HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 8 July 2014
HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 8 July 2014
PLAN: 01 CASE NUMBER: 13/02786/EIAMAJ GRID REF: EAST 427756 NORTH 453408 APPLICATION NO. 6.500.7.V.EIAMAJ DATE MADE VALID: 12.07.2013 TARGET DATE: 11.10.2013 REVISED TARGET: CASE OFFICER: Mr Graham Brookfield WARD: Falls Within 2 Or More
VIEW PLANS AT: http://uniformonline.harrogate.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=MQ4EU2HY00200
APPLICANT: HTH Harrogate LLP
AGENT: Nexus Planning
PROPOSAL: Outline application for 450 dwellings, mixed use local centre to include retail, primary school, village green, open space and associated infrastructure with access considered. (Site area 28.07 ha).
LOCATION: Land Adjacent To Otley Road, Howhill Road And Beckwith Head Road Harrogate North Yorkshire HG3 1QL
REPORT
SITE AND PROPOSAL The site is located to on the western edge of Harrogate. It is bordered to the north by Otley Road, to the east by Beckwith Head Road, to the west by Howhill Road and to the south a narrow part of the site is bordered by Howhill Quarry Road. The site is largely undeveloped and in agricultural use apart from Bluecoat Nurseries which is operated by Horticap and an equestrian business to the southeast of the site. A few dwellings also border the site. To the northeast of the site are Harlow Carr Gardens, to the east is Cardale Business Park. Beckwithshaw village lies further to the west.
This is an outline application for 450 dwellings, a mixed use local centre, land for a primary school, village green, open space and associated infrastructure. The proposal also involves the relocation of the cricket pitch within the site.
A gas main passes through the western part of the site. The applicant has taken account of this in the Masterplan layout.
MAIN ISSUES 1 Principle of Development and Policy 2 Local and Strategic Highway Impacts 3 Sustainability and accessibility 4 Design and Layout 5 Visual and Landscape Impact 6 Trees 7 Ecology 8 Affordable Housing 9 Education 10 Open Space 11 Crime 12 Drainage and flooding 13 Sustainable construction requirements 14 Land contamination, air quality and noise 15 Archaeology 16 S106 Agreement Summary
RELEVANT SITE HISTORY 12/00656/SCOPE – Scoping Opinion for housing, community centre, primary school, village green, open space and associated infrastructure, Opinion given 19.07.2012.
There is no planning history that relates to the whole site. Various minor applications have been considered and determined in relation to development at Horticap and the provision of a permanent dwelling at the riding school in the south east of the site.
CONSULTATIONS/NOTIFICATIONS
Policy Dev Unit NYCC In general, support is given to the fact that the additional housing would bring economic benefits to this part of the county, both through direct construction and subsequently through the indirect effects of household expenditure, etc.
Although detailed drainage design is not available at this time, would raise the issue that attenuation by means of underground storage is not favoured due to maintenance and inspection issues and the possibility of severe flooding caused by sudden failure of this mechanism. When the SuDS Approval Body is in place, would only permit this method should surface measures such as retention ponds, basins and swales not be possible.
The geophysical survey has been undertaken over those parts of the development area that were readily accessible. The survey has identified areas of magnetic disturbance from modern land use. However, a possible enclosure of prehistoric date has also been identified.
Advise that a programme of trial trenching as recommended by the Desk Based Assessment and the geophysical survey report is undertaken to ground truth the results of the survey work undertaken to date. As per paragraph 128 of the NPPF, advise that this work is undertaken in advance of a planning decision being taken to determine the extent of archaeological features, the significance of archaeology and therefore determine the impact that the development may have.
Detailed comments have been incorporated into the body of the report.
DOT - Highways Agency No objection.
BECKWITHSHAW PARISH COUNCIL (119,120) Beckwithshaw
Environment Agency - Dales Area Office Are pleased to see that aims and objectives of the Water Framework Directive have been considered as part of the EIA, and that an assessment of the potential impacts of the development on the water environment has been undertaken. Whilst they have concerns over the proposals to divert and culvert sections of Harlow Hill Slack, the applicant has acknowledged that a land drainage consent from NYCC will be required for any works on the watercourse. They are pleased that consideration has been given to measures for the reduction, re-use and recycling of waste.
There is insufficient evidence to suggest that a borehole is needed to augment flows. They would be responsible for issuing a licence for any water abstraction through a borehole, but it would have to be demonstrated that this was a reasonable use of water. No evidence has been submitted that would support this case.
Natural England Based upon the information provided the proposal is unlikely to affect any statutorily protected sites or landscapes. On the basis of the information available to us, our advice is that the proposed development would be unlikely to affect bats. This application may provide opportunities to incorporate features into the design which are beneficial to wildlife. The authority should consider securing measures to enhance the biodiversity of the site from the applicant. This application may provide opportunities to enhance the character and local distinctiveness of the surrounding natural and built environment; use natural resources more sustainably; and bring benefits for the local community. Natural England welcomes the inclusion of the Green Infrastructure Plan submitted. The proposed amendments to the original application are unlikely to have significantly different impacts on the natural environment than the original proposal.
Conservation and Design Section The Parameter Plan in relation to Access and Movement is satisfactory because the general position of the access points are agreed, and the routes across the site are indicative only.
Detailed comments have been incorporated into the body of the report.
Landscape Officer No objection on landscape grounds to the outline application, provided that the detailed issues raised in response are addressed within the reserved matters application and providing that the 'Parameter Plans' and the 'Illustrative Site Layout' and the supporting text within the LVIA can be conditioned as part of any approval given for this site. Satisfied in principle with the amendments covered by letter and Green Infrastructure Schedule and Plan (dated 24.01.14) in respect of the alterations to the access points onto Otley Road.
Detailed comments have been incorporated into the body of the report.
Health and Safety Executive HSE does not advise, on safety grounds, against the granting of planning permission in this case.
Northern Gas Networks (Joint Radio) A very important high pressure natural gas pipeline owned and operated by Northern Gas Networks crosses the proposed site. This pipeline will be protected by an easement which restricts the work which may be undertaken within that easement without consultation with Northern Gas Networks. No permanent structures should be erected within the easement, nor should ground levels be reduced or increased. Additionally, there is a restriction on the tree planting which may be undertaken within the easement strip. Access to the pipeline along the full easement strip should not be restricted.
Additionally, a low pressure gas main runs along the verge of Otley Road. This main may be affected by any proposed road widening and may require a section replacing at a greater depth. The cost of any diversion works would be rechargeable to the developer.
Housing Department The applicants have agreed to provide the Council's target percentage of affordable homes, subject to financial viability. The mix, type, size, tenure, location and phasing of those homes will be controlled by condition and agreed at Reserved Matters stage. As such, Housing supports the proposal.
NYCC Highways And Transportation Conditions recommended and matters to be included in a Section 106 agreement. The Highway Authority response has been included within the main body of this report.
Planning Policy With the withdrawal of the Sites and Policies DPD, no weight can be given to this document in determining this application. Nonetheless, by including this site as an allocation in the withdrawn Sites and Policies DPD, the Council has indicated that it regards the site as appropriate and sustainable for development. This position can be afforded some weight as it forms part of the history of the site.
The District does not currently have a five year land supply. Therefore, in determining this application the Council needs to consider whether the proposed development is sustainable in terms of the NPPF, any adverse impacts would significantly and demonstrably outweigh the benefits of development, or there are any other specific policies in the Framework that would justify refusal.
In conclusion, there is no policy objection to this application, subject to: o the inclusion of appropriate conditions/obligations to safeguard the land for the a new primary school on-site, and an appropriate contribution towards school provision if required; o resolving the objection from Sport England by imposing a planning condition/obligation to ensure the delivery of the replacement sports provision; o the inclusion of a condition/obligation to guarantee the continued maintenance of on-site public open spaces and the appropriate management of the SINC site; and, o exploring opportunities to extend the existing bus service into the site.
Detailed comments have been incorporated into the report.
EHO Contaminated Land While significant soil contamination is unlikely, sampling of any reused top soil will need to be undertaken. Conditions recommended in relation to soil sampling, an asbestos assessment be undertaken in relation to the dilapidated building, and an unexpected contamination condition be added.
In respect of noise, concur with the findings of the assessment that the proposed use of the site for a mixed use local centre to include retail, primary school, village green, open space and 450 dwellings is suitable in this location subject to suitable mitigation measures. There are several areas of the site that are likely to give rise to noise both to residents within the development and note that the site layout plan recently submitted shows that the school and commercial portions are towards centre of the site - away from existing dwellings and premises and are surrounded by new residential premises as well as landscaping and public open space. Therefore feel that more information on the use and noise from the commercial elements of the site is required. A noise report will be required at both outline and reserved matters stages.
Due to the nature of a construction site noise would recommend that best practise measures are taken with respect to construction noise during the construction phase of the development. In respect of air quality, the air quality assessment has been considered and is agreed. The developer should consider the installation of electric vehicle charging points.
Land Use Planning Conditions recommended to protect the local aquatic environment and YW infrastructure. There is a public sewer within the site. The presence of the pipe may affect the layout of the site. Further, there is a sewage pumping station with combined sewer overflow and outflows, under the control of Yorkshire Water, located near to/within the site. Access will be required. The development of the site should take place with separate systems for foul and surface water drainage. The local foul/combined water sewer network does not have adequate capacity available to accommodate the anticipated foul water discharge from this proposal site. In this instance, there will be a need to requisition a new foul water sewage pumping station to accommodate the foul water flows generated by this development. The local public sewer network does not have capacity to accept any discharge of surface water from the proposal site. Off site sewerage may be required.
H.B.C Land Drainage The outline proposals set out in the drainage strategy report appear to be reasonable in principle. Nevertheless no development should take place until full drainage plans and calculations have been submitted to, and approved by the Local Planning Authority. The detailed drainage strategy should also consider the concerns raised by external organisations and address the matter accordingly. Details of how the scheme will be maintained in the future must also be provided. No occupation of buildings to take place before the completion of the approved surface water drainage works. The Environment Agency must be consulted regarding the detailed drainage design including pollution control, flood protection, on site storage requirements, rates of discharge and outfall location. North Yorkshire County Council in their capacity as consenting body must approve any culverting or alteration works to Harlow Slack (Further comments incorporated into report).
Police Architectural Liaison Officer Still concerned with regard to the junction of Beckwith Head Road/Otley Road in its present condition and its ability to be able to safely deal with the increased traffic demand that this development will bring, and believe that this junction requires modification. Of particular concern is the deployment of police vehicles when on a 'blue light' response from the police station.
Disagrees that the Social Economics of residual effects is negligible and that the mitigation measures proposed will be none. Crime has a social economic effect on the community and beyond. To address the social and economic impact of the development the houses should attain secured by design and not just conform to the principles of secured by design. Adequate security must be in place during the construction phase.
