Ryedale District Council Planning Committee

RYEDALE DISTRICT COUNCIL PLANNING COMMITTEE

SCHEDULE OF ITEMS TO BE DETERMINED BY THE COMMITTEE

PLANS WILL BE AVAILABLE FOR INSPECTION 30 MINUTES BEFORE THE MEETING

Item Number: 1 Application No: 08/00824/MFUL Parish: Buttercrambe With Bossall Parish Council Appn. Type: Full application Major Applicant: Mr Christian Van Outersterp Proposal: Change of use of area of commercial woodland for siting of 30 no. units of tent accommodation and 4 no. additional tents providing ancillary facilities with associated parking and alterations to vehicular access Location: Buttercrambe Wood Buttercrambe York North Yorkshire

Registration Date: 20 August 2008 8/13 Week Expiry Date: 19 November 2008 Overall Expiry Date: 24 September 2008 Case Officer: Alan Hunter Ext: 332

CONSULTATIONS:

Parish Council Conditional no objection Highways North Yorkshire Concerned re access - further views awaited Environmental Health Officer Concerns Housing Services Manager No views received to date Natural England Withdrawn Objections Countryside Management Officer Recommends Conditions Tree & Landscape Officer Recommend conditions

Neighbour letters received to date: None

SITE:

The application site is located 1.6km to the south of Sand Hutton and 2km to the western side of Buttercrambe. It lies within the Parish of Buttercrambe and Bossall. The application site comprises mainly a mature commercial woodland with an access leading from the C177 road. The area of the application site is approximately 5 hectares.

PROPOSAL:

Planning permission is sought for the change of use of part of the commercial woodland for the siting of 30no. units of tent accommodation and 4no. additional tents providing ancillary facilities with associated parking and alterations to vehicular access.

The largest proposed tents will approximately measure approximately 19m by 7m. and they are to be made from a canvass material. The pictures of the tents submitted show the tents are to be in a dark green/brown colour with the tents accommodating the ancillary facilities in a white colour. These photographs are appended to the report for members to consider. It is proposed that the tents will be irregularly interspersed within the woodland. There will also be areas designated for car parking and a central reception point. ______

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Each tent is proposed to have their own services with service trenches located between the trees in the woodland areas.

The access to the site is proposed onto the C177 leading between Buttercrambe and the A166. The access at present is a field access leading from the woodland, which it is proposed to upgrade and provide passing places.

HISTORY:

There is no relevant planning history relating to this site.

POLICY:

National Policy Guidance

PPS1 - Delivery Sustainable Development 2005 PPS7 - Sustainable Development in Rural Areas PPS9 - Biodiversity and Geological Conservation PPG13 - 'Transport' 1994

Good Practice Guide for Tourism

Regional Spatial Strategy

Policy ENV5 - Energy Policy E6 - Sustainable Tourism Policy E7 - Rural Economy Policy ENV8 - Biodiversity Policy ENV10 - Landscape

Ryedale Local Plan

Policy ENV7 - Landscaping Policy T3 - Access to the local highway network Policy T7 - Parking Policy TM3 - Chalet, cabin and static caravan development Policy TM4 - Touring caravan and camping sites Policy U2 - Availability of water supplies Policy U3 - Surface water run-off Policy U4 - Sewage disposal

APPRAISAL:

The main considerations in relation to this application are:-

• the principle of the proposed development;

• whether the site has the benefit of existing screening and the impact upon the surrounding landscape;

• the scale and siting of the proposals in relation to the surrounding area;

• impact upon trees;

• highway safety; ______

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18 November 2008

• drainage;

• impact upon ecology; and

• amenity issues.

The Good Practice Guide on Tourism encourages quality tourism related development in principle, and recognises the important economic benefits that tourism can bring to rural areas. The Regional Spatial Strategy also generally supports sustainable tourism development. The Ryedale Local Plan is also generally consistent with those policies and guidance. Whilst Policy TM4 specifically refers to camping sites, the nature of this proposal is arguably also relevant to Policy TM3 as the tents are to remain in-situ throughout the season. Both these policies set out the criteria that should be satisfied in order for a development to be considered favourably. The most notable part of both these policies is the requirement that the proposal should be well screened by existing landscaping or landform. Given this proposal for 30 tents and 4 additional ancillary tents all being located within an existing woodland, the impact upon the character and appearance of the area is not considered to be an issue in this case. There will be no views of the tents from public areas outside the woodland.

Approximately 100 trees will need to be removed in order to accommodate the proposed tents. The trees will be within the woodland and are considered to have no actual impact upon the appearance of the area or the level of screening available for the proposed development. The Tree & Landscape Officer has been consulted and has no objection to the proposal subject to conditions. These include a 20-year management plan for the woodland, and precise details of the services to each tent in order to protect the root system of existing trees. In addition, details of the surfacing adjacent to the mature oak tree at the entrance to the site are required.

The site is approximately 2km from Stamford Bridge, and it is relatively isolated. In this respect access to local services outside the site are likely to require the use of a car. The public highways linking the site to the neighbouring settlements of Buttercrambe, Sand Hutton, and Stamford Bridge are all unlit 60mph roads with no pedestrian facilities. However, the Local Planning Authority has also approved similar tourism sites nearby which have similar isolated locations to this site, these being at Sheriff Hutton and Claxton. The Good Practice Guide for Tourism advises that access to local services using modes of transport other than the car should be available, although it recognises that this is not possible in all cases. Para. 5.4 states:

“There will be some occasions where development for tourism is sought at a location where it will be difficult to meet the objective of access by sustainable modes of transport….. Developers and planners may find that in such cases there will be limited opportunities to make the development accessible by sustainable modes of transport or to reduce the umber or proportion of visits made by car”

The Highway Authority has raised concern on this issue. The agent has responded by email (see correspondence appended). The agent has stated that the woodland itself will provide an important amenity area for visitors. In addition it is understood that bicycles are to be offered to visitors. Both the Good Practice Guide on Tourism and Policy TM3 of the Ryedale Local Plan advise that access to local visitor attractions should be available. The site itself is located on the edge of York, which appears to be popular with other tourism uses. It is also pertinent to indicate that in order to achieve the level of landscape and landform screening as required by the Ryedale Local Plan most tourism related development will be located in isolated rural areas, such as this site. In view of the advice in the Good Practice Guide for Tourism which states that not all sites will have good access to public transport it would appear to be difficult to refuse this application in terms of its lack of pedestrian and public transport facilities. The final views and recommendation from the highway authority is awaited. Although it is verbally understand that the Highway Authority will not be recommending refusal to the proposed development on these issues. Members will be updated at the meeting.

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The Highway Authority has also raised concern regarding the impact of the proposed new access in relation to a mature oak tree adjacent to the access point. The agent has had an arboricultural report undertaken which considers that there will be no adverse impact upon this tree, subject to construction details. The Highway Authority is currently considering this report, and assessing the impact upon the tree.The preference for all parties is to retain the tree in-situ if possible.. Members will be updated at the meeting.

As the floor area of the tents will be above 1000 square metres there is a requirement from Policy ENV5 of the RSS for 10% of the energy to be provided from de-centralised, renewable, or low carbon sources. A standard condition is recommended accordingly.

It is considered that 30no. tents does not appear excessive in number for a tourism site in Ryedale. Neither does it seem excessive for this site. It is also however, noted that the holiday offer from this proposal is somewhat unique, being purely tent accommodation with a woodland area.

Given the isolated location of the site and that there are no near residential properties. This proposal is not considered to have a material adverse effect upon the amenity of adjoining properties.

The proposal is to drain foul water through on-site treatment plants and then discharge to soakaways. Percolation tests have been undertaken and considered acceptable by Building Control.

An ecology survey has been undertaken on the site and a report submitted with the application. The Council’s Countryside Management Officer has been consulted and recommends conditions. Natural England also has no objection to the proposed development.

The Council’s Environmental Health and Housing Departments have been consulted. Initial concerns have been raised regarding the proposed development’s compliance with site licensing requirements. The Environmental Health Officer also has concerns regarding drainage, layout, water supply, safety and storage of LPG, safety of heating/cooking appliances (regarding gas products of combustion leakage), risk of fire and hot services. The Environmental Health Officer indicated that these concerns are to be fed through the site licensing procedure. The agent has supplied further information on some of these matters and Environment Health Officer and Housing Officer have been re-consulted. It is understand that an informative will be recommended to advise the applicant’s of the need to satisfy Health and safety legislation on the above matters, and also the requirements for site licensing. This is because these issues are covered by separate legislation and fall outside the remit of planning control.

The agent has confirmed that the tourism use will ensure the block of woodland remains and that it will not be harvested for commercial felling. A condition is recommended to this effect.

The Parish Council has stated that they have no objection to the proposed development and consider it a good way of educating visitors about the environment. They also hope employees will be from the local area. In addition they consider that a warning sign should be placed at the entrance to site to warn motorists of the traffic using the adjacent highway. In addition they are concerned regarding fire risk. The latter issue is not a material planning consideration and has been explained in the appraisal above. Fire Risk is also to be considered through the site licensing procedure operated by the Council’s Housing Department. The issue of highway safety is being considered by the Highway Authority, see appraisal above.

No other responses have been received locally.

In view of the broad compliance with policy the recommendation on this application is one of approval.

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Regional Spatial Strategy - Policy E6 - Sustainable Tourism Regional Spatial Strategy - Policy E7 - Rural Economy Regional Spatial Strategy - Policy ENV8 - Biodiversity Regional Spatial Strategy - Policy ENV10 - Landscape Ryedale Local Plan - Policy ENV7 - Landscaping Ryedale Local Plan - Policy T3 - Access to the local highway network Ryedale Local Plan - Policy T7 - Parking Ryedale Local Plan - Policy TM3 - Chalet, cabin and static caravan development Ryedale Local Plan - Policy TM4 - Touring caravan and camping sites Ryedale Local Plan - Policy U2 - Availability of water supplies Ryedale Local Plan - Policy U3 - Surface water run-off Ryedale Local Plan - Policy U4 - Sewage disposal National Policy Guidance - PPS7 - 'Sustainable Development in Rural Areas' 2004 National Policy Guidance - PPS9 - 'Biodiversity and Geological Conservation' 2005 National Policy Guidance - PPG13 - 'Transport' 1994

RECOMMENDATION: Approval

1 The development hereby permitted shall be begun on or before .

Reason:- To ensure compliance with Section 51 of the Planning and Compulsory Purchase Act 2004

2 Prior to the commencement of the development hereby approved, precise details of any external lighting shall be submitted to and approved in writing by the Local Planning Authority.

Reason:- To protect the character and appearance of the open countryside and to satisfy PPS7 - 'Sustainable Development in Rural Areas' 2004.

3 Prior to the commencement of the development hereby approved, precise details for protecting and enhancing biodiversity on the application site shall be submitted to and approved in writing by the Local Planning Authority.

(N.B. Please refer to the Countryside Management Officer's consultation response dated 24 September 2008 and the Biodiversity Report dated July 2008 when addressing this condition).

Reason:- To protect and enhance biodiversity on the site and to satisfy PPS9 - Biodiversity and Geological Conservation.

4 Unless otherwise agreed in writing with the Local Planning Authority, there shall be no commercial felling of the woodland within the application site during the operation of the tourism use hereby approved.

Reason:- In order to protect the character and appearance of the woodland area, and provide a satisfactory level of amenity for visitors to the tourism site, and to satisfy Policies TM3 and TM4 of the Ryedale Local Plan and the Good Practice Guide on Tourism.

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5 Notwithstanding the submitted details and prior to the commencement of the development, a method statement describing the details of, and the timing of operations in connection with the construction of the access adjacent to the mature oak tree that stands immediately to the east of the access point to the site shall be submitted to the Local Planning Authority for approval in writing.

Reason:- To ensure that the health and stability of the mature oak tree that stands on the eastern side of the access and is considered to be an integral element of the prevailing landscape, is not compromised by the formation of the hardsurfacing at the access point, and to satisfy Policy ENV7 of the Ryedale Local Plan.

6 Prior to the commencement of the development, details of the alignment of any services to individual pitches to be inserted undergrounds, shall be submitted to and approved in writing by the Local Planning Authority.

Reason:- To ensure that the roots of retained trees around individual pitches are not unduly damaged during service installation, and to satisfy Policy ENV7 of the Ryedale Local Plan.

7 Prior to the commencement of the development, a 20-year management plan for the whole of the woodland shall be submitted to the Local Planning Authority for approval in writing.

Reason:- To ensure the long-term integrity of the woodland and its long-term management appropriate to this approved use, and to satisfy Policies ENV7, TM3 and TM4 of the Ryedale Local Plan.

8 Any highway conditions recommended.

9 Unless otherwise agreed in writing with the Local Planning Authority and prior to the commencement of the development hereby approved, precise details of sustainable transport methods routes on and off-site related to the development shall be submitted to and approved in writing by the Local Planning Authority (there details should include routes where appropriate).

(N.B. The details submitted pursuant to this condition could include whether cycles are to be available to users, pedestrian walk routes around the woodland area etc).

Reason:- In order to promote sustainable transport methods and to satisfy the requirements of the Good Practice Guide for Tourism.

10 Notwithstanding the submitted details, and unless otherwise agreed in writing with the Local Planning Authority, at least 10% of the energy consumption of the development shall be derived from decentralised and renewable or low carbon sources, details of which shall be submitted to and approved in writing by the Local Planning Authority, prior to the commencement on site.

Reason:- In the interests of energy efficiency, and to satisfy the requirements of Policy ENV5 of the Regional Spatial Strategy.

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11 The owners/operators shall maintain on up-to-date register of the names of all the owners/occupiers of individual tents on the site, and of their main home addresses, and shall make this information available at all reasonable times to the Local Planning Authority. No unit of holiday accommodation hereby approval shall be used as the main residence of any person(s) at any time.

Reason:- In order to ensure that the holiday accommodation is not used for unauthorised permanent occupation, and to comply with Policy TM3 and Policy TM4 of the Ryedale Local Plan.

INFORMATIVES:

1 You should satisfy yourself, prior to commencement of any work related to this project, that no part of the works hereby approved (including foundations and/or guttering) extended onto or over adjoining land unless you have first secured the agreement of the appropriate landowner(s).

