Case No. 19/03854/FULMAJ Item No. 03
Location: Primrose House, Copgrove Road, Burton Leonard, HG3 3SJ.
Proposal: Partial demolition of Primrose House, demolition of commercial buildings and erection of 30 dwellings with alterations to access.
Applicant: Wharfedale Homes Ltd
Access to the case file on Public Access can be found here:- view file
Reason for report: This application was originally presented to the Planning Committee following a request by the Ward Member due to local concerns over the increased number of dwellings compared with the approved development of 23 dwellings.
SUMMARY
This application was first considered by the Planning Committee on 19th November 2019, when it was resolved to defer the granting of permission to the Chief Planner, subject to a s106 agreement requiring the provision of on-site affordable housing and the payment of commuted sums towards Education provision, off-site Public Open Space and Village Halls. As the s106 has yet to be completed and signed, so permission has not yet been granted.
It has since been brought to the Council’s attention that the recommendation was not in line with the recommendation of the Environmental Health Officer (EHO). Specifically, the EHO recommended that a Noise Report be submitted prior to the determination of the application, not prior to commencement, as suggested in the report. This fresh report is therefore presented to the Committee in order to rectify this error.
The application site is currently occupied by Hymas Haulage Company and used as a haulage yard. The site has been thus occupied for many years, but the business is now relocating to a site at Ainderby Quernhow adjacent to the A1 (approved under application reference 17/01712/FULMAJ).
In 2018, planning permission was granted for the erection of 23 dwellings on this site under delegated powers (Ref 17/00525/FULMAJ). Permission was granted
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subject to a s106 agreement providing for on-site affordable housing and commuted sum payments for off-site Public Open Space. The development was largely supported by local residents as it involved the development of a brownfield site and the removal of a potential ‘bad neighbour’ in the centre of the village.
The current application is for 30 dwellings. Concern has been expressed locally that the increased number of units will cause problems for highways and drainage. Nevertheless, the relevant statutory consultees have no objections.
When the application was first considered a late representation objected to the proposed development on the grounds of the noise nuisance caused by the working farm immediately to the south. It was argued that complaints from future residents could affect the viability of the farm. In particular, it is suggested that noise from the grain dryer could cause a nuisance for future occupants of the proposed houses.
Accordingly, the EHO recommended that a noise survey be carried out before permission was granted. This would have to be carried out once the haulage business had vacated the site so that noise associated with that use was removed from background levels.
Subject to agreement from the EHO, if the noise survey concludes that any potential nuisance can be mitigated, permission can be granted subject to such mitigation measures and a s106 agreement. If, however, the survey concludes that noise levels are unacceptable or it is considered that they cannot be mitigated, permission would be refused on those grounds.
RECOMMENDATION: Defer to the Chief Planner pending the receipt of a further noise survey.
a) Subject to the agreement of the Environmental Health Officer (EHO), if the noise survey concludes that any noise nuisance can be adequately mitigated:
APPROVE subject to conditions (including noise mitigation measures) and a S106 Agreement providing for on-site affordable housing and commuted sum payments for off-site Public Open Space.
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or
b) Following receipt of the noise survey, if the EHO concludes that the noise nuisance cannot be adequately mitigated:
REFUSE for the following reason:
The proposed development, by virtue of its proximity to an adjacent working farm, would be adversely affected by noise arising from the farm. Notwithstanding the proposed mitigation put forward by the applicant, such noise would adversely affect the health and quality of life of future residents of the application site, to the detriment of their residential amenity. This planning harm would significantly and demonstrably outweigh the benefits of development and be contrary to guidance in the National Planning Policy Framework and the requirements of Harrogate District Core Strategy Policy SG4 and emerging Local Plan Policy HP4 which require all development proposals to protect, and where possible enhance, residential amenity.
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1.0 SITE DESCRIPTION
1.1 The application site is located to the east of Copgrove Road, on the south side of Burton Leonard. Part of the site falls within the Burton Leonard Conservation Area.
1.2 The site is located to the rear of the residential properties that front onto Copgrove Road and extends to open fields to the east.
1.3 The site extends to approximately 1.3ha. There are houses to the north on Wigby Close and The Orchard, separated by a tall boundary wall. There are also houses on either side of the existing access on Copgrove Road. To the south is a working farm including several farm buildings.
1.4 The site is currently occupied by Alfred Hymas Haulage Company, which uses the site for the parking and maintenance of its haulage fleet and the storage of materials and commodities within the various large commercial buildings on site.
2.0 PROPOSAL
2.1 It is proposed to demolish all commercial buildings on site and erect 30 dwellings, of which 9 (30%) will be affordable.
2.2 The proposed development will include 10 x 3 bed houses, 10 x 4-bed, 1 x one-bed, 7 x 2-bed and 2 x 5-bed.
2.3 All the houses will be served by the existing access off Copgrove Road, which will be improved. The access improvements will necessitate the demolition of part of Primrose House to the north of the existing access.
2.4 The buildings will be built of a mix of stone and brick, with slates and pantiles.
2.5 There will be no development in close proximity to the protected trees in the north-east corner of the site (TPO 26/2017).
