BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM : LIST OF PLANS. DATE: 28 August 2007

PLAN: 06 CASE NUMBER: 07/03600/FUL GRID REF: EAST 439132NORTH 451562 APPLICATION NO. 6.135.8.B.FUL DATE MADE VALID: 10.07.2007 TARGET DATE: 04.09.2007 CASE OFFICER: Mr Pat Sutor WARD: Ribston

VIEW PLANS AT: http://tinyurl.com/2wkys7

APPLICANT: DA-JO

AGENT: Dobson Building Ltd.

PROPOSAL: Erection of detached dwelling with new vehicular access (Site Area 0.05ha) (Revised Scheme).

LOCATION: 4 Knaresborough Road North Deighton North LS22 4EL

REPORT

SITE AND PROPOSAL Number 4 is the northernmost of two pairs of substantial semi-detached houses on Knaresborough Road (B6164), going south out of North Deighton. All four houses were probably originally council houses, from the mid twentieth century. All have wide gardens, and are laid out in a spacious way with a total frontage of about 95 metres. Their height is given as 8.5 metres. The gap between numbers 2 and 3 is 25 metres.

The application site is flat. It includes the house Number 4 itself. The width of the proposed plot from the existing house to the northern boundary is just under 17m, and 22m deep. At its northern end is a detached garage, vehicle access and a mature ash tree. It has hedging about 1.5 metres high to its front and north sides.

North of the site are two detached bungalows. First is Hawthorn Cottage. The total gap between Number 4 and Hawthorn Cottage is 25 metres. Further north is Appletree House, which is higher and has an upper floor illuminated by a large dormer window. Both are noticeably lower then the semi-detached houses. Their heights have been estimated as about 5.5 m for Hawthorn Cottage and 6m for Appletree House.

The site is within the North Deighton Conservation Area. The village has no inset map or defined development limits.

The application follows a refusal in May, described later in the Site History section.

The proposal is now for a three-bedroom, detached house. It would be about 6.8m high. The main part of the house would be 9.0m long. It would have an attached garage.

Materials would coursed stone for the walls and double Roman concrete roof tiles. There would be on-site parking including a turning head. The existing access would serve the northernmost house. A new access would be constructed to be shared by the other proposed house and the existing Number 4.

The tree is shown for retention.

A short Access & Design Statement has been submitted. It describes the proposal and explains that there would be no windows in the gable ends which might overlook neighbours.

MAIN ISSUES 1. Housing Policy 2. Conservation Area Location 3. Impact on Neighbours 4. Open Space

RELEVANT SITE HISTORY 6.135.8.A.FUL - A proposal for a pair of semi-detached houses by this applicant, was refused on 22 May 2007. The reasons were being out of scale and keeping with this location. Further discussions followed before the current application was submitted.

There were also two sets of pre-application inquiries. The first, September 2006 about an extension to the existing house, was supported in principle.

There were six inquiries early this year, before the auction of the site. All were inquiries about residential development, including one from the applicant. He was told in a letter of 22 February 2007 that a new dwelling would have "some chance" of receiving planning permission. However a categorical opinion could not be given because the site was not within development limits and because the rhythm of the development would be affected. In addition, development would need to be in keeping with the conservation area.

CONSULTATIONS/NOTIFICATIONS

Conservation and Design Section See Assessment of Main Issues

Yorkshire Water Requests 4 conditions

NYCC Highway Authority Does not object - recommends 3 conditions

DCS - Open Space (Brandreth) Requests commuted sum of £2,638.11 being £1,046.96 for enhancement of Open Space at various locations in North and and £1,591.15 for Village Hall.

Claro Internal Drainage Board No comment

Parish Council NORTH DEIGHTON

RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Development PPS03 Planning Policy Statement 3, Housing PPG15 Planning Policy Guidance 15, Planning and the Historic Environment SPE4 County Structure Plan Policy E4 SPH1 North Yorkshire County Structure Plan Policy H1 LPHD03 Harrogate District Local Plan (2001, as altered 2004) Policy HD3, Control of development in Conservation Areas LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPA01 Harrogate District Local Plan (2001, as altered 2004) Policy A1, Impact on the Environment and Amenity LPH06 Harrogate District Local Plan (2001, as altered 2004) Policy H6, Housing developments in the main settlements and villages LPHX Harrogate District Local Plan (2001, as altered 2004) Policy HX, Managed Housing Site Release LPIMP2 Harrogate District Local Plan (2001, as altered 2004) Policy IMP2, Provision of Infrastructure Needs Generated by Development

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 10.08.2007 PRESS NOTICE EXPIRY: 10.08.2007

REPRESENTATIONS NORTH DEIGHTON PARISH COUNCIL - No objections

OTHER REPRESENTATIONS - 1 letter of objection from Appletree House. Points raised:

Effect on Conservation Area. Visual detriment from new vehicle access. Questions feasibility of retaining tree. Would harm views from his house (NB, not a consideration in planning law)

VOLUNTARY NEIGHBOUR NOTIFICATION - None

ASSESSMENT OF MAIN ISSUES 1. HOUSING POLICY - Policy H6 permits new housing in settlements. All town and larger villages are named in the Policy, but it also covers, under C, "....other small settlements with well defined built - up confines...." Here, development is restricted to infilling only.

