18/03931/OUT 1

Case No. 18/03931/OUT Item No.02

Location: Clint Bank Business Park, Clint Bank, Clint, HG3 3DW.

Proposal: Outline application for demolition of existing commercial buildings and

erection of 5 no dwellings, conversion of 3 existing dwellings to 2

dwellings and improved access and parking provision with access,

layout and scale considered.

Applicant: Mr S Bradbury

Access to the case file on Public Access can be found here:- view file

Reason for report: This application comes before the Planning Committee following a

request from the Ward Member on the grounds that the proposal would lead to the

loss of employment land, which has been occupied by businesses for many years.

SUMMARY

The proposal is considered in the context of the presumption in favour of sustainable

development at paragraph 11 of the NPPF, which sets out that permission should be

granted unless any adverse impacts of doing so would significantly and

demonstrably outweigh the benefits when assessed against the policies of the NPPF

taken as a whole.

The proposal would result in the loss of employment land. However, the

development of such brownfield land for housing in areas of high housing demand is

supported by the NPPF, provided that this would not undermine key economic

sectors or sites or the vitality and viability of town centres.

The site is not a key industrial site and the site is not within a town centre.

Therefore, the provision of additional housing will help maintain the District’s housing

supply in a sustainable location in accordance with the NPPF. The proposal makes

a contribution to the Council's housing supply and does not have a significant

adverse impact in terms of amenity, design, landscape impact, drainage or highway

safety that would outweigh this contribution.

RECOMMENDATION: Approve subject to conditions

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1.0 SITE DESCRIPTION

1.1 The application site comprises of Clint Bank Business Park off Clint Bank,

Burnt Yates. This piece of land lies to the rear of Clint Garth and is

accessed from Clint Bank between two existing residential properties. The

access is also shared by two residential properties outside the client’s

ownership.

1.2 The site includes a building in residential use, providing three residential units

and attached to this is a commercial building, presently in use. Within the

site can also be found a number of temporary cabins and external storage.

1.3 The site slopes from the entrance at the eastern edge of the site to the

western boundary. The land also slopes gently from the north to the south of

the site. A large conifer hedge is situated at the northern boundary on a

raised bund.

1.4 To the north of the site is an area of residential properties. Open fields exist

to the south, east and west. The site is situated 1.5km approximately

outside the Nidderdale AONB.

2.0 PROPOSAL

2.1 This application seeks outline permission for the demolition of the existing

commercial buildings and the erection of 5 no. dwellings, the conversion of

the 3 existing dwellings into 2 residential units, and alterations to the existing

access and parking provision. Whilst the application is in outline form,

details of access, layout and scale are matters included for consideration.

3.0 APPLICANT'S SUPPORTING INFORMATION

- Design and Access Statement

- Flood Risk Assessment

- Phase 1 Environmental Assessment Report

- Details of Consultation on scheme

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4.0 RELEVANT HISTORY

4.1 86/03298/CLEUD – An application for a Established use certificate for 1) plant

hire; 2) civil and agricultural engineering depot; 3) general and agricultural

building depot; 4) maintenance and repair of plant, vehicles and agricultural

machinery; 5) agriculture and builders. Permitted 28.01.1988.

5.0 NATIONAL & LOCAL POLICY

5.1 National Planning Policy

5.2 The National Planning Policy Framework 2018 (NPPF) sets out the

Government’s planning policies for England and how these are expected to

be applied. Planning permission must be determined in accordance with the

development plan unless material considerations indicate otherwise. The

National Planning Policy Framework is a material consideration in planning

decisions.

5.3 At the heart of the NPPF is a presumption in favour of sustainable

development.

5.4 Core Strategy

Policy SG1 Settlement Growth: Housing Distribution

Policy SG2 Settlement Growth: Hierarchy and limits

Policy SG3 Settlement Growth: Conservation of the countryside, including

Green Belt

Policy SG4 Settlement Growth: Design and Impact

Policy EQ1 Reducing risks to the environment

Policy EQ2 The natural and built environment and green belt

Policy JB1 Supporting the Harrogate District economy

Policy TRA1 Accessibility

Policy C1 Inclusive communities

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5.5 Harrogate District Local Plan (2001, As Altered 2004)

Policy HD20 Design of New Development and Redevelopment

Policy E2 Retention of Industrial/Business Land and Premises

Policy C2 Landscape Character

Policy HD13 Trees and Woodlands

5.6 Supplementary Planning Documents

House Extensions and Garages Design Guide

Residential Design Guide

Landscape Character Assessment

5.7 Other material policy considerations:

Planning Practice Guidance

6.0 CONSULTATIONS

6.1 Coal Planning and Local Authority Liaison - STANDING ADVICE -

DEVELOPMENT LOW RISK AREA. The proposed development lies within

a coal mining area, which may contain unrecorded coal mining related

hazards. If any coal mining feature is encountered during development, this

should be reported immediately to the Coal Authority on 0345 762 6848.