2 All wild birds are protected under the Wildlife and Countryside Act 1981 (as amended). Additional protection is afforded to a number of birds listed on Schedule 1 of the Act. Operations like to injure or kill any wild birds or damage its nest and operations likely to disturb a Schedule 1 species must be avoided. Therefore any work likely to affect any birds nesting on the site should be undertaken out of the bird nesting season, i.e. no work between March and August inclusive. In addition, the applicant may like to erect bird and owl boxes as part of the development, as the area looks suitable for a number of birds found in the Ryedale area.

Background Papers:

Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 PPS7 - Sustainable Development in Rural Areas PPS9 - Biodiversity and Geological Conservation PPG13 - 'Transport' 1994 Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008 Item Number: 2 Application No: 08/00638/MFUL Parish: Norton Town Council Appn. Type: Full application Major Applicant: Halegrove Malton Ltd Proposal: Erection of 16 no. industrial units (Use Class B1 & B2) and 21 no. office units together with associated parking and formation of vehicular access together with controlled on-site surface water drainage system into Priorpot Beck Location: Land In OS Field 4480 Westfield Way Norton Malton North Yorkshire

Registration Date: 1 July 2008 8/13 Week Expiry Date: 30 September 2008 Overall Expiry Date: 19 November 2008 Case Officer: Alan Hunter Ext: 332

CONSULTATIONS:

Thornton Internal Drainage Board Further views awaited Property Management Views awaited Countryside Management Officer Views awaited Environment Agency Recommend Conditions- views awaited Forward Planning & Conservation No views received Highways North Yorkshire Recommend conditions Parish Council No objection- further views awaited Tree & Landscape Officer Object further views awaited Parish Council Recommend approval- further views awaited Environmental Health Officer Concerned Natural England Recommend conditions Yorkshire Water Services Recommend conditions Building Control No views received to date Archaeology Section Recommend conditions

Neighbour letters received to date: Mr John Farquhar, R T Lingwood, Dr W C Grant,

SITE:

The application site is located on the eastern side of Westfield Way, Norton. The site covers an area of approximately 1.3 hectares, with a maximum depth of 71m and a maximum width of 235m. The site is an allocated industrial/business site within the Ryedale Local Plan . To the south of the site, planning permission has recently been granted for new industrial/business development, this site was also an allocated business/industrial site. This application site has a road frontage to Westfield Way also measuring approximately 235m. To the east of the site is an established woodland containing a pond. There is agricultural grazing land to the east and north of the site. Established field hedges comprises the western and southern boundaries, with extensive landscaping in the northern corner of the site.

Priorpot Beck is located on the northern side of the application site, with field drainage ditches on the southern and eastern boundaries. The land is currently in arable use.

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PROPOSAL:

Planning permission is sought to erect 16no. industrial units and 21no. office units, along with a new access onto Westfield Way and internal road network together with a system for the controlled discharge of surface water into Priorpot Beck.

The proposed new access will be approximately 100m from the southern boundary. The access will then lead into the proposed development with the 21no. office units to the northern side and 16no. industrial units to the southern side. The industrial units will be in three blocks of buildings, with two internal roads between. The units will each measure approximately 12m by 13m and be 7m to the highest part of the asymmetrical roof.

The proposed road into these industrial units will be to the rear (eastern) part of the application site against the existing woodland. The two access roads into the industrial units will have four units at either side.

The office development will comprise a central access road running south to north with office units on both sides. Each unit will approximately measure 8m by 13m and be 7m to the highest part of the asymmetrical roof height. Car parking is proposed to be located throughout the site, with a main car park for the office development on the northern side.

It is proposed to construct the units from brickwork, profiled sheeting and stack bonded terracotta blockwork under a profiled metal roof covering with polyester powder coated windows and doors.

It is proposed that on site surface water drainage will be attenuated on site using underground storage and discharged at a controlled rate of 5 litres per second into Priorpot Beck.

Extensive survey work has been undertaken for this application. These surveys include:-

• An archaeological evaluation of the site;

• A contaminated land survey;

• A transport assessment;

• An ecological survey and report;

• An arboricultural survey and report;

• A flood risk assessment; and

• A drainage report and strategy for draining surface water.

Copies of these documents are available online, alternatively, Members can inspect these reports on the officer’s working file.

HISTORY:

Relevant planning history includes:-

1987: Outline planning application refused for the erection of a garage for the use of a transport depot - dismissed on appeal

1994: Planning permission granted for the erection of a new road to Norton Grove Industrial Estate

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National Policy Guidance

PPS1 - Delivery Sustainable Development 2005 PPG4 - 'Industrial and Commercial Development and Small Firms' 1992 PPS9 - Biodiversity and Geological Conservation PPG13 - 'Transport' 1994 PPG16 - 'Archaeology and Planning' 1990 PPS22 - Renewable Energy PPG24 - 'Planning and Noise' 1994 PPS25 - 'Development and Flood Risk' 2006

Draft PPS4

Regional Spatial Strategy

Policy E3 - Land and Premises for Economic Development Policy E5 - Safeguarding Employment Land Policy E7 - Rural Economy Policy ENV1 - Development & Flood Risk Policy ENV5 - Energy Policy ENV8 - Biodiversity Policy T2 - Parking Policy

Ryedale Local Plan

Policy ENV7 - Landscaping Policy EMP2 - Industrial/business development allocation, Norton Grove Industrial Estate Policy EMP13 - Industrial buildings Policy T3 - Access to the local highway network Policy T4 - Accesses onto 'A' roads Policy T7 - Parking Policy T10 - Public Rights of Way and pedestrian facilities Policy U2 - Availability of water supplies Policy U3 - Surface water run-off Policy U4 - Sewage disposal

Council’s consultation draft document on Contributions to highway improvements

APPRAISAL:

The main considerations in relation to this application are:-

• the principle of the proposed development;

• the layout, density, scale and design of the proposed development;

• impact upon the amenity of the adjoining neighbours;

• potential flood risk;

• impact upon local archaeology;

• impact upon wildlife and ecology;

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PLANNING COMMITTEE

18 November 2008 • impact upon trees on and adjoining the site;

• drainage;

• Highway safety;

• landscaping details;

• contaminated land; and

• off-site contributions to highway improvements.

Negotiation regarding the development of the site is on going. There is some urgency regarding the consideration of the application and it is necessary to have more time to formulate a coherent appraisal. A full appraisal and recommendation will follow.

Ryedale Local Plan - Policy ENV7 - Landscaping Ryedale Local Plan - Policy EMP2 - Industrial/business development allocation, Norton Grove Industrial Estate Ryedale Local Plan - Policy EMP13 - Industrial buildings Ryedale Local Plan - Policy T3 - Access to the local highway network Ryedale Local Plan - Policy T4 - Accesses onto 'A' roads Ryedale Local Plan - Policy T7 - Parking Ryedale Local Plan - Policy T10 - Public rights of way and pedestrian facilities Ryedale Local Plan - Policy U2 - Availability of water supplies Ryedale Local Plan - Policy U3 - Surface water run-off Ryedale Local Plan - Policy U4 - Sewage disposal Regional Spatial Strategy - Policy E3 - Land and Premises for Economic Development Regional Spatial Strategy - Policy E5 - Safeguarding Employment Land Regional Spatial Strategy - Policy E7 - Rural Economy Regional Spatial Strategy - Policy ENV5 - Energy Regional Spatial Strategy - Policy ENV8 - Biodiversity Regional Spatial Strategy - Policy T2 - Parking Policy National Policy Guidance - PPG4 - 'Industrial and Commercial Development and Small Firms' 1992 National Policy Guidance - PPS9 - 'Biodiversity and Geological Conservation' 2005 National Policy Guidance - PPG13 - 'Transport' 1994 National Policy Guidance - PPG16 - 'Archaeology and Planning' 1990 National Policy Guidance - PPS22 - 'Renewable Energy' 1993 National Policy Guidance - PPG24 - 'Planning and Noise' 1994 National Policy Guidance - PPS25 - 'Development and Flood Risk' 2006

RECOMMENDATION: Made at the Meeting

Background Papers: Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 National Policy Guidance - PPG4 - 'Industrial and Commercial Development and Small Firms' 1992 National Policy Guidance - PPS9 - 'Biodiversity and Geological Conservation' 2005 National Policy Guidance - PPG13 - 'Transport' 1994 National Policy Guidance - PPG16 - 'Archaeology and Planning' 1990 National Policy Guidance - PPS22 - 'Renewable Energy' 1993 National Policy Guidance - PPG24 - 'Planning and Noise' 1994 National Policy Guidance - PPS25 - 'Development and Flood Risk' 2006 Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008 Item Number: 3 Application No: 08/00590/FUL Parish: Settrington Parish Council Appn. Type: Full Application Applicant: The Birdsall Estates Company Ltd Proposal: Erection of 2 no. three-bedroom semi-detached dwellings and formation of associated vehicular accesses Location: Land To Rear Of 16 Chapel Road Settrington Malton North Yorkshire

Registration Date: 17 June 2008 8/13 Week Expiry Date: 12 August 2008 Case Officer: Judith Vokes Ext: 329

CONSULTATIONS:

Parish Council Object Archaeology Section Recommend conditions Yorkshire Water Services Recommend conditions Building Control No views received to date Building Conservation Officer No objection to revised plans Tree & Landscape Officer No objection recommend conditions Highways North Yorkshire No objection subject to receipt of amended plans Countryside Management Officer No objection (verbal)

Neighbour letters received to date: Mrs P Smith,N W Smith,T & M Foster,County Councillor D Lloyd-Williams,Susan Julian,Mrs C Hanch,Mrs D Windle,The Reverend Michael Sinclair,J S Harrison,Mr A Mitchell,Richard Storey,Mr N W Smith, Overall Expiry Date: 17 October 2008

This planning application was deferred at the last Planning Committee in order to allow Members to undertake a formal site visit.

The site visit took place on 4 November 2008, and the planning application is now brought back before the Planning Committee for determination.

Members are advised that the full report and attachments for this planning application are set out on the October agenda.

Since the publication of the 'late' representations paper in respect of the October Planning Committee, a number of additional responses/matters have been raised which are set out below:-

1. Additional third party responses have been received which are appended to this report.

2. A formal response has been received by the local Highway Authority raising no objection to the amended, single vehicular access point. The local Highway Authority has also responded to the objections raised with regards the positioning of the site adjacent to Settrington School. The response is appended to this report. The agent has submitted the amended plans, which have been verbally agreed by the local Highways Authority. Their formal response along with the suggested conditions will be verbally reported to Members.

3. A further response has been made by the Building Conversation Officer in response to a Parish Council document, both of which are appended to this report.

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4. As raised at the site meeting a Local Plan map extract for Settrington is attached identifying the site in relation to the Development Limit, Conversation Area Boundary, Areas of Visually Important Undeveloped Areas (ENV5) and the area of village covered by the Historic Core Protection Policy (H12).

Having regards to all the additional matters raised, the officer recommendation remains one of conditional approval.

RECOMMENDATION: Approval

1 The development hereby permitted shall be begun on or before .

Reason:- To ensure compliance with Section 51 of the Planning and Compulsory Purchase Act 2004

2 Before the development hereby permitted is commenced, or such longer period as may be agreed in writing with the Local Planning Authority, details and samples of the materials to be used on the exterior of the building the subject of this permission shall be submitted to and approved in writing by the Local Planning Authority.

(NB Pursuant to this condition the applicant is asked to complete and return the attached proforma before the development commences so that materials can be agreed and the requirements of the condition discharged)

Reason: To ensure a satisfactory external appearance and to satisfy the requirements of Policy H7A (ii) of the Ryedale Local Plan

3 Prior to the commencement of the development hereby permitted, the developer shall construct on site for the written approval of the Local Planning Authority, a one metre square free standing panel of the external walling to be used in the construction of building. The panel so constructed shall be retained only until the development has been completed

Reason: To ensure a satisfactory external appearance and to satisfy the requirements of Policy H7A (ii) of the Ryedale Local Plan

4 Prior to the commencement of the development, details of all windows, doors and garage doors, including means of opening, depth of reveal and external finish shall be submitted to and approved in writing by the Local Planning Authority

Reason: To ensure an appropriate appearance and to comply with the requirements of Policy H7A (ii) of the Ryedale Local Plan

5 Before the commencement of the development hereby permitted, or such longer period as may be agreed in writing with the Local Planning Authority, full details of the materials and design of all means of enclosure shall be submitted to and approved in writing by the Local Planning Authority. Thereafter these shall be erected prior to the occupation of any dwelling to which they relate.

Reason:- To ensure that the development does not prejudice the enjoyment by the neighbouring occupiers of their properties or the appearance of the locality, as required by PPS1- Delivery Sustainable Development.

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6 Before any part of the development hereby approved commences, plans showing details of a landscaping and planting scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall provide for the planting of trees and shrubs and show areas to be grass seeded or turfed. The submitted plans and/or accompanying schedules shall indicate numbers, species, heights on planting, and positions of all trees and shrubs including existing items to be retained. All planting seeding and/or turfing comprised in the above scheme shall be carried out during the first planting season following the commencement of the development, or such longer period as may be agreed in writing by the Local Planning Authority. Any trees or shrubs which, within a period of five years from being planted, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar sizes and species, unless the Local Planning Authority gives written consent to any variation.

Reason: To enhance the appearance of the development hereby approved.

7 No development shall commence on site until further details of finished ground floor levels in relation to a measurable datum point have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter only be carried out in accordance with the approved levels details.

Reason: To ensure that the appearance of the area is not prejudiced and to satisfy Policy H7A (ii) and (iv) of the Ryedale Local Plan.

8 No development shall take place within the application site, until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation, submitted by the applicant and approved in writing by the Local Planning Authority.

Reason:- The site is of archaeological interest and investigation/protection and observation of the site is required by PPG16 - 'Archaeology and Planning' 1990.

9 The full length of the hedge at the front of the site shall be retained at a minimum height of 1.7 meters unless otherwise agreed in writing with the Local Planning Authority. If within five years any part of the existing hedging is removed, uprooted, destroyed or dies, replacement hedging of the same species shall be planted at the same place, unless the Local Planning Authority gives it written consent to any variation.

Reason:- In order to protect the visual amenity of the site and its surroundings and to comply with PPG15 - 'Planning and the Historic Environment' 1994.

