Case No. 17/04059/FULMAJ Item No
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Case No. 17/04059/FULMAJ Item No. 05 Location: Land Comprising Field At 438371 473369, Topcliffe Road, Dishforth. Proposal: Erection of 56 dwellings, associated garaging, walls and fences installation of railings and gates and formation of associated access, hardstanding, landscaping and bin store. Applicant: Newett Homes Access to the case file on Public Access can be found here:- view file Reason for report: This application is to be presented to the Planning Committee because the development is for more than 49 dwellings. This application is brought back to committee having been deferred at the meeting held on 22 May 2018 for further evidence/reassurance to be provided in relation to noise (sound test results/report required), pollution/fumes from A168 (a pollution readings report is requested), to obtain a definitive report from Yorkshire Water and the Environmental Health Officer to attend committee when the item returns. SUMMARY In accordance with paragraph 11 of the National Planning Policy Framework (NPPF) the proposal is considered in the context of the presumption in favour of sustainable development. In the absence of a 5 years supply of housing the "tilted balance" in Paragraph 11 of the NPPF establishes that permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies of the NPPF. The report demonstrates that there are no economic or environmental effects of development that significantly or demonstrably outweigh the social benefits of providing new housing in this location. The development would not cause undue harm to neighbouring property and residents can be appropriately safeguarded from noise and pollution arising from the A168 and nearby land uses. RECOMMENDATION: Defer and Approve subject to conditions and a S106 Agreement 17/04059/FULMAJ 1 17/04059/FULMAJ 2 17/04059/FULMAJ 3 1.0 SITE DESCRIPTION 1.1 This two hectare site comprises two Grade 3 Agricultural fields, one of which is partly the subject of a separate approved application for 5 dwellings (case no.17/02226/REM), the area of which is excluded from this application. 1.2 Aside from the area which was the subject of that separate application, the south-western boundary largely adjoins existing residential development on Forest Drive and Topcliffe Avenue, and the south-eastern boundary Topcliffe Road. Further agricultural land lies to the north-west and north-east with the A168 dual carriageway passing by to the north. A waste water treatment works lies to the south-east side of Topcliffe Road. 1.3 A stream, known as Soppa Gutter, flows along the north eastern side of the site with a flood zone extending partly into the site. 2.0 PROPOSAL 2.1 Fifty-six dwellings are proposed, at a density across the whole site of 28 dwellings / hectare. Access would be from Topcliffe Road opposite that to the sewerage works and 22 of the dwellings would be affordable; 4 no. 1 bed, 13 no. 2 bed, and 5 no. 3 bed These would be positioned as semi-detached properties and a pair of terraces comprising three dwellings. Open market dwellings comprise; 4 no. 2 bed detached, 3 no. 3 bed terraced 6 no. 3 bed semi-detached, 8 no. 3 bed detached, and 13 no. 4 bed detached. 17/04059/FULMAJ 4 2.2 Three properties adjacent to the north-west boundary are indicated as being fitted with enhanced glazing, and eleven properties to the north-east are noted as being fitted with two different thicknesses of glazing. All of these properties would be fitted with trickle vents providing insulation of 31-33dB which do not preclude windows from being opened. 2.3 A surface water attenuation storage tank is proposed at the eastern part of the site and the land here would be open space. The existing surface water sewer that crosses to the site is to be diverted as part of the development. 3.0 APPLICANT'S SUPPORTING INFORMATION 3.1 The application is supported by the following documents; Air Quality Assessment Contaminated Land Assessment Design and Access Statement Drainage Technical Note Flood risk assessment / Drainage and SuDs assessment Highways Technical Note Noise Impact Assessment Noise Monitoring Validation Odour Technical Note Planning Statement, and Addendum Preliminary Ecological Appraisal Preliminary Ground Condition Investigation Transport Statement Tree and Hedgerow Survey Report Water Vole Survey 3.2 No Statement of Community Involvement nor any indication of such involvement has been provided. 