_________________________________________________________________________ Town and Country Planning Act 1990 – Section 78 Appeal Appeal by Moto Hospitality Limited Land Comprising Field at 435074 475842, Hutton Conyers, North Yorkshire Against the Refusal of Planning Permission by Harrogate Borough Council on the Outline Application for: “Construction of new Motorway Service Area ("MSA") to comprise: amenity building, lodge, drive thru coffee unit, associated car, coach, motorcycle, caravan, HGV and abnormal load parking and a fuel filling station with retail shop, together with alterations to the adjacent roundabout at Junction 50 of the A1(M) to form an access point and works to the local highway network. Provision of landscaping, infrastructure and ancillary works.” Application Reference: 18/02713/EIAMAJ Appeal Reference: APP/E2734/W/20/3261729 Proof of Evidence AFR Collins – January 2021 AFR COLLINS MRICS MRTPI MCIT MILT MEWI T 01376 538533 Collins & Coward Ltd M 07825 633573 The Courtyard F 01376 563240 9A East Street E [email protected] Coggeshall W www.collinscoward.co.uk Essex CO6 1SH _________________________________________________________ Motorway Service Area Junction 50 of A1(M) Proof of Evidence of AFR Collins Moto Hospitality Ltd Collins & Coward Ltd __________________________________________________________________________________ CONTENTS 1 PERSONAL INTRODUCTION AND SCOPE OF EVIDENCE 2 INTRODUCTION 3 THE SITE AND SURROUNDING AREA 4 THE PLANNING HISTORY & ENGAGEMENT (i) Planning History (II) Pre-Application Engagement (iii) Post-Application Engagement 5 THE APPEAL PROPOSALS (i) Introduction (ii) The Development of the Site 6 THE DEVELOPMENT PLAN AND OTHER POLICY CONSIDERATIONS (i) The Harrogate District Local Plan 2020 (ii) The National Planning Policy Framework 2019 (iii) Circular 02/2013 (iv) Landscape Character Area 7 ALTERNATIVE SITES ASSESSMENT 8 WHAT ARE THE BENEFITS? 9 ASSESSEMENT OF THE COMMITTEE REPORT AND DECISION NOTICE 10 ISSUES RAISED BY THIRD PARTIES 11 MATTER RAISED BY APPLEGREEN 12 PLANNING BALANCE APPENDICES ARC1 – Note of Pre-application Meeting with Harrogate Council ARC2 – 2012 Landscape Master Plan for Baldersby Gate ARC3 – UK MSAs ARC4 – A1(M) Passing Traffic ARC5 – Lodge Survey ARC6 – Net Gain for Biodiversity Comparison ARC7 – Comparative Assessment of Job Creation ARC8 – Access Distances for each MSA Access __________________________________________________________________________________ 2 | P a g e Motorway Service Area Junction 50 of A1(M) Proof of Evidence of AFR Collins Moto Hospitality Ltd Collins & Coward Ltd __________________________________________________________________________________ 1 PERSONAL INTRODUCTION AND SCOPE OF EVIDENCE 1.1 I am Anthony Francis Richard Collins MRICS MRTPI MCIT MILT MEWI. 1.2 I am a Member of the Royal Institution of Chartered Surveyors, a Member of the Royal Town Planning Institute, a Member of the Institute of Logistics, a Member of the Chartered Institute of Transport, and a Member of the Expert Witness Institute. I have in the past been a member of the RTPI’s Consultancy Panel advising the Institute on consultancy matters. 1.3 I am the Managing Director of my Company, Collins and Coward Ltd, planning and development consultants which I established with fellow directors in January 2007. Prior to that I was a Director with CGMS for a period of two years and immediately prior to that I was a Director and Head of Planning and Development at Atisreal (formerly Weatherall Green & Smith) where I was employed for 18 years. I started my career as a town planner with Basildon Development Corporation and the New Towns Commission in 1977. 1.4 Throughout my 43-year career I have gained extensive experience in all types of planning and development matters, acting for both the private and public sectors. I have dealt with a considerable number of appeals. 1.5 I have advised both private and public-sector clients including the Government in respect of the Planning and Compulsory Purchase Act 2004 and policy matters relating to housing. I have advised Government departments, quangos, police authorities, health authorities and other public-sector organisations including local authorities. My private sector clients include multi-national corporations, FTSE 100 companies and private individuals including overseas royalty. I have advised many clients in respect of planning matters dealing with residential development. 1.6 I confirm that I was first instructed in January 2018 in respect of the project for an MSA at Ripon. I have been advising Moto Hospitality Limited, Granada (the predecessor of Moto) and Pavilion (acquired by Moto) in respect of MSA planning for over 30 years. 