3.0 APPLICANT'S SUPPORTING INFORMATION
3.1 The application is accompanied by the following documents:
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Planning Statement Design and Access Statement Tree Survey Noise Impact Assessment Flood Risk Assessment Ecological Survey Geoenvironmental Appraisal and Ground Stability Report
4.0 RELEVANT HISTORY
4.1 17/00525/FULMAJ - Erection of 23 no. dwellings. Granted 25.07.2019.
4.2 TPO 26/2017 – Tree Preservation Order Confirmed 21.11.2017
5.0 NATIONAL & LOCAL POLICY
5.1 National Planning Policy
National Planning Policy Framework
National Design Guide
5.2 Core Strategy
Policy EQ1 Reducing risks to the environment
Policy EQ2 The natural and built environment and green belt
Policy SG4 Settlement Growth: Design and Impact
Policy C1 Inclusive Communities
5.3 Harrogate District Local Plan (2001, As Altered 2004)
Policy HD13 Trees and Woodlands
Policy HD20 Design of New Development and Redevelopment
Policy HD3 Control of Development in Conservation Areas
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Policy E2 Retention of Industrial/Business Land and Premises
5.4 Emerging Policies (as proposed to be modified) from Draft Harrogate District Local Plan 2014-2035
Policy GS1 Providing New Homes and Jobs
Policy GS2 Growth Strategy to 2035
Policy GS3 Development Limits
Policy HS1 Housing Mix and Density
Policy HS2 Affordable Housing
Policy NE3 Protecting the Natural Environment
Policy NE4 Landscape Character
Policy NE7 Trees and Woodland
Policy HP2 Heritage Assets
Policy HP4 Protecting Amenity
Policy HP5 Public Rights of Way
5.5 Supplementary Planning Documents
Provision for Open Space in Connection with New Housing Development
Provision for Village Halls in Connection with New Housing Development
Residential Design Guide
House Extensions and Garages Design Guide
Burton Leonard Conservation Area Character Appraisal
Biodiversity Design Guide
Biodiversity Action Plan
5.6 Other material policy considerations:
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Planning Practice Guidance
6.0 CONSULTATIONS
6.1 NYCC Highways And Transportation – No objection to this development. As part of the development it is proposed to widen the new road to 5.5 metres wide and provide a 2 metre wide footway. These proposals are welcome and will provide a safe pedestrian route from the site and adjoining properties to the village. A condition should be attached to any planning permission to ensure that the road is widened before any housebuilding takes place. This is to ensure the free flow of traffic of the public road during the construction period. The details of the construction of the road will be agreed during the adoption process.
6.2 The proposed/existing visibility splays from the new development onto Copgrove Road are acceptable.
6.3 There are some minor issues with some of the drawing details submitted which can be reconciled through the adoption process. These issues are not likely to impact on the proposed form and layout of the submitted development.
6.4 Permission is recommended subject to planning condition to agree a Construction Traffic Management Plan, prior to the commencement of works on site. Therefore, require the applicant to make the following amendments to the design:
• Provide tactile paving at the entrance of the site at pedestrian desire lines.
• Provide double yellow lines in the turning head.
6.5 Environmental Health - There is a potential for noise from the immediately adjacent agricultural/commercial premises to have an adverse impact on the future occupiers of the proposed development. As such it is considered necessary for a noise assessment to be carried out to assess potential noise impacts and determine any necessary mitigation measures.
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6.6 Therefore, before determining the application, it is recommended that the applicant provides the Local Planning Authority (LPA) with an acoustic report by a suitably competent person.
6.7 The report shall:
(i) Determine the existing noise climate
(ii) Predict the noise climate in gardens (daytime), bedrooms (night-time) and other habitable rooms of the development
(iii) Detail the proposed attenuation/design necessary to protect the amenity of the occupants of the new residences (including ventilation if required).
If levels predicted in the report are unacceptable, it may be necessary to refuse the application. Otherwise, it may be necessary to specify attenuation measures as conditions of consent.
6.8 County Education Officer - Based on the proposed 30 x 2+ bedroom properties a developer contribution of £101,970 would currently be sought for primary education facilities as a result of this development. A developer contribution would not be sought for secondary school facilities at this present time.
6.9 DCS - Open Space – Not received at time of report preparation.
6.10 Housing Department – The revised plans are a big improvement on the previous proposal. There are now affordable homes of the appropriate type and size, and none of them is terraced. Distribution of the affordable homes around the site is acceptable. Housing can support this revised proposal.
6.11 Police Architectural Liaison Officer - The Design and Access Statement submitted with the application shows clearly that the applicant has considered crime prevention and the overall design and layout of the proposed scheme is considered good. This accords with the core principles and design objectives set out in the NPPF in respect of developments creating safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion.
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6.12 Yorkshire Water - Recommends conditions on foul and surface water drainage.
6.13 Footpath Officer - NYCC – Recommends an Informative protecting the nearby public right of way.
6.14 Harrogate Bridleways Association - Does not object to or support the application but wishes to make comments or seek safeguards as set out below: The site will add to the vehicular traffic on the minor country roads in the area which is the only way that horse riders can access the public bridleway network due to the fragmented nature of the public path network, what mitigation will be put in place to reduce the increase risk resulting from the increased traffic for horse riders using the roads to reach these routes? Support the suggestion of the Ramblers Association to join up the public footpath network through the development.