It is considered that the proposal meets both these requirements.

Policy HX specifies the types of housing development which will be allowed in the plan area. It includes previously developed or Brownfield sites, for less then 10 units. As a garden, the site is defined as Brownfield.

The proposal is therefore acceptable in principle, subject to site specific considerations.

2. CONSERVATION AREA LOCATION - Local plan policy HD3 states that development with

"adverse effect on the character or appearance of a conservation area will not be permitted"

Policy HD3 amplifies Structure Plan Policy E4 and reflects PPG15

In addition, Local Plan Policies HD20, A1 and H6 variously require new development to respect the landscape setting, scale, proportion, layout and design of its surroundings.

This part of the conservation area is characterised by low-density development. As mentioned the two pairs of semi-detached houses are set in large gardens. The two detached cottages at the north are also low density.

The change from a pair of semi-detached dwellings to a single house results in a smaller structure, in better keeping with the conservation area. The coursed stone proposed for the walls also complements the conservation area. Concrete tiles are proposed. Indeed, the two neighbouring dwellings have concrete tiles. However, it is recommended that clay pantiles or slate be used instead of concrete tiles because of the conservation area location. This would be visually preferable, in line with Policy HD3. It is noted that roof materials on either of the adjoining properties could be improved.

3. IMPACT ON NEIGHBOURS - Local Plan Policies HD20 and A1 variously require new development to respect the residential amenity and privacy of neighbours. Problems in respect of this are not anticipated, notwithstanding the letter of objection.

4. OPEN SPACE - By Policy IMP2,

"the Borough Council will expect developers to provide for all ...... open space and community facility needs generated directly by the development, either on-site or off- site".

The Council has written to the applicant about the commuted sum request.

CONCLUSION

The proposal is acceptable in terms of housing policy and impact on neighbours and, now, in its impact on the North Deighton conservation area.

CASE OFFICER: Mr Pat Sutor

RECOMMENDATION

That the application be APPROVED subject to the following conditions:-

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

2 Notwithstanding the submitted proposals for concrete roof tiles, traditional materials such as clay pantiles or slate should be used for the roof. Samples of the materials it is intended shall be used externally in the construction of the roof and walls of the development hereby approved, shall be submitted for the written approval of the Local Planning Authority and the development shall not be started before any such approval.

3 Large scale details of all proposed windows and doors shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the works shall be carried out in accordance with the approved details.

4 The window frames of the development hereby permitted shall be constructed in timber and no other materials shall be used without the prior written consent of the Local Planning Authority.

5 Prior to the commencement of any other part of the development hereby permitted, the access or accesses to the site shall be laid out and constructed in accordance with the following requirements

1c the crossing of the highway verge and or footpath shall be constructed in accordance with the approved details and or Standard Detail number E6a and the Specification of the Local Highway Authority,

2 any gates, barriers or other means of enclosure shall be erected a minimum distance of 6 metres back from the carriageway of the existing highway and shall open into the site,

3 that part of the access or accesses extending 6 metres into the site from the carriageway of the existing highway shall be at a gradient not exceeding 1 in 10,

4 that part of the access or accesses extending 6 metres into the site from the carriageway of the existing highway shall be made up and surfaced in accordance with the approved details and or Standard Details number E6a and the Specification of the Local Highway Authority,

5 provision shall be made to prevent surface water from the site or plot discharging onto the existing or proposed highway in accordance with the approved details and or Standard Detail number E6a and the Specification of the Local Highway Authority.

NOTE You are advised that a separate licence will be required from the Local Highway Authority in order to allow any works in the adopted highway to be carried out. The local office of the Local Highway Authority will also be pleased to provide the detailed constructional specification referred to in this condition.

6 Prior to the first use of the development the vehicular access, parking and turning facilities shall be formed in accordance with the submitted drawing [Reference P-3]. Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

7 Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995, or any subsequent Order, the garage(s) shall not be converted into a habitable room(s) without the express written approval of the Local Planning Authority.

8 No building or other obstruction shall be located over or within 3 metres of the line of the sewer.

9 The site shall be developed with separate systems of drainage for foul and surface water.

10 No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been approved by and implemented to the reasonable satisfaction of the Local Planning Authority.

11 No piped discharge of surface water from the application site shall take place until the surface water drainage works approved under the foregoing condition have been completed.

Reasons for Conditions:-

1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990. 2 In order to ensure that the materials used conform to the amenity requirements of the locality. 3 In order to ensure that the materials used conform to the amenity requirements of the locality. 4 In the interests of visual amenity. 5 To ensure a satisfactory means of access to the site from the public highway, in the interests of vehicle and pedestrian safety and convenience. 6 To provide for appropriate on-site vehicle parking facilities with associated access and manoeuvring areas, in the interests of highway safety and the general amenity of the development. 7 To ensure the retention of adequate and satisfactory provision of off-street accommodation for vehicles generated by occupiers of the dwelling and visitors to it, in the interest of safety and the general amenity of the development. 8 In order to allow sufficient access for maintenance and repair work at all times. 9 To prevent pollution of the water environment. 10 To prevent pollution of the water environment. 11 To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system.