6.2 NYCC Highways And Transportation – No objections subject to conditions.

6.3 Yorkshire Water – has made the following comments:

Waste Water - If planning permission is to be granted, the following

conditions should be attached in order to protect the local aquatic

environment and YW infrastructure:

The site shall be developed with separate systems of drainage for foul

and surface water on and off site (In the interest of satisfactory and

sustainable drainage).

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No piped discharge of surface water from the application site shall take

place until works to provide a satisfactory outfall, other than the

existing local public sewerage, for surface water have been

completed in accordance with details submitted to and approved by

the Local Planning Authority (To ensure that the site is properly

drained and in order to prevent overloading, surface water is not

discharged to the foul sewer network).

It is noted from the submitted planning application that surface water is

proposed to be drained to soakaway. As surface water from the site is not

proposed to discharge to the public sewer network, no assessment of the

capacity of the public sewers to receive surface water has been undertaken.

Should the surface water disposal proposals change, further consultation

with Yorkshire Water will be required. However, the developer should be

aware that there are only foul sewers in the vicinity of the site.

6.4 Police Architectural Liaison Officer - No concerns or issues to raise.

6.5 Environmental Health Officer Contaminated Land - This proposal is

accompanied by CoDa Phase 1 environmental assessment Ref: 7853 dated

11 September 2018. This shows that the site has been used as an industrial

site with storage of vehicles refuse, shipping containers and a builder's yard.

In addition to these the site walkover identified the presence of tarmac and

concrete and made ground as well as steel containers and asbestos. A

Demolition asbestos survey is recommended as part of the report and I

would agree with this proposal. Because of the likely contaminants on site

section 9 of the reports recommends that a site investigation be carried out

to identify the extent of contamination on site from the previous use of the

site and especially in consideration of its end use. I would therefore

recommend:

you apply a CQ06 (Contaminated Land) condition to any planning

permission granted.

A Demolition asbestos survey is carried out.

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A condition in relation to electric vehicle charging is also recommended, along

with conditions in relation to refuse, demolition and hours of working.

6.6 Economic Development Officer - This site at Clint Bank is currently used for

commercial purposes and houses a number of related structures including

an industrial business unit, temporary cabins, storage containers and a

builder's yard. We are aware that at least one business currently operates

from the site, having been trading there successfully for over 30 years, and

assume that a number of other businesses are also based here / use the site

to support their business.

6.7 Whilst it may appear fairly low quality, it is also low cost and is clearly suited

to the types of businesses which it has sustained over many years. Both

start-ups and existing firms need to have access, both now and in the future,

to a range of accommodation suiting all types, sizes and scales of operation.

The loss of the business accommodation at this location would therefore

jeopardise the future of the existing businesses on this site and remove the

opportunity for new businesses to be established here.

6.8 The latest quarterly figures from our Property Finder database show a

continuing decline in the number of industrial premises available across the

Harrogate district. As far as we can see, there is little justification for the

loss of this site from commercial use.

6.9 Housing Department – Recommends a condition requiring an affordable

housing contribution if the gross internal area of the development exceeds

1000 square metres.

7.0 VIEWS OF THE PARISH COUNCIL

7.1 No comments received at time of writing.

8.0 OTHER REPRESENTATIONS

8.1 Five representations have been received, which object to the proposal on the

following grounds:

Loss of employment land and impact on existing businesses

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Highway Safety

Loss of residential amenity – parking, bin storage, increase in traffic

Drainage capacity and potential flooding

8.2 One representation supports the proposal on the grounds that the present use

is unsuitable in this location and creates noise. The proposal will improve

the quality of the neighbourhood and the environment.

9.0 ASSESSMENT

9.1 The principle issues for consideration under this application are as follows:

i. Housing Land Supply

ii. Character and Appearance

iii. Amenity – impact on existing and proposed residents

iv. Landscape Impact

v. Highway Safety

vi. Trees

vii. Ecology

viii. Drainage

ix. Loss of employment land

x. Affordable Housing

9.2 Sustainability

9.3 Achieving sustainable development is a key purpose of the National Planning

Policy Framework (NPPF), and proposals for sustainable development

should be approved without delay. There are three strands to sustainability,

social and economic and environmental.