6.15 Ramblers Association - Does not object to or support the application but wishes to make comments or seek safeguards as set out below:
There is a missed opportunity for this development to join up with the local footpath network. There is a public footpath running roughly north to south along the eastern boundary of the site. It would be good to see this joining up with the new road to be created through the site, possibly adjacent to Plot No. 16. This would be a very useful route for the new residents of these houses, and a useful route for all pedestrians.
6.16 NYCC Lead Local Flood Authority (SuDS) – Requires further information before any planning permission is granted;
1. consultation with the Highways/Bridges team to ensure that they are satisfied with the design and any long term maintenance strategy i.e. Yorkshire Water inspections, if it is to be adopted.
2. confirm with Yorkshire Water that they will accept the 3l/s and that the system will be adopted, either in its entirety or where the network leaves the site boundary.
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3. Due to the number of major development proposals in the general area, planning to discharge surface water to the same watercourses/sewer system, it is essential and reasonable that surface water runoff from individual sites is diligently managed to ensure receiving networks are not overloaded. A comprehensive hydrological assessment should be submitted to demonstrate that the receiving system is fit for purpose and will not increase flood risk, either on or off site.
4. 10% Urban Creep should be included within the drainage design proposal.
5. Full Micro Drainage calculations should be submitted, detailing the design criteria summary, contributing area summary, full network details table, pipeline schedule, control/storage structure details and results summary. The drainage network must be designed and demonstrate, that unless an area is designed to hold and/or convey water;
Surface water flows is contained within the proposed drainage pipes without surcharge for up to the 1 in 2 year flood event, Flooding does not occur on any part of the site for a 1 in 30 year rainfall event, with all development surface water flows remaining within the proposed drainage system, Flooding does not occur during a 1 in 100 year rainfall event (+CC) in any part of a building (including a basement) or in any utility plant susceptible to water (e.g. pumping station or electricity substation) within the development. The Hydraulic model must be referenced to schematic layout plan with all pipes, manholes, drainage and ancillary features clearly numbered.
7.0 VIEWS OF THE PARISH COUNCIL
7.1 Burton Leonard Parish Council (BLPC) objects to the latest Alfred Hymas site redevelopment proposals in their current form on the grounds set out below.
Surface Water Drainage
Potential for cumulative impacts on surface water systems concurs with the input from by NYCC LLFA
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Insufficient detailed information has been provided regarding the impact upon flood risk and drainage
Parking and Traffic Impacts
Inadequate parking provision no employment opportunities in the village No parking facilities in the village or road-side parking to accommodate any extra vehicles increase in peak-time traffic flow will impact already difficult junctions - such as at Wormald Green turning onto the A61 where Station Lane joins.
Materials
Materials are likely to be of inferior quality. The development site lies within (in part) or adjacent to the village's Conservation Area. If the Council is minded to grant planning permission then a planning condition within any approval should be for use of 'real' stone and brick to blend with surrounding vernacular
8.0 OTHER REPRESENTATIONS
8.1 11 representations received objecting to the proposed development.
8.2 Grounds of objection:
Increased number of houses Lack of parking Increased traffic through the village Surface water drainage Cumulative impact with other housing developments Lack of employment opportunities locally Poor quality materials Overbearing of neighbour Loss of light to neighbour Loss of privacy
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Noise impacts from neighbouring farm on future residents Light pollution from neighbouring farm
9.0 ASSESSMENT
9.1 Main issues
Sustainability Housing Policy Affordable Housing Employment Land Public Open Space/Village Halls Public Right of Way Conservation Area Drainage Landscape Residential Amenity Highways Trees Ecology Section 106
9.2 Sustainability
9.3 SOCIAL SUSTAINABILITY
9.4 Housing Policy
9.5 The site was included as a Draft allocation site (BL9: Alfred Hymas site) and is within the draft development limit of Burton Leonard as set out in Policies GS2 and GS3 of the emerging Local Plan. The proposed development therefore complies with Policies GS2 and GS3 of the emerging Local Plan.
9.6 Paragraph 48 of the NPPF advises that increased weight can be given to emerging Local Plan policies as they progresses towards adoption. Case law establishes that it is for the decision maker (the Council) to decide what weight to apply to any particular factor. As this allocation is not subject to
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Modifications, it is considered that significant weight that can be attached to the allocation and the draft development limit for Burton Leonard.
9.7 Affordable Housing
9.8 Affordable housing will be provided on site at a rate of 30% (9 No.) in accordance with emerging Local Plan Policy HS2.
9.9 The amended layout and housing mix are supported by the Housing Officer.
9.10 The provision of on-site affordable housing would be secured by a s106 agreement.
9.11 Employment Land
9.12 Saved Local Plan Policy E2 states that the loss of industrial/business land and premises to other uses will not be permitted unless:
A) The continued use of the site for industrial/business purposes would cause unacceptable planning problems; or
B) The site is allocated for another purposed in the Local Plan; or
C) The site it in a town centre and the proposed use or mixture of uses would add to the centre’s vitality and viability without harming the supply of employment land and/or premises.