Advice has been ignored as far as the site layout is concerned. There are no cul-de-sacs which have low instances of crime. Rear courtyard parking is not conducive to lowering crime. Little defensible space and over permeability in the layout. This estate should obtain Secured by Design Part 2. All rear courtyard parking should have only one entrance/exit. As vehicle crime is the highest crime figure in the area has concerns about the amount of vehicles being parked on the streets or in rear courtyards.
Rural Strategy Officer No objections on ecological grounds, subject to the imposition of a condition. Detailed comments have been incorporated into the body of the report.
DCS Arboricultural Officer There is no Arboricultural objection in principle, provided that the following issues are addressed: Additional details are required on replacement planting and enhancement of the existing woodland, tree groups and other planting, including species mix, planting densities, and timings. In essence, submission of an appropriate landscaping scheme will be required and will need to be agreed. Details are required on woodland management going forward, i.e. submission and agreement of a woodland management plan for the site. Where it cannot be shown that trees or tree groups will not be adversely affected by construction works being undertaken within the trees root protection areas (RPAs), then alternative construction solutions or movement of the construction outside of the RPA will need to be demonstrated and agreed. Tree Protection Plans (TPP) and Arboricultural Method Statement (AMS), in line with British Standards BS 5837:2012, will need to be submitted and agreed.
County Education Officer The County Council intends to provide new schools on the basis of multiples of half or whole forms of entry with a minimum of one form of entry for a new school. This is to ensure an appropriate organisational structure for the delivery of education, and so in this case in order to deliver a minimum of 112 places the site requirement would be for the provision of a one form entry primary school of 210 places. The minimum site area required to deliver the school would be 1.09 hectares.
Economic Development Officer No objections. Note that as well as providing employment opportunities through the construction phase, this proposal would provide permanent employment in the primary school (estimated 45 FTE) and in the small number of local retail units (estimated 5 FTE).
Head Of Parks & Open Spaces Attn Pat Kilburn In summary the following comments have been made. Disappointed sports pitch provision on the site is spread over several locations. With a grouping of sporting facilities really good changing provision / club house facilities could be provided. Important to ensure that these changing facilities are fit for purpose. No car park provision for cricket facility. Little buffer zone around pitches. Play area provision should be on one large site instead of smaller sites throughout the development. Applaud proposals to connect open spaces with path/cycle ways. To allow informal plat, pathways should not cut across open space. A detailed landscaping scheme will be required. A detailed management agreement will be required for the areas of open space. Account should be taken of how the Local Authority manages waste disposal. Using the figures from the SPD there is an undersupply of land for Outdoor Sports Facilities.
Sport England Sport England (SE) has considered the application in light of its playing fields policy. In respect of the replacement Cricket Pitch SE is prepared to give some weight to the following matters; The ECB have advised SE that, "The plans show the cricket ground to be relocated to a smaller field than the existing and it will be tight to form a cricket ground with minimum boundary sizes but it does appear possible to do so". The overall masterplan provides additional playing field (over what a development of this scale might be required to provide) which could compensate for the loss incurred in respect of the relocation of the cricket ground. The cricket club will be provided with a new pavilion. The ECB are satisfied with the proposal subject to the pitch and pavilion being constructed in accordance with their guidelines. The FA have responded and advised that the provision of new football pitches is much needed in Harrogate. Beckwithshaw Saints JFC (17 teams) have expressed an interest in this specific project. In light of the above Sport England is prepared to withdraw its objection subject to your confirmation of the following matters (preferably in the Heads of Terms to the proposed S.106 agreement); That the replacement cricket ground and pavilion will be constructed in accordance with ECB guidance notes TS4 and TS5 respectively and made available for use prior to the loss of the existing cricket pitch, that the football pitches will be built to Sport Englands Natural Turf Standards and the sizes should reflect The FA's recommended pitch layouts, and the proposed changing rooms will be built in accordance with FA standards. Objection maintained until a suitable Section 106 agreement or other legal mechanism is delivered, or arrangements are confirmed on replacement provision. Sport England can confirm that once a suitable Section 106 agreement or other legal mechanism has been signed, will withdrawn their objection.
NORTH RIGTON PARISH COUNCIL (134) North Rigton
RELEVANT PLANNING POLICY NPPF National Planning Policy Framework CSSG1 Core Strategy Policy SG1 Settlement Growth: Housing Distribution CSSG2 Core Strategy Policy SG2 Settlement Growth: Hierarchy and limits CSSG3 Core Strategy Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt CSSG4 Core Strategy Policy SG4 Settlement Growth: Design and Impact CSC1 Core Strategy Policy C1: Inclusive communities CSJB1 Core Strategy Policy JB1: Supporting the Harrogate District economy CSJB4 Core Strategy Policy JB4: Retail and town centre development CSEQ1 Core Strategy Policy EQ1: Reducing risks to the environment CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt CSTRA1 Core Strategy Policy TRA1: Accessibility CSTRA2 Core Strategy Policy TRA2: Transport infrastructure CSTRA3 Core Strategy Policy TRA3: Travel management LPHD13 Harrogate District Local Plan (2001, as altered 2004) Policy HD13, Trees and Woodlands LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPC02 Harrogate District Local Plan (2001, as altered 2004) Policy C2, Landscape Character LPH05 Harrogate District Local Plan (2001, as altered 2004) Policy H5, Affordable Housing LPCF09 Harrogate District Local Plan (2001, as altered 2004) Policy CF9, Other New Community Facilities LPS02 Harrogate District Local Plan (2001, as altered 2004) Policy S2, Shopping Centres LPNC04 Harrogate District Local Plan (2001, as altered 2004) Policy NC4, Semi-Natural Habitats SPDPOS Supplementary Planning Document: Provision for Open Space in Connection with New Housing Development SPDPVH Supplementary Planning Document, Provision for Village Halls in Connection with New Housing Development
APPLICATION PUBLICITY SITE NOTICE EXPIRY: 30.05.2014 PRESS NOTICE EXPIRY: 05.06.2014
REPRESENTATIONS NORTH RIGTON PARISH COUNCIL - Strongly Object. Below is a summary of their objection; There is little regard for the material planning considerations of traffic generation, highway safety and noise or disturbance. Contrary to the Planning Inspector's recommendations in her January 2009 report. Outside the current agreed development limits of the town. Contravenes existing Council policy and the NPPF of not building on Special Landscape Area land. Developments of this scale to the west of Harrogate are unsustainable, since all the town's infrastructure lies to the east and south. Little or no local support. Impact of additional traffic on village with concern over rat running and speed. The traffic assessment is unsound as it does not cover the more rural areas, specifically traffic impact on North Rigton. In May 2012, the North Rigton Parish Council counted 502 vehicle movements through the village in the 3-hour evening weekday rush hour period. Not all the occupiers of the dwellings will work in Harrogate, many will travel to Leeds and Bradford. This proposed site does not have appropriate road connections. Will reduce the number of places available for rural students in secondary schools, such as Harrogate Grammar School. BECKWITHSHAW PARISH COUNCIL - Reference to NPF parameters on walking and cycling take no account of the age demograph of Harrogate District which has a large aging population. The layout of the site does not make any provision to encourage Public Transport which contravenes national guidelines. Currently Harlow Slack helps relieve flooding of this large area of land, the proposed development will upset this natural feature due to the amount of hard surfaces being introduced by a development of this size. In respect of the Otley Road Western site access, even though the distance between these 2 access points has been increased it will still cause traffic disruption, congestion and conflict due to the speed of the traffic passing these access points. A central through road is required in this development to ensure that public transport can be provided. The Otley Road Eastern access is situated in a dip in the road and is likely to flood. The Beckwith Head access points are onto a road which is narrowed by parked cars, proper provision for pedestrians is needed.
OTHER REPRESENTATIONS
The Harrogate Civic Society have objected. In summary they make the following comments; Application is premature, should see how brownfield sites are coping with housing need before destroying the countryside, should avoid over provision, site is outside development limits, overprovision in Ripon and Knaresborough should be taken off Harrogate’s provision. Will produce a great deal of additional traffic on local roads, traffic at this junction is currently exacerbated, the separation between Cardale Park and Beckwithshaw will not be maintained, Horticap should be left undeveloped, would encroach upon a Special Landscape Area.
CPRE have objected to the development. In summary they make the following comments; Application is premature, lack of a by-pass and inadequate road infrastructure, it is a valuable Green Field Site and Brown Field Sites may become available in the future. Would contradict the aims of the Areas Landscape Character Assessment. Unsuitable road networks, area is already suffering from traffic congestion. Need to consider the impact of traffic as an important consideration. Strong opposition to the inclusion of this site. Concerns about emergency vehicles being delayed. Ripon could accommodate much of the housing development on the soon to be redundant Windfall Army Site; Ripon needs more housing to help boost the local economy. Will create Ribbon Development between Beckwithshaw and Harrogate. The site is not within walking distance of the Town Centre. No evidence provided to ensure that the Hospital, Local Doctors, Dentists, Schools and other facilities have the capacity to cope with this amount of people.
A representation has been received from Horticap in respect of the access arrangements off Otley Road. Welcome the three pedestrian refuges proposed in order to make crossing the road safer, but there needs to be a footpath from the southern side of the road opposite the pedestrian refuge to link this with the entrance to Horticap. Without such a footpath, safe pedestrian access to Horticap would be denied. The North Yorkshire Police Traffic Management Department have objected to the proposal, specifically on the impact of the development on the Beckwith Head/Otley Road junction. They have serious concerns about the impact of the extra traffic would have on our ability to respond to emergencies at peak times and throughout the day from our Police Station. In order for a Police vehicle to respond to an emergency at busy times, even with blue lights and sirens, it is necessary to travel on the offside of the road as far as the junction with Otley Road in order to pass queuing traffic on Beckwith Head Road. This manoeuvre is potentially dangerous, even with existing traffic volumes, with oncoming traffic. Additionally visibility at the junction is restricted due to the wall surrounding Cardale Park and the alignment of the junction means that a driver has to turn round to obtain a good view of oncoming high speed traffic from the left.
Whilst traffic flows around this site have been measured, and forecast traffic flows modelled, the emergency response role carried out by Police vehicles at this location is unique and should be addressed. The traffic that currently use this junction derives from: Cardale Park Industrial Estate, The Police station and its visitors, The RHS Garden Centre at Harlow Carr, Through traffic along Otley Road and vehicles travelling from the Wetherby and A658 from the A1 direction circumventing Harrogate town centre to reach the A59 Skipton Road. Assuming an average of 1.5 vehicles per household in the proposed Bluecoat Park housing development, the 450 dwellings could account for at least a further 675 daily vehicle movements, majority of which would come and go through the Otley Road / Beckwith Head Road junction and during the 7 year construction phase, there will also be all the attendant vehicles associated with the build from large goods vehicles to the personal vehicles of the builders. The problems at this junction are compounded by having the Police Station so close to it, and there is an opportunity here to modify this junction at the Planning stage, and the proposed development has a further two entrances onto Otley Road, the eastern one of which is very close to the Beckwith Head Rd / Otley Road junction which may cause further complications. I ask that consideration be given to signalising the junction of Beckwith Head Road and Otley Road, providing pedestrian crossing facilities and provision for a controlled phase to allow police vehicles responding to emergencies to reach Otley Road safely. Are there any plans to extend the 30 mph limit to the west?