9.4 Paragraph 8 of the NPPF advises that to achieve sustainable development

economic, social and environmental gains should be sought jointly and

simultaneously.

9.5 SOCIAL SUSTAINABILITY

9.6 Housing Land Supply

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9.7 The NPPF requires local planning authorities to identify and update annually a

supply of specific deliverable sites sufficient to provide a minimum of five

years’ worth of housing against their housing requirement with an

appropriate buffer. Where an authority cannot demonstrate a five year

supply of housing land, policies relating to the supply of housing land are

rendered out of date (NPPF, Para 11d footnote 7). Instead, housing

applications should be assessed under paragraph 11 of the NPPF and the

presumption in favour of sustainable development, with permission granted

unless policies in the NPPF that protect areas or assets of particular

importance provide a clear reason for refusing the development proposed or

any adverse impacts would significantly and demonstrably outweigh the

benefits, when assessed against the policies in the NPPF taken as a whole.

9.8 The Council’s Housing and Economic Development Needs Assessment

(HEDNA) provides information on local objectively assessed housing need.

An updated housing supply position at 30 June 2018 concluded that there is

a 5.02 years supply of housing land, including a 20% buffer, which equates

to an annual requirement for 669 dwellings.

9.9 Therefore, because the Council has a 5.02 year supply, paragraph 11 of the

NPPF is not automatically triggered on that basis that the Council does have

a five years supply of housing land. However, the supply position is

marginal and it will be important to take steps to maintain it.

9.10 Furthermore, there was already an acceptance that to deliver 669 dwellings

per annum, greenfield land outside of existing ‘development limits’ would be

needed. The ‘development limits’ are out-of-date because they were based

upon a required need of just 390 dwellings per annum. As such the

‘development limits can be given only limited weight, as can Core Strategy

Policies SG1, SG2 and SG3. By virtue of this, paragraph 11 of the NPPF is

once again engaged.

9.11 In light of the benefits that would come from the delivery of new homes in

maintaining the 5 year supply, applications will therefore need to be

determined on a case by case basis, only refusing them where the planning

harm significantly and demonstrably outweighs the benefits.

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9.12 In this case, the proposal would provide a net increase of 4 no. dwellings on a

brownfield site within a sustainable location in Burnt Yates. Burnt Yates is

considered to be a sustainable settlement for some new development.

Whilst Policy SG2 of the Core Strategy can only be given limited weight, this

policy identifies Burnt Yates as a settlement that is suitable for very limited

growth mainly in the form of suitable development within the existing built up

area and very small scale ‘rounding off’. Although the Emerging Local Plan

does not carry significant weight at this stage, the site would be located

within the proposed ‘development limits’ of Burnt Yates.

9.13 Limited numbers of dwellings such as that put forward by this application

provide on their own only a limited contribution towards meeting the district’s

housing needs. However, cumulatively over a period of time, these

developments result in a significant contribution. This contribution

constitutes a significant social benefit; however, this benefit must be weighed

against the other impacts of the proposal, which are discussed below.

9.14 ENVIRONMENTAL SUSTAINABILITY

9.15 Character and Appearance

9.16 Policies HD20 of the Local Plan and SG4 of the Core Strategy both require

development to be of a good design that is reflective of its locality. Criterion

A of Policy HD20 states “New buildings should make a positive contribution

to the spatial quality of the area and their siting and density should respect

the area’s character and layout.” Part 1 of Policy SG4 states “The scale,

density, layout and design should make the most efficient use of land; and

a) be well integrated with, and complementary to, neighbouring buildings and

the spatial qualities of the local area;

b) be appropriate to the form and character of the settlement and/or

landscape character.

9.17 The application site is on the site of an existing commercial site. To the north

and immediate east of the site are residential properties. The remaining

boundaries meet open countryside. The proposal is to erect 5 no. detached

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dwellings on the main commercial site and reduce the number of existing

residential units on the site from 3 to 2.

9.18 Whilst details have not been provided of the design of the properties, the

design and access statement states that these will be two storey properties.

The scale of the proposal in terms of the height of the dwellings is

considered to be acceptable. It is recommended that a condition is attached

to any planning approval ensuring that the proposed residential units are no

greater than two storeys in height to ensure that there are no unacceptable

residential impacts from larger properties.

9.19 The size and layout of the properties is considered to be in keeping with the

grain of the existing settlement.

9.20 Amenity - impact on existing and proposed residents

9.21 The layout of the proposed properties provides adequate separation distances

between the plots and the neighbouring properties. Plot 1 provides a

separation distance of 10m to the existing residential units, which meets the

minimum separation distances required in the Council’s guidance.