9.13 It was previously considered that the site fell within exception A) of Policy E2. Although the current occupier does not appear to be causing problems for neighbours, this is more due to the good practice of the current occupants rather than the nature of the site itself. The site is sandwiched between areas of housing, with those to the north being particularly close. As a long-standing business there do not appear to be any constraints on the operation of the business, either through hours of operation or noise levels. Another occupant could therefore have the potential to seriously affect the residential amenities of neighbours.
9.14 In any event, the proposed development would not result in the loss of employment land within the District. The proposed development is intended to
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facilitate the relocation of the business to a more appropriate site in terms of access and residential amenity. Planning permission has recently been granted for this new site at Middleton Quernhow (Ref 17/01712/FULMAJ), on a site which was not allocated for employment use
9.15 The site already has the benefit of full planning permission for 23 dwellings and the loss of employment land has already been accepted. The current application simply seeks permission for an additional 7 dwellings.
9.16 Public Open Space/Village Halls
9.17 At the time of writing the commuted sums for the provision of off-site Public Open Space and Village Halls had not been calculated. An update will be provided at the committee meeting.
9.18 The payment of these commuted sums will be the subject of a s106 agreement.
9.19 Public Rights of Way
9.20 A public right of way runs along the edge of the field to the rear (east) of the site. This path runs south from Mill Lane to Apron Lane to the south-east of the village.
9.21 The Ramblers Association have suggested that a new footpath be created within the site, to link with this existing right of way.
9.22 However, the topography of the site, which lies at a lower level than the adjacent field, makes such a linkage impractical. Such a link would also require the removal of a section of hedgerow which helps to screen the site from public view. It would also make the site more permeable, contrary to the advice of the Police Architectural Liaison Officer.
9.23 The most direct route for residents of the site to village services lies via the front of the site.
9.24 ENVIRONMENTAL SUSTAINABILITY
9.25 Conservation Area
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9.26 The western third of the site, fronting Copgrove Road, is within the Burton Leonard Conservation Area. The application was accompanied by an addendum to the Design and Access Statement (DAS), which addressed the impact of the proposed development on the Conservation Area.
9.27 Section 72 of the Planning (Listed Buildings and Conservation Areas) Regulations Act 1990 requires that special attention shall be paid in the exercise of planning functions to the desirability of preserving or enhancing the character or appearance of a Conservation Area.
9.28 Saved Local Plan Policy HD3 states that development which has an adverse effect on the character or appearance of a Conservation Area will not be permitted.
9.29 Emerging Local Plan Policy HP2 (Heritage Assets) states that proposals for development should protect and, where appropriate, enhance those elements that contribute to the significance of the district's heritage assets. Special regard will be had to those aspects of the historic environment which are of particular importance to the distinctive character of the district.
9.30 The Conservation Area Character Appraisal states that new buildings will only be permitted where they respect, rather than compete with the historic skyline, respect landform and landscape pattern and are accompanied by a comprehensive landscape scheme that is integral to the design. New development must be of a suitable quality of design and execution and should relate to its context and respect the established values identified in the Appraisal. The Council will encourage new development that complements the establish grain or settlement pattern, whilst representing the time in which it is built and the culture it accommodates. New development should respect and not impact on the existing spaces between buildings.
9.31 Development proposals will be permitted where, inter alia, they ensure that proposals affecting a Conservation Area protect and, where appropriate, enhance those elements that have been identified as making a positive contribution to the character and special architectural or historic interest of the area and its setting.
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9.32 The removal of the existing commercial buildings and their use as a haulage depot will enhance the character and appearance of the Conservation Area.
9.33 The site is generally well screened from view from Copgrove Road and would have a minimal impact on the streetscene, the properties on the road frontage being retained. Although the existing access would be widened through the partial demolition of a single storey garage, this is not considered to harm the character and appearance of the Conservation Area.
9.34 By maintaining the protected trees along the northern boundary, the proposed development will reduce impacts on the Conservation Area to the north.
9.35 It is considered that the proposed site layout and design of the dwellings respect the character and appearance of the Conservation Area.
9.36 When considering the draft Allocation Site (Ref BL9), the Council’s Conservation Officer concluded that the development of the site could improve the appearance and landscape edge of the site.
9.37 The Parish Council have criticised the use of reconstituted stone and ‘inferior quality’ roof materials. Of the 30 proposed dwellings, two will sit within the Conservation Area, forming a ‘gateway’ to the site. It is agreed that these two units should be built of natural stone and this can be secured by means of a planning condition. Although the application is accompanied by an External Materials Plan, all materials, including sample panels, would be subject to conditions requiring prior approval.
9.38 Subject to this minor amendment it is considered that overall the proposed development would enhance the character and appearance of the Conservation Area.
9.39 Drainage
9.40 Foul water
9.41 Foul drainage from the site will enter the public sewer on Copgrove Road. Yorkshire Water has no objection to the proposed development.
9.42 Surface water
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9.43 The application is accompanied by a Drainage Feasibility Layout.
9.44 The Local Lead Flood Authority (LLFA) has requested further information, including a Drainage Impact Assessment or Flood Risk Assessment. The Parish Council has also expressed concern about surface water drainage and the impact of the proposed development on sewerage infrastructure.
9.45 At the time of writing these documents and the LLFA’s comments thereon had yet to be received. An update will be provided at the meeting.