An objection has been received from RHS Harlow Carr. They state that the Harlow Beck forms a functional drainage role and is a structural landscaping feature of this nationally acclaimed Garden. Increased flooding within the garden or low flow rates would damage the physical infrastructure and ecosystem of the Garden to the serious detriment of its usability and attractiveness. Such impacts have the potential to undermine the functional and financial viability of this tourist attraction. In respect of their objection on hydrological grounds, the applicant responded to the objection and RHS Harlow Carr have responded as follows. In summary they state that, the concept of the drainage strategy is satisfactory in principle but further outline design work is required at this stage to demonstrate that a feasible surface water drainage strategy is achievable. The drainage strategy should maintain the existing watershed between Oak Beck and Crimple Beck and should not direct all runoff to Harlow Hill Slack. The increased volume of runoff will pose an increased flood risk in certain circumstances. There are no gulleys or proper road drainage outlets in the low spot where Harlow Beck passes beneath Otley Road. The discharge rate from the 525mm public surface water sewer is not included in their assessment of the culvert capacity. Will lead to a reduction in rainfall soaking into the ground, and a consequent reduction in dry weather flows in receiving watercourses. Thus development of the site may result in a reduction in dry weather flows in Harlow Hill Slack to the detriment of RHS Garden Harlow Carr. This may be the main adverse impact of the development on RHS Harlow Carr. The developer should provide an alternative source of water (a borehole) to augment flows in the beck during periods of dry weather. An ecological impact study should be done with regards to the implications of dry weather flows on the ecology of RHS Garden Harlow Carr. The drainage facilities are only desgined to cover the application site and not the extra 230 dwellings. The future ownership and maintenance arrangements for the proposed storage ponds and drainage facilities are uncertain at the moment.
RHS Harlow Carr also object on the following grounds, traffic impact, particularly the crossroads at Otley Road/Beckwith Head Road/Crag Lane Junction. The traffic assessment is flawed in respect of impact on this junction. Visual impact of the development, particularly its impact upon the setting of RHS Garden Harlow Carr and also on the wider landscape. Would create a sense of enclosure for the garden.
Representations have been received from Taylor Wimpey. They have indicated they will be making a planning application for 124 dwellings on the Harlow Grange Site. Are not opposed to the principle of development and consider that both these sites are needed to help meet the realistic and up to date housing requirement. Highways assessment by Jacobs concluded that there was adequate capacity to serve at least 680 dwellings and therefore our combined proposal for 574 dwellings should be capable of being accommodated. The scale of the development should lead to a significant public transport contribution aimed at re-instating the bus service. No need to select one of these sites in preference to the other.
A number of other individual objections, as well as from the Harlow Moor Drive Residents Association, Harlow and Pannal Ash Residents Association and The Duchy Residents’ Association have also been received. In summary the following comments have been made;
Highways
Vehicles from 450 homes, together with other potential developments in the area, would add unnecessary pressure on the already congested Otley Road.
The police have already highlighted the problems, having to respond to calls all over Harrogate from the new station at Cardale Park and along the congested Otley Road. People will be at risk when ambulances and fire engines attempt to attend emergencies through the traffic and restricted width on Otley Road. Overall police response times will be slowed by the development. The police may also have an increased number of staff.
Lead to increased rat running through, Pannal, Burn Bridge and Beckwithshaw. Already been substantial increase in the number of vehicles in the last 14 years through North Rigton and many break the speed limits. New housing developments will make this problem far worse and constitute a danger to the many schoolchildren and pedestrians who use the footpaths and to horse riders from the nearby three livery stables.
No study appears to have been undertaken on the increase of traffic that these developments will generate, or proposals made to significantly improve the road systems to facilitate the increase.
Appropriate traffic management has not been arranged to address or alleviate the current problems of congestion and air pollution from traffic on Otley Road. It is not possible to make improvements to Otley Road to manage the extra burden more homes will place on the infrastructure.
Already at peak times traffic is queued back to Beckwithshaw Village and down to the bridge at Pot Bank. The ever popular Harlow Car Gardens and Betty’s Café are attracting more and more visitors.
One B road and narrow country lanes cannot cope with the extra traffic, there are three livery yards surrounding this site. Beckwith Head road is a car park for overflow cars that cannot find parking spaces in Cardale.
This proposed development which would add a sixth school to the existing five schools already using the Otley Road as the main means of access, would have a particularly serious impact on traffic conditions.
The traffic analysis performed by Jacobs in the recent DPD documentation has some serious deficiencies; assessment does not take account of school traffic or expansion of Harlow Carr, people will have to travel more into town because of lack of amenities in area, key junctions are not included. Model does still however show serious congestion at most junctions on Otley Road. . Otley Road does not have the capacity to carry the additional traffic and there is very little in the way of mitigating measures that can be done at any of the junctions because of physical constraints.
Extra junctions will need to be built to allow access onto Otley Rd, slowing the journey into town. The net result will be more traffic seeking alternative ways to get to the ring road or to Leeds road, and therefore using unsuitable country lanes such as Hill Top Lane. These lanes are currently well used by local residents for a variety of activities including walking, dog- walking, cycling and horse-riding, but increases in traffic will effectively put an end to these activities and change the entire nature of the environment on this side of the town.
Otley Road is so narrow that it is impossible to pass a cyclist if there is oncoming traffic and there is concern about traffic down Lady Lane and possibility of accidents in the future.
Sustainability
Without provision of a neighbourhood shopping centre to serve this proposed scheme, all shopping trips, food and otherwise, would need to be car-bound. This side of town does not have the infrastructure to cope with this size of development as we have no large supermarket, post office, doctors, dentist or fuel stations.
This is a significant development and as such would require considerable thought as to how cycling and walking could best be advanced in its planning.
Lack of public transport, the bus route has been cut and the site is not within 400m of key bus network. Development should be near railway stations and or good bus routes. No railway station near site.
There are more suitable sites for mixed development within the urban area and in particular closer to the A61 which has better traffic links and utility services availability. The site will be a separate community, cut off from Harlow Hill by Cardale business park leading to social barriers.
The centre of the site lies 3.3km from the centre of town by the shortest route via Otley Road and is therefore quite remote.
The fire station is also located at the other end of town from the proposed development.
Landscape and layout
This site is an important gateway into Harrogate and development would blight views to the pinewoods and within the Special Landscape Area and visually dominate and change the character of the area. The Council should not be proposing building on what is a Special Landscape Area close to the boundary of an Area of Natural Beauty.
The developers are wanting access from the houses onto Howhill Road which is against what was originally in the LDF plan.
Beckwithshaw will lose its character as a separate village. Proposal will destroy character of town. This edge of town contains important tourist attractions. This is a beautiful part of the Countryside and would be spoilt for all future generations
Policy/Principle
It is premature, and contrary to the existing planning policies of building outside the present town development limits. More suitable areas than the west of Harrogate for development. The Planning Inspector into the Core Strategy was not convinced that west Harrogate and East Knaresborough are the only locations for urban extensions.
The approval of housing on this site, which is a Special Landscape Area, goes against the council's Core Strategy Objectives of using previously developed land and brownfield sites before green spaces and will result in the loss of agricultural land.
In considering planning applications before the Local Plan is signed off this process is potentially compromised. Localism has been disregarded.
The Council has not looked for smaller sites as instructed by the last Inspector and it is also underestimating the number of dwellings that will be available from windfall sites. The District Development Committee rejected this site. The land has been extensively consulted on previously and opposition was enormous.
Surely the time has come to build new towns along with all the required infrastructure instead of comprising the quality of life in existing areas like West of Harrogate.
Impact on local services and schools Primary schools, secondary schools, doctors, dentists and, indeed, the hospital are already under pressure and have waiting lists. Any housing developments will also have a significant impact on secondary school places for rural children and on medical facilities.
Beckwithshaw would lose its popular village primary school if a new school were to be built on the proposed development. Since both Harrogate Grammar School and Rossett High School are already oversubscribed, where are more than 1300 pupils to gain their secondary education?
Drainage
This is a wet area and will not respond well to being covered in housing, roads etc. Where will the water go?
Where is the current sewerage capacity?
Other comments
Development will seriously inhibit business growth due to congestion.
The proposal will impact on tourism, particularly Harlow Carr.
Large estates are difficult to police and crime figures will inevitably rise.
Will destroy wildlife habitats and species rich grassland adverse effect on local distinctiveness and local character will not maintain or improve air quality, will add to noise and light pollution and will add to water run-off problems and existing flooding problems.
Loss of best and good agricultural land. The land in question is a green field and is used by a local farmer for both sheep and cattle, it is teeming with wildlife including a resident red kite and bats.
A letter of support has also been received, in summary stating that; I have been supportive in principle of the development of this site throughout the Local Development Plan process and continue to do so and of all the major sites under evaluation I consider this to be the most sustainable site. Representations are then made of the Illustrative layout including, no access from Otley Road for safety reasons, Beckwith Head Road should be widened and a footpath its full length as this is the Harrogate Ringway footpath route, site should be well served by buses and bus stops, school and local centre should be close together, cricket pitch should be retained and not moved to enable highways access from within the site, better if sports facilities could be close together and land should be allocated for allotments.
VOLUNTARY NEIGHBOUR NOTIFICATION The applicant has submitted a Statement of Community Involvement (SCI) with the application. This describes the pre-application discussion which has taken place and summarises the outcome. This pre-application consultation process involved a public consultation event. The results of this are presented in the submitted Statement of Community Involvement.
ASSESSMENT OF MAIN ISSUES
1 PRINCIPLE OF DEVELOPMENT AND POLICY - Status of the Sites and Policies Development Plan Document
On the 29 November 2013 the Council submitted the Sites and Policies Development Plan Document (DPD) to the Secretary of State for independent examination.
The Inspector appointed to examine the Plan opened the hearing sessions on 23 April 2014. At these sessions the Inspector raised concerns in respect of the evidence to support employment land provision and the housing supply position. Following a postponement of further hearing sessions the Inspector provided the Council with a letter outlining his concerns in more detail.
On 14 May Full Council considered a report recommending withdrawal of the Sites & Policies DPD in light of concerns raised by the Inspector. At this meeting it was resolved to request a further suspension of the hearing sessions pending further dialogue with the Inspector. Following an exchange of correspondence with the Inspector on the 18 June Full Council resolved to withdraw the Sites and Policies DPD from Examination.
As a result of this decision no weight can be given to the Sites and Policies DPD in considering this application. Furthermore the Inspector’s concerns call in to question a number of policies within the adopted Core Strategy.