9.22 Concerns have been raised by neighbouring properties with regards to the

area of proposed bin storage adjacent to the boundary. However, this is the

area for the collection of bins by the refuse lorry and not for permanent

storage.

9.23 It is considered that the proposal would not have a significant adverse impact

on residential amenity in terms of overlooking, overshadowing or

overbearing.

9.24 Landscape Impact

9.25 The application site is approximately 1.5km outside the Nidderdale AONB and

within area no. 24 of the Council’s Landscape Character Assessment. This

area is noted as being a ‘gateway’ to the AONB, and for being sensitive to

change.

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9.26 The application site is a ‘brownfield’ site in commercial use, characterised by

temporary buildings. The proposal would improve the overall appearance of

the site and offer opportunities to improve the landscaping of the site and its

relationship to the open countryside beyond. Therefore, the proposal is

acceptable in landscape impact terms.

9.27 Highway Safety

9.28 NYCC Highways Authority have raised no objections to the proposal with

regards to highway safety, subject to conditions requiring further details of

the access, parking and other matters.

9.29 Trees

9.30 A number of large trees exist on the site along with the trees which provide

the boundary screening to the northern edge of the site. It is recommended

that conditions are attached to any planning approval to require further

details in relation to the trees on site and to minimise the impacts from

development.

9.31 Ecology

9.32 No ecological impacts have been raised in relation to the development of the

site.

9.33 Drainage

9.34 Concerns have been raised in representations regarding the drainage

capacity in the area. Yorkshire Water have not raised objections to the

scheme, subject to conditions relating to drainage.

9.35 Conclusion on Environmental Issues

9.36 The proposal does not give rise to environmental issues that demonstrably

outweigh the benefit of the proposal, given that these issues can be

adequately controlled by conditions.

9.37 ECONOMIC SUSTAINABILITY

9.38 Loss of Employment Land

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9.39 The site is presently in an employment use and so the proposal will result in

the loss of existing business uses. The retention of employment uses is

encouraged and protected under Policy E2 of the Harrogate Local Plan.

This policy states that the loss of industrial / business land and premises will

not be permitted unless: a) the continued use of the site for industrial /

business purposes would cause unacceptable planning problems; or b) the

site is allocated for another purpose in the plan; or c) the site is in a town

centre and the proposed use or mixture of uses would add to the centres

vitality and viability without harming the supply of employment land or

premises.

9.40 Criterion b) and c) above are not relevant to this site. In respect of criterion

a), it is noted that the site is adjacent to residential properties and therefore

has the potential to create issues in terms of residential amenity. From the

information submitted by the applicant the site does not appear to be used to

capacity and it would be difficult for this use to continue at a more intensive

level without creating issues in terms of noise and nuisance to the nearby

properties.

9.41 Moreover, the recently revised NPPF (2018) applies a different and more

permissive approach to the development of employment land for other uses

than the generally resistant stance set out in Policy E2 of the Local Plan.

9.42 The NPPF (2018) states that planning should be ‘making more effective use

of land’. Paragraph 118 requires that planning decisions should give

substantial weight to the value of using suitable brownfield land within

settlements for homes and other identified needs. It continues that decisions

should promote and support the development of under-utilised land and

buildings, especially if this would help to meet identified needs for housing

where land supply is constrained and available sites could be used more

effectively (for example converting space above shops, and building on or

above service yards, car parks, lock-ups and railway infrastructure).

9.43 This is not an allocated site. Paragraph 121 of the NPPF establishes the

approach that local planning authorities should take when considering

applications for alternative uses of land which is currently developed but not

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allocated for a specific purpose in plans, where this would help to meet

identified development needs. In particular, they should support proposals

to:

a) use retail and employment land for homes in areas of high housing

demand, provided this would not undermine key economic sectors or sites or

the vitality and viability of town centres, and would be compatible with other

policies in this Framework; and

b) make more effective use of sites that provide community services such as

schools and hospitals, provided this maintains or improves the quality of

service provision and access to open space.

9.44 In this case, it is acknowledged that the Economic Development Officers have

expressed their concerns over the loss of the land for employment purposes.

However, the development of the site for housing accords with the approach

set out at paragraph 121 of the NPPF because it would involve the

development of employment land for homes in an area of high housing

demand in a sustainable location where the development would not

undermine key economic sectors or sites or the vitality and viability of a town

centre. Therefore, it is considered that the provision of housing here can be

supported and that the development would involve a more efficient use of

land in a sustainable location.