9.46 Landscape
9.47 Emerging Local Plan Policy NE4 (Landscape Character) states that proposals that will protect, enhance or restore the landscape character of the Harrogate district for its own intrinsic beauty and for its benefit to the economic, environmental and social well-being of the district will be supported.
9.48 The site is rectangular in form consisting of a cluster of buildings along Copgrove Road with an open depot / yard area to the rear of the buildings. The yard is separated from a PROW running along the eastern boundary by a small area of rough grassland. Hedgerows border the open yard to the south-east with arable fields beyond. The hedgerow then continues in a northerly direction alongside the route of the PROW.
9.49 When considering the draft Allocation Site (Ref BL9), the Council’s Landscape Officer Site concluded that the site was is of low sensitivity. The development would extend the development footprint of the settlement to some extent but was not considered a major intervention of this brownfield site.
9.50 The proposed development would result in the loss of a group of large commercial/industrial buildings which at present detract from the landscape setting of the village. These would be replaced by 2-storey dwellings in materials more in keeping with the village setting. The inclusion of an additional 7 dwellings is not considered to cause any harm to the landscape setting of the village.
9.51 In conclusion, it is considered that the proposed development would enhance the landscape setting of the village.
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9.52 Residential Amenity
9.53 Core Strategy Policy SG4 states that states that development proposals should be well integrated with, and complementary to, neighbouring buildings and the spatial qualities of the local area; and be appropriate to the form and character of the settlement and/or landscape character. Visual, residential and general amenity should be protected and where possible enhanced.
9.54 Emerging Local Plan Policy HP4, which now carries significant weight, states that development proposals should be designed to ensure that they will not result in significant adverse impacts on the amenity of occupiers and neighbours.
Amenity considerations will include the impacts of development on:
A. Overlooking and loss of privacy;
B. Overbearing and loss of light; and
C. Vibration, fumes, odour noise and other disturbance.
9.55 Existing Uses
9.56 As an operational haulage yard the current use could be classed as an incongruous bad neighbour, capable of harming the residential amenities of existing neighbours through noise disturbance, fumes etc. While the current occupier appears to have been a good neighbour, and does not appear to have generated any complaints, the fact is that the historic use of the site means that there are no restrictive conditions, and a less scrupulous occupier could cause more disturbance to neighbours. The EHO has acknowledged that the removal of the haulage business will provide a benefit to the occupants of existing noise sensitive premises in the vicinity of the site.
9.57 There can be no doubt that the proposed housing development would be a more benign use of the site, more in keeping with surrounding land uses, and less likely to harm residential amenities. Accordingly, apart from any short- term disturbance associated with the construction period, it is considered that
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the proposed development will enhance the residential amenities of neighbours.
9.58 Overlooking/overbearing
9.59 There are existing residential properties located in Wigby Close and The Orchard which forms the northern boundary of the site, as well as on Copgrove Road which forms the western boundary. To the east is agricultural land and to the south is a farm.
9.60 The nearest houses to the development lie on The Orchard on the opposite side of the tall boundary wall to the north. The boundary wall prevents any mutual overlooking at ground floor level.
9.61 Nevertheless in response to the short separation distances, the nearest houses on Plots 6 and 7 have been amended to have pyramidal roofs, thus reducing the impact on neighbours’ dwellings on The Orchard. The nearest house on Plot 7, would have one small bathroom window on the facing first floor, which can be obscurely glazed by condition.
9.62 Noise
9.63 The application is accompanied by a Noise Report by Nova Acoustics.
9.64 The Report states that operations on the farm are limited, apart from the summer harvest period when a grain dryer will be in operation. However, a submission from the neighbouring farmer suggests that the impacts of noise from the grain dryer, and other sources on the farm, have been underestimated in this report.
9.65 According to the neighbouring farmer the drying process takes around 2.5 hours during the harvest (July – October). Once dried, grain is taken from the dryer to the store, which is directly adjacent to the application site. The nearest houses would be about 3m from this boundary.
9.66 During this period work starts in the farmyard at around 5:30am, with the grain dryer starting at 6:00am. This can operate until 10:00pm.
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9.67 Out of the harvest season there will be farm traffic noise associated with the transporting of grain off site.
9.68 It is also claimed that there will be a noise nuisance caused by the six dogs (including one guard dog) on the farm.
9.69 The Environmental Health Officer (EHO) has recommended that a further noise impact assessment be carried out prior to permission being granted, to cover activities from the farm so that appropriate mitigation measures can be agreed. Such mitigation measures could include glazing, ventilation and sound insulation. However, if the noise levels are considered to be unacceptable, irrespective of any mitigation measures, permission should be refused.
9.70 Highways
9.71 This development consists of the erection of 30 houses. The development is essentially a large cul-de-sac that takes access from Copgrove Road.
9.72 As part of the development it is proposed to widen the new road to 5.5 metres wide and provide a 2 metre wide footway. These proposals are welcome and will provide a safe pedestrian route from the site and adjoining properties to the village.
9.73 A condition is proposed which would ensure that the road is widened before any housebuilding takes place. This would ensure the free flow of traffic of the public road during the construction period. The details of the construction of the road will be agreed during the adoption process.
9.74 The Highway Authority is satisfied that the proposed/existing visibility splays from the new development onto Copgrove Road are acceptable.
