HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 7 July 2015
PLAN: 01 CASE NUMBER: 15/00798/EIAMAJ GRID REF: EAST 427756 NORTH 453408 APPLICATION NO. 6.500.7.W.EIAMAJ DATE MADE VALID: 23.02.2015 TARGET DATE: 25.05.2015 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=NK8AHZHY0B100
APPLICANT: HTH Harrogate LLP
AGENT: Nexus Planning
PROPOSAL: Outline application for up to 450 dwellings, mixed use local centre to include retail, primary school, village green, open space and associated infrastructure with access considered.
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 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 area is largely undeveloped and in agricultural use, including a number of agricultural related buildings, apart from Bluecoat Nurseries which is operated by Horticap and an equestrian business in the southeast of the site. The north western part of the site also includes a cricket pitch and pavilion. Bluecoat Nurseries is excluded from the application 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 local centre to include retail and 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.
A previous application for the same development was refused by Members on 16th September 2014. Members considered that the proposal would have a severe impact upon existing road safety and traffic flow problems on the local highway network. An appeal has been lodged by the applicant with a Public Inquiry starting on 15th September 2015. The Council have taken advice from an Independent Highways Consultant with regard to defending the Highways Reason for refusal at appeal. Members will be updated at the meeting in respect of this advice.
The application before Members at this meeting was submitted as a duplicate application. The applicant has however during consideration of the application submitted a revised Transport Assessment which proposes additional and amended highway mitigation works to those originally proposed as part of the application refused by Members. These measures now include:
Implementation of traffic calming measures along Beckwith Head Road. Traffic lights on main entrance to site off Otley Road. A contribution towards signalisation of the Otley Road/Beckwith Head Road, Crag Land Junction. Improvements to Pot Bank Roundabout. A contribution towards a highway improvement scheme at the Prince of Wales Roundabout. Contribution towards traffic calming measures in the village of Burn Bridge and a road safety improvement scheme at the A61/Burn Bridge junction. Contribution towards the installation of MOVA at three junctions along Otley Road, that is the junctions with, Harlow Moor Road, Pannal Ash Road and Cold Bath Road. Provision for installation of MOVA at Beckwith Head junction, once it is signalised.
The proposal also includes improved connections to the surrounding footway and cycle routes including: Provision of an off-road footway/cycleway between the site and Harlow Moor Road. New footway connections along the eastern side of Beckwith Head Road. A new pedestrian crossing in Beckwithshaw village. Additional footway connections from the eastern boundary of the site. Diversion of the existing Harrogate Ringway cycle route through the site. Proposed pedestrian and cycle crossing provision at the main site access. Additional pedestrian refuges on Otley Road and Beckwith Head Road.
An updated Ecological Assessment has also been submitted.
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 13/02786/EIAMAJ - Outline application for 450 dwellings, mixed use local centre to include retail, primary school, village green, open space and associated infrastructure with access considered. Refused 16.09.2014 for the following reason; "The proposal would have a severe impact upon existing road safety and traffic flow problems on the local highway network. The proposal is therefore contrary to the requirements of Harrogate District Local Development Framework Core Strategy Policy SG4". The applicant has submitted an Appeal with a Public Inquiry due to start on 15th September 2015.
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 are pending, 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 DCS Arboricultural Officer The Arboricultural comments made in response to previous application remain valid as set out below. 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.
Principal Ecologist No response at time of writing report.
Conservation and Design Section While it is possible to design a housing scheme based on the design objectives any approval should not be reliant on the Design and Access Statement and Illustrative Plan as they need amending. Approval of the access points should not fix the layout.
Department Of Community Services No response at time of writing report. H.B.C Land Drainage Comments for this application remain the same as comments made on the previous application as set out below. 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 detailed comments incorporated into report).
Environment Agency - Dales Area Office Comments remain the same as per the previous application, including proposed condition. A summary of these is set out below. 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.
Economic Development Officer No objections.
County Education Officer A developer contribution of £1,529,550 would be sought for primary education facilities and a contribution of £1,187,140 would be sought for secondary education facilities. North Yorkshire County Council would require 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.