10 Removal of permitted development rights.

11 As may be recommended by the Local Highway Authority.

Background Papers:

Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 PPS3 - Housing 2006 PPG15 - Planning and the Historic Environment 1994 Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008 Item Number: 4 Application No: 08/00632/FUL Parish: Scagglethorpe Parish Council Appn. Type: Full Application Applicant: Cator Farms Proposal: Change of use and alteration of agricultural building to form workshops, offices and 2 no. two bedroom dwellings to include erection of a single storey extension together with associated parking and amenity areas Location: Manor Farm Village Street Scagglethorpe Malton North Yorkshire YO17 8DU

Registration Date: 4 August 2008 8/13 Week Expiry Date: 29 September 2008 Case Officer: Judith Vokes Ext: 329

CONSULTATIONS:

Building Control No views received to date Countryside Management Officer Recommend conditions Natural England No views received to date Parish Council Object Highways North Yorkshire Recommend conditions Environmental Health Officer Recommend conditions Tree & Landscape Officer No Objection

Neighbour letters received to date: D Cudworths,Mr & Mrs Silver,Mr Mrs Greenwood,Paul & Paula Deverell,Ms M Hodgson, Overall Expiry Date: 10 September 2008

This planning application was deferred at the last Planning Committee in order to allow Members to undertake a formal site visit.

The site visit took place on 4 November 2008, and the planning application is now brought back before the Planning Committee for determination.

Members are advised that the full report and attachments for this planning application are set out on the October agenda.

RECOMMENDATION: Approval

1 The development hereby permitted shall be begun on or before .

Reason:- To ensure compliance with Section 51 of the Planning and Compulsory Purchase Act 2004

(NB Pursuant to this condition the applicant is asked to complete and return the attached proforma before the development commences so that appropriate materials can be agreed and the requirements of the condition discharged)

Reason:- To ensure a satisfactory external appearance, and to comply with Policy AG5 of the Ryedale Local Plan and other relevant planning policy. ______

PLANNING COMMITTEE

18 November 2008

3 All new windows, doors and garage doors shall be constructed from timber, set in reveals of 50mm (2 ins) and finished and maintained in a paint finish to be agreed in writing with the Local Planning Authority.

Reason:- To ensure an appropriate appearance, and to comply with Policy AG5 of the Ryedale Local Plan and other relevant planning policy.

4 Before the commencement of development hereby permitted, or such longer period as may be agreed in writing with the Local Planning Authority, details of the proposed boundary treatment, including a schedule of materials and details of the size and species of any hedging, shall be submitted to and approved in writing by the Local Planning Authority. The details so approved shall be implemented in full before the development is first brought into use, unless otherwise agreed in writing with the Local Planning Authority.

Reason:- To ensure that the development does not prejudice the enjoyment by the neighbouring occupiers of their properties or the appearance of the locality, and to comply with Policies AG5, AG6, ENV3 and ENV7 of the Ryedale Local Plan.

5 Prior to the commencement of the development hereby approved, full details including samples where appropriate of all the ground surfacing treatment of the site shall be submitted for the written approval of the Local Planning Authority and thereafter the development shall be undertaken in accordance with the approved details.

Reason:- To ensure a satisfactory appearance, and to comply with Policy AG5 of the Ryedale Local Plan and other relevant planning policy.

6 The workshop/office premises hereby approved shall only be used for a purpose included in Use Class B1 (Business) of the Schedule to the Town & Country Planning (Use Classes) Order 1987 (or in any statutory instrument re-enacting that Order).

Reason:- In order to protect the amenities of neighbouring residents and highway safety, and to comply with Policy AG5 (iv) of the Ryedale Local Plan.

7 Machinery or power tools shall only be operated on the premises between 0730 hours and 1800 hours Monday to Friday, 0730 hours and 1300 hours on Saturdays and not at all on Sundays and Public Holidays.

Reason:- To ensure that noise from the premises does not cause a nuisance to adjoining residents or the amenity of the locality, and to comply with Policy AG5 (iv) of the Ryedale Local Plan.

8 No part of the site outside any building shall be used for the storage or display of any goods or materials without the express consent in writing of the Local Planning Authority.

Reason:- To ensure that the appearance of the area is not prejudiced by the external storage of materials, and to ensure compliance with Policies AG6 and ENV3 of the Ryedale Local Plan.

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PLANNING COMMITTEE

18 November 2008

9 The dwellings, the subject of this approval shall not be occupied until such time as the Use Class B1 (Business) workshop/office has been brought into full and proper use. Thereafter the occupancy of the dwelling shall be restricted to a person or persons carrying out a business from these premises or the dependants of such person/s.

Reason:- The site is in an area where current policy would not normally permit the establishment of new residential properties unrelated to a commercial operation, and to ensure compliance with Policy AG6 (iv) of the Ryedale Local Plan.

10 The residential occupation of the building the subject of this application shall be limited to that shown on the approved drawing no D470005/07 and D4070005/08 No increase in residential floor area shall be undertaken without the prior written consent of the Local Planning Authority.

Reason:- In order to ensure that the residential use of the building remains subordinate to the business use in accordance with current national and local planning policy, and to ensure compliance with Policy AG6 (iv) of the Ryedale Local Plan.

11 No part of the development shall be brought into use until the approved vehicle access, parking, manoeuvring and turning areas:

(i) have been constructed in accordance with the submitted drawing (Reference D- 4070005/12)

Once created, these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

Reason:- In accordance with Policy T3 of the Ryedale Local Plan, and to provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development.

12 There shall be no access or egress by any vehicles between the highway and the application site until details of the precautions to be taken to prevent the deposit of mud, grit and dirt on public highways by vehicles travelling to and from the site have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. These facilities shall include the provision of wheel washing facilities where considered necessary by the Local Planning Authority in consultation with the Highway Authority. These precautions shall be made available before any excavation or depositing of material in connection with the construction commences on the site, and be kept available and in full working order and used until such time as the Local Planning Authority in consultation with the Highway Authority agrees in writing to their withdrawal.

Reason:- In accordance with Policy T3 of the Ryedale Local Plan, and to ensure that no mud or other debris is deposited on the carriageway in the interests of highway safety.

13 Prior to commencement of development, the buildings identified on the plan received by the Local Planning Authority on 13 October 2008, shall be demolished and/or removed from the site, to the reasonable satisfaction of the Local Planning Authority.

Reason:- In order to comply with Policy AG5 (iv) of the Ryedale Local Plan.

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PLANNING COMMITTEE

18 November 2008

14 Development shall take place in complete accordance with the findings of the Bat and Barn Owl Survey Report (August 2008) by John Drewett, and the recommendations of the Council's Countryside Management Officer dated 14 August 2008.

Reason:- In order to comply with PPS9 - Biodiversity and Geological Conservation.

15 Development shall not commence until actual or potential land contamination at the site has been investigated, and a Phase 1 Desk Study Report has been submitted to and approved in writing by the Local Planning Authority. Should further intrusive investigation be recommended in the Phase 1 Report, development shall not commence until a Site Investigation Report and if required, a Remediation Statement have been submitted to and approved in writing by the Local Planning Authority. Reports shall be prepared in accordance with Contaminated Land Report 11, and Planning Policy Statement 23. Submission of a verification report to be approved in writing by the Local Planning Authority will be required on the completion of any remedial work.

Reason:- In order to comply with PPS23 - Planning and Pollution Control.

INFORMATIVES:

All bats and their roosts are fully protected under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000) and are further protected under Regulation 39(1) of the Conservation (Natural Habitats &c.) Regulations 1994. Should any bats or evidence of bats be found prior to or during development, work must stop immediately and Natural England contacted for further advice. This is a legal requirement under the Wildlife and Countryside Act 1981 (as amended) and applies to whoever carries out the work. All contractors on site should be made aware of this requirement and given Natural England’s contact details. Their telephone number is 01904 435500.

Background Papers:

Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 PPS3 - 'Housing' 2006 PPG4 - 'Industrial and Commercial Development and Small Firms' 1992 PPS7 - Sustainable Development in Rural Areas Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008 Item Number: 5 Application No: 08/00631/FUL Parish: Scagglethorpe Parish Council Appn. Type: Full Application Applicant: Cator Farms Proposal: Erection of a four bedroom dwelling with attached double garage Location: Land To Rear Of Manor Farm Village Street Scagglethorpe Malton North Yorkshire

Registration Date: 2 July 2008 8/13 Week Expiry Date: 27 August 2008 Case Officer: Judith Vokes Ext: 329

CONSULTATIONS:

Parish Council Object Highways North Yorkshire Recommend conditions Building Control No views received to date Yorkshire Water Services No objection Environmental Health Officer Concerned re proximity of site to agricultural unit (verbal) Parish Council No view received to date Neighbour letters received to date: Mrs M Darrington,David & Suzanne Greenwood,Ms Marian Hodgson,D Cudworths,P J Gray, Overall Expiry Date: 8 October 2008

This planning application was deferred at the last Planning Committee in order to allow Members to undertake a formal site visit.

The site visit took place on 4 November 2008, and the planning application is now brought back before the Planning Committee for determination.

Members are advised that the full report and attachments for this planning application are set out on the October agenda.

RECOMMENDATION: Approval

1 The development hereby permitted shall be begun on or before .

Reason:- To ensure compliance with Section 51 of the Planning and Compulsory Purchase Act 2004

Reason: To ensure a satisfactory external appearance and to satisfy the requirements of Policy H7A (ii) of the Ryedale Local Plan

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PLANNING COMMITTEE

18 November 2008

Reason: To ensure a satisfactory external appearance and to satisfy the requirements of Policy H7A (ii) of the Ryedale Local Plan

Reason: To ensure an appropriate appearance and to comply with the requirements of Policy H7A (ii) of the Ryedale Local Plan

Reason:- To enhance the appearance of the development hereby approved, and to ensure compliance with Policy ENV7 of the Ryedale Local Plan.

7 No part of the development shall be brought into use until the approved vehicle access, parking, manoeuvring and turning areas

(i) have been constructed in accordance with the submitted drawing (Reference D4070005/13)

Once created, these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

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PLANNING COMMITTEE

18 November 2008

8 No development shall commence on site until further details of finished ground floor levels in relation to a measurable datum point have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter only be carried out in accordance with the approved levels details.

Reason: To ensure that the appearance of the area is not prejudiced and to satisfy Policy H7A (ii) and (iv) of the Ryedale Local Plan.

9 Prior to the commencement of development, the buildings identified on the plan received by the Local Planning Authority on 13 October 2008 shall be demolished and/or removed from the site to the reasonable satisfaction of the Local Planning Authority.

Reason:- In order to comply with Policy H7 of the Ryedale Local Plan.

10 The development hereby permitted shall be carried out in accordance with the plans as submitted and as amended on 24 September 2008.

Reason:- For the avoidance of doubt and to ensure the satisfactory development of the site in accordance with the approved plans, and in accordance with Policy H7 of the Ryedale Local Plan.

INFORMATIVES:

1 All bats and their roosts are fully protected under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000) and are further protected under Regulation 39(1) of the Conservation (Natural Habitats &c.) Regulations 1994. Should any bats or evidence of bats be found prior to or during development, work must stop immediately and Natural England contacted for further advice. This is a legal requirement under the Wildlife and Countryside Act 1981 (as amended) and applied to whoever carries out the work. Contact details: Natural England, Genesis 1, University Road, Heslington, York YO10 5ZQ Tel: 01904 435500

2 Breeding birds

Background Papers:

Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 PPS3 - 'Housing' 2006 Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008 Item Number: 6 Application No: 08/00938/FUL Parish: Scrayingham Parish Council Appn. Type: Full Application Applicant: Mr Tony Donahue Proposal: Change of use of land and buildings to domestic curtilage and domestic purposes associated with the dwelling house "Mill Farm" (retrospective application). Location: Mill Farm Barthorpe Bottoms Leppington York North Yorkshire YO17 9RL

Registration Date: 2 October 2008 8/13 Week Expiry Date: 27 November 2008 Overall Expiry Date: 1 November 2008 Case Officer: Jeremy Wayman Ext: 325

CONSULTATIONS:

Parish Council No views received to date

Neighbour letters received to date: Phil & Sharon Copland-Jones,

SITE:

The application site is located within a Area of High Landscape Value as identified in the Ryedale Local Plan some 400m to the south of Leppington. Access to the site is achieved via a track of approximately 110m in length. The site contains the dwelling of Mill Farm and associated outbuildings. The area of the site defined by this application is demarcated by an outbuilding to the east of the dwelling and extends to the southern elevation of the outbuilding to the south of the dwelling and a post and rail fence to the west. The northern boundary is defined in part by the access track to the site and the boundary to the curtilage of Mill Cottage to the north. Directly to the north the land level rises significantly. The applicant owns pasture land to the south, east and west of the application site which is set within a relatively isolated and secluded valley within the open countryside.

PROPOSAL:

Permission is sought for a change of use of the land defined within the application to domestic curtilage associated with Mill Farm.

HISTORY:

History of relevance:

June 2007: Enforcement Enquiry re demolition and erection of outbuildings, excavation works, erection of retaining walls and works to ponds.

September 2007: Erection of domestic outbuilding to include open garage attached to existing outbuilding: Pending Consideration

October 2007: Reduction in field height by removal of spoil and erection of retaining wall to north east boundary of excavated area (retrospective): Approved

March 2008: Extension of existing ponds (retrospective): Approved ______

PLANNING COMMITTEE

18 November 2008

April 2008: Certificate of Lawfulness in respect of the use of land and buildings for domestic purposes in a domestic curtilage associated with the dwelling house Mill Farm for a period in excess of ten years: Withdrawn

POLICY:

Ryedale Local Plan

Policy ENV3 - Development in the Areas of High Landscape Value Policy H17 - Garden extensions into the open countryside

APPRAISAL:

As noted above the site has an extensive recent planning history and this application forms part of a series that have been submitted in order to regularise outstanding planning requirements at the site as a result of an enforcement investigation in 2007. A separate application for the extension of an outbuilding is under consideration in conjunction with this application.

Objections have been raised to the application by the residents of the neighbouring property to the north of the site. Issues that have been raised which can be considered as planning matters are summarised as follows:

• That the application is retrospective and forms part of a series of retrospective applications • That the land may be used for recreational purposes which would have an impact on the amenity of the neighbouring property and a consequent impact on the value and enjoyment of the dwelling of Mill Farm. • That the change of use would reduce the capability of the site to be used as a farm.

Whilst the retrospective nature of the application is regrettable the proposal forms part of a series of applications submitted with the intent of regularising the use and development of the site in planning terms. This was the course of action considered most likely to resolve the outstanding planning issues on the site. The applicant has applied for a change of use of the land defined within the application. The effect of the proposal on the value of a property is not a planning consideration and does not form part of the consideration of the application.

