East 428022 North 456989 Application

184/13(1) CASE NUMBER: 13/01038/OUTMAJ GRID REF: EAST 428022 NORTH 456989

APPLICATION NO.: 6.93.635.OUTMAJ

LOCATION: Land Comprising Field At 428022 456969 Skipton Road Killinghall North Yorkshire

PROPOSAL: Outline application for residential development with open space, landscaping and associated access with access considered (site 7.7 ha).

APPLICANT: Commercial Estates Projects

DEFERRED and the CP in consultation with the Chairman be authorised to APPROVE the application subject to the following condition(s) and such other conditions CP considers to be necessary. REASON FOR DEFERRAL:

That the SoS be notified that if the application had been before the LPA it would have been minded to defer the application to the Chief Planning Officer for approval subject to the completion of a legal agreement (requiring contributions towards the making of any Traffic Regulation Orders associated with the relocation of speed limits on Skipton Road and towards monitoring the implementation of the Framework Travel Plan) and to finalise the details of the proposed conditions and such other conditions as the Chief Planner considers necessary, in consultation with the Chairman of the Planning Committee.

PROPOSED CONDITIONS:

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 two 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 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 that in accordance with the approved details.

3 Prior to the commencement of development a phasing plan setting out the proposed phasing of the construction of the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter each reserved matters application for a phase submitted pursuant to Condition 2 above shall be accompanied by an updated phasing plan for the approval of the Local Planning Authority. The updated phasing plan shall set out any proposed changes from the phasing plan previously approved pursuant to this Condition. The development shall be carried out in accordance with the phasing plan as approved and updated unless otherwise agreed in writing with the Local Planning Authority or required by other conditions of this permission. For the purposes of this permission all references to a "phase" shall be interpreted as being a reference to a phase as defined on the phasing plan approved pursuant to this condition.

4 The development shall be carried out broadly in accordance with the following approved plans: Site Plan ( Drawing No. CL20912-015 Rev A), Land Use and Amount Parameter Plan (Dwg. Ref. No. IL20912-008 Rev A) and 40m ICD Roundabout Access Option (Drawing No. 08/168/TR/002 Revision E).

5 Unless otherwise approved in writing by the Local Planning Authority, there shall be no excavation or other groundworks within a phase, except for investigative works or the depositing of material on the site for any phase of the development until, the following drawings and details have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority: (1) Detailed engineering drawings to a scale of not less than 1:500 and based upon an accurate survey showing: (a) the proposed highway layout including the highway boundary (b) dimensions of any carriageway, cycleway, footway, and verges (c) visibility splays (d) the proposed buildings and site layout, including levels (e) accesses and driveways (f) drainage and sewerage system (g) lining and signing (h) traffic calming measures (i) all types of surfacing (including tactiles), kerbing and edging. (2) Longitudinal sections to a scale of not less than 1:500 horizontal and not less than 1:50 vertical along the centre line of each proposed road showing: (a) the existing ground level (b) the proposed road channel and centre line levels (c) full details of surface water drainage proposals. (3) Full highway construction details including: (a) typical highway cross-sections to scale of not less than 1:50 showing a specification for all the types of construction proposed for carriageways, cycleways and footways/footpaths (b) when requested cross sections at regular intervals along the proposed roads showing the existing and proposed ground levels (c) kerb and edging construction details (d) typical drainage construction details. (4) Details of the method and means of surface water disposal. (5) Details of all proposed street lighting. (6) Drawings for the proposed new roads and footways/footpaths giving all relevant dimensions for their setting out including reference dimensions to existing features. (7) Full working drawings for any structures which affect or form part of the highway network. (8) A programme for completing the works. The development shall only be carried out in full compliance with the approved drawings and details unless agreed otherwise in writing by the Local Planning Authority in consultation with the Highway Authority.

6 No dwelling to which this planning permission relates shall be occupied until the carriageway and any footway/footpath from which it gains access is constructed to basecourse macadam level and/or block paved and kerbed and connected to the existing highway network with street lighting installed and in operation.