Environmental Health In respect of noise, there are several areas of the site that are likely to give rise to noise to residents within the development. Conditions recommended in respect of the undertaking of noise assessments. Best practice measures should be taken with respect to construction noise at specified in the EIA. In addition a method statement/dust mitigation plan shall be submitted in respect of the construction phase. Operating hours during construction should be restricted. In respect of refuse suitable and sufficient provision shall be made.
EHO Contaminated Land A Phase 1 investigation has been submitted. Significant soil contamination is unlikely but if topsoil is to be removed or reused it should be sampled. The same with external topsoil. An asbestos assessment will be needed in respect of the building on the site. Conditions recommended.
NYCC Highways And Transportation 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 Local Highway Authority considers that there are no barriers to the approval of the proposed development.
Head Of Parks & Environmental Services As the development has not changed then comments on the previous application are still valid and should be used, as set out below. In summary the following comments were 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 play, 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 (see assessment section of report for detailed comments on the provision of open space on the site).
The British Horse Society No response at time of writing report.
Housing Department The council's planning guidance sets minimum sizes for the dwellings. Flats are acceptable, but only where market flats are also provided and then proportionately. Affordable dwellings should be well integrated and visibly indistinct from the market housing, in clusters of no more than 8 dwellings. Transfer prices of £1100 per sm for houses (GIA) and £1050 per sm for flats (excluding communal areas) apply.
Health and Safety Executive Development needs to be considered using HSE's assessment methodology. Details need to be sent to Major Accidents Risk Assessment Unit. Further response awaited from HSE. Members will be updated at the meeting.
Landscape Officer No objection on landscape grounds to the application, provided that the following plans and documents are conditioned as part of any approval given for this site and that the development is carried out strictly in accordance with these documents (see assessment section of report for detailed comments on landscape impact).
MAFF, Director - Rural No response at time of writing report. Natural England Based upon the information provided the proposal is unlikely to affect any statutorily protected sites or landscapes. Have not assessed this application and associated documents for impacts on protected species. should apply Standing Advice to this application. 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. 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, for example through green space provision and access to and contact with nature.
Police Architectural Liaison Officer Proposed development on this site has the potential to place a significant demand on police resources. It is therefore vital that crime prevention and 'designing our crime' are given serious consideration from the outset. Guidance is provided to assist when drawing up a more detailed proposal. It would be beneficial for the developer to consult with the Police prior to submitting the detailed proposal. The applicant should consider Secured by Design accreditation.
Ramblers Association - Mr Andrew Willoughby No comments received
Sport England Sport England objected on the provision of the playing fields and replacement cricket pitch. However they accept that the proposal is capable of meeting playing field policy and subject to various matters being secured by Section 106 agreement they are prepared to withdraw their objection. The matters to be included within a S106 relate to replacement of the cricket ground and pavilion and provision of the football pitches and changing facilities.
Highways England No objection.
Yorkshire Water 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. Offsite sewerage may be required.
Parish Council BECKWITHSHAW
Early Years Foundation Stage Team No response at time of writing report. Parish Council NORTH RIGTON
Heritage Unit of NYCC Would advise that a scheme of archaeological trial trenching evaluation should be undertaken as recommended by the Desk Based Assessment, to ground truth the results of the survey work undertaken to date, to identify and describe the nature and significance of any surviving archaeological remains within the proposed development area, and enable an understanding of the potential impact of the development proposal upon their significance. This evaluation should be undertaken prior to determination of the planning application.
Footpath Officer - NYCC No response at time of writing report.
DCS - Open Space A commuted sum comprising £582,170 towards the Provision/Enhancement of Open Space facilities will be required. If the on site open space is adopted by the Council then a further commuted sum of £817,761.38 will be required for on going maintenance of the open space. This figure is based on an indicative house types of, 50 one bedroom, 162 two bedrooms, 158 three bedrooms, 68 four bedrooms and 14 five bedrooms.
Planning Policy No Policy Objection. Although the Council can demonstrate a five year land supply of housing sites, the supply position is marginal and it is important that it is maintained. Further housing permissions, such as this one which was previously put forward as a preferred option, are needed in order to maintain the Council's 5 year land supply of deliverable sites. The development guidelines for the site have been included within the response.
Policy Dev Unit NYCC No response at time of writing report.
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. 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.