Planning policy position in relation to housing land supply
The Council, on 17 October 2012, resolved that land to the west of Cardale Business Park (site ref H32(3)) should be identified as an urban extension site in the then emerging Sites and Policies DPD. The application site covers 28.07 ha of the 32.4 ha draft allocation site and is to provide 450 houses as part of a mixed use development. The wider allocation site was to provide 680 dwellings, along with a neighbourhood centre, primary school and retention of the SINC site alongside Otley Road. Whilst the Sites and Policies DPD has been withdrawn, some weight can be given the draft allocations included within it as they are part of the history of what the Council regarded as appropriate and sustainable at that point in time.
The National Planning Policy Framework (NPPF) is a highly material consideration in this case. The NPPF requires that housing applications are considered in the context of the presumption in favour of sustainable development and goes on to note that ‘relevant policies for the supply of housing should not be considered up to date if the local planning authority cannot demonstrate a 5 year supply of deliverable housing sites’ (para 49). In taking decisions within the context of the presumption in favour of sustainable development the NPPF requires that, where the development plan is absent, silent or relevant policies are out of date, applications should be granted unless they are not sustainable in terms of the NPPF, any adverse impacts would significantly and demonstrably outweigh the benefits, or other specific policies in the Framework justify refusal (para 14).
As noted above the concerns raised by the Inspector call into question policies within the adopted Core Strategy, including the annual housing requirement figure of 390 dwellings per annum. In his letter the Inspector notes that when this figure is compared to the Council’s Strategic Housing Market Assessment figure (SHMA) of between 862- 1086 this represents ‘a very substantial shortfall’. This means that 390 dwellings per annum cannot continue to used as the starting point for calculating the 5 year land supply position. Instead, taking into account recent legal judgements, the SHMA will need to be relied upon as the best available evidence of housing need. On this basis it means that the Council’s 5 year land supply position is likely to be between 3.3 and 2.7 years supply (please note that these figures are provisional until they are officially updated as part of the Council’s AMR). The lack of a five year housing land supply carries significant weight in favour of the development and the proposal is required to be judged against the requirements of Para 14 of the NPPF.
Development Guidelines
As mentioned above the application site does not cover the whole extent of the draft allocation site H32(3), excluding the field to the east of the existing cricket pitch on Otley Road and Bluecoat Nurseries. The current application is for 450 dwellings but provides the infrastructure required to support the whole of the allocation site when developed, including the access arrangements, along with sufficient land to satisfy the open space and education requirements. However, even accounting for this, it is likely that with the development of the remaining 4 hectares of the allocation site will only delivery 600 dwellings as opposed to the 680 dwellings sought in the Sites and Policies DPD. The applicant has demonstrated through detailed design work that due to the constraints on the site and the need to provide land for other uses to cater for the needs of the new residential population it will not be possible to achieve the dwelling target of the draft allocation without increasing the density of development on site significantly which would be undesirable.
The landowner of the remaining 4 hectares of the emerging allocation site has previously confirmed the lands availability for housing development. Officers have no reason to believe that this land will not come forward for development in due course.
In principle, and taking into account the current housing land supply, it is therefore concluded that the suitable for development.
2 LOCAL AND STRATEGIC HIGHWAY IMPACTS - The planning application is in outline form and therefore the internal site layout shown on the Master plan is illustrative only.
However, the access point onto the surrounding roads are not a reserved matter and as such are considered as part of this application.
The highway implications for this site have been considered by both North Yorkshire County Council (NYCC) in respect of the local road network and the Highways Agency (HA) in respect of the Strategic Road Network.
Policy SG4 of the Core Strategy states that the travel impact of any scheme should not add significantly to any pre-existing problems of access, road safety or traffic flow and should have been fully addressed in accordance with Policies TRA1, TRA2 and TRA3 of the Core Strategy.
Policy TRA1 of the Core Strategy encourages the reduction in the need to travel and seeks to improve accessibility to jobs, shops, services and community facilities.
Policy TRA2 requires that development of a site should maximise the opportunity to improve accessibility to key services and facilities.
Policy TRA3 of the Core Strategy identifies areas where the Council will work with the County Council and other transport providers to implement measures to reduce traffic congestion and improve accessibility to jobs, shops, services and facilities. Strategic Road Network
The HA did have in place a holding Direction (TR110) in respect of this site, and the other major residential development applications currently being considered by the Council. This was due to concerns regarding the potential cumulative impact on Junction 47 of the A1(M). Since the Direction was put in place the Department of Transport has issued new guidance which indicates that the cumulative impact of proposals is not something that the HA can now consider. The holding direction has therefore now been withdrawn and the Highways Agency has no objection in principle to the development.
Local Road Network
A Transport Assessment (TA) and Travel Plan (TP) were submitted in support of the Application. The TA considers the impact of the development and the traffic it will generate on the surrounding highway network. It assesses these matters having regard to national and local policy and advice including NPPF.
Traffic Impact
The TA has assessed the impact of traffic likely to be generated by the development on key junctions in the area and the Applicant and the LHA have agreed the following developer funded off-site highway mitigation:-
B6161 Pot Bank/B6162 Otley Road – The applicant has agreed to provide a contribution towards the provision of a larger roundabout.
B6162 Otley Road/Beckwith Head Road/Crag Lane. – The Applicant has agreed a contribution towards the signalisation of the junction.
B6162 Otley Road/Harlow Moor Road/Hill Rise Avenue. – The Applicant has agreed a contribution towards improvements to the operation of the existing traffic signals.
An assessment of the likely number of vehicle trips that will use the roads to the south of the site to access the A61/A658 has also been undertaken. There is the potential to be an increase in traffic through the village of Burn Bridge. In order to make this route less attractive to vehicles the Applicant is willing to enhance the existing traffic calming in the village.
Road Safety
Consideration of the personal injury accidents that have occurred over the last five years in the vicinity of the development has not identified any high risk accident sites or particular patterns of accident that raises cause for concern. It is not anticipated that the proposed development will have a material effect on the number, type or severity of personal injury accidents which have occurred.
North Yorkshire Police have raised concerns over the effect the development could have on the junction of Otley Road/Beckwith Head Road/Crag Lane and the impact the additional traffic could have on the polices ability to respond to emergencies safely and promptly. NY Police ask that consideration is given to signalising the junction, providing pedestrian crossing facilities and provision for a controlled phase to allow police vehicles to reach Otley Road safely. As indicated above the applicant has agreed to provide a contribution towards the signalisation of the Otley Road/Beckwith Head Road/Crag Lane junction.
In conclusion the Applicant has proposed measures to mitigate the impact of the proposed development on the highway network. Subject to these matters being covered by inclusion in a Section 106 Agreement and by the imposition of appropriate conditions the LHA considers that there are no barriers to the approval of the proposed development.
3 SUSTAINABILITY - The Bluecoat Park Travel Plan details the measures the Applicant will take to minimise single occupancy journeys by private car. This includes encouraging walking and cycling for shorter journeys and promoting bus journeys for longer trips wherever possible.
To encourage bus patronage the Applicant is in discussions with the bus operator and North Yorkshire County Council to divert the existing X6 and X6A service into the site. This will provide access to the town’s bus and rail stations. Through the Travel Plan the Applicant is willing to provide new residents a free bus voucher offering one months unlimited bus travel.
To encourage cycling trips the Applicant has agreed to provide an off-road cycleway along Otley Road which will link the site access to the proposed cycleway on Harlow Moor Road. This will provide a safe route into town along the quieter roads. The Applicant has also agreed to divert the existing Harrogate Ringway cycle route through the application site avoiding Otley Road and Beckwith Head Road.
The development will provide improved connections to the surrounding footway network with improved and new footway connections adjacent to Otley Road and Beckwith Head Road and a controlled crossing point on Otley Road.
The NPPF in paragraph 38 states that for larger scale residential developments a mix of uses should be promoted in order to provide opportunities to undertake day-to-day activities including work on site, and key facilities such as primary schools and local shops should be located within walking distance of most properties. In addition to the new primary school referred to above, the application makes provision for a small convenience store of 133 square metres to meet the local day-to-day shopping needs of the new community. This space can be conditioned to use Class A1, and 75% of the net sales area to the sale of convenience retail goods. This will ensure that the facility caters for the needs of the new residential population.
This local provision will improve the sustainability of the development and proposed retail facility would support the aims contained in Policy TRA1 to reduce the need to travel and also Core Strategy Policy JB3 though providing an employment generating element. In addition and due to its size it is clearly intended only to serve its immediate surroundings and will not undermine the vitality or viability of the closest neighbourhood centre.
4 DESIGN AND LAYOUT - The only detailed matter to be considered under this application is the access points into the site. Detailed matters relating to the design and layout of the development are to be reserved for subsequent applications. A Design and Access Statement has been submitted and this has been considered by the Council’s Design and Conservation Team. The site is not in the conservation area, but is on an important approach to Harrogate. The majority of the properties are two storey houses around the site are built of stone with slate roofs, which reflect the local distinctiveness (although older houses typically have stone slate roofs). However Willow Trees is a bungalow with some accommodation in the roof, and its walls are rendered and roof in concrete tiles. Penny Close is of complex plan form , and there are a number of projecting gables from its hipped roof. Glendavon House appears to incorporate an outbuilding that now has dormer windows. All of the houses were built in the latter part of the twentieth century, and have no historic interest and little architectural interest. They do however provide local context to the development of the site.
The development is not likely to have more than minor effect on the significance of heritage assets. Detailed comments have been made by the Conservation and Design team in relation to the quite high density development to the north of the Bluecoat Nurseries and that development will appear as an intrusion into the rural character of Otley Road. However while the land to the east of this part of the site is not included within the application site it is very likely that it will come forward for development if this application if approved. As such the development to the north of Bluecoat would no longer be an area of isolated built form.
The Design and Conservation Team were also concerned that the urban square would appear out of context in this rural setting, the houses facing Beckwith Head Road near the south of the site should be better spaced, terraces or rows of houses are shown with no indication of parking courts or just off street parking and there are some instances where roads or paths would not focus fully on a building, significant landscape feature or through a generous gap to open space.
Having reviewed the matters raised by the Design and Conservation Team, it is considered that these matters can be addressed through the detailed submissions at reserved matters stage and that an acceptable level of high quality development that complies with the Core Strategy and the NPPF can be achieved.
In respect of impact of RHS Harlow Carr, the illustrative masterplan for the site situates buildings to the south away from the corner of Beckwith Head Road and Otley Road. This combined with the retention of the SINC site on Otely Road and the positioning of attenuation ponds leaves a significant green buffer around the southern end of the gardens. As such, visually, the proposed development is not considered to adversely impact on the setting of the gardens at RHS Harlow Carr.
5 VISUAL AND LANDSCAPE IMPACT - Policy EQ2 of the Harrogate Core Strategy seeks to ensure that the Districts exceptionally high quality natural and built environment is given the level of protection it deserves.
Policy SG4 of the Core Strategy requires that visual amenity is protected and that the environmental impact and design of development conforms with Policies EQ1 and EQ2 of the Core Strategy.
Policy C2 of the Local Plan requires that development protects existing landscape character.