1.7 My evidence deals with appeal proposals and their context. I assess the consideration of the appeal application by Harrogate Borough Council (“the Council”). I then analyse the Development Plan and other policy matters before turning to consider the Council’s reason for refusal. I then assess the planning issues raised by other third parties. I conclude by assessing the Development Plan and other material considerations and the planning balance. My evidence needs to be read alongside that of Sue Illman of Illman Young and Daniel Baird of Daniel Baird Soil Consultancy Ltd. 1.8 In the preparation of this evidence and in my conduct at the forthcoming inquiry, I have and will continue to adhere to the rules of conduct of the professional bodies of which I am a member. The evidence which I provide for these Appeal Inquiries (reference APP/E2734/W/20/3261729 & 3245778) is true and is given in accordance with the requirements of my professional bodies. __________________________________________________________________________________ 3 | P a g e Motorway Service Area Junction 50 of A1(M) Proof of Evidence of AFR Collins Moto Hospitality Ltd Collins & Coward Ltd __________________________________________________________________________________ 1.9 I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer. __________________________________________________________________________________ 4 | P a g e Motorway Service Area Junction 50 of A1(M) Proof of Evidence of AFR Collins Moto Hospitality Ltd Collins & Coward Ltd __________________________________________________________________________________ 2 INTRODUCTION 2.1 This appeal concerns an outline application with all matters reserved save for access and layout for planning permission for the “Construction of new Motorway Service Area ("MSA") to comprise: amenity building, lodge, drive thru coffee unit, associated car, coach, motorcycle, caravan, HGV and abnormal load parking and a fuel filling station with retail shop, together with alterations to the adjacent roundabout at Junction 50 of the A1(M) to form an access point and works to the local highway network. Provision of landscaping, infrastructure and ancillary works” on land adjoining the A1(M) at Junction 50. 2.2 The Council’s Planning Committee resolved to refuse permission on 6 October 2020 and the Decision Notice was issued on 9 October 2020. The application was refused for a single reason: “The proposal is outside development limits and represents an unsustainable development that would result in a significant encroachment into open countryside causing harm to the landscape in conflict with Policies EC3 (A & C), GS3 and NE4 of the Harrogate District Local Plan”. 2.3 The Committee Report set out the basis for the consideration of the proposal under the following heads: (i) whether there is a need for an additional MSA; (ii) the impact on the highway network and highway safety; (iii) the impact on the character and appearance of the area; (iv) impact on heritage assets; (v) the loss of agricultural land; (vi) water supply, flood risk, foul, and surface water drainage; (vii) ecology; and (viii) employment. 2.4 The Committee Report then goes on to confirm there were no development management or policy issues in respect of the following matters: (i) the impact on the highway network and highway safety including travel planning; (ii) impact on heritage assets; (iii) the loss of agricultural land; (iv) water supply, flood risk, foul, and surface water drainage; (v) ecology, nature conservation and arboriculture; (vi) socio-economics including employment; (vii) noise, air quality, dust, health, and pollution control 2.5 These matters that have been agreed are confirmed in the Statement of Common Ground with the Council dated 8 January 2021. __________________________________________________________________________________ 5 | P a g e Motorway Service Area Junction 50 of A1(M) Proof of Evidence of AFR Collins Moto Hospitality Ltd Collins & Coward Ltd __________________________________________________________________________________ 2.6 Insofar that matters of agricultural land quality, socio-economic benefits and net gain for biodiversity are concerned the Council in its Supplemental Statement of Case dated 22 December 2020 has accepted these are not matters giving rise to any planning objection. 2.7 This Appeal has been conjoined with a proposed MSA known as the Vale of York (LPA REF: 18/00123/EIAMAJ & PINS REF: APP/E2734/W/20/3245778). Applegreen PLC is a Motorway Service Area operator who has recently acquired a controlling