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 CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt CSEQ1 Core Strategy Policy EQ1: Reducing risks to the environment 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: 18.06.2015 PRESS NOTICE EXPIRY: 09.07.2015
REPRESENTATIONS HAVEREH PARK WITH BECKWITHSHAW PARISH COUNCIL Access points onto Otley Road will cause traffic disruption, congestion and conflict. A central road is required through the site for bus access. Otley Road eastern site access is in a dip in the road and can flood. Access points onto Beckwith Head are onto a narrow carriageway which is narrowed by parked cars. Road is unsafe for cyclists. Will cause tailbacks into Beckwithshaw Village. Roads are too narrow to take traffic.
NORTH RIGTON PARISH COUNCIL No response at time of writing report.
OTHER REPRESENTATIONS Harrogate Civic Society object to the application. In summary they state that; In addition to the urban extensions on greenfield land, much greenfield land in the District has been given consent. This land can never be replaced. We should be encouraging, in line with the NPPF, more use of brownfield sites. This site would alone account for well over a year's housing development for Harrogate. If other areas in the District exceed their housing requirements then this should reduce Harrogate's requirement. The proposal would produce a great deal of additional traffic at the Otley Road/Crag Lane/Beckwith Head Road crossroads. Traffic at this junction is currently exacerbated by the growing demands of RHS Harlow Carr Gardens and the new police station. The recently approved housing site for 124 dwellings on Crag Lane can only compound the problems of traffic volume and safety. Refusal is strengthened by the appeal decision on the Crag Lane application which was allowed. The area of this site is currently outside of development limits for Harrogate. It is also covered by Special Landscape Area policy. The west boundary of the site abuts the Green Belt (in part). We acknowledge that the properties at this side of the site would be of lesser density. The village of Beckwithshaw is a very short distance from the westernmost parts of the site. The separation would be such that coalescence is almost achieved and this would be the impression given.
A number of other individual objections have also been received including a strong objection from Harlow and Pannal Ash Residents Association. In summary the following comments have been made;
Highways The proposal would have a severe impact upon existing road safety and traffic flow problems on the local highway network. This development combined with the other 120 dwellings from development within the site will add over 1000 dwellings onto the roads. Road through Burn Bridge not adequate, and one way at Burn Bridge, to take traffic increase. The proposed Bluecoat Park site is served by a B Class road which already has the highest concentration of traffic lights and pedestrian crossings of any road into and out of Harrogate and is almost gridlocked at rush hour. Traffic light sequencing causes traffic to be stacked in long queues on each of these side roads. At peak times it can take 45 minutes to traverse the one mile down to the Leeds Road. Cars from this development will lead to a standstill and affect Prince of Wales Roundabout, Leeds Road and rest of Harrogate. Hill Top Lane dangerous is already over capacity and in disrepair. Cardale Park has already put a strain on the roads and police already find it difficult on emergency call outs. Would encourage further rat running, lanes are already dangerous and would become more dangerous, especially for cyclists. Lanes are also not suitable for construction traffic. Already queues through Burn Bridge to get onto the A61 and could cause accidents. Already find it unbelievable the amount of traffic created by Cardale Park, the various distribution centres and Police Station. Development would add even more congestion. Photos have also been provided of parking on the verge along Beckwith Head Road which the objector describes as utter chaos. School and retail facility will further increase traffic and need for parking. Too many new developments in Harrogate feed onto the same roads. Otley Road cannot be improved, there are already adverse situations with the combination of the Pannal Ash Road/Otley Road and Cold Bath Road/Otley Road junctions. Turn onto Otley road is very dangerous and Harlow Carr has got busier the last few years. The junction that would discharge traffic onto Otley Road from this proposed development already works at or beyond capacity at peak periods. And there are no measures that can be taken to significantly improve this. Traffic analysis should be up-to-date.
Policy/Principle The site is outside the development of the town. The Inspector for Crag Lane stated that Crag Lane and Beckwith Head defined the boundary of the town, development would merge Harrogate with Beckwithshaw. Approach to Pine Woods and Harlow Carr would be affected. Development is isolated. Why propose to build out in the north and west of Harrogate when the entire town's infrastructure lies in the East and South? The West side of Harrogate can't take anymore development. The infrastructure of the area of Otley Rd will not support more inhabitants. Small village near Flaxby should be considered. West of Harrogate and East Knaresborough are not the only locations for urban extensions, as confirmed by the Inspector into the Core Strategy. In Inspector stated that smaller scale land releases in sustainable locations elsewhere should also be used. It is farmland and local businesses in the area need this land with farmland close by compromised this development. The lowest environmental value land should be used. This planning application represents yet another cynical attempt to circumvent the democratic process and is premature.