Policy HD20 of the Local Plan requires that new development be designed with suitable landscaping as an integral part of the scheme. The site is positioned at the urban edge of Harrogate, west of the town centre. The Harrogate District Landscape Character Assessment is used in support of (saved) Policy C2 and the site lies within Character Area 59 known as Harlow Hill. The site also lies within Special Landscape Area (saved) Policy C9 within the Harrogate District Local Plan. The wider landscape comprises an area that extends along an anticline leading into Harrogate. The landscape gently rolls and undulates providing an important line between town and country.
The site is generally low lying and gently sloping down towards the watercourse known as Harlowhill Slack. Generally the hedgerows and trees enclose the site and provide screening and containment. The public right of way that follows Beckwith Head Road affords views across the site from the east. The vegetation associated with Harlow Hill Slack provides an overall wooded character to the area. The small fields have good hedgerows of mixed species that provide a rural character to the site.
The site forms part of the gently rolling and undulating landscape, which provides the rural setting for Harrogate. The site also provides screening and softening and reduces the dominance of Cardale Business Park. The site comprises farmland, isolated farm buildings, a garden nursery, Cricket Ground and Cricket Club.
This area has been identified as an important green corridor and part of the Leeds City Region Green Infrastructure network linking the Haverah Green corridor centred on Haverah Park, Oak Beck, Birk Crag, Pine Woods into the Valley Gardens. To fulfil this green corridor role the site connections must be maintained into Oak Beck via Harlow Slack.
The new development would change the character of the area and adversely affect landscape pattern. However it is also considered that the development of the site has the potential to form an acceptable settlement edge and that the Illustrative Site Layout (02/002 Rev F) presents a viable and workable scheme with acceptable measures of mitigation.
The impact of development on the countryside and setting of the town will need to be strictly mitigated in any proposal and this is dependent upon appropriate and effective mitigation being delivered to the approval of the LPA. With appropriate and effective mitigation the additional development would not significantly alter the character of the urban edge since the landscape has the capacity to accept some change.
The attractive wooded character and the setting of the settlement could still be preserved since the proposals support the retention of existing hedgerows and trees and the provision of new open spaces and networks of green infrastructure in accordance with Policies C4, IN2 and the Harrogate District green Infrastructure Guide.
The proposals provide opportunities to improve the character of the settlement edge and improve the setting of the existing Cardale Business Park and have the potential to enhance access to the open countryside in excess of the provision which already exists. It is considered that the development of the site has the potential to form an acceptable settlement edge and that the Parameter Plans and Illustrative Site Layout Plan present a viable and workable scheme.
Concern was raised by the Landscape Officer with regard to the creation of a primary access in the northeast corner of the site opposite Harlow Carr Gardens which could result in potential adverse impacts on the wooded approach to the settlement. While the need to provide sight lines will lead to the removal of roadside vegetation the road access point will be set against a proposed community woodland area with built form set back from the road edge. While the plan does indicate this as being a primary access, there are two access points on Beckwith Head Road and another off Otley Road.
In respect of the access points proposed onto Otley Road, the tree belt lining the Otley Road connects into Pot Bank and Cardale Woodland to the west and into screen planting around Cardale Park to the east. The proposed access will require the removal of roadside vegetation. The aim should be to retain the rural character of Otley Road and the proposed removal and pruning of the trees should be avoided along the road frontage. While the initial tree removal will result in adverse effects on localised views, mitigation is proposed in the form of replanting along Otley Road.
The scheme proposes additional planting along Beckwith Head Road, particularly at the southern end, which will serve to screen Cardale Business Park and enhance its desirability and provide an improved setting to the settlement.
The overall aim is that the site will reconnect the surrounding landscape and the town centre to improve access and encourage activity, enjoyment and exploration of the open countryside. The placement of interlinked sports pitches is a positive design measure since it will help to provide a series of green space linkages across the site.
Views from Beckwithshaw could be mitigated by off-site improvements within the open countryside between the site and the village. This would have to be controlled by condition or Section 106 Agreement. The proposed housing at the rural edge would need to be designed to be low density and the hedgerows consolidated with new planting with buildings set back behind existing and proposed trees to ensure the impacts on the localised views are mitigated.
Overall development at southern edge must pay regard to character at this edge of settlement, which is typified by an overall wooded feel with numerous trees in and amongst the dwellings. The placing of the cricket pitch at the outer edge of the site will help provide a softer edge to development and provide a green buffer to open countryside.
6 TREES - Policy HD13 of the Local Plan states that proposal which involve the loss of trees or woodland which contribute to the character or setting of a settlement will not be permitted.
A Tree Preservation Order has been served on the site to protect significant trees. There are 27 trees being recommended for removal so as to accommodate the proposed development, and for issues of existing health and safety concern independent of the development proposals. Two of these trees (a Sycamore Tag and a Silver Birch) have been added to the removal list as post submission changes. Although it is recognised that the proposed removal of the trees is not considered to result in significant adverse effect on the landscape character and visual amenity of the area, there is a concern raised that the boundary tree groups and woodlands will require replacement and additional planting and management to ensure that the landscape character is sustained and enhanced going forward.
The Council’s Arboricultural Manager has commented that, “there are some 40 trees identified where the root protection area will be breached to accommodate any proposed development works. This is an area of concern, particularly as no details have been submitted outlining the extent of those works and therefore the impacts upon the trees, and also that for the most part these trees are semi-mature to early-mature in age. In essence these trees will grow on over the years and may therefore be subject to continual requests for pruning due to the nature of the proximity of the built form and hard landscaping”.
The application is outline with layout a reserved matter. As such the proximity of development to existing trees will be determined during the consideration of reserved matters applications. Conditions will be attached to ensure the protection of existing trees on the site as well as requiring a detailed landscape scheme to be submitted.
There are trees located upon land adjacent to the proposed development (i.e. highway verges on Beckwithhead Road, Otley Road, etc.), which do not appear to have been considered as part of the submitted Arboricultural report from Middlemarch Environmental Limited. These trees will also attach root protection areas and therefore appropriate consideration will need to be given to these when details of the proposed siting of hard landscaping and built form are submitted.
7 ECOLOGY - Policy EQ2 of the Council’s Core Strategy includes, as priority measures to protect and enhance the District’s natural and built environment; Review and update the Council’s local Sites of Importance for Nature Conservation; Increase wildlife and habitats in accordance with the District’s Biodiversity Action Plan.
The Council’s development guidelines for the site require that the fields of Site of Importance for Nature Conservation (SINC) quality south of Otley and the route of Harlow Hill Slack are retained in any development. The guideline also requires that these two features are appropriately buffered to ensure that they are protected from surrounding development. The illustrative masterplan is considered to incorporate both these requirements.
The Ecology Chapter of the Environmental Statement (Chapter 14) summarises the baseline ecological conditions on site, evaluates the importance of potential ecological receptors and assesses potential construction and operational impacts of the development. It describes practical and achievable mitigation measures for impact avoidance and reduction, then assess the significance of any likely residual impacts of the proposals. Appropriate measures for, biodiversity retention, mitigation compensation and enhancement are recommended in section 4 of the Phase 2 Ecological Survey Report. A detailed reassessment of all the hedgerows against the regulations should be made at the full application stage.
A survey for European Protected Species has been undertaken in support of this proposal. Natural England concluded that on the basis of the information available to us, our advice is that the proposed development would be unlikely to affect bats.
The most important ecological receptor likely to be impacted by this proposal has been identified in the Ecology Impact Assessment as the ‘Bluecoat Field’ candidate Site of Importance for Nature Conservation (SINC) to the north of the application site, which had been recognised as being of County level importance and as qualifying as a SINC by the North Yorkshire SINC Panel. This area (land parcel 4 of the NVC report) has been identified as supporting unimproved neutral, acid and wet grassland. Section 4.2.3 of the report details the requirement for continued low intensity grazing of the site under a management plan to be agreed with the local planning authority. In order to ensure successful retention of the biodiversity of the candidate SINC, a detailed, costed and funded management plan for the proposed Site of Importance for Nature Conservation is required and this is capable of being delivered by condition.
8 AFFORDABLE HOUSING – Saved Harrogate District Local Plan Policy H5 requires that on schemes of 15 or more dwellings in the urban areas of Harrogate, Knaresborough and Ripon affordable housing is provided on sites. Following the withdrawal of the SPDPD from examination the Council can no longer refer to the 50% target for draft greenfield allocation sites and the affordable housing target is therefore 40% for all sites.
The applicant has submitted an Affordable Housing Proforma indicating that 50% affordable housing to be provided subject to financial viability with mix, location, size and type to be agreed in accordance with affordable housing policy. This proforma was however submitted prior to withdrawal of the SPDPD. The requirement to provide affordable housing can be controlled by Condition to ensure compliance with Policy H5 of the Harrogate Local Plan 2001 (as amended, 2004).
9 EDUCATION - Policy C1 of the Harrogate Core Strategy 2009 requires that proposals for the use and development of land will be assessed having regard to community needs within the District.
The site lies within the normal catchment area of Western Primary School. The figures provided by the Education Authority indicate that this school has a net capacity of 346 but the forecast pupils on roll in 2018/2019 is 468 a deficit of 122. The estimated number of pupils from the development is 112 leaving a shortfall of places of 234. The applicant has indicated that they will be providing land for a school on the site. The Education Authority are also asking for a contribution of £1,522,752.00 for the provision of new school places.
Previous consultations with NYCC Education as part of the Sites and Policies DPD preparation have stated a need for a new two form entry primary school (requiring 1.94 hectares) on site to provide for the number of school places created directly by the allocation site and to provide capacity for future growth in the south west of Harrogate. However, recent advice from NYCC only requires a one form entry primary school of 210 places on the site. The minimum site area required to deliver the school would be 1.09 hectares. Therefore at present, the application over provides land for the provision of a primary school.
Consultation would be undertaken at a later date by the Education Authority, with regard to how provision will be achieved, if this application is approved. Education provision is one of the matters that will be controlled through a Section 106 agreement.
10 OPEN SPACE - Policy C1 of the Harrogate Core Strategy 2009 requires that proposals for the use and development of land will be assessed having regard to community needs within the District. The Local Planning Authority have produced Supplementary Planning Documents in relation to the Provision for Open Space and Village Halls in Connection with New Housing Development.
The proposal involves the relocation of the existing cricket pitch on another part of the site and the provision of football pitches. The Design and Access Statement also indicates 4.6ha of Natural and Semi-Natural Greenspace, 2.57ha for amenity greenspace and children and young people, playspaces, 0.33ha of green infrastructure and 0.44ha of allotments and community gardens.
Indicative locations for children’s playspaces have been illustrated on the parameter plan. The plan shows indicative locations for pocket parks within the residential area. Additionally, space has been allocated for a playspace within the urban square outside the primary school and local centre. The location of playspaces and equipped areas is a matter for the reserved matters applications. A condition can be added requiring further details to be submitted to ensure compliance with Policy and latest standards.