In addition concerns noted by the objector include:

• That the application does not state the purpose of the change of use • That the application is a restatement of a previously withdrawn application • That the land within the application site is agricultural in nature and that this is tied by way of a civil covenant

Members will note that the applicant had previously submitted an application for a Certificate of Lawfulness for the use of land (CLEUD) adjacent to Mill Farm on a slightly larger site area than that under consideration in this application as domestic cartilage. The CLEUD was withdrawn before determination. It was an Officer level view that the evidence presented as part of that application was not adequate enough to allow Officers to recommend approval of it. The withdrawal of the Certificate of Lawfulness does not preclude the applicant from submitting an application for a change of use and it is considered that the determination of this matter will assist in the resolution of the further outstanding application for extension of outbuildings at the site later on this agenda. It is noted that matters relating to a covenant on the land are civil matters and are not planning considerations forming part of this application.

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PLANNING COMMITTEE

18 November 2008

The principal issues of relevance to this application in planning policy terms are:

• Whether the proposal would detract from the scenic quality of the landscape • Whether the proposal would have a material adverse effect on the character of the open countryside in the area. • Whether there is a potential material adverse impact on the amenity on neighbours.

Mill Farm forms part of a former mill building which has associated outbuildings directly to the east and south. A hard surfaced yard is directly to the south of the dwelling with a grassed area extending further to the south west and a further outbuilding adjacent to this area. In some respects this grassed area has the appearance of a domestic garden and is clearly demarcated to the north by an access track and to the west by fencing. The edge of this 'garden' area becomes less clearly defined to the south and east however the existence of the outbuildings noted above provide a clear indication of the limits of the area defined as curtilage in these locations. The domestic curtilage of the attached dwelling of Mill Cottage lies directly to the north of the defined site on rising ground and is screened partially by mature hedging and tree growth.

In landscape terms the change of use is not considered to detract from the scenic quality of the landscape. The site is relatively secluded and as noted above is within a valley location not visible from any public vantage point. A change of use of this type within this context is not considered to have an adverse effect on the character of the open countryside by virtue of these factors. Whilst the establishment of a domestic curtilage near to the dwelling does represent a change from an apparent former agricultural storage / yard use it is considered that this change dose not undermine the landscape protection policies of the Ryedale Local Plan. Members may consider that the imposition of a condition removing the Class E permitted development rights of the householder in this area may be appropriate to allow the Authority control over development in this location.

It is apparent that the objector to the scheme is, as noted above, concerned over the potential affect on their amenity as a result of the change of use. Concerns over the lifestyle choice of applicants are not a planning consideration.

Whilst the area proposed as domestic curtilage is adjacent to the neighbouring property there is a distinct physical separation between the sites both as a result of the change in level and vegetation growth particularly to the northern boundary. It is not considered that in this circumstance that the principal of the change of use will have a additional material adverse impact on the amenity of the neighbouring property.

It also appears to officers that parts of the site nearest to Mill Farm and adjacent to Mill Cottage have historically been used for ancillary domestic purposes.

In summary, the proposal is considered to accord with the listed development plan policy and, in the absence of further material considerations, it is recommended that the application be approved.

Ryedale Local Plan - Policy ENV3 - Development in the Areas of High Landscape Value Ryedale Local Plan - Policy H17 - Garden extensions into the open countryside

RECOMMENDATION: Approval

1 The development hereby permitted shall be begun on or before .

Reason:- To ensure compliance with Section 51 of the Planning and Compulsory Purchase Act 2004

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PLANNING COMMITTEE

18 November 2008

2 Notwithstanding the provision of the Town & Country Planning (General Permitted Development) Order, 2008 (or any Order revoking, re-enacting or amending that Order) no sheds, greenhouses, summerhouses or other ancillary domestic buildings or structures shall be erected, placed or located within the site unless agreed in writing by the Local Planning Authority following a specific application in that respect.

Reason:- To ensure that the appearance of the area is not prejudiced by the introduction of unacceptable materials and/or structure(s).

Background Papers:

Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008 Item Number: 7 Application No: 07/00874/FUL Parish: Scrayingham Parish Council Appn. Type: Full Application Applicant: Mr A Donohue Proposal: Erection of domestic outbuilding to include open garage attached to existing outbuilding Location: Mill Farm Barthorpe Bottoms Leppington York North Yorkshire YO17 9RL

Registration Date: 27 September 2007 8/13 Week Expiry Date: 22 November 2007 Overall Expiry Date: 9 November 2007 Case Officer: Jeremy Wayman Ext: 325

CONSULTATIONS:

Parish Council Recommends Refusal

Neighbour letters received to date: Phil Jones,

SITE:

The application site is located within an Area of High Landscape Value to the south of Leppington. Access to the site is achieved via a track of approximately 110m in length. The site contains the dwelling of Mill Farm and associated outbuildings. Directly to the north the land level rises significantly and contains the dwelling of Mill Cottage and its associated domestic curtilage. The applicant owns pasture land to the south, east and west of the application site which is set within a relatively isolated and secluded valley within the open countryside.

PROPOSAL:

Permission is sought for the erection of a domestic outbuilding to include an open garage attached to an existing outbuilding. The outbuilding is of brick and stone under pantile and occupies in part the location of a previously demolished section of outbuilding. The proposal comprises an open garage at the same height as the existing outbuilding with attached two-storey section to the southern end which has a height to ridge of 6.4m. The extension projects 11.2m from the existing outbuilding and occupies a footprint of 60m2. It is stated that the development will provide a garage, games room and home office in association with the dwelling of Mill Farm.

HISTORY:

History of relevance:

June 2007: Enforcement Enquiry re demolition and erection of outbuildings, excavation works, erection of retaining walls and works to ponds.

October 2007: Reduction in field height by removal of spoil and erection of retaining wall to north east boundary of excavated area (retrospective): Approved

March 2008: Extension of existing ponds (retrospective): Approved

PLANNING COMMITTEE

18 November 2008 October 2008: Change of use of land and buildings to domestic curtilage and domestic purposes associated with the dwelling house Mill Farm (retrospective): Pending Consideration

POLICY:

Ryedale Local Plan

Policy ENV3 - Development in the Areas of High Landscape Value Policy H13 - Extensions to existing dwellings

APPRAISAL:

As members are aware this application forms part of a series which have been submitted at the site over the last year following an enforcement investigation in which it was apparent that groundworks had started for this development. Members have considered the issues raised in respect of the change of use application submitted for the site. The applicant proposes the erection of an extension to an existing linear outbuilding which forms the eastern boundary of the immediate curtilage of the site. During the course of the application amendments have been made which have removed a proposed exterior staircase to the north western elevation of the building.

The neighbour to the north of the site and the Parish Council have raised objections specific to this proposal which are summarised as follows:

• That the application is retrospective • That the proposal represents an unauthorised change of use • That the proposed external staircase would have an impact on the privacy of the neighbour to the north • That the proposal is larger than the previously existing demolished section of outbuilding • That the site already has adequate garaging • That the development may have an impact on the value of the neighbouring property • Concern over the potential future use of the development

The partially retrospective nature of the application is regrettable the proposal forms part of a series of applications submitted with the intent of regularising the use and development of the site in planning terms. This was the course of action considered most likely to resolve the outstanding planning issues on the site. It is noted that the determination of this application has been delayed as a result of concerns raised by the Authority over the status of the buildings the subject of this application. In attempting to resolve this matter the applicant initially submitted a Certificate of Lawfulness (CLEUD) in respect of the use of the curtilage of Mill Farm however the CLEUD was withdrawn and a subsequent application for a change of use was made which members have considered.

As noted above the proposal has been amended to remove the proposed external staircase.

In policy terms the proposal is considered acceptable. The design of the extended building is considered to be sympathetic to the existing buildings on site and the traditional natural materials proposed are considered appropriate in this context. Whilst the proposal lies within the open countryside, the development is within an existing and long established group of buildings and is not considered to have an adverse visual impact due to its relatively modest proportions and traditional design.

The removal of the proposed external staircase is considered to resolve concerns over the potential for adverse impacts on the amenity of the neighbours in terms of overlooking. In addition the change of level between the application site and the dwelling to the north and the distance of 20m between the proposed extension and the nearest boundary is considered to further mitigate any potential impact on the amenity of neighbours caused by the development.

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PLANNING COMMITTEE

18 November 2008

The proposal does appear to represent an enlargement on the previously existing outbuilding (now demolished) in terms of its length. The extended section is however located farthest away from the boundary with Mill Cottage and this is not considered to be a concern in principle. The increased height of the end section of the extension (which is 0.9m higher than the existing range) creates a visual break in the range of outbuildings. This is also not considered to out of character with traditional ranges of this type of ancillary buildings in terms of its scale. No increase in the depth of the building is proposed. The development is not considered to materially detract from the scenic quality of the landscape by virtue of its traditional gable ended appearance. The materials selected for its construction are sympathetic to the principle buildings and the other outbuilding on the site.

In summary, the proposal is considered to accord with the listed development plan policy and, in the absence of further material considerations, it is recommended that the application be approved.

Ryedale Local Plan - Policy ENV3 - Development in the Areas of High Landscape Value Ryedale Local Plan - Policy H13 - Extensions to existing dwellings

RECOMMENDATION: Approval

1 Before the development hereby permitted is commenced, or such longer period as may be agreed in writing with the Local Planning Authority, details and samples of the materials to be used on the exterior of the building the subject of this permission shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure a satisfactory external appearance and to satisfy the requirements of Policy H13 (i); of the Ryedale Local Plan

2 Before the development hereby permitted is commenced the developer shall construct on site for the written approval of the Local Planning Authority a one metre square free standing panel of brickwork of the type of brick to be used in the construction of the building. The brickwork panel so constructed shall be retained only until the development has been completed.

Reason:- To ensure a satisfactory external appearance.

3 Window and door details

4 No additional openings

Background Papers:

Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008 Item Number: 8 Application No: 08/00163/FUL Parish: Welburn (Malton) Parish Council Appn. Type: Full Application Applicant: Mr & Mrs Lacey Proposal: Change of use of shop to shop and cafe, including outside cafe seating area to front of building (retrospective application) Location: The Barley Basket Main Street Welburn York YO60 7DX

Registration Date: 29 September 2008 8/13 Week Expiry Date: 24 November 2008 Overall Expiry Date: 6 November 2008 Case Officer: Judith Vokes Ext: 329

CONSULTATIONS:

Forward Planning & Conservation Object Highways North Yorkshire No objection Parish Council Concerns expressed re outside seating area Environmental Health Officer No objection - recommend conditions (views awaited in respect of third party objections received)

Neighbour letters received to date: J E Magrath, Mr & Mrs Duncan, R A Stansfield,

SITE:

The ‘Barley Basket’ is an established retail unit, formerly including the village post office, occupying the frontage section of a building to the south of Main Street, Welburn under the ownership of the applicants.

The ‘Barley Basket’ is currently in use as a café and retail unit at ground floor level. The remaining part of the building is used as small-scale bed and breakfast accommodation, and also forms private living accommodation for the applicants.

An outside seating area capable of accommodating approximately two tables and six chairs for use in connection with the café use is located immediately to the front of the building, to the west of the main entrance door.

The application site falls within the development limits for Welburn and within the village conservation area. Welburn falls within the wider Howardian Hills Area of Outstanding Natural Beauty.

The site is located to the south of Main Street, Welburn and along with surrounding properties is set back from the public highway behind an area of open, grassed village green and private access ways.

Properties either side of the application site are occupied for residential purposes. The dwelling immediately to the east shares a rear, private driveway with the application site. The Crown and Cushion Public House lies opposite the site to the north of Main Street.

PROPOSAL:

This is a retrospective planning application for the change of use of the existing shop use to a shop and café with outside seating area.

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PLANNING COMMITTEE

18 November 2008

HISTORY:

04/01349/FUL: Change of use of Post Office to dwelling - Refused 24.12.2004

95/00783/OLD: Erection of extension and alteration of outbuildings to form additional living accommodation and conservatory and the erection of a porch (amended design to approval granted by decision 3/146/76/FA dated 15.2.94) - Approved 16.05.1995

93/00906/OLD: Erection of extension and alteration of outbuildings to form additional living accommodation and conservatory and the erection of a porch - Approved 29.12.1993

Members will wish to note that officers have issued informal advice to the applicants to advise that the use of up to 3 rooms (to be occupied by up to two parties at any one time) for bed and breakfast accommodation would not amount to a material change of use to the planning unit for which a planning application would be required.

POLICY:

National Policy Guidance

PPS1 - Delivery Sustainable Development 2005 PPS6 - Planning for Town Centres PPS7 - Sustainable Development in Rural Areas PPG15 - 'Planning and the Historic Environment' 1994 Regional Spatial Strategy

E7 - Rural Economy

Ryedale Local Plan

Policy ENV2 - Development in the Howardian Hills AONB Policy L11 - Existing community facilities within villages Policy R2 – Development for Use Class A3 (food and drink uses)

APPRAISAL:

The café use is already being carried out from the building. Whilst officers recognise that a diversification of uses can help sustain rural businesses, it is considered that this should not be at the expense of the established retail use. In the absence of any detailed justification to the contrary officers consider that a continued retail use of the building remains viable and should be encouraged in the interests of sustaining the rural economy and providing an important local facility for people living in this rural area.

This is a long standing planning and enforcement matter where officers have tried to work with the applicants to reach a balance between the retention of a retail facility and the applicant’s wish to diversify or remove the existing retail use from the building

This is a difficult planning matter to resolve, as officers cannot enforce against how an existing business is run or what specific goods are sold but can seek under Local Plan Policy L11 to ensure that an existing business is not unacceptably prejudiced by the introduction of an additional use(s).

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PLANNING COMMITTEE

18 November 2008 Members will note that a planning application to change of the use of the retail unit, incorporating the former post office, to a private dwelling was refused in 2004 on the following grounds: -

01 The applicants have not sufficiently demonstrated that the post office is no longer financially viable. The evidence provided suggests that in a very short period of time the business has declined under the ownership of the applicant and there is no evidence of any efforts to market the business as a going concern. The response from the public clearly indicates that demand for the post office still exists and there are no suitable alternatives nearby. The proposal is, therefore, contrary to the provisions of Policy L11 of the adopted Ryedale Local Plan.