Sustainability The proposal is not sustainable development. A more sustainable area next to public transport should be found. Remote from Harrogate, no safe cycle links, no bus link, no rail link and non-existent services. This area doesn't have the required infrastructure. Otley Road is manifestly too narrow to provide a cycle route. The site is not near a recognised cycle route. The bus service is very limited to the area and ceases after 6pm. Transport Assessment states residents will use Harrogate Train Station, Pannal is closer. You have to drive through town to get to the Supermarkets. There is no medical practice on this side of the A61 and existing practices are at full capacity. While there is provision in the plan for a primary school, secondary schools on this side of the town are already overloaded. This development cannot sustain a primary school or a shop. Local and National planning policy requires that sites should not be developed where alternatives to car travel cannot be provided. The distance of this site from the essential facilities of the town centre is unsustainable. The site will be separated from the rest of Harlow Hill. Beckwithshaw residents would suffer an annexation by Harrogate. Police cars have to go through at least one red light. Fire Station is at other end of town. We cannot see the prospect of a loop being inserted to this site without a radical restructuring of the bus routes. The existing bus route to Cardale Park is not regarded as fit for purpose. North Yorkshire County Council has stated already that they will be unable to fund any Park and Ride scheme within reasonable timescales. The remoteness of this site will encourage greater than average car ownership.
Drainage Water run-off will become a more significant problem. There is already a problem with sewerage at the corner of Otley Road and Crag Lane. Site is already waterlogged. Dip in road already floods.
Landscape This beautiful area of countryside will be destroyed and turn a beautiful unspoilt area into a sprawling eyesore. Character of Beckwithshaw village will be adversely affected and extend the development limits to this extent. Development would have an adverse impact on the countryside character and landscape setting of the town. The site is a landscape protection area. It contravenes existing Council policy and the National Planning Policy Framework (NPPF) of not building on Special Landscape Area and productive farmland. The farmland close by to the proposed development would be compromised. This development would also erode even further the buffer of country-side between the west of Harrogate and the village of Beckwithshaw. Policy EQ2 requires that the landscape character of the district is protected and where appropriate enhanced, and that the setting of Harrogate is protected. The proposed development would clearly conflict with this.
Ecology Deer in the area will be forced away. Green lung between Harrogate and Beckwithshaw will disappear. Areas of this land are managed extensively (low inputs of fertilizers, pesticides) and so has a wide range of indigenous species including Orchids and Curlews. There are also natural springs that occur in this area.
Other comments Visitors could end up giving up and go home if Harrogate becomes one big car park. Housing would need to be in high bracket so no relief for young people needing a home. The majority of housing being built in Harrogate at the moment is not affordable or starter homes but expensive and exclusive. We need more social housing and starter homes in appropriate places. The construction phase the noise and air pollution would make our lives a misery. Our deeds restrict us having another home on our acre of land and the owners of the stud farm were refused permission for a permanent family home on their land, yet now the council is even considering allowing the building of 450 plus homes. Differing rules for the local people and the big developers. This present planning application reverts to essentially the same plan that has opposed for the last five years and in the previous identical planning application. This plan enjoys absolutely no local support. The inclusion of site H 32(3) was supported by only 10 of the 31 Council Members of the DDC. It is also likely Beckwithshaw would lose its popular village primary school if a new school were to be built on the proposed development. Response times from the Police Station will be worsened so increasing a fear of crime. Traffic congestion in Harrogate is now a serious issue inhibiting business growth and hence the growth in prosperity of the town. All developments on the West of Harrogate will have a serious effect on traffic congestion not only in the West of Harrogate but, because travel into town and beyond is required for everyday necessities, to the whole of the town and further exacerbate the congestion problem that is seriously inhibiting business growth. As 40% of the homes would be ‘affordable housing’ how would the inhabitants afford to travel so far? They would be isolated unless they owned cars and added to the traffic congestion in Otley Rd.