The existing cricket pitch along Otley Road is protected for future recreational use under Local Plan Policy R1. Under the policy the pitch must either be retained and incorporated as part of the development of the site or replaced with facility of at least equivalent size and quality in an appropriate location. The proposed layout replaces the existing cricket pitch within the development site to the west of its current location to the northwest corner of the site. Sport England have agreed to withdraw their objection to the application subject to the imposition of appropriate conditions/obligations to secure the delivery of the replacement cricket pitch, football pitches and changing rooms, built to recommended standards. Sport England are satisfied with the level of additional on-site sports provision to cater for the needs generated by the development.
The open space calculation provided by the Head of Parks and Recreation relates to the requirement for sports pitch provision contained in the Supplementary Planning Document in relation to the Provision for Open Space and not the reduced figure in the recently adopted Outdoor Sports Pitch Strategy. The Council’s Outdoor Sports Pitch Strategy indicates a rate of 1.16ha per 1000 people. The SPD for Open Space Provision still requires 1.63ha per 1000 people. In respect of the later figure contained in the Outdoor Sports Pitch Strategy, which was used in the calculation for the proposed housing site at North of Skipton Road, the site would generate an overprovision.
The sports pitches have been spread throughout the site. The Council’s Head of Parks and Recreation has objected to this on the grounds that this is contrary to the adopted Playing Pitch Strategy and with the grouping of sporting facilities really good changing provision/club house facilities could be provided. He is also concerned that adequate buffer zones around pitches have not been provided and the grouping of facilities will improve this. However, while the grouping of facilities has its advantages, the spreading of facilities throughout a site also has the effect of breaking up the built form. In addition the layout of the development is a reserved matter.
The Council needs to be satisfied that the future maintenance and management arrangements for the areas of open space provided on the site are adequate. This needs can be controlled by an appropriate and enforceable planning obligation.
11 CRIME - The Police Architectural Liaison Officer has been consulted on the application. Many of the comments relate to the layout of the development particularly the location of parking and street design. Many of the recommendations are valid but are matters that can be considered at the detailed design stage. The layout of the development is a reserved matter with the Masterplan being only indicative at this stage to show that the site can be developed in an acceptable way. The position of parking and street layout, if acceptable, will be approved at the reserved matters stage.
12 DRAINAGE AND FLOODING - Harlow Hill Slack starts within the site and flows into Harlow Carr to the north. This will be diverted through parts of the site. The surface water drainage strategy indicates various storage areas throughout the site with two attenuation basins to the north-west corner of the site.
Whilst ground conditions do not support infiltration drainage (soakaways); the Council is keen to promote other Sustainable Urban Drainage Systems (SUDs) that tackle surface water run off at source. The applicant has produced a drainage strategy at the outline stage. Further more detailed full drainage plans will be required by Condition and at the Reserved Matters stage. There is no record of flooding on the proposed development land. However there are significant records of flooding events downstream of the site due to capacity issues in sewers and local watercourses. It is therefore essential that the developed site drainage strategy mimics that of the undeveloped land.
Both the Environment Agency and the Local Authorities Drainage Engineer have commented on the proposal. The Environmental Agency have in particular commented on an objection by RHS Garden Harlow Carr in respect of potential impact of the development on Harlow Beck and RHS Garden Harlow Carr. RHS Garden Harlow Carr are particular concerned about a reduction in dry weather flows in Harlow Beck to the detriment of RHS Garden Harlow Carr.
In respect of groundwater, the area is underlain by the Bowland Shale formation which is classified as a secondary A aquifer, able to support water supply and river baseflow on a local level. The Bowland Shale is overlain by Devensial Till, which is classified as an unproductive aquifer. Records from a nearby British Geological Society borehole located 500 metres to the NE(near the Harlow Carr garden) show around 17 metres of clay and mudstone on top of 10 metres of shale and 18 metres of sandstone. Geological maps also show that most of Harlow Hill Slack (Harlow Beck) is underlain by till. Assuming these hydrogeological maps are correct, groundwater contribution to the river flow is likely to be insignificant.
The Environment Agency have therefore concluded that there is insufficient evidence to suggest that a borehole is needed to augment flows. They would be responsible for issuing a licence for any water abstraction through a borehole, and it would have to be demonstrated that this was a reasonable use of water. No evidence has been submitted that would support this case.
It is therefore concluded that subject to conditions the proposal will not have an adverse impact on RHS Harlow Carr and that the site can be properly drained, subject to conditions requiring the submission of detailed drainage details.
13 SUSTAINABLE CONSTRUCTION REQUIREMENTS - Policy EQ1 of the Core Strategy requires that all new residential development should be designed to achieve Code for Sustainable Homes level 4 for applications received before the end of 2015 and Code level 6 from 2016 onwards. Other types of non-residential development of 500m² or more gross floor area need to as a minimum meet the ‘very good’ standard as set out in the Building Research Environmental Assessment Method (BREEAM). The application is accompanied by a pre- assessment estimator completed by an accredited assessor showing that the development is likely to reach the required Code/BREEAM targets. Conditions will be added to this consent, if Members are minded to approve the application, requiring the requirements of EQ1 are met.
14 LAND CONTAMINATION, AIR QUALITY AND NOISE - The applicant has submitted a Phase 1 assessment in respect of land contamination. It identified that the site, which comprises open fields has had no other use than as agricultural land although a dilapidated building is present at the northern section of the site which potentially could contain asbestos containing material. While significant soil contamination is unlikely if topsoil from the site is considered for re-use either on the site or elsewhere sampling of the quality of the soil should be undertaken to assess its suitability for re use in gardens and landscaped areas. Overall the site is capable of being developed.
The applicant has submitted an Air Quality Assessment (Chapter 13 of the Environmental Impact Assessment). The assessment has considered the impact of the development during the construction phase (dust emissions and road traffic emissions) and the operational phase.
In respect of noise the applicant has submitted a noise and vibration report. The report is thorough and comprehensive and considers the suitability of the site for its proposed end use, the noise generated from the site as well as the noise at the construction phase. . It also addresses mitigation measures to ensure that the residential dwelling will be provided with an adequate noise climate.
The site is considered to be suitable for the development proposed subject to suitable mitigation measures being taken etc. as detailed at the summary of the Noise Impact Assessment. While there are several areas of the site that are likely to give rise to noise both to residents within the development and also to existing residents at the perimeter of the site, it is therefore essential that the layout of the site is designed to minimise such impacts. As the layout of the site is a reserved matter then these matters can be addressed later during assessment of reserved matters applications if this application is approved.
15 ARCHAEOLOGY - The applicant has conducted a desk based assessment and a geophysical survey report of the site.
The Desk Based Assessment identified few known archaeological features within the proposed red line boundary of the site, however, within the wider study area, several features and finds of prehistoric date have been recorded indicating occupation that may continue into the development area. The geophysical survey has been undertaken over those parts of the development area that were readily accessible. The survey has identified areas of magnetic disturbance from modern land use. However, a possible enclosure of prehistoric date has also been identified.
The County Council Historic Environment Team have advised that a programme of trial trenching as recommended by the Desk Based Assessment and the geophysical survey report is undertaken to ground truth the results of the survey work undertaken to date. They recommend that, as per paragraph 128 of the NPPF, this work is undertaken in advance of a planning decision being taken to determine the extent of archaeological features, the significance of archaeology and therefore determine the impact that the development may have. The applicant has stated that as the area of the site the County were interested in potentially lies beneath proposed open space that it would be appropriate to condition trenching as part of any planning consent rather than being predetermination. This is considered to be an acceptable approach and would allow for appropriate investigation works to be done, including any required mitigation, prior to any work commencing on site
16 S106 AGREEMENT SUMMARY - The key elements of a Section 106 Agreement to secure a number of contributions to works associated with mitigating the impacts arising from the development proposed are detailed below; - Replacement cricket ground and pavilion to be constructed in accordance with ECB guidance notes TS4 and TS5 respectively and made available for use prior to the loss of the existing cricket pitch. - The football pitches will be built to Sport England’s Natural Turf Standards and the sizes should reflect The FA’s recommended pitch layouts. - The proposed changing rooms will be built in accordance with FA standards. - Securing the provision of a bus service into the site. - £229,400 contribution towards the Otley Road/Pot Bank junction improvement. - £300,000 commuted towards the installation of traffic signals at the Otley Road/Crag Lane/Beckwith Head Road junction - A contribution towards improvements to the operation of the Otley Road/Harlow Moor Road/Hill Rise Avenue traffic signals. - Provision of a Travel Plan and monitoring fee. - Commuted Sum for the maintenance of the Traffic Signals at the Otley Road site access - Education contribution and provision of land for a school. - Open space contribution and provision.
CONCLUSION
In the absence of a 5 year housing land supply the Council must consider the advice contained within the NPPF (at Paragraph 14) which creates a presumption in favour of granting planning permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against policies within the National Planning Policy Framework as a whole.
In this case it is considered that any potential impacts on the landscape, the highway, ecology, drainage and crime prevention can be adequately controlled by condition or through a legal agreement. Contributions towards open space provision and affordable housing can also be secured through planning conditions.
The proposed means of access, the only detailed matter to be considered at this stage, has been assessed as being acceptable by the NYCC Highway Engineers and along with a package of off-site highway improvements will ensure that the site is both sustainable and accessible.
It is therefore concluded that, subject to receipt of a satisfactory legal agreement, any adverse impacts of approving the development would not significantly and demonstrably outweigh the benefits of making a significant contribution towards meeting the planning authority's 5 year housing land supply and delivering a significant amount of affordable housing. CASE OFFICER: Mr Graham Brookfield
RECOMMENDATION
That the application be DEFERRED and the CP be authorised to APPROVE the application subject to the following conditions and such other conditions CP considers to be necessary. REASON FOR DEFERRAL:
0 The completion of a Section 106 Agreement requiring:
- Provision of a local centre and thereafter its protection for a reasonable period. - Provision of on-site open space facilities, including sports pitches, associated facilities and relocation of the cricket pitch. - Securing the provision of a bus service into the site. - £229,400 contribution towards the Otley Road/Pot Bank junction improvement. - £300,000 commuted towards the installation of traffic signals at the Otley Road/Crag Lane/Beckwith Head Road junction - A contribution towards improvements to the operation of the Otley Road/Harlow Moor Road/Hill Rise Avenue traffic signals. - Provision of a Travel Plan and monitoring fee. - Commuted Sum for the maintenance of the Traffic Signals at the Otley Road site access - Education contribution and provision of land for a school.
1 Application for approval of the reserved matters for the first phase of the development (as identified in the Phasing Plan approved under condition No. 3) shall be made to the Local Planning Authority not later than three years from the date of this permission. Application for approval of the reserved matters for all other phases shall be made not later than five years from the date of this permission. The development hereby permitted shall begin either before the expiration of two years from the date of approval of the last of the reserved matters for the first phase, or before the expiration of five years from the date of this permission, whichever is the later.