Whilst some supporting documentation accompanies this planning application to suggest that a retail use of the building is no longer viable this information which relates to accounts from 2004 is not considered sufficient to support any justifiable case for loss of the retail facility as required by Policy L11 of the Local Plan.

Local Plan Policy L11 states that:-

Outside the Market Towns, proposals for the change of use of buildings which currently house a community facility (for these purposes ‘community facilities’ are defined as schools, village stores and post offices, public houses, doctors’ surgeries/clinics, places of worship, village halls) will only be permitted where it can be demonstrated that:-

(i) The facility is not longer financially viable; or

(ii) There is no demand for the facility within the locality; or

(iii) Equivalent alternative facilities will be provided nearby.

Following extensive discussions and attempts at negotiation between officers and the applicants the resulting scheme has come forward. The applicants have indicated that they do not wish to negotiate further and as such this planning application is put before the Planning Committee for a decision.

The current scheme provides for the following approximate split in floorspace:-

Retail Use 9.15 sq m Café Use (including outdoor seating 29.5 sq m area) Mixed Retail / Café Use (predominantly 11.1 sq m café use – kitchen, storage etc)

Members will note that these floorspace figures differ from those set out in the applicant’s supporting statement. This is due to a number of matters including further negotiations between officers and the applicants in securing a more defined retail area as well as officers view that the retail space interdispersed with the café use is not a retail facility as intended by Policy L11.

Officers have sought to secure an area of the ground floor of the building where a retail use can be retained as the sole use. Accommodating the retail use in amongst the café use was considered by officers to unacceptably prejudice the sustained viability of the retail use and would make it difficult to enforce an agreed level of retail facilities being retained on site.

The Council’s Forward Planning Unit, whilst raising no objection to the principle of the change of use, originally objected to this planning application, as they were concerned that the layout of the uses was such that the function of the retail use would be prejudiced by the existing café use. Following negotiations between officers and the applicant, which has resulted in the receipt of revised plans the Forward Planning Unit, have made a further response, which is set out in full below:-

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PLANNING COMMITTEE

18 November 2008

These (revised plans) clearly show an improvement in the balance between space for the shop and café, though the shop element still appears subordinate to the café. Following a site visit, it is clear that it is branded solely as a café without reference to a shop. Indeed it appeared to only sell a very limited range of everyday products, the remainder being gift products more suited to tourism than serving local needs. Of course I am aware that planning permission cannot control what type of products are sold, and this falls outside the scope of this application. However the protection of a community facility in some form - in this case the local shop - is central to this application.

I am sympathetic to the argument that running a local shop can be unprofitable, and that a café in a location which attracts tourists, is necessary to support a limited shop operation. However no financial evidence has been presented to this effect (which is part of criterion (i) of Policy L11), which makes it difficult to take a view.

Whilst the general message received is that residents and the Parish Council are keen to support local businesses a number of objections / concerns have been received raising some or all of the following matters:-

• Increased use of private access road with associated vehicular and pedestrian safety issues • Potential damage to village green from parking, increased traffic movements etc • Conflict between users of outdoor seating area and users of private access road – suggest condition that tables and chairs are only in position during café opening hours • A-boards, planters etc contribute towards extension of external trading space and obstruction issues • Impact of customer toilet which is accessed externally to the café / retail use on amenities of adjoining resident • External storage, visual amenity issues in proximity to toilet area • Nuisance from cooking smells

The Environmental Health Unit has raised no objection to date to the principle of a café use on the site. Following more recent allegations from a local resident raising issues of odour nuisance and the positioning of the toilet facilities, the EHO has been requested to review their response to the planning application.

It should be noted that the public toilet marked on the submitted drawings serves customers to the café use and is, it is understood, not intended as a public toilet serving the wider village, visitors etc. The views of the Environmental Health Unit have been sought in respect of the appropriateness of the positioning of the toilet accessed externally to the building as well as its relationship to existing residential properties.

The response from the Environmental Health Unit on these matters will be reported to the Committee.

Following concerns expressed regards land ownership particularly in respect of the existing outdoor seating area and the means of access from the site to the public highway the applicant has served a Certificate D, acknowledging that there may be other currently unknown landowners. Whilst officers have been advised that the private access way may be owned by the Castle Howard Estate at the time of writing this report this had not been confirmed by the Estate. In any event it is considered that the applicant has followed the correct planning procedure in serving notice and ownership matters are outside the remit of the planning system.

There is no dedicated off street parking or servicing proposed nor is it considered that suitable space exists within the site to accommodate these requirements. It is understood that whilst the site was in use as a retail unit parking outside took place on an informal basis or alternatively vehicles parked on the public highway. This unregulated means of parking is expected to continue.

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PLANNING COMMITTEE

18 November 2008 The introduction of a café use may not lead to a significant increase in the volume of traffic to the site but the length of time that vehicles may be parked when using the café facilities will be arguably longer than vehicles accessing the retail facilities only. This is coupled with the use of part of the area to front of the building as an outdoor seating area, which encroaches into the vehicle circulation space.

The local Highway Authority has, however, raised no objection on highway safety grounds to the revised development proposals including the outdoor seating area.

Subject to the receipt of a satisfactory response from the Council’s Environmental Health Unit is it considered that the introduction of a café use would not have an unacceptable adverse impact upon the amenities of local residents as required by Policy R2(i) of the Local Plan. The Environmental Health Unit will also assess the development in relation to whether adequate provision is made for the storage of refuse and the extraction of fumes as required by Policy R2(iv).

Policy R2(ii) and (ii) requires sufficient off-street parking for the proposed use to be available in the vicinity of the site and that development will not be detrimental to highway safety or inconvenience other road users and pedestrians. Sufficient off-street parking is not available in this instance and concerns have been expressed by local residents in relation to increased traffic, parking etc on the private access ways which link the application site to the public highway at Main Street. This situation would, however, exist when the site was in use for retail purposes only. It is however considered that the café use may lead to an increase in vehicles visiting the site as well as increasing the time that vehicles spend outside the site. The outside seating area also encroaches into the private access way although there is adequate space for a single vehicle to pass between the seating area and the village green. Whilst the development may cause inconvenience to other road users and to a lesser extent pedestrians the professional view of the local Highway Authority is that the development as proposed will not be detrimental to highway safety. Officers consider that it would be difficult to sustain an objection to the development on this basis.

Subject to the removal of various signage and other paraphernalia outside the site it is considered that the development complies with criteria (iii) and (iv) of Policy R1 of the Local Plan in relation to visual amenity and general environmental quality including impact on the Conservation Area.

The introduction of a café use, albeit linked to a retail use of a site, is not afforded the same level of protection as a community facility under Local Plan Policy L11. The relevant policy test is therefore considered to be whether the introduction of the café use will be detrimental to the continued availability of the retailing facilities.

Ideally negotiations with the applicants would have secured the retention of a larger area of retail floorspace and a greater commitment from the applicants to secure the long-term retention of a retail use of the site. In this instance, the retail use in terms of floor space and arguably how the retail facility is currently managed is subordinate to the predominant use of the building as a café. Nevertheless, a retail facility is being retained on site and its retention could be enforced through a planning condition if necessary. The applicants are of the view that a wholly retail use of the building is not financially viable although insufficient evidence has been submitted to justify this against Local Plan policy. The applicants are of the view that a mixed retail and café use of the site as existing is an appropriate means of ensuring the long-term viability of the facility.

This is considered to a very balanced decision to make but on the basis of all the information submitted to date the recommendation is one of conditional approval. This is subject to the receipt of a satisfactory consultation response from the Environmental Health Unit.

If Members are minded not to follow the officer recommendation and decide to refuse this planning application then it will be necessary to commence enforcement proceedings requiring the applicant to return the use of the ground floor of the building to Use Class A1 retail use only and to cease use of the outdoor seating area and to remove all equipment. ______

PLANNING COMMITTEE

18 November 2008

Regional Spatial Strategy - Policy E7 - Rural Economy Ryedale Local Plan - Policy ENV2 - Development in the Howardian Hills AONB Ryedale Local Plan - Policy L11 - Existing community facilities within villages National Policy Guidance - PPS1 - 'Delivering Sustainable Development' 2005 National Policy Guidance - PPS6 - 'PLanning for Town Centres' 2005 National Policy Guidance - PPS7 - 'Sustainable Development in Rural Areas' 2004 National Policy Guidance - PPG15 - 'Planning and the Historic Environment' 1994

RECOMMENDATION: Approval

1 No part of the site outside any building shall be used for the storage or display of any goods or materials without the prior approval in writing of the Local Planning Authority. Any goods or materials currently displayed outside the existing building shall be removed within 28 days from the date of this planning permission unless otherwise agreed in writing with the Local Planning Authority.

Reason:- To ensure that the appearance of the area is not prejudiced by the external storage of materials and to protect residential amenities and in order to comply with the requirements of Policy R2(i) of the Ryedale Local Plan and PPG15 'Planning and the Historic Environment'.

2 The retail part of the retail / café use hereby approved and shown on drawing no. WE/10/07/05 Rev.G shall not be used for any purposes other than within Use Class A1 (Shops) of the Town and Country Planning (Use Classes) Order 1987.

Reason:- To ensure that the retail floorspace e is not used for any other purposes and to comply with Policy L11 of the Ryedale Local Plan.

3 The use hereby permitted shall not be open to customers outside the following times - 8am to 5pm each day.

Reason:- To ensure that the amenities of nearby residents are not unreasonably affected and to satisfy the requirements of Policy R2 of the Ryedale Local Plan.

4 Within 28 days from the date of the granting of this planning permission, details of the means of storage and disposal of refuse shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented before the development is first occupied and shall thereafter be retained to the reasonable satisfaction of the Local Planning Authority.

Reason:- In order not to prejudice the appearance of the locality, the amenities of nearby residents and to comply with Policy R2 of the Ryedale Local Plan.

5 As may be requested by the Environmental Health Unit

6 The development hereby permitted shall be carried out in accordance with the plans as submitted and as amended by drawing no. WE/10/07/05 Rev.G received on 18th June 2008.

Reason:- For the avoidance of doubt and to ensure the satisfactory development of the site in accordance with the approved plans.

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PLANNING COMMITTEE

18 November 2008

Background Papers:

Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 PPS6 - Planning for Town Centres PPS7 - Sustainable Development in Rural Areas PPG15 - 'Planning and the Historic Environment' 1994 Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008 Item Number: 9 Application No: 08/00620/FUL Parish: Westow Parish Council Appn. Type: Full Application Applicant: Mr & Mrs Francis Proposal: Demolition of existing dwelling and erection of a replacement four bedroom dwelling Location: Leason Main Street Westow York YO60 7NE

Registration Date: 3 July 2008 8/13 Week Expiry Date: 28 August 2008 Overall Expiry Date: 20 October 2008 Case Officer: Judith Vokes Ext: 329

CONSULTATIONS:

Parish Council No objection Highways North Yorkshire Recommend conditions Building Control No views received to date Yorkshire Water Services No objection Building Conservation Officer No objection to amended plans (verbal)

Neighbour letters received to date: Mr & Mrs D Hodgson,

SITE:

Leason is a single-storey detached dwelling to the south of Main Street, Westow. The site lies within the development limits and the Westow Conservation Area.

PROPOSAL:

Full planning permission is sought for a replacement two-storey dwelling following the demolition of the existing dwelling.

The replacement dwelling will be sited further back from the Main Street frontage and adjacent dwellings than the existing property.

Whilst the replacement dwelling will occupy the same footprint as the existing dwelling additional ground floor extensions are proposed to the rear of the main property.

A two-storey dwelling is proposed rather than the existing single-storey dwelling and this will result in an eaves and ridge height of 4.7 metres and 7.9 metres respectively. This is in comparison to an existing eaves height of 2.4 metres and a ridge height of 5.55 metres.

A recently erected double garage will be retained as well as the frontage boundary wall. Access and within site parking and turning arrangements will remain as existing.

HISTORY:

06/00797/FUL: Erection of single-storey extension to rear and detached double garage - Approved 19.10.2006

07/00484/FUL: Change of use of agricultural land to form extension to domestic garden together with formation of wildlife pond - Approved 23.07.2007 ______

PLANNING COMMITTEE

18 November 2008

08/00621/CON: Demolition of existing dwelling known as Leason - Approved 31.10.2008

POLICY:

National Policy Guidance

PPS3 - 'Housing' 2006 PPG15 - 'Planning and the Historic Environment' 1994

Ryedale Local Plan

Policy H7 - Residential development within settlements

APPRAISAL:

Prior to submission of this planning application, pre-application discussions were held with the agent. At this stage the proposed development sought significant alteration and improvements to create first floor living accommodation and an increase in overall floorspace.

The planning application as submitted proposed the demolition of the existing single -storey dwelling and its replacement with a purpose built, new two-storey dwelling.

An application for Conservation Area Consent for demolition of the existing dwelling (08/00621/CON) has been approved by officers under delegated authority. This permission is subject to a planning condition that no demolition takes place until such a time as planning permission has been obtained for a replacement dwelling and a development contract is in place.

The existing dwelling is considered to be of little architectural or historic interest and is viewed by the Building Conservation Officer as neutral in terms of the contribution it makes to the character of the Conservation Area.

Re-development of this established residential plot constitutes development of a previously developed, brownfield site within existing development limits as advocated by national planning policy guidance. It is, however, appreciated that an existing dwelling will need to be demolished to facilitate development of the replacement dwelling. There is no planning policy requirement to retain the existing dwelling other than the visual impact of the loss of the existing development on the character and appearance of the Westow Conservation Area.

Following submission of the planning application and concerns raised by officers, design amendments to the replacement dwelling have been negotiated with the agent. These related specifically to the removal of the proposed dormers and front porch which where considered to be features uncharacteristic of their surroundings. The removal of the dormers and their replacement with windows under the eaves has resulted in a further increase in the height of the existing dwelling.

Following the submission of amended plans, a further re-consultation exercise has been undertaken.

The Building Conservation Officer is now of the view that the design, siting and scale of the replacement dwelling and its subsequent impact on the character and its appearance of its conservation area surroundings is acceptable.

Increased enhancements from the development include the use of timber windows, rather than UPVC as existing, as well as the use of clay pantiles rather than the existing concrete tiled roof.

Westow Parish Council has raised no objection to the proposed development.