In addition a letter of support has been received. They state that; We do recognise the clear need for more housing in the area so we are supportive of the current proposal. The reason we like the current proposal is that it achieves a significant increase in housing provision without spoiling the rural setting of the Otley Road approach to Harrogate. This proposal protects the setting of Harlow Carr through the retention of substantial open space along Otley Road, including the cricket pitch, and protection of trees and shrubs along Otley Road. These open spaces should be secured in perpetuity as well as protected trees and shrubs that provide screening.
VOLUNTARY NEIGHBOUR NOTIFICATION The applicant submitted a Statement of Community Involvement (SCI) with the previous application. This describes the pre-application discussion which took 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 - The Council, on 17 October 2012, resolved that part of the site the subject of this application, that is 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 approximately 26.9 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, and as such this document can no longer be given weight when considering this application, some weight can be given to the draft allocations included within it as they are part of the history of what the Council regarded as appropriate and sustainable development at that point in time.
The National Planning Policy Framework (NPPF) requires local planning authorities to identify and update annually a supply of specific deliverable sites sufficient to provide five years' worth of housing against their housing requirements. In March 2015 the Council published its new Strategic Housing Market Assessment (SHMA) that provides an up to date assessment of housing need. This indicates an annual requirement of 621 dwellings over the period 2014-2035. The Council published an updated housing supply position on 1st April 2015 to reflect the SHMA requirement. This concluded that there was a 5.04yr supply of housing land including a 20% buffer.
The NPPF requires that housing applications are considered in the context of the presumption in favour of sustainable development and goes on to note at para 49 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'. As the Council can demonstrate a 5 year supply of sites, the automatic application of para 14 of the NPPF, that 'permission should be granted unless to do so would result in significant and demonstrable adverse effects', does not apply.
However, although the Council can demonstrate a five year land supply of housing sites, the supply position is marginal and it is important that it is maintained. Further housing permissions, such as this one which was previously put forward as a preferred option in the now withdrawn Sites and Policies Development Plan Document, are needed in order to maintain the Council's 5 year land supply of deliverable sites.
As mentioned above the application site does not cover the whole extent of the previous draft allocation site H32(3), as it excludes the field to the east of the existing cricket pitch on Otley Road and Bluecoat Nurseries. The landowner of the field 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. The applicant has stated that due to the open space requirements and need to design the scheme with appropriate low densities the draft allocation site is more likely to accommodate 600 dwellings in total if fully developed rather than the 680 figure stated in the withdrawn Sites and Policies DPD.
In respect of Housing mix the applicant has proposed an illustrative mix as follows, one/two bed 221 (49%), three bed 147 (33%), four bed 68 (15%) and five bed 14 (3%). In respect of the number of smaller dwellings proposed the applicant has indicated that they took into account the requirements of Policy SG7 of the now withdrawn Sites and Policies DPD which sought at least 30% of all new market dwellings to be for single people or couples.
The Strategic Housing Market Assessment for the District states that an appropriate mix of affordable and market homes would be, 20% 1 bed, 40% 2 bed, 35% 3 bed and 5% 4+bed. A detailed housing mix will be agreed, taking into account the Policy base at the time and the latest figures from the Strategic Housing Market Assessment, at the reserved matters stage, when details of the layout of the development are finalised.
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 points 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.
In respect of impact on the Strategic Road Network the Highways Agency have no objection in principle to the development.
In respect of the impact on the Local Highway Network, a revised Transport Assessment (TA) and Travel Plan (TP) were submitted during consideration 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 Previously the Highway Authority in conjunction with the Local Planning Authority had carried out an assessment of the cumulative impacts of the preferred site allocations for housing and employment in the Harrogate area as contained in the now withdrawn Sites and Policies DPD. This work had identified the junctions within Harrogate that required improvements to accommodate the traffic the preferred site allocations were likely to generate. This work identified the need to improve junctions along the Otley Road corridor. The impact of this proposed development on the highway network needs to be assessed in respect of its individual impact, in accordance with the National Planning Policy Framework (NPPF). The submitted Transport Assessment has also taken into account other committed development traffic. Paragraph 32 of the NPPF states that in relation to the highway impact of a development, “Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe”.