The completion of all road works within a phase shall be in accordance with a programme approved in writing with the Local Planning Authority in consultation with the Highway Authority before any dwelling within that phase is occupied.

7 There shall be no movement by construction or other vehicles between the highway and the application site (except for the purposes of constructing the initial site access) until that part of the access extending 20 metres into the site from the carriageway of the existing highway has been made up and surfaced in accordance with the approved details and the published Specification of the Highway Authority. All works shall accord with the approved details unless otherwise approved in writing by the Local Planning Authority in consultation with the Highway Authority. Any damage during use of the access until the completion of all the permanent works shall be repaired immediately.

8 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 required highway improvement works, listed below, have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. (ii) An independent Stage 2 Safety Audit has been carried out in accordance with HD19/03 - Road Safety Audit or any superseding regulations. (iii) A programme for the completion of the proposed works has been submitted. The required highway improvements shall include:

a. Site Access Roundabout b. A59/B6161 roundabout improvement to the northbound, westbound and eastbound arms. c. Toucan Crossing on Skipton Road d. Footway & Cycleway on Skipton Road e. Bus stop and bus infrastructure on Skipton Road.

Thereafter the development shall be carried out in accordance with the approved details.

9 Unless otherwise approved in writing by the Local Planning Authority in consultation with the Highway Authority there shall be no excavation or other groundworks, except for investigative works, or the depositing of material on the site until the Roundabout Access has been constructed in accordance with the details approved in writing by the Local Planning Authority under condition number 8.

10 Unless otherwise approved in writing by the Local Planning Authority in consultation with the Highway Authority, the development shall not be brought into use until the following highway works have been constructed in accordance with the details approved in writing by the Local Planning Authority under condition number: a. A59/B6161 roundabout improvement to the northbound, westbound and eastbound arms. b. Toucan Crossing on Skipton Road c. Footway & Cycleway on Skipton Road d. Bus stop and bus infrastructure on Skipton Road.

11 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 provide for:

i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development iv. erection and maintenance of security hoarding v. wheel washing facilities vi. measures to control the emission of dust and dirt during construction viii. advisory HGV routing

12 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.

13 No dwellings shall be occupied until the improvements to the A59/B616 roundabout have been implemented in accordance with the details previously submitted to and approved in writing by the Local Planning Authority in consultation with the Highways Authority. Such details shall be in broad accordance with drawing B1688100/JNCT-1/A and shall include:

a. A programme for the completion of the proposed works; and b. An independent Stage 2 Safety Audit. The Safety Audit should be carried out in accordance with HD19/03 Road Safety Audit or any superseding regulations. The recommendations in the Stage 2 Road Safety Audit should be implemented thereafter.

14 No dwellings shall be occupied until the improvements to the A59/A61 roundabout have been implemented in accordance with the details previously submitted to and approved in writing by the Local Planning Authority in consultation with the Highways Authority. Such details shall be in broad accordance with Mouchel Drawing no. MP-112C-GEO3 and shall include:

15 Prior to the development being brought into use, a Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The Travel Plan shall be implemented and the development shall thereafter be carried out and operated in accordance with the Travel Plan.

16 Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until sections 1 to 4 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until section 4 has been complied with in relation to that contamination.

1. SITE CHARACTERISATION An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to: * human health, * property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, * adjoining land, * groundwaters and surface waters * ecological systems * archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

2. SUBMISSION OF REMEDIATION SCHEME A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

3. IMPLEMENTATION OF APPROVED REMEDIATION SCHEME The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise approved in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. 4. REPORTING OF UNEXPECTED CONTAMINATION In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirement of section 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of section 2, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with section 3.

17 Prior to the commencement of the development hereby approved, a further noise report shall be submitted for the written approval of the local planning authority. Thereafter the development shall be carried out in accordance with the approved details. The report shall demonstrate how the noise levels stipulated in BS 8233:1999 - for good resting/sleeping conditions will be achieved. The report shall also include the best practice measures to be implemented with respect to construction noise during the construction phase.

18 Prior to the commencement of the development details shall be submitted for the written approval of the local planning authority which show the provision to be made at all properties for the storage and containment of refuse prior to collection and access for collection of refuse. Thereafter the development shall be carried out in accordance with the approved details.