2 No development of a phase shall take place without the prior written approval of the Local Planning Authority of all details of the following reserved matters for that phase:- a Appearance b Landscaping c Layout; and d Scale Thereafter the development of that phase shall not be carried out otherwise than in accordance with the approved details.
3 Prior to the submission of any applications for approval of details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters"), a Phasing Plan, to include landscape phasing measures and details of the delivery of the local retail centre, allotments, play areas, cricket pitch and football pitches, shall be submitted to and approved in writing by the Local Planning Authority. Reserved matters applications for each of the phases identified in the approved Phasing Plan shall be submitted to and approved in writing by the Local Planning Authority before any development in that particular phase begins, and the development shall be carried out as approved.
4 Plans and particulars submitted pursuant to Condition 2 above shall include the following details: (a) any proposed access roads including details of horizontal and vertical alignment; (b) the layout, specification and construction programme for (1) any internal roads not covered by (a) above, (2) footpaths, (3) parking, turning and loading/unloading areas (including visibility splays), (4) cycle parking areas, (5) cycle storage facilities and (6) access facilities for the disabled (7) individual accesses; (c) the positions, design, materials and type of boundary treatment (including all fences, walls and other means of enclosure) to be provided; details for all hard landscape areas, footpaths and similar areas, including details of existing and finished ground levels, all surfacing materials, and street furniture, signs, lighting, refuse storage units and other minor structures to be installed thereon; (d) existing and finished ground levels for all hard and soft landscape areas, together with planting plans and schedules of plants, noting species, sizes and numbers / densities, details of all existing trees, bushes and hedges which are to be retained and a written specification for the landscape works (including a programme for implementation, cultivation and other operations associated with plant and grass establishment). (e) lighting to roads, footpaths and other public areas.
5 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 details of the construction access to the site has been submitted to and approved by the Local Planning Authority in consultation with the Local Highway Authority. Any damage to the existing adopted highway occurring during use of the access until the completion of all the permanent works shall be repaired immediately.
Before the development is first brought into use the highway verge/footway shall be fully reinstated in accordance with the scheme approved in writing by the Local Planning Authority.
6 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 Local highway authority. The works shall be implemented in accordance with the approved details and programme.
7 No part of the development shall be brought into use until the existing accesses on to the application site have been permanently closed off and the highway restored. These works shall be in accordance with details which have been approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. No new access shall be created without the written approval of the Local Planning Authority in consultation with the Local Highway Authority.
8 There shall be no access or egress by any vehicles between the highway and the application site (except for the purposes of constructing the initial site access) until splays are provided as follows: ACCESSES ONTO BECKWITH HEAD ROAD: Clear visibility of 120m to the north and 90 metres to the south measured along both channel lines of Beckwith Head Road from a point measured 2.4 metres down the centre line of the access road. WESTERN ACCESS ONTO OTLEY ROAD: Clear visibility of 215 metres measured along both channel lines of Otley Road from a point measured 2.4 metres down the centre line of the access road. ACCESSES ONTO HOWHILL ROAD: Clear visibility of 215 metres measured along both channel lines of Howhill Road from a point measured 2.4 metres down the centre line of the access road. The eye height will be 1.05 metres and the object height shall be 0.6 metres Once created, these visibility areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.
9 There shall be no access or egress by any vehicles between the highway and the application site until: (i) full technical details relating to the bridging/culverting of the watercourse adjacent to the site have been submitted to, and approved in writing by, the Local Planning Authority in consultation with the Highway Authority; and (ii) The surface water ditch adjacent to the application site has been piped in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority.
10 No part of the development to which this permission relates shall be occupied until the carriageway and any footway/footpath from which it gains access and those required to provide safe and convenient access to the wider highway network are constructed to binder course 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 Local Highway Authority before the first dwelling of the development is occupied.
11 No dwelling shall be occupied until the related parking facilities have been constructed in accordance with the approved drawing for that dwelling. Once created these parking areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.
12 There shall be no excavation or other groundworks, 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 in relation to the school until details of safe routes to school have been submitted to and approved in writing by the Local Planning Authority.
13 No development relating to the school shall take place until a School Travel Plan has been submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. This shall build on the agreed Site Travel Plan and include:-
(i) the appointment of a school travel co-ordinator (ii) a partnership approach to influence travel behaviour with other developments on the site (iii) measurable time related targets linked to targets within the approved Travel Plan (iv) continual appraisal of travel patterns at the school and measures provided through the travel plan (vi) improved safety for vulnerable road users (vii) a reduction in all vehicle trips and mileage (viii) a programme for the implementation of such measures (ix) procedures for monitoring the uptake of such modes of transport.
The approved School Travel Plan shall then be implemented in full and all actions undertaken within the timescales contained within the approved document.
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 in connection with the construction of the access road or building(s) or other works until: (i) The details of the following off site highway improvement works have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. (ii) An independent Stage 1/2 Road Safety Audit for the agreed off site highway works has been carried out in accordance with HD19/03 - Road Safety Audit or any superseding regulations and the recommendations of the Audit have been addressed in the proposed works. (iii) A programme for the completion of the proposed works has been submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. The required highway improvements shall include: a. Signalised site access on Otley Road b. Protected right turn lanes on Otley Road and Beckwith Head Road (including associated drainage, kerbing & lighting works). c. Additional footways on Otley Road & Beckwith Head Road. d. Cycle/Footway on Otley Road. e. Widening of Hill Foot Lane. f. A traffic calming scheme, and programme for public consultation of measures on the public highway at Burn Bridge.
15 Unless otherwise approved in writing by the Local Planning Authority in consultation with the Local Highway Authority, the development shall not be brought into use until the following highway works have been constructed and arrangements for their future maintenance secured in accordance with the details approved in writing by the Local Planning Authority under condition number 14: a. Signalised site access on Otley Road b. Protected right turn lanes on Otley Road and Beckwith Head Road (including associated drainage, kerbing & lighting works) c. Additional footways on Otley Road & Beckwith Head Road. d. Cycle/Footway on Otley Road. e. Widening of Hill Foot Lane. f. A traffic calming scheme in Burn Bridge, agreed through the public consultation process.
16 No development for any phase of the development shall take place until a Construction Method Statement for that phase has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The statement shall include for:-
(i) the parking of vehicles of site operatives and visitors; (ii) the provisions for loading and unloading of plant and materials; (iii) the provisions storage of plant and materials used in constructing the development; (iv) the erection and maintenance of any security fencing or hoarding including decorative displays and facilities for public viewing where appropriate; (v) the provisions for wheel washing facilities; (vi) the measures to control the emission of dust and dirt during construction; (vii) a scheme for recycling/disposing of waste resulting from demolition and construction works; (viii) the proposals for the routing of HGVs to and from the site
17 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 in connection with the construction of the access road or building(s) or other works for any phase of the development until details of how the highway network for the phase relates to the highway network in adjacent constructed and planned phases of the development has been submitted to and approved in writing by the Planning Authority.
18 No development within any phase, approved in condition 4, shall commence until a Design Stage Code for Sustainable Homes Certificate issued by BRE or STROMA for each dwelling type comprised in the development has been submitted to and approved in writing by the Local Planning Authority. The Code Level to be achieved will be a minimum of Code Level 4.
Thereafter the development shall be carried out in accordance with the approved details.
19 A Post Construction Stage Certificate for each dwelling/dwelling type assessed shall be provided to the Local Planning Authority in writing, confirming that appropriate Code Level has been met, prior to the first occupation of the first dwelling comprised in the development to which the certificate relates.
20 No commercial development, including the proposed retail development, shall take place in any phase until the applicant has provided for the approval in writing of the Local planning Authority a Design Stage Certificate for development in that phase provided by an accredited BREEAM Assessor that achieves BREEAM 'very good' or higher. Development in that phase shall be carried out in accordance with the approved details.
21 A certified BREEAM Post Construction Certificate shall be provided to the Local Planning Authority in writing confirming that BREEAM 'very good' has been met, prior to the first occupation of the commercial development, including the community centre, development in that phase.
22 The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex 2 of NPPF or any future guidance that replaces it. The scheme shall include: i. the numbers, type, tenure and location on the site of the affordable housing provision to be made ii. the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; iii. the arrangements for the transfer of the affordable housing to an affordable housing provider; iv. the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and v. the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.
23 No development within a phase shall commence until the Local Planning Authority has approved in writing the details of, and arrangements for the setting out of the Public Open Space and play facilities as part of that phase of the development, such arrangements shall address and contain the following matters:
(i) The delineation and siting of the proposed public open space. (ii) The type and nature of the facilities to be provided within the public open space, including the provision of play equipment within a play area designed to be both a locally and neighbourhood equipped area, which shall be supplied and installed to a specification as agreed by the local planning authority. (iii) The arrangements to ensure that the Public Open Space is laid out and completed during the course of the development. (iv) The arrangements for the future maintenance of the Public Open Space. The open space in that phase shall be completed in accordance with the approved scheme for that phase as agreed by the local planning authority.
24 The development shall be carried out broadly in accordance with the following parameter tables and plans as contained in the Design and Access Statement (March 2014):- Landscape Strategy Plan Page 79 Green Infrastructure (GI) and Landscaping Table Page 82 Green Infrastructure Plan Page 83 Movement and Access Page 117 25 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a Strategic Landscape Plan for areas shown for this purpose in the initial version of the illustrative plan, and such scheme shall include appropriate and extensive landscape enhancement and mitigation measures designed to suit the existing landscape character and needs of the locality respecting and building on local landscape distinctiveness and helping address any relevant existing issues in the landscape. The Plan shall also include a staged programme of implementation. The mitigation measures shall follow the findings and principles set out in the Landscape and Visual Impact Assessment that accompanied the application.
26 A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than privately owned, domestic gardens, shall be submitted to and approved in writing by the local planning authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved.
27 Works shall be undertaken in accordance with paragraphs 4.2.3, 4.3.3, 4.4.3, 4.5.3, 4.7.3 and 4.9.3 of section 4 of the Phase 2 Ecological Survey Report which forms part of the Environmental Statement submitted with the application, dealing with mitigation, compensation and enhancement of sensitive ecological receptors on the site. In addition, a detailed, costed and funded management plan for the proposed Bluecoat Meadows Site of Importance for Nature Conservation shall be submitted for the written approval of the local planning authority prior to the submission of any of the Reserved Matters applications and implemented in accordance with the approved management plan.
28 Prior to commencement of each phase of development, the developer shall include the following details:-
(a) A plan, to a scale and level of accuracy appropriate to the proposal, showing the position of every tree on the site or on land adjacent to the site (including any street or highway tree(s)) that could influence or be affected by the development, indicating which trees are to be removed:
(b) In relation to every tree identified on the plan, a schedule listing:
(i) The information specified in paragraph 4.4.2.5 of BS 5837:2012 (Trees in Relation to Construction - Recommendations) (ii) Any proposed pruning, felling or other tree related operation
In relation to every existing tree identified on the plans as to be retained, details of:
(i) Any proposed alterations to existing ground levels, and of the position of any proposed excavation that might affect the root protection area (RPA) (in accordance with clause 4.6 of BS5837) (ii) All appropriate tree protection measures required before and during the course of development (in accordance with clause 7 of BS5837) (c) Areas of existing landscape, and/or areas of proposed new tree planting or woodlands, to be protected from construction operations and the method of protection (clause 6.2.2 figure 2 and 3).