The applicant has acknowledged the impact of the development traffic along the Otley Road Corridor and has agreed to improve the method of control and operation at the Pannal Ash Road and Cold Bath Road/Arthurs Avenue junctions through the installation of an adaptive traffic control. These improvements together with the contribution towards the works at the Harlow Moor Road/Hill Rise Avenue junction will enable an Urban Traffic Control System (UTC) to be implemented along Otley Road. The UTC responds intelligently and continuously as traffic flow changes and fluctuates throughout the day. The benefit of a UTC system is such that the software within each group of signals at each junction will manage and balance the flow of traffic passing through and between each junction in order to achieve a more efficient traffic network. This will reduce queuing and hence also improve air quality.
The development will also have an impact on traffic flow through the Prince of Wales roundabout. The applicant has agreed to improve the width of three of the approaches to the roundabout so as to increase capacity.
The improvements to the B6161 Pot Bank / B6162 Otley Road roundabout promoted in the withdrawn Sites and Policies DPD required third party land to the north east of the junction. As the acquisition of this land is outside the remit of this single application and as such it is not reasonable to request the delivery of the larger improvement scheme. Consequently, the Applicant will implement some improvements to the Otley Road approach arms to improve the flow of traffic through the junction. This will be delivered within the existing highway boundary and will mitigate the impact of the development traffic at the junction.
Road Safety The Highway Authority are presently considering potential improvement schemes for the junction of Burn Bridge Lane with the A61. Since 2011 there have been 8 slight and 1 serious collisions at the junction. The majority of these accidents were attributed to indicators not cancelling after vehicles emerge from the Buttersyke Bar roundabout. A vehicle waiting at the junction assumes the approaching vehicle will turn left and pulls out into its path. The Applicant has agreed a contribution of £30,000 towards an improvement scheme or £40,000 should the proposed traffic calming in Burn Bridge village not receive public support. The Applicant has also considered the impact of the development on Beckwithshaw village. Due to the likely increase in vehicular trips through the village it is proposed to provide a controlled crossing to facilitate pedestrian movements across Otley Road in the village.
Objectors 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. The Police asked during consideration of the previous application that consideration be 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, that is if the junction is not signalised as part of the development at Crag Lane.
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 Highway Authority considers that there are no barriers to the approval of the proposed development. As such and in accordance with the requirements of Para 32 of the NPPF, improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the Development. Para 32 continues to state that development should only be prevented or refused on transport grounds where the residual impacts of development are severe. Based on the expert advice from the Local Highway Authority the residual impacts are not considered to be severe. Therefore the development cannot be resisted on Highway grounds.
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 travel the applicant is proposing to divert the existing bus service into the site and provide new residents with a free bus voucher offering one months unlimited bus travel to encourage bus patronage habits.
To promote cycling 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. They are also proposing to divert the existing Harrogate Ringway cycle route through the application site avoiding Otley Road and Beckwith Head Road.
The development will also 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 approximately 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 properties around the site are two storey and 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 Otley 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 a Special Landscape Area as such saved Policy C9 of the Harrogate District Local Plan is relevant. 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 Harlow Hill 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 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 therefore that the development of the site has the potential to form an acceptable settlement edge and the Landscape Parameter Plans and Illustrative Site Layout Plan could 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.
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.
Development at southern edge must pay regard to the character of this edge of the 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. A number of trees are 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. 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 commented on the previous application 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 have 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.
An updated Ecological Assessment has been submitted with the application. The updated ecological assessment was undertaken to ascertain the potential for protected habitats and species to be present within the site and to determine whether there had been any change since previous surveys carried out in 2010. This updated assessment concluded that the site has changed little since previous surveys in 2010 and 2011 and as a result there is unlikely to have been a change in the status of protected species since these surveys.
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 will be required and 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.
In respect of affordable housing mix the Council would at the moment, of the 40% required (180 dwellings, subject to viability), look to achieve the following split, 27 one bed, 117 two bed and 36 three bed.
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 367 but the forecast pupils on roll in 2019/2020 is 518 a deficit of 151. The estimated number of pupils from the development is 112.5 leaving a shortfall of places of 264. 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 £1,529,550.00 for the provision of new school places.
With regard to Secondary School provision the figures provided by the Education Authority indicate a net capacity of 7526 but the forecast pupils on roll in 2019/2020 is 7963 a deficit of 437. The estimated number of pupils from the development is 58.5 leaving a shortfall of places of 496. The Education Authority is therefore asking for a contribution of £1,187,140.50 for the provision of new secondary school places in Harrogate.