9.45 The development of new housing has some economic benefit through the

employment created on site during the construction phase of development

and work created for the construction supply chain. Thereafter, occupiers of

the completed dwelling may be employed in the region and spend money in

the locality, thereby benefiting local businesses.

9.46 Affordable Housing

9.47 The applicant has stated that the floorspace on this application would be less

than 1000sq metres. Affordable housing contributions are required on

proposals where the gross internal area exceeds 1000sq metres. In order to

ensure any revisions to the proposal do not exceed the 1000sq metres

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threshold, it is considered appropriate to add a condition in relation to

affordable housing.

10.0 OTHER MATTERS

10.1 The site is in an industrial use, where there is the possibility of land

contamination. The Environmental Health Officer has therefore

recommended conditions in relation to land contamination.

10.2 Details of the proposed drainage methods have not been provided as part of

this application. It is recommended that details of the proposed drainage

scheme is provided as a condition of any planning approval.

10.3 The provision of electric charging points should form a condition of any

planning approval to increase access to more sustainable methods of

transport in the District.

11.0 PLANNING BALANCE & CONCLUSION

11.1 The proposal is considered in the context of the presumption in

favour of sustainable development at paragraph 11 of the NPPF, which sets

out that permission should be granted unless any adverse impacts of doing

so would significantly and demonstrably outweigh the benefits when

assessed against the policies of the NPPF taken as a whole.

11.2 The proposal would result in the loss of employment land.

However, the development of such land for housing in settlements is

supported by the NPPF in areas of high housing demand, providing that this

would not undermine key economic sectors or sites or the vitality and

viability of town centres.

11.3 The site is not a key industrial site and the site is not within a

town centre. Therefore, the provision of additional housing will help maintain

the District’s housing supply in a sustainable location in accordance with the

NPPF.

11.4 The proposal makes a contribution to the Council's housing

supply and does not have a significant adverse impact in terms of amenity,

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design, landscape impact, drainage or highways, which would outweigh this

contribution.

11.5 Therefore, the proposal accords with paragraph 11 of the NPPF

and there are no adverse impacts that would significantly and demonstrably

outweigh the benefits of the development when assessed against the

policies of the NPPF taken as a whole.

12.0 RECOMMENDATION

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

1 No development shall take place without the prior written approval of the Local

Planning Authority of all details of the following reserved matters -

(a) appearance;

(b) landscaping.

Thereafter the development shall not be carried out otherwise than in strict

accordance with the approved details.

2 Application for the approval of the reserved matters shall be made to the Local

Planning Authority not later than three years from the date of this permission.

The development hereby permitted shall be begun on or before the expiration

of two years from the final approval of reserved matters or in the case of

approval on different dates, the final approval of the last such matter to be

approved.

3 The development hereby permitted shall not be carried out otherwise than in

strict accordance with the submitted details as set out below:

Location Plan 20304-SK001

Site Plan 20304-P102A

4 Detailed Plans of Road and Footway Layout (Outline All Types)

There shall be no excavation or other groundworks, except for investigative

works or the depositing of material on the site, until the following drawings and

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details have been submitted to and approved in writing by the Local Planning

Authority in consultation with the Highway Authority:

(1) Detailed engineering drawings to a scale of not less than 1:500 and based

upon an accurate survey showing:

(a) the proposed highway layout including the highway boundary

(b) dimensions of any carriageway, cycleway, footway, and verges

(c) visibility splays

(d) the proposed buildings and site layout, including levels

(e) accesses and driveways

(f) drainage and sewerage system

(g) lining and signing

(h) traffic calming measures

(i) all types of surfacing (including tactiles), kerbing and edging.

(2) Longitudinal sections to a scale of not less than 1:500 horizontal and not

less than 1:50 vertical along the centre line of each proposed road showing:

(a) the existing ground level

(b) the proposed road channel and centre line levels

(c) full details of surface water drainage proposals.

(3) Full highway construction details including:

(a) typical highway cross-sections to scale of not less than 1:50 showing a

specification for all the types of construction proposed for carriageways,

cycleways and footways/footpaths

(b) when requested cross sections at regular intervals along the proposed

roads showing the existing and proposed ground levels

(c) kerb and edging construction details

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(d) typical drainage construction details.

(4) Details of the method and means of surface water disposal.

(5) Details of all proposed street lighting.

(6) Drawings for the proposed new roads and footways/footpaths giving all

relevant dimensions for their setting out including reference dimensions to

existing features.

(7) Full working drawings for any structures which affect or form part of the

highway network.

(8) A programme for completing the works.