19 Prior to the commencement of the development a dust mitigation plan shall be submitted for the written approval of the local planning authority. Thereafter the development shall be carried out in accordance with the approved details. The plan shall demonstrate how the effect of construction dust on the existing dwellings and the wider environment during the construction phase will be minimised as detailed in SLR's Air Quality Assessment.

20 No trees identified as supporting bat roost potential in the ecological survey (BSG Ecology, September 2013) shall be removed or have tree surgery undertaken on them, until a further inspection for bats has been submitted for the written approval of the local planning authority. Thereafter the development shall be carried out in accordance with the approved details.

21 No removal of shrubs or hedges shall be undertaken (for access or any other purposes) during the main birds nesting season (March-August inclusively) unless a survey by a suitably qualified ecologist demonstrates that no actively nesting birds are present. 22 A scheme for the removal of Himalayan balsam shall be submitted for the written approval of the local planning authority prior to the commencement of any works (including access, site investigation, preparation etc.) which may be likely to cause its spread. Thereafter the development shall be carried out in accordance with the approved details.

23 Prior to the commencement of development of any particular phase a detailed Arboricultural Implications Assessment (AIA) for that phase, must be submitted to, and approved in writing by, the LPA. The AIA must consider: a Light loss to the main living rooms of proposed property b Room for developers to implement plans without conflicting on retained trees c Site lines d CCTV site lines e Proposed tree planting and future impacts on the site - right tree in right place f Satellite and solar panel locations g Areas identified for planting and its protection during development (large areas for proposed tree planting will need to be protected from construction traffic and storage in order to retain the soil structure and sustainability).

24 Prior to commencement of each phase of development a Tree Protection Plan (TPP) and Arboricultural Method Statement (AMS), in line with the recommendations of BS5837:2012, for that phase, should be submitted to and approved in writing by the Local Planning Authority. No operations shall commence on site in connection with a particular 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 time as the TPP and AMS for that phase has been formally agreed and any root protection scheme for that phase are in place.

25 Prior to the commencement of development of any phase of the development affecting the 18" water main which crosses the site, the applicant shall agree in writing with the local planning authority, in consultation with Yorkshire Water, details of any water mains diversions. Thereafter the development shall be carried out in accordance with the approved details.

26 Unless otherwise agreed in writing by the local planning authority, no building or other obstruction shall be located over or within 3.0 (three) metres either side of the centre line of the existing 18" water main, which crosses the site or any diverted water main agreed under condition No. 25.

27 No new tree planting shall be located over or within 5.0 (five) metres either side of the centre line of the existing water main, which crosses the site or any diverted water main agreed under condition No. 25. 28 The site shall be developed with separate systems of drainage for foul and surface water on and off site.

29 Unless otherwise approved in writing by the local planning authority no piped discharge of surface water from the application site within any phase of the development shall take place until works to provide a satisfactory outfall for surface water for that phase have been completed in accordance with details to be submitted to and approved by the local planning authority before development commences.

30 No development shall take place until a surface water drainage strategy for the site based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and 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 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 before the development is completed. The strategy shall also:

Allow for phased development of the site to proceed without compromising the holistic approach to dealing with surface water across the whole site; Include a maximum surface water discharge rate of 3.5l/s/ha. Include attenuation and long term storage should be provided to accommodate at least a 1 in 30 year storm. The design should ensure that storm water resulting from a 1 in 100 year event (plus 30% to account for climate change) and drainage system surcharge can be stored on-site without risk to people or property and without overflowing into the watercourse. Include details of how the strategy shall be maintained and managed after completion.

The development should be designed to incorporate the principles of SuDS for the disposal of surface waters.

31 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.

32 Unless otherwise approved in writing by the local planning authority, no buildings within any phase of the development shall be occupied or brought into use prior to completion of the approved foul drainage works for that phase.

33 The development shall not begin until a scheme for the provision of the council's target affordable housing percentage, subject to financial viability 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.