Previous consultations with the Education Authority 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, the Education Authority now only requires a one form entry primary school of 210 places on the site to meet the requirements of the development. The minimum site area required to deliver the school would be 1.09 hectares.
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 to the western edge of the site and the provision of football pitches in two locations in the site. 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. The relocated cricket pitch will be 1.45ha in size with the outdoor sports facilities being 1.57ha.
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 saved 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 a 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 sports pitches have been spread throughout the site. The Council's Head of Parks and Recreation has previously 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 was 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, including siting of open space throughout the site, is a reserved matter. 11 CRIME - The Police Architectural Liaison Officer has commented on the application and provided analysis of crime in a local similar sized area of residential development. The Design and Access Statement has a specific section on Designing out Crime. Detailed advice has been offered to assist the applicant when drawing detailed plans of the layout of the Development. As the layout of the development is a reserved matter then consideration can be given to designing out crime at the later 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.
It is concluded that subject to conditions the proposal will not have an adverse impact on reduction in dry weather flows in Harlow Beck to the detriment of 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 - The Code for Sustainable Homes has been abolished by the Government. Core Strategy Policy EQ1 however does require new development to minimise energy and water consumption and these are two areas which can still be considered in terms of any planning approval. It is therefore recommended that an appropriate condition is attached to any permission that may granted.
14 LAND CONTAMINATION, AIR QUALITY AND NOISE - The applicant has resubmitted the 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 - Issues to be included within 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. - Provision of a local centre and thereafter its protection for a reasonable period. - Football pitches to be provided in accordance with Sport England's Natural Turf Standards and The FA's recommended pitch layouts. - Proposed changing rooms to be built in accordance with FA standards. - The provision of a bus service into the site. - Provision of a Travel Plan and monitoring fee. - Commuted Sum for the maintenance of the Traffic Signals at the Otley Road site access. - Commuted sum towards the installation of traffic signals at the Otley Road/Crag Lane/Beckwith Head Road junction and the land to be made available to implement the scheme. - Contribution towards improvements to the operation/method of control of the Otley Road/Harlow Moor Road/Hill Rise Avenue traffic signals. - Contribution towards junction improvements at the Burn Bridge Lane/A61 Junction. - Contribution towards improvements works at the York Place roundabout to accommodate increased traffic flows. - Education contribution and provision of land for a school. - Open space contributions and provision.
CONCLUSION
While the Council can demonstrate that it has a 5 year housing land supply, this position is marginal. Sites such as this, which was identified as a draft allocation and a sustainable site for future residential development in the now withdrawn Sites and Policies DPD, are required to maintain a 5 year supply of housing in the District. In addition it is considered that any potential impacts on the landscape, the highway network, 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 Highway Authority and along with a package of off-site highway improvements will ensure that the site does not have an adverse impact on the highway network and is both sustainable and accessible. Overall, it is considered that the benefits arising from the development outweigh any adverse impacts. It is therefore recommended that approval of the application be granted, subject to the conditions attached to the recommendation and the completion of the Section 106 Agreement.
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 amendments to these conditions and 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 to appropriate standards, associated facilities and relocation of the cricket pitch. - Securing the provision of a bus service into the site. - Education contribution and provision of land for a school. - Provision of a Travel Plan and monitoring fee. - Commuted Sum for the maintenance of the Traffic Signals at the Otley Road site access. - Commuted sum towards the installation of traffic signals at the Otley Road/Crag Lane/Beckwith Head Road junction and the land to be made available to implement the scheme. - Contribution towards improvements to the operation/method of control of the Otley Road/Harlow Moor Road/Hill Rise Avenue traffic signals. - Contribution towards junction improvements at the Burn Bridge Lane/A61 Junction. - Contribution towards improvements works at the York Place roundabout to accommodate increased traffic flows.
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 or included within the first 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. (f) surface water drainage details.
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 (es) to the site have 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 (es) until the completion of all the permanent works shall be repaired immediately.