The development shall only be carried out in full compliance with the approved

drawings and details unless agreed otherwise in writing by the Local Planning

Authority with the Local Planning Authority in consultation with the Highway

Authority.

INFORMATIVE

In imposing condition number 4 above it is recommended that before a detailed

planning submission is made a draft layout is produced for discussion between

the applicant, the Local Planning Authority and the Highway Authority in order

to avoid abortive work. The agreed drawings must be approved in writing by the

Local Planning Authority for the purpose of discharging this condition.

5 Construction of Roads and Footways Prior to Occupation of Dwellings

(Residential)

No dwelling to which this planning permission relates shall be occupied until the

carriageway and any footway/footpath from which it gains access is constructed

to base-course macadam level and/or block paved and kerbed and connected

to the existing highway network with street lighting installed and in operation.

The completion of all road works, including any phasing, shall be in accordance

with a programme approved in writing with the Local Planning Authority in

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consultation with the Highway Authority before the first dwelling of the

development is occupied.

6 Discharge of Surface Water

There shall be no access or egress by any vehicles between the highway and

the application site until full details of any measures required to prevent surface

water from non-highway areas discharging on to the existing or proposed

highway together with a programme for their implementation have been

submitted to and approved in writing by the Local Planning Authority in

consultation with the Highway Authority. The works shall be implemented in

accordance with the approved details and programme.

7 Visibility Splays

There shall be no access or egress by any vehicles between the highway and

the application site (except for the purposes of constructing the initial site

access) until splays are provided giving clear visibility of 2.4 metres x 90 metres

North and 2.4 metres x 120 metres south measured along both channel lines of

the major road. Once created, these visibility areas shall be maintained clear of

any obstruction and retained for their intended purpose at all times.

INFORMATIVE

An explanation of the terms used above is available from the Highway

Authority.

8 Details of Access, Turning and Parking

There shall be no excavation or other ground works, except for investigative

works, or the depositing of material on the site in connection with the

construction of the access road or building(s) or other works hereby permitted

until full details of the following have been submitted to and approved in writing

by the Local Planning Authority in consultation with the Highway Authority:

(i) tactile paving

(ii) vehicular, cycle, and pedestrian accesses

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(iii) vehicular and cycle parking

(iv) vehicular turning arrangements

(v) manoeuvring arrangements

(vi) loading and unloading arrangements.

INFORMATIVE

The proposals shall cater for all types of vehicles that will use the site. The

parking standards are set out in the North Yorkshire County Council publication

'Transport Issues and Development - A Guide' available at

www.northyorks.gov.uk

9 Provision of Approved Access, Turning and Parking Areas

No part of the development shall be brought into use until the approved vehicle

access, parking, manoeuvring and turning areas approved under condition 8:

(i) have been constructed in accordance with the submitted drawing.

Once created these areas shall be maintained clear of any obstruction and

retained for their intended purpose at all times.

10 Precautions to Prevent Mud on the Highway

There shall be no access or egress by any vehicles between the highway and

the application site until details of the precautions to be taken to prevent the

deposit of mud, grit and dirt on public highways by vehicles travelling to and

from the site have been submitted to and approved in writing by the Local

Planning Authority in consultation with the Highway Authority. These facilities

shall include the provision of wheel washing facilities where considered

necessary by the Local Planning Authority in consultation with the Highway

Authority. These precautions shall be made available before any excavation or

depositing of material in connection with the construction commences on the

site and be kept available and in full working order and used until such time as

the Local Planning Authority in consultation with the Highway Authority agrees

in writing to their withdrawal.

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11 The site shall be developed with separate systems of drainage for foul and

surface water on and off site.

12 No piped discharge of surface water from the application site shall take place

until works to provide a satisfactory outfall, other than the existing local public

sewerage, for surface water have been completed in accordance with details

submitted to and approved by the Local Planning Authority.

13 As part of the reserved matters application, the developer shall provide the

following details:-

(a) A plan, to a scale and level of accuracy appropriate to the proposal,

showing the position of every tree on the site or on land adjacent to the site

(including any street or highway tree(s)) that could influence or be affected by

the development, indicating which trees are to be removed:

(b) In relation to every tree identified on the plan, a schedule listing :

(i) The information specified in paragraph 4.4.2.5 of BS 5837:2012 (Trees in

Relation to Construction - Recommendations)

(ii) Any proposed pruning, felling or other tree related operation

(c) In relation to every existing tree identified on the plans as to be retained,

details of:

(i) Any proposed alterations to existing ground levels, and of the position of any

proposed excavation that might affect the root protection area (RPA) (in

accordance with clause 4.6 of BS5837)

(ii) All appropriate tree protection measures required before and during the

course of development (in accordance with clause 7 of BS5837)

(d) Areas of existing landscape, and/or areas of proposed new tree planting or

woodlands, to be protected from construction operations and the method of

protection (clause 6.2.2 figure 2 and 3).

