HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 12 August 2008 PLAN: 05 CASE NUMBER: 08/02924/FUL GRID REF: EAST 444250 NORTH 463137 APPLICATION NO. 6.72.86.A.FUL DATE MADE VALID: 27.06.2008 TARGET DATE: 22.08.2008 CASE OFFICER: Mrs L Drake WARD: Claro VIEW PLANS AT: http://tinyurl.com/5lr8q3 APPLICANT: Mrs J Smith And Mrs C Shillcock AGENT: PCP Architects Ltd PROPOSAL: Erection of 1 detached dwelling (site area 0.06ha) LOCATION: Covey House Upper Dunsforth York North Yorkshire YO26 9RU REPORT SITE AND PROPOSAL The site comprises an area of land sited between Covey House and Hill Top Farm, 33m wide and 18m deep. The land comprises a paddock of rough grass marked out for grazing. There is a small brick and pantile building to the side. To the rear is a modest boundary hedge leading to a field, which slopes away from the site. To the front boundary is a brick and cobble wall, with access to the site from Main Street. There is a dwelling either side of the site. Planning permission was refused in 2006 for the erection of a dwelling on this site as the proposal was contrary to Policy HX and as the design was unacceptable. This is a revised proposal for a five-bedroom dwelling on the site to be constructed from brick and pantile. An attached double garage is proposed to the side. The dwelling would be set back from the front boundary wall by 2.6m. The wall is shown for retention. MAIN ISSUES 1. Policy/Principle 2. Design 3. Residential Amenity 4. Highways 5. Open Space RELEVANT SITE HISTORY 6.72.86.FUL - Erection of dwelling and detached garage. REF. 28.02.2006 1. The application site is a paddock that has not been brought into the domestic curtilage of the properties either side and as such under PPG3 is not classed as previously development land but land that has been used for agricultural purposes. It is therefore a Greenfield site and as no exceptional circumstances have been shown does not comply with Policies HX and H6 of the Harrogate District Local Plan. 2. The design and appearance of the proposed dwelling is unacceptable and out of keeping with the village, contrary to policies HD20 and H6 of the Harrogate District Local Plan. CONSULTATIONS/NOTIFICATIONS Parish Council Upper Dunsforth Environment Agency No objections. DCS - Open Space (Brandreth) Comments awaited. NYCC Highway Authority Comments awaited. RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Development PPS03 Planning Policy Statement 3, Housing LPHD06 Harrogate District Local Plan (2001, as altered 2004) Policy HD6, Historic Battlefield Sites 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 LPIMP2 Harrogate District Local Plan (2001, as altered 2004) Policy IMP2, Provision of Infrastructure Needs Generated by Development SPDHSE Supplementary Planning Document: House Extensions and Garages Design Guide APPLICATION PUBLICITY SITE NOTICE EXPIRY: 08.08.2008 PRESS NOTICE EXPIRY: 08.08.2008 REPRESENTATIONS UPPER DUNSFORTH PARISH COUNCIL - Comments awaited. OTHER REPRESENTATIONS 1 letter of comment has been received. The comments are: - architecture more suburban than village, examples of similar properties in the village are also poor. The site notice expires on 08.08.08. Any representations received after that date will be reported to planning committee as part of the update. VOLUNTARY NEIGHBOUR NOTIFICATION None. ASSESSMENT OF MAIN ISSUES 1. POLICY/PRINCIPLE - Since the previous application Policy HX has been deleted from the Local Plan and therefore saved Policy H6 is the principle policy upon which to assess the proposal. Under Policy H6 Upper Dunsforth is an unlisted smaller settlement generally lacking in basic services and facilities and public transport, with significant built form and well defined built confines. Criterion C of the policy permits residential development within these smaller settlements so long as it constitutes infilling only. Infilling is further defined by the policy as "the filling of a small gap in an otherwise substantially built-up frontage". It is considered that the application site meets the definition of an infill plot under that policy and complies with policy H6. 2. DESIGN - The proposed dwelling is wide and narrow and is typical of other dwellings within the settlement. The design is in keeping with its village setting. The proposal complies with the House Extensions and Garages Design Guide and policies HD20 and A1. 3. RESIDENTIAL AMENITY - It is not considered that there would be any detriment to the residential amenity of Covey House. The proposed dwelling would lie 4.m from the side of Hill Top Farm, which has two windows on the side elevation and an outbuilding on the boundary to the rear. The proposed dwelling would also project to the rear of that dwelling by 1.8m. The amount of projection would be acceptable under the House Extensions and Garages Design Guide, if it was taken that the dwelling already existing and it was to be extended. It is not considered therefore that there would be any detriment to the residential amenity of the occupants of Hill Top Farm. 4. HIGHWAYS - The comments of North Yorkshire County Council Highways are awaited however they raised no objection to the previous proposal subject to the upgrading of the existing access. On that basis it is not expected that there will be any highway objections to the proposal. 5. OPEN SPACE PAYMENT - A commuted sum for the provision of open space in connection with the development is required however the calculation has not yet been received. Subject to the signing of a unilateral undertaking the proposal will comply with policy IMP2. CONCLUSION The proposed development is considered to be acceptable and complies with Saved Policies H6, HD20, A1 and IMP2. CASE OFFICER: Mrs L Drake RECOMMENDATION That the application be APPROVED subject to the following conditions:- 1 The development hereby permitted shall be begun on or before 3 years. 2 The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details, as amended by letter and or drawings received by the Council of the Borough of Harrogate on the and as modified by the conditions of this consent. 3 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. 4 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 0813-01B]. Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times. 5 The boundary wall to the front of the site shall be retained fir the life of the development unless otherwise agreed in writing with the Local Planning Authority. 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 development is carried out in accordance with the approved drawings. 3 In order to ensure that the materials used conform to the amenity requirements of the locality. 4 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. 5 In the interest of visual amenity. .