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PLANNING COMMITTEE

18 November 2008

The occupiers of the adjacent dwelling to the west of the application site have raised an objection to the revised plans. The objection letter is appended to this report and is summarised below:-

• Concerned regards raising the roofline of a dwelling on this site and its visual impact on its surroundings as well as cutting out daylight and overshadowing to the objector’s property.

• Loss of privacy from windows in west facing gable of replacement dwelling, particularly first floor windows but also ground floor windows.

Following the receipt of the objection letter the agent has submitted a further set of amended plans removing the first floor bedroom window in the west facing gable end of the property. The ground floor window at the northern end of the west facing elevation will serve a shower room and can be conditioned to be obscure glazed whilst the southern-most windows will serve an office and sitting room and can be satisfactorily screened by boundary measures between the two dwellings.

It should also be noted that there are ground floor windows and a door in the west facing elevation of the existing dwelling. A planning condition removing permitted development rights for the installation of any additional window openings at first floor level in this elevation is recommended.

It is acknowledged that an increase in eaves height of 2.3 metres above the existing dwelling and an increase in ridge height of 2.35 metres is proposed. The replacement dwelling will be sited further back into the site and approximately 2.5 metres to the rear of the objector’s property.

Whilst it is acknowledged that the increase in height to the replacement dwelling over and above that of the existing dwelling will have an impact on the amenities of the occupiers of the adjacent dwelling, the resulting impact is not considered to cause adverse harm and is considered to satisfy Policy H7 (iv).

The impact of the increased ridge height of the replacement dwelling on its wider surroundings has also been considered and officers have concluded that it will not detract from its conservation area surroundings. Dwelling types to the north and south of Main Street, Westow represent a variety of scale, height and designs.

It is considered that the replacement dwelling as proposed complies with the requirements of Policy H7 of the Ryedale Local Plan and there are no material planning considerations which are considered to override this compliance.

The proposed development is also considered to comply with the requirements of PPG15 ‘Planning and the Historic Environment’ because the replacement dwelling is considered to enhance its surroundings.

The recommendation is therefore one of approval subject to conditions.

National Policy Guidance - PPG15 - 'Planning and the Historic Environment' 1994 Ryedale Local Plan - Policy H7 - Residential development within settlements Ryedale Local Plan - Policy T3 - Access to the local highway network

RECOMMENDATION: Approval

1 The development hereby permitted shall be begun on or before .

Reason:- To ensure compliance with Section 51 of the Planning and Compulsory Purchase Act 2004

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PLANNING COMMITTEE

18 November 2008

2 No part of the development shall be brought into use until the approved vehicle access, parking manoeuvring and turning areas:

(i) Have been constructed in accordance with the submitted drawing (Reference D4070022/06).

Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

Reason:- In accordance with Policy T3 and to provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development.

3 No development shall commence on site until further details of finished ground floor levels in relation to a measurable datum point have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter only be carried out in accordance with the approved levels details.

Reason:- To ensure that the appearance of the area is not prejudiced and to satisfy Policy H7A (ii) and (iv) of the Ryedale Local Plan.

4 Before the development hereby permitted is commenced, or such longer period as may be agreed in writing with the Local Planning Authority, details and samples of the materials to be used on the exterior of the building the subject of this permission shall be submitted to and approved in writing by the Local Planning Authority.

Reason:- To ensure a satisfactory external appearance and to satisfy the requirements of Policy H7A (ii) of the Ryedale Local Plan.

5 The development hereby permitted shall be carried out in accordance with drawing nos. D4070022/03 Rev E and D4070022/04 Rev F as submitted and as amended on 3 November 2008.

Reason:- For the avoidance of doubt and to ensure the satisfactory development of the site in accordance with the approved plans.

6 Prior to the commencement of the development hereby permitted, the developer shall construct on site for the written approval of the Local Planning Authority, a one metre square free standing panel of the external walling to be used in the construction of building. The panel so constructed shall be retained only until the development has been completed

Reason: To ensure a satisfactory external appearance and to satisfy the requirements of Policy H7A (ii) of the Ryedale Local Plan

7 Prior to the commencement of the development, details of all windows and doors, including means of opening, depth of reveal and external finish shall be submitted to and approved in writing by the Local Planning Authority

Reason: To ensure an appropriate appearance and to comply with the requirements of Policy H7A (ii) of the Ryedale Local Plan

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PLANNING COMMITTEE

18 November 2008

8 Unless otherwise agreed in writing with the Local Planning Authority, the northern most window on the west facing elevation of the dwelling hereby approved shall be permanently fixed and non-opening and the panels shall be permanently glazed with frosted or opaque glass to a minimum of level 4 privacy rating to the reasonable satisfaction of the Local Planning Authority prior to occupation of the dwelling.

Reason:- To protect the privacy of the adjoining property, The Bungalow, in accordance with the provisions of Policy H7 of the Local Plan.

9 Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) (Amendment)(No.2) Order 2008, (or any Order revoking, re-enacting or amending that Order), no windows shall be formed at first floor level in the west facing elevation of the dwelling hereby permitted without the prior written consent of the Local Planning Authority following a specific application in that respect.

Reason:- To protect the residential amenities of the occupiers of The Bungalow, Westow and to comply with Policy H7 of the Local Plan.

Background Papers:

Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 PPS3 - 'Housing' 2006 PPG15 - 'Planning and the Historic Environment' 1994 Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008 Item Number: 10 Application No: 08/00815/FUL Parish: Cawton Parish Council Appn. Type: Full Application Applicant: Mr John Hicks Proposal: Erection of an agricultural building for the housing of livestock Location: Land South Of Peasdale Plantation Cockpit Farm Main Street Cawton York YO62 4LW

Registration Date: 1 October 2008 8/13 Week Expiry Date: 26 November 2008 Overall Expiry Date: 27 October 2008 Case Officer: Judith Vokes Ext: 329

CONSULTATIONS:

Parish Council No objection Highways North Yorkshire No objection Environmental Health Officer Recommend Conditions Howardian Hills AONB JC Conditional no objection

Neighbour letters received to date: Kirsten Pearce,

SITE:

The application site is currently open agricultural land to the south side of Main Street, Cawton. The land is outside any defined development limits and is within the Howardian Hills Area of Outstanding Natural Beauty.

Land associated with Cockpit Farm, Cawton is located to both the north and south of Main Street, Cawton. The dwellinghouse and associated agricultural buildings and yard are located to the north of Main Street and are separated from the site by the public highway (Main Street) and other buildings within third party ownership.

Access to the application site is off Main Street and along a private right of way, which the applicant advises he has right of access over.

PROPOSAL:

Full planning permission is sought for the erection of a building to house livestock.

The submitted plans show the proposed building measuring 18.30 metres in width by 24.4 in length with eaves and ridge heights of 5.5 metres and 8.75 metres respectively.

Materials proposed for the livestock building are concrete panelling to two metres in height with Yorkshire boarding to eaves. Roof panels will be corrugated fibre cement sheeting.

The proposed building will be sited to the south of an existing wooded area known as Peasdale Plantation.

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PLANNING COMMITTEE

18 November 2008

HISTORY:

08/00196/AGNOT: Erection of agricultural building for the housing of livestock (north of Main Street, Cawton) - Advised Prior Approval required and unlikely to be granted by Local Planning Authority

08/00701/AGNOT: Erection of general purpose agricultural storage building (south of Main Street, Cawton) - Prior Approval Granted

08/00726/AGNOT: Erection of agricultural building for the housing of livestock (north of Main Street, Cawton) - Planning Permission required 04.08.2008

POLICY:

National Policy Guidance

PPS1 - Delivery Sustainable Development 2005 PPS7 - Sustainable Development in Rural Areas

Regional Spatial Strategy

ENV10 Landscape

Ryedale Local Plan

Policy AG2 – New agricultural buildings Policy AG3 – Intensive Livestock Units Policy ENV2 - Development in the Howardian Hills AONB Policy ENV7 - Landscaping Policy T3 - Access to the local highway network

APPRAISAL:

The key considerations in relation to this application are:-

• whether the principle of this development is considered acceptable in the context of Policy ENV2 of the Ryedale Local Plan and PPS7 in relation to landscape impact on the Howardian Hills AONB;

• whether the proposal is considered acceptable in respect of the detailed criteria contained within Policy AG2 and AG3 of the Ryedale Local Plan;

• highway safety; and

• impact on residential amenity.

The Howardian Hills AONB has been confirmed by the Government as having the highest status of protection in relation to landscape and scenic beauty. PPS7 (paragraph 21) advises that the conservation of the natural beauty of the landscape and countryside should therefore be given great weight in planning policy and development control decisions.

Local Plan Policy ENV2 states that buildings should be of the highest standard of design and should be sited so as to integrate with the surrounding landscape

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PLANNING COMMITTEE

18 November 2008

Policy AG3 relates to proposals for the extension or establishment of existing livestock units. The policy criteria is concerned with ensuring that development is managed appropriately and that residential and environmental amenities are not harmed.

Policy AG2 of the Local Plan relates to new agricultural buildings and includes a series of detailed criteria, which must be satisfied. Of particular importance in the context of this application are:-

Policy AG2(i) - The buildings are located within or adjacent to an existing group of buildings, unless it can be demonstrated that a more isolated location is essential or appropriate. Where an isolated location is necessary, the site chosen should minimise the impact of the buildings on the character and appearance of the countryside.

Policy AG2(iii) - The buildings are of a design which is sympathetic to their surroundings in terms of their scale, materials, colour and architectural detail.

By way of background context an Application for Prior Approval under Part 6 of the Town and Country Planning (General Permitted Development) Order 1995 was submitted earlier this year. This applicant sought to allow the building to be erected without a requirement to obtain full planning permission. Due to the positioning of the proposed building within 400 metres of a dwelling house unconnected to agriculture an application for full planning permission is required.

An earlier notification in 2007 to erect a livestock building further southwards was deemed to require prior approval and at the time officers advised the application that a building in this specific location was unlikely to be approved due to its prominent visual impact on the surrounding AONB landscape.

This current planning application follows these pre-application discussions with the applicant and his agents.

In October 2008 a prior approval application for a general purpose agricultural storage building within the applicant’s existing agricultural yard to the north of Main Street, Cawton was approved. Pre- application discussions were held between officers and the applicant to consider whether a second building on the site to house livestock could be appropriate. Due to the proximity of existing residential properties it was felt that a livestock building would need to be sited to the rear (north) of the existing yard. This location raised concern in relation to the transport of animals to grazing land to the south of Main Street as well as potential visual intrusion into the AONB. Alternative locations to the south of Main Street, where livestock is currently held, were considered but the existing brick shelters on the brow of the hill were considered unsuitable and new buildings in this specific location to be visually intrusive in their AONB surroundings. These discussions have resulted in the submission of the current planning application.

The proposed building at 446.52 square metres in floor area and with an eaves and apex of 5.5 metres and 8.75 metres respectively is not considered unduly excessive in scale. Its design is considered typical of agricultural buildings across the District, including those within the AONB. The use of Yorkshire Boarding is encouraged and a dark roof material and painting of the concrete blockwork can be secured via a planning condition.

The siting of the building to the south of the existing mature wooded plantation provides screening of the site from views to the north. Views of the site from the south (minor road from Gilling East to Coulton) are screened by the existing land topography. A public right of way runs to the west of the site where views of the building will be available but these will be against the wooded backdrop, existing land topography and within an agricultural setting.

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PLANNING COMMITTEE

18 November 2008 The need for additional landscaping measures to screen the building has been given due consideration. Screening to the north is provided by the existing plantation. Views of the building from the east, south and west are more open. The wider setting of the building is that of a substantial open agricultural field with limited hedging. Whilst additional landscaping could be introduced it would not screen the building itself nor is there considered an overriding need for the building to be screened. The existing character of the site surroundings is one of openness and it is considered that any additional landscape measures, particularly across the southern or eastern site boundaries will encroach into existing agricultural land and will not significantly enhance the existing development setting. If members are, however, minded to seek further landscaping of the site a suitable planning condition can be applied.

The case officer has also carried out a site visit with the Howardian Hills AONB Officer. His response is appended to this report and summarised below:-

• No objections raised to the siting of the proposed development; • Roof materials should be of a dark grey colour, in a matt finish; • Yorkshire boarding walls should have a dark stained finish; and • Concrete walls to eastern and western elevations should have a dark coloured finish.

The Parish Council has raised no objection to the proposed development but would like to see the colour of the materials to be sympathetic to the surrounding countryside.

The local Highway Authority has advised that there are no highway objections to this planning application.

The Environmental Health Unit has also raised no objection to the development proposals. Should development be approved they have requested a planning condition aimed at protecting the local environment and amenity of residential properties.

An objection to the current planning application has been received from the occupiers of Cawton Hall to the north of the application site. This objection is appended to this report and is summarised below:-

“Planning of this nature in the AONB is to try and group new farm buildings alongside existing ones and to place them in such a way as to cause minimum disruption to the landscape. I believe, that on this basis, erection of a brand new cattle shed in this prominent position flies in the face of planning policy, especially as alternative, more suitable locations for such a building exist.”

Whilst the points raised by the objector are noted planning policy does allow for the erection of agricultural buildings outside existing clusters of buildings where it can be demonstrated that a more isolated location is essential or appropriate. In this instance, the proposed siting of the livestock building in relation to the applicant’s existing agricultural operation as well as issues of residential and visual amenity is such that the proposed development is considered to accord with Policy AG2(i).

Members will note that this planning application has been subject to pre-application discussions, which have considered and subsequently discounted other locations within the applicant’s ownership.

The proposed development is also considered compliant with the remaining criteria of Policy AG2 (ii to vii inclusive). Subject to appropriate planning conditions the development is considered to comply with the requirements of Policy AG3 in relation to residential and visual amenity as well as waste management. The natural beauty of the Howardian Hills Area of Outstanding Natural Beauty will be protected and as such the recommendation is one of approval.

The recommendation is one of conditional approval. ______

PLANNING COMMITTEE

18 November 2008

Ryedale Local Plan - Policy AG2 - New agricultural buildings Ryedale Local Plan - Policy ENV2 - Development in the Howardian Hills AONB Ryedale Local Plan - Policy ENV7 - Landscaping Ryedale Local Plan - Policy T3 - Access to the local highway network Regional Spatial Strategy - Policy E2 - Town Centres and Major Facilities National Policy Guidance - PPS1 - 'Delivering Sustainable Development' 2005 National Policy Guidance - PPS7 - 'Sustainable Development in Rural Areas' 2004

RECOMMENDATION: Approval

1 The development hereby permitted shall be begun on or before .

Reason:- To ensure compliance with Section 51 of the Planning and Compulsory Purchase Act 2004

2 Notwithstanding the details submitted to date and before the commencement of development hereby approved, details and samples of the materials to be used on the exterior of the building, ancillary equipment and hard-standing finish and colouration, the subject of this permission shall be submitted to and approved in writing by the Local Planning Authority.

