List Number 1 21 May 2020 North York Moors National Park Authority Hambleton District App No. NYM/2018/0039/FL Parish: Coxwold Proposal: construction of 4 no. dwellings with associated access, parking, garage/car ports, amenity space and landscaping works Location: land to the west of Byland Road, Coxwold Applicant: Newburgh Priory Estate, fao: Mr Stephen Wombwell, c/o agent Agent: Savills UK Ltd, fao: Miss Lucy Stephenson, Savills, Ground Floor City Point, 29 King Street, Leeds, LS1 2HL Date for Decision: 28 March 2018 Grid Ref: 453545 477273 Director of Planning’s Recommendation Approval subject to the following conditions and an appropriate Section 106 Agreement/Unilateral Undertaking to ensure that the affordable housing proposed under application no. NYM/2018/0037/OU is completed prior to the commencement of this development, that all profits made from this development are invested back into the maintenance of the Newburgh Priory Estate, and that the applicants undertake the repairs required to the culvert: 1. TIME01 Standard Three Year Commencement Date 2. PLAN01 Strict Accordance With the Documentation Submitted or Minor Variations – Document No’s Specified 3. RSU00 The dwelling units hereby permitted, shall be used as principal residential dwellings (Class C3) and for no other purpose including any other use in Class C of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). The properties shall be the only or principal home of the main occupant and they shall be occupied by the main occupant for at least 80% of the calendar year in the event that the main occupant occupies more than one property. The properties shall not be occupied by the main occupant as a second home. The occupants shall supply to the Local Planning Authority (within 14 days of the Local Planning Authority's request to do so) such information as the local planning authority may reasonably require in order to determine compliance with this condition. For the avoidance of doubt the properties shall not be used as single units of holiday letting accommodation. 4. WPDR01 Withdrawal of all PD Parts 1 & 2 and 14 Classes A to I (excludes Classes D-F) 5. RSUO04 Domestic Outbuildings – No Conversion to Accommodation – Inside Villages 6. GACS07 External Lighting – Submit Details 7. MATS02 Stone and Tiles to be Approved 8. MATS06 Stone Panel 9. MATS22 Pointing – New Development – Standard Mix 10. MATS30 Doors – Details of Construction to be Submitted 11. MATS40 Detailed Plans of Window Frames Required 12. MATS54 Trickle Vents Shall Not be incorporated into Windows Page 2 List Number 1 Application No: NYM/2018/0039/FL Conditions Continued 13. MATS00 The lintels and cills of all new windows hereby approved, together with any replacement lintels and cills, shall be of natural or reclaimed stone and shall be maintained in that condition in perpetuity. 14. MATS62 Window/Door Frames to be Painted Wood (white) 15. MATS70 Guttering Fixed by Gutter Spikes 16. MATS72 Black Coloured Rainwater Goods 17. MATS73 External Fixtures 18. DRGE01 Surface Water and Foul Drainage Details 19. HWAY06 Discharge of Surface Water 20. HWAY07 Private Access/Verge Crossings: Construction Requirements 21. HWAY00 No part of the development shall be brought into use until the approved vehicle parking, manoeuvring and turning areas have been constructed in accordance with the submitted drawing (ref. Proposed site plan dwg. 105 Rev E). Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times. 22. HWAY17 Garage Conversion to Habitable Room 23. HWAY18A Precautions to Prevent Mud on the Highway 24. HWAY24 On-site Parking, On-Site Storage and Construction Traffic During Development 25. LNDS14 Tree Survey Submitted 26. LNDS00 Prior to the commencement of the development hereby approved full details of the positon and final specification of the cellular confinement tree protection system shall be submitted to and approved in writing by the Local Planning Authority. 27. MISC00 Prior to a commencement being made on the construction of the external walls of the development hereby approved, details shall be submitted to and approved in writing of the location of artificial bat roosts and bird boxes and where they will be incorporated within the fabric of the building. The roosts and boxes shall be installed prior to the completion of the development in accordance with the approved details and thereafter be so maintained 28. DRGE00 The development shall not commence until details of finished floor levels of the development hereby approved have been submitted and approved in writing by the Local Planning Authority. Finished Floor Levels of the dwellings should be set 300mm above adjacent ground levels. The development shall be carried out in accordance with the approved scheme satisfying this condition. Informatives 1. The proposed entrance to the development is partially along Public Footpath 404004 which raises concerns for the continued safe use for walkers during and post construction. Consequently no works are to be undertaken which will create an obstruction, either permanent or temporary, to the Public Right of Way adjacent to the proposed development. Applicants are advised to contact the County Council’s Access and Public Rights of Way Manager at County Hall, Northallerton on 0845 8 727374 to obtain up-to- date information regarding the line of the route of the way. The applicant should discuss with the Highway Authority any proposals for altering the route. 