Before the development of each phase is first brought into use the highway verge/footway shall be fully reinstated, unless otherwise agreed in writing by the Local Planning Authority, 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 within a phase shall be brought into use until the existing accesses on to this phase of the development have been permanently closed off and the highway restored with the exception of the access to Horticap Nurseries from Otley Road which is to be retained. 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 through each access listed below (except for the purposes of constructing the initial site access) until splays are provided for that access, 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 each phase of 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 Prior to the school being brought into use a School Travel Plan shall be 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) targets relating to a reduction in the number of vehicle trips and mileage associated with the development (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 HD19/15 - 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. Improvements to the B6161 Pot Bank/B6162 Otley Road junction. e. Provision of Controlled Pedestrian Crossing in Beckwithshaw village (including associated footway and lighting works). f. Improvements to the method of control and operation of the traffic signals through an adaptive traffic control at the Pannal Ash Road / Otley Road, Cold Bath Road / Arthurs Avenue / Otley Road junctions. g. Cycleway/Footway on Otley Road. h. Widening of Hill Foot Lane. i. 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. Improvements to the B6161 Pot Bank/B6162 Otley Road junction. e. Provision of Controlled Pedestrian Crossing in Beckwithshaw village (including associated footway and lighting works). f. Improvements to the method of control and operation of the traffic signals through an adaptive traffic control at the Pannal Ash Road / Otley Road, Cold Bath Road / Arthurs Avenue / Otley Road junctions. g. Cycleway/Footway on Otley Road. h. Widening of Hill Foot Lane. i. A traffic calming scheme, and programme for public consultation of measures on the public highway at Burn Bridge.
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 (ix) the implementation of best practice measures with respect to contruction noise as specified at Chapter 15 of the Environmental Statement.
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 written documentary evidence has been submitted to, and approved in writing by, the local planning authority proving the dwellings within that phase will: a) Achieve a minimum of a 19% improvement in the dwelling emission rate over the target emission rate, as defined in The Building Regulations for England Approved Document L1A: Conservation of Fuel and Power in New Dwellings (2013 edition). Such evidence shall be in the form of a Design Stage Standard Assessment Procedure (SAP) Assessment, produced by an accredited energy assessor; and b) Achieve a maximum water use of 110 litres per person per day as defined in paragraph 36(2)(b) of the Building Regulations 2010 (as amended). Such evidence shall be in the form of a design stage water efficiency calculator.
19 A dwelling shall not be occupied until written documentary evidence has been submitted proving that this dwelling has met the requirements of Condition 18 of this consent .
20 No commercial development, including the proposed retail development, shall take place in a phase until the applicant has provided for the approval in writing of the Local planning Authority a Design Stage Certificate for commercial 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, 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 which shall consist of not less than 40% of housing units (subject to viability); 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 each 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, including allotments, 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 management and 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.
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 for each phase 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 in each phase to take place before completion of the approved 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 for each phase, have been submitted to and approved by the local planning authority.
34 Unless otherwise approved in writing by the local planning authority, no buildings in each phase 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 of off-site by a licensed contractor.
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 unit(s) 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 Prior to commencement of construction of the sports facilities as detailed in the phasing plan approved under Condition 3 of this consent, details 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.
43 Prior to commencement of development the details of a programme of trial trenching, as recommended by the submitted Desk Based Assessment and the geophysical survey report shall be submitted for approval of the Local Planning Authority and no works shall commence on site until this trenching has been undertaken for each phase and the subsequent results of this programme and any identified mitigation works have been presented to and approved in writing by the Local Planning Authority.
44 Prior to the commencement of any phase of development on site, a detailed, costed and funded Management Plan for the proposed Bluecoat Meadows Site of Importance for Nature Conservation (SINC) within the site, shall be submitted to and approved in writing by the Local Planning Authority. The proposed SINC shall thereafter be managed in strict 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 adequate facilities are provided for the required sports facilities on the site. 43 In the interests of the protection and recording of any potential archaeological remains on the site. 44 In the interests of the protection of the natural environment.
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 24 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. 11 The following details will be required as part of a Reserved Matters application for construction of the school: (i) vehicular, cycle, and pedestrian accesses to the school (ii) vehicular and cycle parking for the school for staff pupils and visitors (iii) vehicular turning arrangements for the school (iv) manoeuvring arrangements for vehicles in the vicinity of the school (v) loading and unloading arrangements including parents' drop off pick up areas. 12 The following details will be required as part of a Reserved Matters application for construction of the local centre: (i) vehicular, cycle, and pedestrian accesses (ii) vehicular and cycle parking (iii) vehicular turning arrangements (iv) manoeuvring arrangements (v) loading and unloading arrangements