Reason:- To ensure a satisfactory external appearance and to satisfy Policy AG2 and ENV2 of the Ryedale Local Plan.

3 The development shall not be brought into use until full details of all external site lighting and illumination have been submitted to and approved by the Local Planning Authority. There shall be no other lighting displayed on site thereafter, other than in accordance with the approved details.

Reason:- To ensure a satisfactory external appearance and to ensure that the development satisfies Policy AG2 and ENV2 of the Ryedale Local Plan.

4 Prior to the commencement of the use of the livestock building hereby approved, the means of storage and disposal of the resulting slurry/manure shall be submitted to and approved in writing by the Local Planning Authority and thereafter retained.

Reason:- In order to protect the local environment and the amenities of local residents and to comply with Policy AG3 of the Ryedale Local Plan.

Background Papers:

Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 PPS7 - Sustainable Development in Rural Areas Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008 Item Number: 11 Application No: 08/00915/FUL Parish: Pickering Town Council Appn. Type: Full Application Applicant: Mr Shaun Allanson Proposal: Erection of a boundary fence (1.7m maximum height lowering to 1.4m high on front boundary) and garden shed (retrospective application). Location: 2 Herongate Pickering North Yorkshire YO18 8TH

Registration Date: 6 October 2008 8/13 Week Expiry Date: 1 December 2008 Overall Expiry Date: 18 November 2008 Case Officer: Sue Harrop Ext: 276

CONSULTATIONS:

Parish Council No views received to date

Neighbour letters received to date: None

SITE:

The site lies towards the south of Pickering within the defined development limits for the settlement. The site occupies a corner plot within a densely populated residential area and is bordered by three public highways (Herongate, Goslipgate and a public footpath). The property benefits from adequate parking provision and amenity space.

PROPOSAL:

Permission is sought for the retention of a garden shed that currently lies to the northwest of the site and the retention of a boundary fence. The fence currently lies along the northern and western boundaries of the site, and currently stands at a maximum height of 1.7m. The proposal intends to reduce the height of the fence forming the western boundary to 1.4m.

The application is for retrospective planning permission following an enforcement enquiry. The application has been requested by Cllr Warriner to be heard at Planning Committee.

HISTORY:

07/00905/FUL - Erection of boundary fence (1.7m maximum height) and garden shed (retrospective application). Withdrawn

93/00145/OLD - Erection of 100 dwellings. Approved

92/00137/OLD - Residential development (site area 2.71H) Renewal of Planning Permission 3/102/262C/OA at south Vivis Lane. Approved

89/00134/OLD - Residential Development (site area 2.71H) at south of Vivis Lane, Pickering. Approved

88/00288/OLD - Outline application for residential development. Refused 04.07.88. Appeal Withdrawn

86/00243/OLD - Outline application for residential development at Goslipgate. Approved ______

PLANNING COMMITTEE

18 November 2008 POLICY:

National Policy Guidance

PPS1 - Delivery Sustainable Development 2005

Ryedale Local Plan

Policy H13 - Extensions to existing dwellings

APPRAISAL:

The main issues to be taken into consideration are: i) Character and form ii) Impact upon residential amenity i) Character and form The site lies within a densely populated residential area and occupies a corner plot, which is bordered by a public highway to the north, east and west of the site. It is acknowledged that it is difficult to protect residential amenity, privacy and security in these circumstances without a substantial means of enclosure. Along the side boundary of the site, the fence currently stands at a maximum height of 1.7m. The proposal intends to lower the fence along the western boundary to 1.4m, which forms the street frontage. Although it is considered that the overall design and scale could have been improved, it is considered that given the presence of similar fences within the immediate vicinity and the orientation of the site, the fence would not detract from the character and form of the site.

The proposal also incorporates the retention of a relatively large domestic shed. The shed currently stands to the north-western corner of the site, within the front garden area for the property. The immediate vicinity is characterised by open frontages, which create an attractive and traditional street appearance. It is considered that the shed occupies a prominent position, which would be dominant within the street scene. Although the applicant’s situation and requirements have been taken into account, it is considered that the shed is unsympathetic to and would significantly detract from the character and form of the existing dwelling and the immediate street scene. There is evidence of domestic sheds within the rear gardens of adjacent properties. Whilst it is considered that the principle of erecting a shed is acceptable, in this instance an alternative location and a smaller scale is required. ii) Impact upon residential amenity The site forms part of a dense residential area consisting of similar sized properties and amenity areas. Although the development would be prominent within the immediate vicinity, it is considered that the proposal would not detract from the levels of amenity currently experienced by the surrounding properties.

In light of the above assessment, this application is considered to be appropriate for a ‘split decision’, being an approval of the retention and alteration of the boundary fence and a refusal of the retention of the garden shed.

Ryedale Local Plan - Policy H13 - Extensions to existing dwellings

RECOMMENDATION: Partial Approve/Refuse

CONDITIONS FOR APPROVAL - Erection of a boundary fence (Retrospective)

1 Within two months of the date of the decision, the retained boundary fence to the western boundary of the site shall be lowered to 1.4m in height.

Reason:- In order to safeguard the character and appearance of the street scene. ______

PLANNING COMMITTEE

18 November 2008

REASONS FOR REFUSAL - Erection of a garden shed (Retrospective)

2 The proposed retention of the garden shed would, by virtue of its scale, design and orientation, be significantly detrimental and unsympathetic to the character and form of the existing dwelling and detrimental to the appearance of the immediate street scene. The proposal is therefore contrary to the provisions of Policy H13 (i) and (ii) of the adopted Ryedale Local Plan.

Background Papers:

Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008 Item Number: 12 Application No: 08/00917/FUL Parish: Sheriff Hutton Parish Council Appn. Type: Full Application Applicant: Mr & Mrs Bass Proposal: Erection of a porch Location: Hall Farm Barn Ashbank Lane High Stittenham York North Yorkshire YO60 7TW

Registration Date: 24 September 2008 8/13 Week Expiry Date: 19 November 2008 Overall Expiry Date: 7 November 2008 Case Officer: Jeremy Wayman Ext: 325

CONSULTATIONS:

Parish Council Highways North Yorkshire No Objection

Neighbour letters received to date: Mr & Mrs Anderson,

SITE:

The site is within the Howardian Hills Area of Outstanding Natural Beauty within the High Stittenham hamlet. The site contains a dwelling forming part of a converted range of barns formerly associated with Hall Farm. The dwelling has an open and lawned area of curtilage to the north.

PROPOSAL:

Permission is sought for the erection of an extension to the northern elevation of the dwelling. The development projects 4m from the original building and occupies a footprint of 22m2 with a height to ridge of 5m. The eaves of the proposal are 2.3m in height, some 0.7m above the height of the existing western boundary wall. The northern elevation includes windows set under stone lintels and the eastern elevation features a pair of rooflights, ground floor window and door to the garden area. The development is of stone under tile to match that of the existing dwelling with timber framed fenestration of similar appearance to the original dwelling.

HISTORY:

2003: Change of use of farm buildings to form two dwellings: Approved

2004: Change of use alteration and extension of agricultural buildings to form two dwelling (revised details to above application): Approved

2005: Erection of single storey garden room extension together with installation of 10 velux rooflights and flue: Withdrawn

2006: Installation of 6 velux rooflights and stove flue: Approved

2006: Change of use of agricultural land to form extension to domestic curtilage: Approved

2006: Erection of timber garden shed: Approved

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PLANNING COMMITTEE

18 November 2008

POLICY:

Ryedale Local Plan

Policy ENV2 - Development in the Howardian Hills AONB Policy H13 - Extensions to existing dwellings

APPRASAL:

Hall Farm Barn is a range of converted agricultural barns that is now a residential dwelling. Class A- E Permitted development rights were removed from the property as part of the original planning permission.

An objection to the proposal has been received from the occupants of a neighbouring dwelling to the west of the site. These objections are summarised as follows:

• That the extension is inappropriate in terms of its mass, scale and visual intrusiveness and will result in an overbearing and dominant feature. • That the development will have an adverse impact on the amenity of the neighbouring dwelling by having an impact on light levels reaching rooms to the eastern elevation of the objectors property and by obstructing views from the windows of the eastern elevation of the neighbouring property and therefore having an impact on the value of the objectors property • That the purpose and function of the room has been misrepresented within the application • That the development would have an adverse impact on the surroundings within the context of the location of the proposal within the Area of Outstanding Natural Beauty • That the design detail of the proposal, in particular the fenestration, is out of character with the original building.

Members will note that a previous application for an extension in this area was withdrawn in 2005. In addition the applicant sought pre-application advice and as a result the design of the proposal has been modified in response to Officer comments.

The principal considerations in assessing the proposed development against the listed development plan policies are:-

• whether the proposal is sympathetic to the character and appearance of the original property and its neighbours;

• whether the proposal has an adverse impact on the streetscene or open countryside in the area;

• whether the proposal would adversely affect the natural beauty of the landscape within the AONB; and

• whether the proposal has an acceptable impact on the amenities of the adjoining property.

The development is within the domestic curtilage of the dwelling in a relatively secluded location to the northern fringe of the hamlet. The design of the extension is of simple gable ended form which reflects that of the original building and is set down from the ridge height of the original building by 0.8m to give a subservient appearance. The materials proposed for the extension are to match the original building. Whilst for the above reasons, the form of the development is not considered inappropriate, there is concern regarding the fenestration. The area of glazing is large and does not reflect the simple form apparent on the existing barn. The result is a domestic/suburban character which is not only inappropriate in this attractive rural location, but draws attention to the building itself.

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PLANNING COMMITTEE

18 November 2008

As it currently stands by virtue of the inappropriate fenestration, the proposal is considered to be unacceptable. Negotiations are continuing in an effort to achieve a more traditional rural appearance. Members will be updated at the meeting.

The proposal site is approximately 40m from the public footpath to the west of the site and is separated from it by lines of hedging to the west. It is considered that with appropriate fenestration, the existence of boundary screening and the distance of the proposal from the highway reduces the impact of the proposal on the open countryside.

The concerns of the residents of the neighbouring dwelling in relation to amenity impact are noted above. As the objector has noted there is no right to a view in planning terms and in addition the impact on the value of a property is not a material planning consideration. A stone boundary wall of 1.7m in height demarcates the boundary between the site and the objector's dwelling and a section of the development will be visible above this in the form of the roof rising to a ridge height of 5m. There is a space of approximately 12m between the proposal and the neighbouring dwelling to the west. Whilst the proposal does represent an addition in relatively close proximity to the boundary of the site it is not considered to have a material adverse impact on the amenity of the neighbouring property which is sufficient to warrant a refusal of permission.

In summary, given the relatively small-scale of the development, the design and materials that match that existing the proposal has the basis of an acceptable scheme. However, without a successful amendment to the fenestration, the scheme is let down to a level of unacceptability.

Members will be updated at the meeting.

Ryedale Local Plan - Policy ENV2 - Development in the Howardian Hills AONB Ryedale Local Plan - Policy H13 - Extensions to existing dwellings

RECOMMENDATION: Made at the Meeting

Background Papers:

Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008 Item Number: 13 Application No: 08/00927/OUT Parish: Rillington Parish Council Appn. Type: Outline Application Applicant: S Harrison Developments Ltd (Mr A Isted) Proposal: Erection of 2no dwellings with double garages (site area 0.143ha) Location: Land To Rear Of Birtley Court Scarborough Road Rillington Malton North Yorkshire

Registration Date: 30 September 2008 8/13 Week Expiry Date: 25 November 2008 Overall Expiry Date: 14 November 2008 Case Officer: Judith Vokes Ext: 329

CONSULTATIONS:

Archaeology Section Recommend condition Highways Agency (Leeds) No views received to date Parish Council Objection Highways North Yorkshire No Objection Yorkshire Water Services No Objection

Neighbour letters received to date: Ms J Whitwell,

SITE:

The application site comprises 0.143 ha of land north of Scarborough Road, Rillington.

Access to the application site is from the A64 (Scarborough Road) Rillington and a private right of way serves the frontage dwelling and provides rear access to the dwelling to the east as well as the application site.

The southern boundary of the site lies adjacent to the existing development limit for Rillington. Therefore, whilst the private access way from the site to the A64 is within the development limits the site itself is outside the development limit.

The site, which forms a builders yard to the rear of dwellings fronting the A64, is considered to form a previously developed, brownfield site as defined by national planning policy guidance.

The site is broadly rectangular and level in area and is occupied by a substantial area of hardstanding as well as a storage building and associated paraphernalia (circa 241.5 sq m). The existing building and associated equipment will be demolished to facilitate re-development of the site.

To the south of the application site, fronting the A64, is a dwelling, previously occupied in connection with the use of the site to the rear and which also contained offices. There is a further parking area adjacent to the A64 which will be retained for use in connection with the existing dwelling. Albeit within the ownership of the applicant this building and parking / front and rear curtilage area is excluded from the application site.

To the east and west of the site are the rear curtilages of adjacent properties and to the rear (north) is open agricultural land.

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PLANNING COMMITTEE

18 November 2008 PROPOSAL:

The application is made in outline form along with the reserved matters of layout and access to be considered at this stage. A ‘Proposed Site Layout’ plan and accompanying information proposes the erection of two detached dwellings on the site accessed as existing via the private right of way, which runs from the A64 Scarborough Road to the application site.

Members should note that the Local Planning Authority is not being asked to determine whether an appropriate appearance and scale of development as well as landscaping of the site can be achieved at this stage.

The current planning application proposes two units of market housing on the site. Whilst design is not under consideration at this stage, the applicant identifies that the proposed development will comprise two detached dwellings, each with their own curtilages. A minimum of two car parking spaces will be provided for each unit.

The submitted information sets out the following development parameters:-

Approx Length Approx Width Approx Height Approx Height to Eaves to Ridge Dwelling One 11m 8.5m 5.5m 10m Dwelling Two 11m 8.5m 5.5m 10m

It is envisaged that based on the information provided by the application the dwellings could provide for three, four or even five bedroom accommodation.