(d) A detailed Arboricultural Impact Assessment (AIA) (clause 5.4) shall be submitted for approval and consider the following (the list is not exhaustive):
(e) Tree root protection (distances, engineering specifications)
Changes in levels Changes in surfaces Installation and layout of services Demolition of existing buildings, surfaces Exposure due to tree removal Sunlight and shading Construction site access Construction site layout (offices, parking) Construction site materials storage Fruit production (fouling footpaths) Planting (species selection e.g. thorns near footpaths)
(f) A detailed Arboricultural Method Statement (AMS) (clause 6.1) shall be submitted for approval. The AMS will outline how the retained trees can be afforded additional protection using alternative methods of construction or market available alternative techniques.
(g) A detailed landscape scheme to include highway tree planting and the incorporation of underground systems to encourage successful tree growth while protecting services and footpaths/highways.
(h) No operations shall commence on site in connection with the approved phase of development (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 such a time as the AIA and AMS has been formally agreed by the Local Planning Authority and any root protection area (RPA) works required by the approved tree protection scheme are in place.
29 No development shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run- off generated up to and including the 1 in 100 year critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details, with no occupation of buildings to take place before completion of the appproved surface water drainage works.
The scheme shall also include: - surface water runoff will be restricted to the existing greenfield runoff rate - sufficient attenuation and long term storage to at least accommodate a 1 in 30 year storm. The design should also ensure that storm water resulting from a 1 in 100 year event, plus 30% to account for climate change, and surcharging the drainage system can be stored - on the site without risk to people or property and without overflowing into the watercourse. - details of how the scheme will be maintained and managed after completion
30 Unless otherwise agreed in writing by the local planning authority, no building or other obstruction shall be located over or within 4.0 (four) metres either side of the centre line of the sewer, which crosses the site.
31 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.
32 The site shall be developed with separate systems of drainage for foul and surface water on and off site.
33 No development shall take place until details of the proposed means of disposal of foul water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the local planning authority.
34 Unless otherwise approved in writing by the local planning authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.
35 Prior to any soil being reused within or brought onto the site it shall be adequately assessed having regard to, Yahpac Guidance 'Verification Requirements for Cover Systems' with a validation report submitted for approval of the Local Planning Authority to demonstrate that the soil is suitable for use in a residential site.
36 Prior to their demolition an asbestos assessment shall be undertaken of any buildings on the site and any asbestos found properly disposed off.
37 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 carrying 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.
38 Prior to work commencing on the phase of the development that incorporates the commercial units, an assessment shall be undertaken in accordance with BS4142 to determine the rating level of the commercial/business part of the development. This rating level can be determined including proposed attenuation measures. . It is recommended that during normal daytime hours, 0700 to 2300 hours, the BS4142 rating level, measured over 1 hour, should be 5dB below the background level (LA90). During the night-time period, 2300 to 0700 hours, the BS4142 rating level, measured over 5 minutes, should be 5dB below the background level (LA90). The report shall include an assessment of noise emissions from the proposed development and details of background and predicted noise levels at the boundary of the site or at the boundary of the nearest noise sensitive premises together with proposed noise attenuation measures. The report shall be appropriate for the times of day or night that the development will operate. The results of the assessment shall be submitted as a written report to the Local Planning Authority and shall include any supporting calculations. Following that initial report a further noise report will be required at each phase of the development when more information is known about the layout and orientation of dwellings and potentially more is known about the specific uses which will be on site. The report should identify specific works and mitigation at specific locations given the noise exposure. Before use of the development is commenced, a Validation Test of the sound mitigation measures undertaken shall have been carried out and the results submitted to and approved by the Local Planning Authority. Such Validation Test shall: 1. Be carried out by a competent person in accordance with an approved method statement 2. Demonstrate that the sound level criteria specified with the above identified report have been achieved. If these levels have not been achieved, irrespective of the sound mitigation measures already approved, a further scheme will be required incorporating the recommendations of an acoustic consultant to achieve the specified noise levels. The scheme of works shall be submitted to and approved in writing by the Local Planning Authority. Any approved scheme shall be fully implemented and completed prior to occupation.
39 Prior to work commencing on site a method statement/ dust mitigation plan should be submitted to the Local Planning Authority to minimise the effect of construction dust on the existing dwellings and the wider environment during the construction phase. Work shall only commence in accordance with the approved details.
40 Any construction works shall be restricted to the following hours; 08:00 to 18:00 Mondays to Fridays 08:00 to 13:00 Saturdays with no work on Sundays or Bank Holidays.
41 The proposed local retail centre shall be restricted to Use Classes A1 of the Use Classes Order only. Prior to the commencement of the construction of this building, as specified in the phasing details, as required by Condition 3, details of the split of the building, including how many units shall be provided shall submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the agreed details.
42 Any application for approval of reserved matters shall be designed to meet sustainable development objectives and have general regard to the Design and Access Statement (March 2014) or as amended by the other conditions of this consent.
43 Prior to commencement of construction of the sports facilities as detailed in the phasing plan approved under Condition 3 of this consent, detailed shall be provided of the size of each facility, the changing room. club house facilities to be provided, including the timing of their provision and the provision of adequate car parking for each facility. These facilities shall be provided in accordance with the approved details.
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 To enable the Local Planning Authority to control development in detail and to ensure that the development of the site takes place in a well-designed, consistent and comprehensive manner. 4 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and to secure an appropriate highway constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of residents and highway users. 5 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and to ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience. 6 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and in the interests of highway safety. 7 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and in the interests of highway safety. 8 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and in the interests of highway safety. 9 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and to ensure satisfactory highway drainage in the interests of highway safety and the amenity of the area. 10 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and to ensure safe and appropriate access and egress to the dwellings, in the interests of highway safety and the convenience of prospective residents. 11 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and 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. 12 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and to ensure safe and appropriate access and egress between the dwellings and the school to encourage sustainable modes of travel. 13 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and to establish measures to encourage more sustainable non-car modes of transport. 14 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and to ensure that the proposed off site highway works are satisfactory in the interests of the safety and convenience of highway users. 15 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and in the interests of the safety and convenience of highway users. 16 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and to provide for appropriate on-site facilities during construction, in the interests of highway safety and the general amenity of the area. 17 In accordance with Policy SG4 of the Harrogate Core Strategy 2009 and in the interests of the safety and convenience of highway users 18 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 19 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 20 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 21 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 22 To ensure that affordable housing is provided on site, in accordance with "saved" Policy H5 of the Local Plan. 23 In the interests of the provision of adequate open space facilities to serve the development. 24 To ensure the development meets sustainable development objectives. 25 Hard and soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings. 26 Hard and soft landscaping and tree planting make an important contribution to the development and its assimilation with its surroundings. 27 In the interests of the protection of the natural environment and protected species. 28 In the interests of protecting existing and future trees on the site. 29 To prevent the increased risk of flooding, both on and off-site. 30 In order to allow sufficient access for maintenance and repair work at all times. 31 To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system which will prevent overloading. 32 In the interests of satisfactory and sustainable drainage. 33 To ensure that the development can be properly drained. 34 To ensure that no foul water discharges take place until proper provision has been made for its disposal. 35 In the interests of the health and safety of future occupiers of the site. 36 In the interests of the health and safety of future occupiers of the site. 37 In the interests of the health and safety of future occupiers of the site. 38 In the interests of the amenities of future residents of dwellings on the development. 39 In the interests of the amenities of the occupiers of neighbouring land uses. 40 In the interests of the amenities of the occupiers of neighbouring land uses and future occupiers of dwellings on the site. 41 To enable the Local Authority to retain control over the use of the building in the interests of the sustainability of the site. 42 To ensure the development meets sustainable development objectives. 43 To ensure adequate facilities are provided for the required sports facilities on the site. INFORMATIVES
1 A very important high pressure natural gas pipeline owned and operated by Northern Gas Networks crosses the proposed site. This pipeline will be protected by an easement which restricts the work which may be undertaken within that easement without consultation with Northern Gas Networks. 2 In imposing condition number 4 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 Local Highway Authority in order to avoid abortive work. The agreed drawings shall be approved in writing by the Local Planning Authority for the purpose of discharging this condition. 3 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 Local Highway Authority, is available at the County Council's offices. The local office of the Local Highway Authority will also be pleased to provide the detailed constructional specification referred to in this condition. 4 It is recommended that the applicant consult with the Internal Drainage Board, the Environment Agency and/or other drainage body as defined under the Land Drainage Act 1991. Details of the consultations shall be included in the submission to the Local Planning Authority. The structure may be subject to the Highway Authority's structural approval procedures. 5 The proposals shall cater for all types of vehicles that will use the site. The parking standards are set out in the North Yorkshire County Council publication 'Transport Issues and Development - A Guide' available at www.northyorks.gov.uk 6 The layout of the development is a reserved matter. As such the submitted Illustrative Layout Plan has not been approved by this Planning Consent. In addition the only elements of the Design and Access Statement approved by this consent are those parameters listed in Condition 29 of this consent. 7 It is a legal requirement to have a site waste management plan (SWMP) for all new construction projects worth more than £300,000.The level of detail that your SWMP should contain depends on the estimated build cost, excluding VAT. You must still comply with the duty of care for waste. Because you will need to record all waste movements in one document, having a SWMP will help you to ensure you comply with the duty of care. 8 A development of this type is an opportunity to ensure that sustainable construction methods are used throughout, that the waste hierarchy is properly applied and the very best waste management methods are used both in construction and during the life of the development.
In order to meet current legal requirements the applicants should consider more robust studies into:
* the use of recovered or recycled materials in construction * site waste management planning * layout and design of the proposed development to ensure maximum opportunities for segregation and collection of recyclable waste * environmental impacts effecting amenity during construction * the types of waste produced, especially anything hazardous or difficult to handle e.g. asbestos, waste oil, plasterboard. * environmental impacts of waste storage and handling during construction (principally noise and dust) 9 If the applicant intends to abstract more than 20 cubic metres of water per day from a surface water source (e.g. stream or drain) or from underground strata (via borehole or well) for any particular purpose during construction or operation, an Environment Agency abstraction licence will be required. Please note that there is no guarantee that this will be granted as it is dependent on available water resources and existing protected rights. 10 All doors and windows on elevations of the building(s) adjacent to the existing and/or proposed highway shall be constructed and installed such that from the level of the adjacent highway for a height of 2.4 metres they do not open over the public highway and above 2.4 metres no part of an open door or window shall come within 0.5 metres of the carriageway. Any future replacement doors and windows shall also comply with this requirement.