSENT The development meets the criteria set out in Annex A of PPS7. It would not detract from the openness or visual amenity of the Green Belt. The proposal therefore accords with the provisions of the development plan and there are no other material considerations in this instance that warrant setting aside local plan policies.

(Councillor Sarah Fowler (Parish Council) attended the meeting and spoke to the item under the Council’s Opportunity to Speak Scheme)

(Unanimous Decision)