34 No development shall take place 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. 35 A Post Construction Stage Certificate for each dwelling/dwelling type assessed shall be provided to the Local Planning Authority in writing, confirming that Code Level 4 has been met, prior to the first occupation of the first dwelling comprised in the development to which the certificate relates.

36 Prior to the commencement of the development an electric vehicle infrastructure strategy and implementation plan to include details of the number, location and maintenance of the electric vehicle charging points shall be submitted for the written approval of the local planning authority. The electric vehicle charging points shall be implemented in accordance with the approved details prior to occupation of the dwelling houses.

37 The construction dust mitigation measures outlined in section 6.1.1, of the amended air quality assessment, SLR reference: 415.01465.00010, dated February 2014, shall be implemented on site.

38 At the reserved matters stage a revised Travel Plan shall be submitted which finalises the measures to be put in place.

39 No development shall take place until full details of public open space to serve the development in accordance with Policy C1 of the Harrogate District Core Strategy have been submitted to and approved by the Local Planning Authority and agreement has been reached with the Local Planning Authority as to the provision of the same and its subsequent management and maintenance. 40 Prior to commencement of development a detailed scheme for landscaping, including the planting of trees, hedges and shrubs and the use of hard and soft surfacing materials shall be submitted to and approved in writing by the local planning authority. Such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and the timing of implementation of the scheme, including any earthworks required. Thereafter development shall be carried out as approved.

41 In the event of the failure of any trees or shrubs planted in accordance with the approved landscaping scheme to survive for a period of five years from the date of completion of the scheme; such trees or shrubs shall be replaced by the developer with such live specimens of the same species of that originally planted and in the same location unless otherwise approved in writing by the local planning authority.

42 Prior to the commencement of any phase of the development hereby approved details of how Secure by Design principles have been incorporated into the design of that phase shall be submitted for the written approval of the local planning authority. Thereafter the development shall be carried out in accordance with the approved details.

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 ensure the satisfactory delivery of all elements of the proposed development. 4 For the avoidance of doubt. 5 to ensure safe and appropriate access and egress to the dwellings, in the interests of highway safety and the convenience of prospective residents. 6 To ensure safe and appropriate access and egress to the dwellings, in the interests of highway safety and the convenience of prospective residents. 7 To ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience. 8 To ensure that the details are satisfactory in the interests of the safety and convenience of highway users. 9 In the interests of the safety and convenience of highway users. 10 In the interests of the safety and convenience of highway users. 11 To provide for appropriate on-site facilities during construction, in the interests of highway safety and the general amenity of the area. 12 To protect pedestrians and other highway users. 13 In the interests of highway safety. 14 In the interests of highway safety. 15 In the interests of highway safety. 16 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policies SG4 and EQ1 of the Harrogate District Core Strategy. 17 In the interests of residential amenity. 18 In the interests of residential amenity. 19 In the interests of residential and general amenity. 20 To protect the interests of bats and nesting birds. 21 To protect the interests of nesting birds. 22 To prevent the spread of Himalayan balsam. 23 To ensure trees are adequately considered in the scheme. 24 To protect existing trees on the site during the construction phase. 25 In order to allow sufficient access for maintenance and repair work at all times. 26 In order to allow sufficient access for maintenance and repair work at all times. 27 In order to protect the structural integrity of the water main from tree root infestation. 28 In the interest of satisfactory and sustainable drainage. 29 To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system which will prevent overloading. 30 To ensure that the development can be properly drained and to prevent the increased risk of flooding, both on and off site. 31 To ensure that the development can be properly drained. 32 To ensure that no foul water discharges take place until proper provision has been made for its disposal. 33 To ensure that affordable housing is provided on site, in accordance with "saved" Policy H5 of the Local Plan. 34 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 35 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 36 To promote the use of more sustainable means of transport and to reduce pollution. 37 To minimise the impact on air quality from the construction phase and to minimise dust nuisance. 38 To promote the use of more sustainable means of transport and to reduce pollution. 39 To ensure adequate provision of public open space and community facilities to meet the needs of occupiers of the development, in accordance with Core Strategy Policy C1. 40 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity. 41 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity. 42 To reduce crime and the fear of crime. (Nine Members voted for the motion and there were four against)