POLICY:

National Policy Guidance

PPS1 - Delivery Sustainable Development 2005 PPS3 - 'Housing' 2006 PPG13 - Transport PPG16 - 'Archaeology and Planning' 1990

Regional Spatial Strategy

Policy H1 – Provision and Distribution of Housing Policy H2 - Managing and Stepping Up the Supply and Delivery of Housing

Ryedale Local Plan

Policy H7 - Residential development within settlements Policy T3 - Access to the local highway network Policy T7 - Parking Policy U2 - Availability of water supplies Policy U3 - Surface water run-off Policy U4 - Sewage disposal

HISTORY:

3/106/74/PA Outline application for the construction of a bungalow on plot to rear of builders yard Appeal Dismissed 7th October 1981

3/106/74A/PA – Construction of a dwelling with office accommodation, detached double garage and storage building at Scarborough Road, Rillington Approved 7th September 1982 ______

PLANNING COMMITTEE

18 November 2008 APPRAISAL:

This planning application raises planning policy issues that have not previously been considered by Members. Planning applications for residential development outside development limits have recently been approved by Members at Nawton / Beadlam and Sherburn. Both these sites, however, offered a quantum of development that would provide for housing mix and tenure, affordable housing provision and the opportunity for open space provision and other potential development benefits.

This current planning application is the first application before Members where the site area is such that a much-reduced level of development is proposed in comparison to the previous sites considered by Members.

For background context, Members will be aware that the Development Plan now constitutes the saved policies in the Ryedale Local Plan (2002) and the Yorkshire and Humber Regional Spatial Strategy (RSS) (May 2008). National Planning Policy Guidance set out in PPS1 and PPS3 is also considered to carry particular weight in the determination of this planning application.

As the site falls outside the development limits for Rillington a planning application for market housing is considered to be contrary to Policy H7 of the Ryedale Local Plan, which is relevant to planning applications for new residential development within existing development limits. Planning policy normally precludes new residential development outside development limits unless it can be shown to meet an essential need or is for the provision of affordable housing.

The applicant refers to Policy H9 of the Ryedale Local Plan in their supporting statement but Members will note that this is not a saved policy and therefore has not been afforded weight in the officer recommendation.

The site area and / or number of dwellings proposed under this planning application are under the threshold for the requirement to provide affordable housing and public open space provision as set out in the Council’s current policy.

Of the latest figures available (as at 1st April 2008) the Council continues not to have a five year housing supply. It equates to approximately 3.77 years supply.

Policy H2 of RSS states that planning authorities should maintain a “5 year housing supply of specific deliverable sites”. It also states that planning authorities “should adopt a flexible approach to delivery by not treating housing figures as ceilings”. However, this needs to be on the basis that the “development is focused on locations that deliver the Plan’s Core Approach and Sub-Area policies.”

Paragraph 71 of PPS3 states that “Where Local Planning Authorities cannot demonstrate an up-to- date five year supply of deliverable sites, for example, where Local Development Documents have not been reviewed to take into account policies in this PPS or there is less than five years supply of deliverable sites, they should consider favourably planning applications for housing, having regard to the policies in this PPS including the considerations in paragraph 69.”

Whilst work on the Local Development Framework (LDF) is ongoing, the continuing advice from colleagues in the Council’s Forward Planning Unit is that work is not yet at a stage where weight can be attached to it in planning decisions. However, the evidence base for the LDF including the Inspectors Report following the examination of the Core Strategy, are material considerations in planning decisions.

The Core Strategy sets out a hierarchy of settlements where future development would be acceptable in principle. This provides a more focussed development pattern in contrast to the dispersed pattern of development set out in the Local Plan. The Core Strategy classes Rillington as a ‘service village’ where a limited amount of open market development would be acceptable in principle, in recognition of its reasonable services and facilities. ______

PLANNING COMMITTEE

18 November 2008

Whilst the Core Strategy was found ‘unsound’, the Inspector agreed with the settlement strategy. The Core Strategy is now being taken forward and it is considered that the strategy will not change substantially, as considerable consultation was undertaken to establish a sustainable settlement hierarchy. In this sense, it is highly likely that a limited amount of development will take place in Rillington in the future. This is to ensure that RSS policy, in terms of focussing development to Principal Towns and Local Service Centres, would not be undermined. Any further development would need to be commensurate with the scale of Rillington, as well as the level of its facilities and services.

Clearly the decision as to whether this planning application site is suitable for residential development would ideally be made through the preparation of the LDF. However the advice from colleagues in the Council’s Forward Planning Unit continues to be that the Council is not in a position to make these decisions at this stage.

This planning application has been formally submitted to the Local Planning Authority and the formal decision of the Council now needs to be taken.

The Ryedale District 2006 Housing Needs Assessment Final Report (November 2007) concludes that across the Ryedale District an increased emphasis needs to be placed on the delivery of smaller market dwellings (1 and 2 bed dwellings). Notwithstanding this, household aspirations are for a variety of property sizes and there remains a requirement for larger (3 and 4+ bedroom properties) across the District.

Notwithstanding the identified need for market housing provision across the District the Report concludes that “there is an urgent need to continue with the affordable housing programme across Ryedale District and help diversify property types across the general market.”

It is accepted that as a result of the Council’s under supply position that the application site could come forward in the short term as housing land in accordance with paragraph 71 of PPS3 - 'Housing' 2006. It is therefore now considered appropriate to consider whether this site meets the criteria specified in paragraph 69 of PPS3.

Paragraph 69 sets out a number of criteria, which any planning application in this situation should be judged against:

• Achieving high quality housing. • Ensuring developments achieve a good mix of housing reflecting the accommodation • Requirements of specific groups, in particular, families and older people. • The suitability of a site for housing, including its environmental sustainability. • Using land effectively and efficiently.

In no particular order, the planning application is tested below against the paragraph 69 criteria set out above, along with any other material considerations, which are considered relevant to the determination of this planning application.

- Using land effectively and efficiently

Paragraph 47 of PPS3 advises that 30 dwellings per hectare should be used as a national density minimum to guide development. The need to secure effective use of the land available for housing purposes is considered to carry significant weight in the determination of this outline planning application.

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PLANNING COMMITTEE

18 November 2008 The development of two dwellings on a 0.143 ha site equates to a density of circa 14 dwellings per hectare. This is recognised as being well below the minimum 30 dwellings per hectare set out in PPS3. It is, however, considered that a higher density scheme based on the site application area would be unlikely to comply with more detailed requirements in relation to matters of appearance, layout and scale, landscaping and potentially access.

The site forms part of a wider swathe of land, which runs to the north of properties fronting Scarborough Road. This wider expanse of primarily Greenfield land runs westwards from the rear of properties fronting Low Moorgate across to the rear of dwellings off Sands Lane in the east. In the main the wider site is made up of the rear curtilages to dwellings fronting Scarborough Road.

Officers are concerned that the development of the current planning application site will unacceptably prejudice the potential for the wider site to the north of Scarborough Road to come forward for residential development. Appropriate comprehensive development of this wider site area could allow for the provision of affordable housing and public open space provision as well as the opportunity to create housing mix and tenure. It is this comprehensive form of development, which officers consider formed the rationale for identifying Rillington as a ‘service village’ when preparing the Core Strategy and accompanying evidence base. There is a real concern that allowing development of this site, in the manner proposed, could prevent the achievement of the effective and efficient use of land to the north of Scarborough Road to provide for the development requirements of Rillington.

For these reasons officers are of the view that the current planning application fails to use land effectively and efficiently as intended by paragraph 69 of PPS3.

It is understood that the site has been used as a builders yard / construction compound since the 1930’s. The site therefore constitutes previously developed, brownfield land. The applicant has advised that the site became vacant in June 2008. Development of the site would meet the policy aspirations of paragraph 26 of PPS3.

Whilst acknowledging that land forming the curtilage of developed land is defined by PPS3 as previously-developed or brownfield land it should also be noted that there is no presumption set out in PPS3 that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed.

The site has only recently become vacant. No evidence has been submitted to show that the site has been marketed for occupation by an alternative user or use. There is no specific policy requirement to retain the existing employment use of the site. The provision that this employment use makes to the diversity of land uses within Rillington as a settlement is, however, recognised as a material planning consideration in the determination of this planning application.

- Housing Mix and Layout

This is an outline planning application including reserved matters of access and layout to be considered at this stage. The applicant’s submitted documentation indicates the design principles of residential use, which will form the basis of the development of the scheme.

These parameters are set out below for Member information and should be considered in conjunction with submitted drawing ‘Proposed Site Layout’ which forms part of the formal determination of this current planning application.

Approx Length Approx Width Approx Height Approx Height to Eaves to Ridge Unit One 11m 8.5m 5.5m 10m Unit Two 11m 8.5m 5.5m 10m

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PLANNING COMMITTEE

18 November 2008

Site layout is a reserved matter, which the applicant has requested is determined at outline planning stage. A ‘Proposed Site Layout’ drawing accompanies the planning application and shows a pair of detached dwellings sited alongside each other towards the front of the site.

The indicative heights provided by the applicant suggest that the dwellings will be two-storey in height with potential living accommodation within the roofspace. They are likely to provide three, four or five bedroom accommodation.

As with the existing building the proposed development will sit to the rear of existing development. The existing pattern of development is largely characterised by frontage dwellings on Scarborough Road (the A64) with long rear gardens, paddocks and amenity space etc.

The siting of the dwellings towards the front of the site is aimed at ensuring that the proposed development does not encroach past the built development pattern fixed by the footprint of the existing building on the application site.

Rillington Parish Council has raised concerns regards ‘back fill’ development. This matter also formed part of the dismissed appeal for a single dwelling on the site in 1981. It should, however, be noted that the siting of the dwelling, subject of the previous appeal, was to the rear of the application site. This resulted in a much greater distance between existing built development fronting Scarborough Road and the proposed development.

It is acknowledged that there are various examples of similar developments, to the rear of existing frontage development in Rillington and across the District. The circumstances of this application remain that, in your officer’s opinion, this particular form of development in this specific location is inappropriate for the reasons set out elsewhere within this report.

- Residential / Visual Amenity

The planning history of the site identifies that its use as a builders yard is unrestricted through planning conditions in relation to hours of operation, vehicle movements as well as outside operations, storage etc.

There are existing residential properties in close proximity to the application site. One resident, letter appended, has wrote to support the development of the site for residential use rather than the current employment use.

Re-development of the site as per this planning application will result in the removal from the site of this employment use including the existing workshop / storage building, associated paraphernalia and extensive areas of hardstanding.

The positioning of the dwellings as shown is considered satisfactory in relation to separation distances between proposed and existing dwellings.

The existing building to the front of the application site presently screens views into the site. The impact of the proposed development on views of the site from Scarborough Road is not considered to be significantly harmed or enhanced by the proposed development.

There is a public right of way running north of the site from Sands Lane across to Low Moorgate. It is considered that there will be views into the application site from the public footpath. As a result of the planning application the open, rural views back towards the settlement will be affected by an extension of the residential / domestic development character.

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PLANNING COMMITTEE

18 November 2008

It is recognised that views of the site from the private domain (primarily the rear gardens of dwellings fronting Scarborough Road) are likely to be improved by the removal of the existing building and site usage.

- Vehicular access

There is an existing access to the site off Scarborough Road, the A64, which serves the employment use to the rear of the site as well as two existing dwellings on the road frontage.

The applicant has submitted a detailed transport statement, which concludes that there are no substantial highway reasons why planning permission should not be granted.

As access to the site is from a trunk road, the A64, the Highways Agency is the relevant consultee on highway safety matters, not the local Highway Authority.

At the time of writing this report the consultee response from the Highways Agency is awaited and it is hoped that it will be available to report verbally to the Planning Committee.

As the site falls within the 30 mph speed limit along the A64 and serves an established employment use, strengthened by the conclusion of the submitted transport statement, it is not expected that the Highways Agency will raise an objection.

It is, however, recommended that no decision be issued by the Local Planning Authority until such a time as the formal consultee response from the Highways Agency is received.

- Planning History

There is planning history on the site, which is considered relevant. A planning application for a single dwelling on land at the northern most end of the current planning application site was refused by the Council and subsequently dismissed on appeal in 1981.

The grounds for refusal centred on the creation of backland development and the subsequent impact of the proposed development upon residential amenity and relationship to the form and character of existing development.

It is not considered that the proposed layout of the two dwellings on the site will cause harm in principle to issues of residential amenity. Officers are, however, concerned that the site could be developed in a more effective and efficient manner and in a way which could deliver significant development benefits which cannot be achieved as a result of this current planning application.

- Other Material Considerations

Having regards to officers understanding of the current economic climate it is considered that the ability to deliver development is an important consideration to be taken into account in determining this planning application. The application site is within the applicant’s ownership and it is understood that this is development, which the applicant would seek to deliver in the short term.

Residential development of this site will help contribute towards the Council’s housing supply position.

Each planning application needs to be considered on its individual merits having regards to the Development Plan and any other material planning considerations in place at the time the application is determined. It is, however, realistic, to consider that whatever decision is taken on this planning application will carry weight in determining planning applications of this nature across the District, particularly in those service villages identified in the LDF. ______

PLANNING COMMITTEE

18 November 2008

Having regard to the policy criteria set out in paragraph 69 of PPS3 ’Housing’ it is concluded that the development as proposed fails to use land efficiently and effectively. Development of this site in the manner proposed could preclude the comprehensive development of the site surroundings; prejudicing the Council’s ability to deliver affordable housing, open space provision and other development benefits.

North Yorkshire Archaeology has identified that the site falls within an area of considerable archaeological interest. If Members are minded to overturn the officer recommendation and approve the application then a condition requiring the implementation of a programme of archaeological work is recommended.

RECOMMENDATION: Refusal

1 The planning application fails to comply with paragraph 69 of PPS3 'Housing' for the following reasons:-

(1) It is concluded that the development as proposed fails to use land efficiently and effectively. Development of this site in the manner proposed could preclude the comprehensive and satisfactory development of the site surroundings, prejudicing the Council's ability to deliver affordable housing and open space provision and other development benefits. (2) Relationship of proposed development to form and character of existing development.

Background Papers:

Adopted Ryedale Local Plan 2002 Regional Spatial Strategy PPS1 - Delivery Sustainable Development 2005 PPS3 - 'Housing' 2006 PPG16 - 'Archaeology and Planning' 1990 Responses from consultees and interested parties

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PLANNING COMMITTEE

18 November 2008