HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 9 May 2006 PLAN: 06 CASE NUMBER: 06/00893/OUT GRID REF: EAST 430470 NORTH 464698 APPLICATION NO. 6.52.50.D.OUT DATE MADE VALID: 23.02.2006 TARGET DATE: 20.04.2006 WARD: Bishop Monkton VIEW PLANS AT: http://tinyurl.com/l8ve8 APPLICANT: Mr A Ferdinand AGENT: Arch-Tech Design PROPOSAL: Outline application for the erection of dwelling with access considered. (Site Area 0.04 ha) LOCATION: Park House Ripon Road Wormald Green Harrogate North Yorkshire HG3 3NQ REPORT SITE AND PROPOSAL Wormald Green is a linear village sited along the A61 Ripon Road. Park House is a semi-detached property with Glendale accessed via a narrow drive off Ripon Road, the application site is the side garden to Park House. The application is for the erection of a dwelling on the side garden. Park House is a red brick and white rendered property with an existing two-storey side extension, the side garden is at a higher level with its ground level approximately 1m higher than the level at which the house and extension is built. The garden has a 1.8m high fence to the rear with Highway House and a high conifer hedge to the west beyond which are fields. The side garden is on the former Harrogate to Ripon railway line. MAIN ISSUES 1. Policies/Principle 2. Impact on the Character of Village and Countryside 3. Highways, Access and Parking 4. Provision of Off-Site Open Space RELEVANT SITE HISTORY Erection of a first floor extension over existing single storey side extension and erection of single storey rear extension. Approved 6.10.2003 CONSULTATIONS/NOTIFICATIONS Parish Council Markington With Wallerthwaite Ripon Railway Re-Instatement Association Objection, proposed building is on the track bed of the disused Harrogate to Ripon railway, Local Plan policies seek to safeguard the route for cycle paths and the possible re-instatement of the railway line between Harrogate and Ripon. Strategic Rail Authority No comments received NYCC Highway Authority No Objections subject to conditions. EHO Contaminated Land (Springfield) No objections in principle, however there may be some land contamination from the previous use as the railway line. Recommend a Phase I survey, with a Phase II report if necessary. APPLICATION PUBLICITY SITE NOTICE EXPIRY: 24.03.2006 PRESS NOTICE EXPIRY: 24.03.2006 REPRESENTATIONS MARKINGTON WITH WALLERTHWAITE PARISH COUNCIL Objection 1. The members consider that this is back land development and sets a precedent. 2. It is outside of the perceived building line. 3. The proposed dwelling is on the old railway line and lies on the route of the proposed reintroduction of the railway between Ripon and Harrogate. OTHER REPRESENTATIONS None VOLUNTARY NEIGHBOUR NOTIFICATION Yes Glendale Highway House Date Notice Served 22.2.2006 RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Development PPS7 Planning Policy Statement 7: Sustainable Development in Rural Areas PPG13 Planning Policy Guidance 13: Transport SPE2 North Yorkshire County Structure Plan Policy E2 SPH5 North Yorkshire County Structure Plan Policy H5 LPC02 Harrogate District Local Plan (2001, as altered 2004) Policy C2: Landscape Character LPC15 Harrogate District Local Plan (2001, as altered 2004) Policy C15: Conservation of Rural Areas not in Green Belt LPH06 Harrogate District Local Plan (2001, as altered 2004) Policy H6: Housing developments in the main settlements and villages LPH07 Harrogate District Local Plan (2001, as altered 2004) Policy H7: Housing development in the countryside LPT22A Harrogate District Local Plan (2001, as altered 2004) Policy T22A: Measures to promote cycling LPA01 Harrogate District Local Plan (2001, as altered 2004) Policy A1: Impact on the Environment and Amenity LPR04 Harrogate District Local Plan (2001, as altered 2004) Policy R4: Open Space Requirements for New Residential Development ASSESSMENT OF MAIN ISSUES 1. POLICIES/PRINCIPLE- Under Policy H6 Wormald Green is defined as a small settlement, new residential development is only accepted where it is within the well defined built-up confines and constitutes infilling only. The application site is beyond the built-up confines of the village therefore any new must be considered under Policy H7. Policy H7 is permissible to new dwellings only where they are essential to the needs of agriculture, forestry or where there is special justification, there is no such justification is this case. In addition the application site is on the track bed of the former Harrogate to Ripon railway, under Policy T22a criteria b) former railway lines are safeguarded for cyclepaths. In addition to this there may be potential for the re-instatement of the Harrogate to Ripon railway line in the future. The Ripon Railway Re-Instatement Association have advised that the recent Harrogate to Ripon Railway Study Phase 2 gives this particular section of the route as one option for future relaying. 2. IMPACT ON THE CHARACTER OF VILLAGE AND COUNTRYSIDE- Wormald Green is a linear village running along the A61, the southern end of the village is sited to the west of the A61 with existing housing between the road and the track bed of the former Harrogate to Ripon railway line. The proposed dwelling is beyond the built-up confines of the village and on the track bed, further residential encroachment into the countryside would be detrimental to the character and setting of the village with no special justification of need. 3. HIGHWAYS, ACCESS AND PARKING- The Highway Authority has no objections to the proposals and recommends that if permission were granted, that a condition is added to ensure adequate on-site car parking provision. 4. PROVISION OF OFF-SITE PUBLIC OPEN SPACE- If permission were granted, under Policy R4, a condition would be required to ensure the payment of a commuted sum for the provision of adequate off-site public open space. CONCLUSION - The proposed development is contrary to the policies in the Harrogate District Local Plan; the application site is outside of the built-up confines of the village resulting in further encroachment into the countryside, with no special justification of need, contrary to Policies H6 and H7. In addition the application site is on the track bed of the former Harrogate to Ripon railway line, which is safeguarded under Policy T22a for either a cycle way or the possible re-instatement of the railway line in the future. This application is therefore recommended for Refusal. CASE OFFICER: Mrs J Lurcuck RECOMMENDATION That the application be REFUSED. Reason(s) for refusal:- 1 The site of the proposed dwelling is outside of the built-up confines of Wormald Green with no special justification of need, contrary to Policy H5 of the North Yorkshire County Structure Plan and Policies H6 and H7 of the Harrogate District Local Plan which seek to protect the character and setting of villages and protect the surrounding countryside from further encroachment. 2 The proposed dwelling is sited on the former Harrogate to Ripon railway line which is safeguarded under Policy T22a of the Harrogate District Local Plan for either a cycle way or the possible re-instatement of the railway line. .