2. Section 106 Agreement Page 5 List Number 1 Application No: NYM/2018/0039/FL Consultations Parish – 5/3/2019 – Support in principle with the following reservations:- • Height should be kept to a minimum as views across the rear to Thirsk Bank and several listed properties should be preserved. Dwellings should therefore be single storey or chalet-bungalow, the latter being more likely to attract young families. • Should be due diligence in addressing and resolving flooding problems. 10/5/2019 – Supports the application providing the flood risks are fully addressed. 14/6/2019 – Supports the revised planning application on this site with the reservation that a flood risk assessment is carried out as recommended and an assurance that any potential developer would pay due diligence in addressing the problems experienced in the past due to flooding. 10/12/2019 – No objections but one councillor would like the hedgerow to remain complete. 4/2/2020 – Thank you for the opportunity to comment on the amended details for this proposed development. The majority decision of Coxwold Parish Council is to support the application. • Coxwold Parish Council has consistently supported limited housing development in the village. It takes the view that the village needs more young families who need houses to live in. • It has consistently supported this proposed development and there has been a positive response to all requested changes and all questions posed have been positively answered. • The proposed site is no longer rented out as an allotment by Newburgh Priory. Had this been the case when CPC response to the Local Plan was prepared it would have been considered for inclusion for housing development. Ward Member – Highways – 27/4/2018 – No objections subject to conditions 14/2/2018 – Environmental Health – No significant impact on local amenity so no objections or recommendations. 29/01/2020 – No objections - considered the potential impacts on amenity and likelihood of the development to cause a nuisance and consider that there will be no negative impact. Lead Local Flood Authority – 18/11/2019 - The FRA identifies various issues relating to the culvert, in particular the sizing of the pipe. There are also sections of pipe with back fall and a collapsed outfall. These issues are noted in the FRA and recommends that the culvert and watercourse are repaired. However the affected areas are outside of the development extent and therefore assets become the responsibility of a 3rd party landowner/s. By its own admission the Flood Risk Assessment states that flood risk due to structural failure, including blockage has not been addressed. To add to this the LLFA would say that the risk as a consequence of the undersized pipe has not been satisfactory assessed either. Page 6 List Number 1 Application No: NYM/2018/0039/FL Consultations continued The applicant should assess the exceedance flows from the culvert as a result of being under capacity and therefore recommends that further assessment is required. Finally, further to previous comments, although the site does not require a formal suds system as required by the NPPF, the LLFA still requires the applicant to demonstrate how surface water will be dealt with on site. 13/03/2019 - The submitted information from Brian Smith (MET Consultancy Group) appears to ask further question of the planning consultants rather than provide any meaningful solution to the flood risk and drainage issues. Having reviewed Paul Tweeds comments I maintain the LLFA’s position that insufficient information has been provided on this application. 09/03/2020 – The LLFA has no objection to the application subject to the following condition being applied to any permission granted. Have reviewed the following additional information submitted by the applicant: • Flood Risk Assessment/Site at Byland Road, Coxwold, Curtins Ref: 072809-CUR-00-XX- RP-C-92001, Revision V01, 30th September 2019 • Exceedance Flow Routes, Curtins Ref: 072809-CUR-XX-XX-DR-C-9200-P01, Revision P01 Dated 22nd January 2020 In addition to the above, we have also reviewed the third party responses by the local residents. In particular, those responses that provide photographs of recent flooding events. This application is considered a minor application, and would not normally be commented on by the NYCC in its capacity as Lead Local Flood Authority.