9.75 The Highway Authority has no objection to this development. However, there are some minor issues with some of the drawing details submitted, which can be reconciled through the adoption process. These issues are not likely to impact on the proposed form and layout of the submitted development.
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9.76 The Harrogate Bridleways Association has objected to the development on the grounds that it will generate increased traffic on minor country roads, causing possible conflict with horse riders. However, the proposed development of 30 dwellings will generate similar levels of traffic to the existing haulage yard and, apart from the construction phase, will all but eliminate HGV traffic associated with site.
9.77 Trees
9.78 Saved Local Plan Policy HD13 states that proposals which would involve the loss of trees or woodland which contribute to the character or setting a settlement will not be permitted.
9.79 Emerging Local Plan Policy NE7 (Trees and Woodland) states that development should positively incorporate new and protect and enhance existing trees that contribute to the character and/or setting of a settlement, unless there are clear and demonstrable reasons why removal would aid delivery of a better development.
9.80 There are five groups of trees on the northern boundary of the application site. The groups include ash and sycamore trees.
9.81 The trees can be clearly seen from outside the site and form part of the village landscape setting, as well as acting as a green buffer between the current haulage depot and neighbouring houses immediately to the north.
9.82 Once the previous application was submitted, and the site inspected, it was determined that these trees were worthy of protection. As they were outside the Conservation Area, they were afforded no protection. A TPO was duly recommended and confirmed on 21 November 2017 (Ref TPO 26/2017).
9.83 The proposed development would not result in any harm to these protected trees, subject to conditions. The proposed development is therefore not contrary to Saved Local Plan Policy HD13.
9.84 Ecology
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9.85 Emerging Local Plan Policy NE3 (Protecting the Natural Environment) states that proposals that protect and enhance features of ecological and geological interest and seek to provide net gains in biodiversity will be supported.
9.86 The development is about 700m north-east of the Yorkshire Wildlife Trust’s (YWT) reserve at Burton Leonard Lime Quarry which is notified as an SSSI due to the importance of the Magnesian limestone grassland on the site.
9.87 Responding to the previous application (Ref 17/00525/FULMAJ) the YWT pointed out that the application site is within easy walking distance of the reserve and there could be potential for cumulative development in the village leading to increase pressure from dog walking and disturbance on the reserve.
9.88 Although the YWT have not commented on the current application, it did submit an objection to the previous application. However, there was no evidence to suggest that the approved development of 23 dwellings would have led to significant harm to the reserve and SSSI. It is considered that the 7 additional dwellings now proposed would not cause any harm to the SSSI.
9.89 ECONOMIC SUSTAINABILITY
9.90 The proposed development will bring economic benefits to the District, including the New Homes Bonus and job creation through the construction phase both directly on the construction site and within the supply chain, together with the employment of apprentices.
10.0 OTHER MATTERS
10.1 SECTION 106 AGREEMENT
10.2 Any permission granted would be subject to a s106 agreement covering the provision of affordable housing, and the payment of commuted sums for off- site public open space and contributions to education provision. The latter is now required as the total number of dwellings exceeds 25. Commuted sums for off-site public open space and village halls will increase pro rata given the 7 additional dwellings.
11.0 PLANNING BALANCE & CONCLUSION
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11.1 The proposed development is considered to enhance the character and appearance of the Burton Leonard Conservation Area, and would not harm the residential amenities of neighbours. The development represents development of brownfield land in a sustainable settlement, and is considered to be in accordance with existing and emerging development plan policies and the NPPF.
12.0 RECOMMENDATION
12.1 That the application be DEFERRED for the submission of a noise report and then either:
a) should the Environmental Health Officer (EHO) conclude that the mitigation measures proposed by the Noise Report are satisfactory and noise nuisance can be adequately mitigated, the Chief Planner to APPROVE subject to the conditions set out below and a s106 Agreement with the following Heads of Agreement:
Education contribution of £101,970 Public Open Space contribution (to be confirmed) Village Hall contribution (to be confirmed)
or
b) should the EHO conclude that noise nuisance cannot be adequately mitigated that permission be REFUSED for the following reason:
1) The proposed development, by virtue of its proximity to an adjacent working farm, would be adversely affected by noise arising from the farm. Notwithstanding the proposed mitigation put forward by the applicant, such noise would adversely affect the health and quality of life of future residents of the application site, to the detriment of their residential amenity. This planning harm would significantly and demonstrably outweigh the benefits of development and be contrary to guidance in the National Planning Policy Framework and the requirements of Harrogate District Core Strategy Policy SG4 and emerging Local Plan Policy HP4 which require all development
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proposals to protect, and where possible enhance, residential amenity.
Conditions in the event that the application is approved:
1. The development hereby permitted shall be begun on or before 3 years from the date of this permission.
2. The development hereby permitted shall not be carried out otherwise than in strict accordance with the following drawings and as modified by the conditions of this consent.