(e) A detailed Arboricultural Impact Assessment (AIA) (clause 5.4) shall be

submitted for approval and consider the following (the list is not exhaustive):

18/03931/OUT 23

o Tree root protection (distances, engineering specifications)

o Changes in levels

o Changes in surfaces

o Installation and layout of services

o Demolition of existing buildings, surfaces

o Exposure due to tree removal

o Sunlight and shading

o Construction site access

o Construction site layout (offices, parking)

o Construction site materials storage

(f) A detailed Arboricultural Method Statement (AMS) (clause 6.1) shall be

submitted for approval. The AMS will outline how the retained trees can be

afforded additional protection using alternative methods of construction or

market available alternative techniques.

(g) A detailed landscape scheme to include highway tree planting and the

incorporation of underground systems to encourage successful tree growth

while protecting services and footpaths/highways.

No operations shall commence on site in connection with the approved phase

of development (including any demolition work, soil moving, temporary access

construction and/or widening or any operations involving the use of motorised

vehicles or construction machinery) until such a time as the AIA and AMS has

been formally agreed by the Local Planning Authority and any root protection

area (RPA) works required by the approved tree protection scheme are in

place.

14 Unless otherwise agreed by the Local Planning Authority, development other

than that required to be carried out as part of an approved scheme of

remediation must not commence until sections A to D have been complied with.

18/03931/OUT 24

If unexpected contamination is found after development has begun,

development must be halted on that part of the site affected by the unexpected

contamination to the extent specified by the Local Planning Authority in writing

until section D has been complied with in relation to that contamination.

A. SITE CHARACTERISATION

An investigation and risk assessment, in addition to any assessment provided

with the planning application, must be completed in accordance with a scheme

to assess the nature and extent of any contamination on the site, whether or

not it originates on the site. The contents of the scheme are subject to the

approval in writing of the Local Planning Authority. The investigation and risk

assessment must be undertaken by competent persons and a written report of

the findings must be produced. The written report is subject to the approval in

writing of the Local Planning Authority. The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:

* human health,

* property (existing or proposed) including buildings, crops, livestock, pets,

woodland and service lines and pipes,

* adjoining land,

* groundwaters and surface waters

* ecological systems

* archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment

Agency's 'Model Procedures for the Management of Land Contamination, CLR

11'.

B. SUBMISSION OF REMEDIATION SCHEME

18/03931/OUT 25

A detailed remediation scheme to bring the site to a condition suitable for the

intended use by removing unacceptable risks to human health, buildings and

other property and the natural and historical environment must be prepared,

and is subject to the approval in writing of the Local Planning Authority. The

scheme must include all works to be undertaken, proposed remediation

objectives and remediation criteria, timetable of works and site management

procedures. The scheme must ensure that the site will not qualify as

contaminated land under Part2A of the Environmental Protection Act 1990 in

relation to the intended use of the land after remediation.

C. IMPLEMENTATION OF APPROVED REMEDIATION SCHEME

The approved remediation scheme must be carried out in accordance with its

terms prior to the commencement of development other than that required to

carry out remediation, unless otherwise approved in writing by the Local

Planning Authority. The Local Planning Authority must be given two weeks

written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation

scheme, a verification report that demonstrates the effectiveness of the

remediation carried out must be produced, and is subject to the approval in

writing of the Local Planning Authority.

D. REPORTING OF UNEXPECTED CONTAMINATION

In the event that contamination is found at any time when carrying out the

approved development that was not previously identified it must be reported in

writing immediately to the Local Planning Authority. An investigation and risk

assessment must be undertaken in accordance with the requirement of section

A, and where remediation is necessary a remediation scheme must be

prepared in accordance with the requirements of section B, which is subject to

the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation

scheme a verification report must be prepared, which is subject to the approval

in writing of the Local Planning Authority in accordance with section C.

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15 Prior to the demolition or removal of buildings on the site, an asbestos survey

shall be undertaken by a competent person and all works shall be undertaken

in accordance with the details of this survey.

16 Construction phase:

Before the commencement of the preparatory demolition and construction

phases the applicant shall provide a written Demolition and Construction

Management Plan detailing how noise and dust from the preparatory demolition

and construction activities will be minimised. This plan should be prepared by a

suitably competent person for the written approval of the Local Planning

Authority. Such an assessment should identify all noise and dust mitigation

measures to be employed during preparatory demolition and construction

phases. Such measures as approved to be fully instigated and maintained

during the preparatory demolition and construction phases.