4.0 RELEVANT HISTORY 17/04059/FULMAJ 5 4.1 The application site together with that adjacent with approval for 5 dwellings (case no. 17/02226/REM) forms housing allocation DF4 in the draft Local Plan. 4.2 Elsewhere, 72 dwellings were permitted on land to the north-west of the village under an outline permission granted on 4 July 2017 (16/04981/OUTMAJ) superseding an earlier permission on part of that site for 28 dwellings (15/05489/OUTMAJ). A reserved matters application for those 72 dwellings has recently been approved. 5.0 NATIONAL & LOCAL POLICY 5.1 National Planning Policy 5.2 The National Planning Policy Framework July 2018 (NPPF) sets out the Government’s planning policies for England and how these are expected to be applied. Planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework is a material consideration in planning decisions. 5.3 At the heart of the NPPF is a presumption in favour of sustainable development. 5.4 Core Strategy Policy C1 Inclusive communities Policy EQ1 Reducing risks to the environment Policy EQ2 The natural and built environment and green belt Policy SG1 Settlement Growth: Housing Distribution Policy SG2 Settlement Growth: Hierarchy and limits Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt 17/04059/FULMAJ 6 Policy SG4 Settlement Growth: Design and Impact Policy TRA1 Accessibility Policy TRA2 Transport infrastructure Policy TRA3 Travel management 5.5 Harrogate District Local Plan (2001, As Altered 2004) Policy C2 Landscape Character Policy H5 Affordable Housing Policy HD13 Trees and Woodland Policy HD20 Design of New Development and Redevelopment 5.6 Supplementary Planning Documents Green Infrastructure Biodiversity Design Guide Biodiversity Action Plan Landscape Character Assessment of Harrogate District House Extensions and Garages Design Guide Residential Design Guide 5.7 Other material policy considerations: National Planning Practice Guidance 6.0 CONSULTATIONS 6.1 County Education Officer – Predicts that in 2021/2022 Dishforth CofE Primary School will have 9 surplus places and that this development will create a need for 14 places. Therefore, requires a contribution of £67,980 towards resolving the predicted shortfall of 5 places. Do not seek any secondary school contribution. 17/04059/FULMAJ 7 6.2 Yorkshire Water – Express concern due to the proximity of the waste water treatment works (WWTW) and pumping station due to malodour and/or noise created by those facilities. Also concerned over the location of the access opposite that to WWTW and potential risk to highway safety. Request any approval includes conditions in respect of surface water and protection of a water main. UPDATE: Advise that the additional 56 dwellings that are proposed will not increase tanker movements from the waste water treatment works (WWTW), and the submitted Flood Risk Assessment is acceptable in terms of the how waste water will be dealt with. 6.3 NYCC Highways And Transportation – Do not object. With regard to the concern of Yorkshire Water consider traffic movements into the Yorkshire Water site would be classed as low, and therefore the risk to highway safety is very low. Advise that the required visibility splays of 2.4m x 43m are shown as being achievable. Require a footway along Topcliffe Road. Request conditions including Construction Traffic Management Plan, detailed plans and construction of road and footway layout, parking for dwellings, precautions to prevent mud on the highway, onsite parking storage and construction traffic during development, and routing of construction traffic. 6.4 Environmental Health Officer – Does not object. - Requests a contaminated land assessment is conditioned. - Advises that in terms of protection of the most exposed areas from traffic noise the proposed layout is a good design compromise, together with the provision of appropriate barriers, fences and walls. The protection to the outdoor garden amenity areas incorporates attenuation through distance, acoustic fence and in the most exposed area the use of the proposed buildings as a barrier and so locating gardens out of sight of the A168. Nevertheless requires a noise condition be imposed on any approval. 17/04059/FULMAJ 8 UPDATE: Also asks that details of the acoustic fence are agreed, as that proposed incorporates butt jointed boards. This method of construction is not appropriate as any shrinkage or movement of the boards may result in gaps appearing. As a minimum requires the butt joint between two boards should be covered by a third board. Notes additional noise readings have been undertaken. The original one hour daytime measurements showed little variation ranging from 59 to 64 dB LAeq,1hour. The additional hourly measurements showed little variation ranging from 62 to 63 dB LAeq,1hour. The proposed trickle vents with sound isolation address noise issues, however it may be necessary for windows to be kept closed