1086:01 rev A Location Plan
1086:03 rev J Proposed Layout
1086:04 rev E Proposed External Materials
1086:12 rev B House Type C Semi Floor Plans (Plots 21,22,23,24)
1086:13 rev B House Type C Semi Elevations (Plots 21,22,23,24)
1086:16 rev B House Type H 3-bed Floor Plans (Plots 25, 26, 27, 28)
1086:17 rev A House Type H 3-bed Elevations (Plots 25, 26, 27, 28)
1086:18 rev A House Type K Floor Plans (Plots 4, 29)
1086:19 rev A House Type K Elevations (Plots 4, 29)
1086:20 rev A House Type K 3-bed Floor Plans (Opp)(Plots19,30)
1086:21 rev A House Type K 3-bed Elevations (Opp)(Plots19,30)
1086:22 rev A House Type N 3-bed Floor Plans (Plot 2)
1086:23 rev A House Type N 3-bed Elevations (Plot 2)
1086:24 rev A House Type S Floor Plans (Plots 3, 12, 18, 20)
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1086:25 rev A House Type S Elevations (Plots 3, 12, 18, 20)
1086:26 House Type T 4-bed Floor Plans (Plot 1)
1086:27 House Type T 4-bed Elevations (Plot 1)
1086:28 House Type T 4-bed Floor Plans (Plot 5)
1086:29 House Type T Elevations (Plot 5)
1086:30 rev A House Type T 4-bed Floor Plans (Plot 11)
1086:31 rev A House Type T 4-bed Elevations (Plot 11)
1086:32 rev A House Type W 4-bed Floor Plans (Plot 13)
1086:33 rev A House Type W Elevations (Plot 13)
1086:34 rev A House Type W Floor Plans (Plots 15, 17)
1086:35 rev A House Type W Elevations (Plots 15, 17)
1086:36 rev A House Type X 5-bed Floor Plans (Plots 14,16)
1086:37 rev A House Type X Elevations (Plots 14,16)
1086:38 rev B House Types A&C – 1/2-bed Semi (Plots 9, 10)
1086:39 House Type H Detached Plans and Elevations (Plot 8)
1086:40 rev A Garage Plans and Elevations
1086:41 rev A Garage Plans and Elevations
1086:42 rev A House Type C – Floor Plans Pyramid Roof (Plots 6,7)
1086:43 rev A House Type C – Elevations Pyramid Roof (Plots 6,7)
3. Notwithstanding the Proposed External Materials plan, before the first use of any materials in the external construction of the roof and walls of the development hereby approved, samples of those materials shall have been made available for inspection by, and the written approval of, the Local
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Planning Authority and the development shall be carried out in strict accordance with the approved details.
4. Prior to the commencement of the external construction of the walls of the development hereby approved 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. Development shall be carried out in strict accordance with the approved details and the sample stonework panel shall be retained on site during the period of construction of all external walls that are constructed in stone.
5. 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 prior to the commencement of any external construction of the walls of the development hereby approved. The 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 and shall be implemented in strict accordance with details as approved by the Local Planning Authority.
6. 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.
7. (a) No operations shall commence on site or any development be commenced before the developer has implemented the report detail including root protection area (RPA) (as per Quants environmental Tree Report and Method Statement dated 25th July 2017) fencing in line with the requirements of British Standard BS 5837: 2012 (section 6.2.2 figure 2) Trees in Relation to Construction - Recommendations, or any subsequent amendments to that document, around the trees or shrubs or planting to be retained, as indicated on the approved plan and for the entire area as specified in accordance with
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BS 5837:2012. The developer shall maintain such fences until all development the subject of this permission is completed.
(b) No operations shall commence on site in connection with the development hereby approved (including any demolition work, soil moving, temporary access construction and/or widening or any operations involving the use of motorised vehicles or construction machinery) until the root protection area (RPA) works required by the approved tree protection scheme and ground protection detail (no dig) are in place. The level of the land within the fenced areas shall not be altered without the prior written consent of the Local Planning Authority.
(c) The arboricultural consultant is to monitor and ensure that the above conditions are met during the development reporting to the planning authority in line with the tree report details (fortnightly inspections) and notify the LPA of any deviations.
8. 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:
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(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 Part 2A 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
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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.
9. The site shall be developed with separate systems of drainage for foul and surface water.
10. No development shall take place until details of the proposed means of surface water drainage, including details of any balancing works and off-site works have been submitted to and approved in writing by the local planning authority. Furthermore, unless otherwise approved in writing by the local planning authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works.
11. The drainage system must be designed so that, unless an area is designed to hold and/or convey water, flooding does not occur on any part of the site for a 1 in 30 year rainfall event.
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Calculations must include an allowance for urban creep where required and climate change. The drainage system must be designed so that, unless an area is designed to hold and/or convey water, flooding does not occur during a 1 in 100 year rainfall event in any part of a building (including a basement) or in any utility plant susceptible to water (e.g. pumping station or electricity substation) within the development. Calculations must include an allowance for urban creep where required and climate change. This requirement is recognised but must be reflected in the drainage layout.
The design of the site must ensure that flows resulting from rainfall in excess of a 1 in 100 year rainfall event are managed in exceedance routes that avoid risk to people and property both on and off site.
12. Works to demolish buildings or remove vegetation on site shall be commenced outside the main birds nesting season (March to August inclusively) unless a pre-commencement check by a suitably experienced ecologist demonstrates that no actively nesting birds would be disturbed.
13. A scheme for ecological mitigation and enhancement shall be approved in writing by the local planning authority prior to the commencement of works. Such a scheme shall include the provision of integrated bat and swift bricks.
14. Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks, except for investigative works or the depositing of material on the site, until the following drawings and details have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority:
(1) Detailed engineering drawings to a scale of not less than 1:500 and based upon an accurate survey showing:
(a) the proposed highway layout including the highway boundary
(b) dimensions of any carriageway, cycleway, footway, and verges
(c) visibility splays
(d) the proposed buildings and site layout, including levels
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(e) accesses and driveways
(f) drainage and sewerage system
(g) lining and signing
(h) traffic calming measures
(i) all types of surfacing (including tactiles), kerbing and edging.
(2) Longitudinal sections to a scale of not less than 1:500 horizontal and not less than 1:50 vertical along the centre line of each proposed road showing:
(a) the existing ground level
(b) the proposed road channel and centre line levels
(c) full details of surface water drainage proposals.
(3) Full highway construction details including:
(a) typical highway cross-sections to scale of not less than 1:50 showing a specification for all the types of construction proposed for carriageways, cycleways and footways/footpaths
(b) when requested cross sections at regular intervals along the proposed roads showing the existing and proposed ground levels
(c) kerb and edging construction details
(d) typical drainage construction details.
(4) Details of the method and means of surface water disposal.
The development shall only be carried out in full compliance with the approved drawings and details unless agreed otherwise in writing by the Local Planning Authority with the Local Planning Authority in consultation with the Highway Authority.
(5) Details of all proposed street lighting.
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(6) Drawings for the proposed new roads and footways/footpaths giving all relevant dimensions for their setting out including reference dimensions to existing features.
(7) Full working drawings for any structures which affect or form part of the highway network.
(8) A programme for completing the works.
(9) A plan showing the double yellow lines that will be installed in the turning head, and once approved, installed on site to the satisfaction of the Local Highway Authority.
(10) A plan showing pedestrian tactile paving at the entrance of the site.
15. No dwelling to which this planning permission relates shall be occupied until the carriageway and any footway/footpath from which it gains access is constructed to basecourse macadam level and/or block paved and kerbed and connected to the existing highway network with street lighting installed and in operation.
The completion of all road works, including any phasing, shall be in accordance with a programme approved in writing with the Local Planning Authority in consultation with the Highway Authority before the first dwelling of the development is occupied.
16. 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.
17. No dwelling shall be occupied until the related parking facilities have been constructed in accordance with proposed drawing no. Y81:1086.03 rev G. Once created these parking areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.
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18. Unless otherwise approved in writing by the Local Planning Authority, there shall be no HCVs brought onto the site until a survey recording the condition of the existing highway has been carried out in a manner approved in writing by the Local Planning Authority in consultation with the Highway Authority.
19. No development shall take place until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority in consultation with the Local Highway Authority. The approved Statement shall be adhered to throughout the construction period for the phase. The statement shall provide for the following in respect of the phase:
a. the parking of vehicles of site operatives and visitors
b. loading and unloading of plant and materials
c. storage of plant and materials used in constructing the development
d. erection and maintenance of security hoarding including decorative displays and facilities for public viewing where appropriate
e. wheel washing facilities
f. measures to control the emission of dust and dirt during construction
h. HGV deliveries to be within 0915 -1500 hours
20. The window in the north gable of the house on Plot 7 shall be obscure glazed to level 3 or higher of the Pilkington scale of privacy or equivalent and that level of obscure glazing shall be retained throughout 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. In order to ensure that the development is carried out in accordance with the approved drawings.
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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 safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.
6. To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.
7. In order to protect trees on site
8. 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.
9. To prevent pollution of the water environment.
10. To ensure that no surface water discharged take place until proper provision has been made for its disposal.
11. To ensure that the development can be properly drained.
12. In order to protect nesting birds
13. In order to protect and enhance biodiversity
14. To secure an appropriate highway constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of highway users.
15. To ensure safe and appropriate access and egress to the dwellings, in the interests of highway safety and the convenience of prospective residents.
16. In the interests of highway safety.
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17. 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.
18. In the interests of highway safety and the general amenity of the area.
19. To provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area.
20. In the interests of residential amenity.
12.2 INFORMATIVES
1. In imposing Condition No.14 above it is recommended that before a detailed planning submission is made a draft layout is produced for discussion between the applicant, the Local Planning Authority and the Highway Authority in order to avoid abortive work. The agreed drawings must be approved in writing by the Local Planning Authority for the purpose of discharging this condition.
2. This application is subject to a Section 106 agreement.
3. With regard to Condition 20 A competent person should undertake any noise survey and developers may wish to contact the Association of Noise Consultants http://www.association-of-noiseconsultants. co.uk/Pages/Links.htm (01736 852958) or the Institute of Acoustics http://www.ioa.org.uk (01727 848195) for a list of members.
4. No works are to be undertaken which will create an obstruction, either permanent or temporary, to the Public Right of Way adjacent to the proposed development. 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.
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In the event of any changes being needed to the wording of the Committee's decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Chief Planner has delegated authority to do so in consultation with the Chairman of the Planning Committee, provided that the changes do not exceed the substantive nature of the Committee's decision.
Case Mark Williams Expiry Date: 19 December 2019 Officer:
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