17 Hours of operation:

In order to further control noise from the site the following hours shall apply:

The hours of work on site shall be controlled and restricted to

08:00 until 18:00 Mondays to Fridays

08:00 until 13:00 Saturdays

No work on Sundays or Bank Holidays

18 Refuse:

Suitable and sufficient provision shall be made for:

i. the storage and containment of refuse prior to collection.

ii.access for collection of refuse

19 Electric Vehicle Charge Points

Before the development is brought into use a scheme detailing the facilities that

will be provided for charging electric vehicles and other ultra-low emission

vehicles shall be submitted to and approved in writing by the Local Planning

18/03931/OUT 27

Authority. Buildings and parking spaces that are to be provided with charging

points shall not be brought into use until the charging points are installed and

operational. Charging points installed shall be retained thereafter.

Electric vehicle charge points minimum specification residential and hotels -

Informative

o One electric vehicle charging point for each residential unit with dedicated

parking space.

o One electric vehicle charging point for every ten unallocated residential

parking spaces (including hotels).

o Mode 3 charging point with a type 2 outlet socket

o The cable and circuitry ratings for the charging points shall be of adequate

size to ensure a minimum continuous current demand of 16 Amps and a

maximum demand of 32 Amps

20 The residential units, hereby approved, shall be no greater than two storeys in

height

21 In the event that the Gross Internal Area (GIA) of plots 1 to 5 is 1000 square

metres or greater, no development shall take place until a scheme for the

provision of affordable housing has been submitted to and approved in writing

by the Local Planning Authority. The affordable housing provision shall be

provided in accordance with the approved scheme.

Reasons for Conditions:-

1 To safeguard the rights of control by the Local Planning Authority in respect of

the reserved matters.

2 To ensure compliance with sections 91-94 of the Town and Country Planning

Act 1990.

3 In order to ensure compliance with the approved drawings.

18/03931/OUT 28

4 To secure an appropriate highway constructed to an adoptable standard in the

interests of highway safety and the amenity and convenience of highway users.

5 To ensure safe and appropriate access and egress to the dwellings, in the

interests of highway safety and the convenience of prospective residents.

6 In the interests of highway safety.

7 In the interests of road safety.

8 To ensure appropriate on-site facilities in the interests of highway safety and

the general amenity of the development.

9 In the interests of road safety

10 To ensure that no mud or other debris is deposited on the carriageway in the

interests of highway safety.

11 In the interest of satisfactory and sustainable drainage

12 To ensure that the site is properly drained and in order to prevent overloading,

surface water is not discharged to the foul sewer network

13 In the interests of nature conservation and to ensure the retention of screening

for the neighbouring properties

14 To ensure that risks from land contamination to the future users of the land and

neighbouring land are minimised, together with those to controlled waters,

property and ecological systems, and to ensure that the development can be

carried out safely without unacceptable risks to workers, neighbours and other

offsite receptors in accordance with policies SG4 and EQ1 of the Harrogate

District Core Strategy.

15 In the interests of pollution control

16 In the interests of pollution control and residential amenity of the neighbouring

properties

17 In the interests of residential amenity

18 In the interests of pollution control and residential amenity

18/03931/OUT 29

19 In the interests of sustainable development and the provision of sustainable

transport and the improvement of air quality in accordance with the NPPF

20 In order to protect the residential amenity of the neighbouring properties

21 To safeguard the rights of control by the Local Planning Authority and ensure

the provision of affordable housing in accordance with the National Planning

Practice Guidance, should the GIA of the development exceed the 1000 square

metre threshold.

INFORMATIVES

1 It is noted from the submitted planning application that surface water is

proposed to be drained to soakaway. As surface water from the site is not

proposed to discharge to the public sewer network, no assessment of the

capacity of the public sewers to receive surface water has been undertaken.

Should the surface water disposal proposals change, further consultation

with Yorkshire Water will be required. However, the developer should be

aware that there are only foul sewers in the vicinity of the site.

In the event of any changes being needed to the wording of the Committee's

decision (such as to delete, vary or add conditions/informatives/planning

obligations or reasons for approval/refusal) prior to the decision being

issued, the Chief Planner has delegated authority to do so in consultation

with the Chairman of the Planning Committee, provided that the changes do

not exceed the substantive nature of the Committee's decision.

Case Officer: Emma Howson Expiry Date: 21 December 2018