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18/04765/OUTMAJ 1
Case No. 18/04765/OUTMAJ Item No. 02
Location: Crimple House Farm, Hornbeam Park Avenue, Harrogate, HG2 8QL.
Proposal: Outline application for the erection of 10 dwellings with access to the
site considered.
Applicant: Mrs S Hullah
Access to the case file on Public Access can be found here:- view file
Reason for report: This application is to be presented to the Planning Committee
following a request by the Ward Councillor on the grounds that the proposal raises
significant / controversial / sensitive planning issues. The purpose of the report is to
seek the views of the Committee on the proposal in the light of an appeal against
non-determination.
SUMMARY
Given the “significant weight” attractable to the emerging local plan, the application
site being beyond the development limit is a significant negative feature
strengthened notably by the harm caused to the public right of way within the Special
Landscape Area and the overly intensive nature of the proposal harming residential
amenity. The proposal consequently fails to achieve the social and environmental
strands of sustainable development and would have been recommended for refusal.
RECOMMENDATION: That permission would have been refused
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1.0 SITE DESCRIPTION
1.1 The site lies within the Crimple Valley Special Landscape Area to the east
side of Hornbeam Park Avenue beyond the commercial properties on
Hornbeam Square South from which trees and shrubs provide a degree of
screening.
1.2 Fronting Hornbeam Park Avenue is a pair of existing cottages. To the north
of these an access serves those properties as well as leading to a group of
barns and, beyond those, a farmhouse. The access also forms the initial part
of a bridleway, the Harrogate Ringway, which runs to the north of the barns
and links to the showground to the east and Hookstone Drive to the north-
east; slightly to the south on Hornbeam Park Avenue this bridleway extends
west to Fulwith Mill Lane and is a designated cycle route in its entirety.
1.3 The barns have permission for residential use involving some demolition and
the cessation of an extant agricultural contracting use on land and in the
structures that are to be demolished which form part of the site area of this
application.
1.4 To the south, a row of tall trees provides substantial screening to the car
park to Gardner House, an office building immediately north of St Michaels
Hospice. These two properties’ are situated beyond a wooded area through
which the highway forms a loop to the end of Hornbeam Park Avenue.
1.5 The application site extends to the edge of the bridleway and to the south is
inset from the boundary by the root protection area of the trees, and includes
the widening of the access from Hornbeam Park Avenue.
1.6 The application is subject to an appeal against non-determination. The
purpose of this report is to seek the views of the Committee on the proposal
and establish the local planning authority’s position at the appeal.
2.0 PROPOSAL
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2.1 Outline planning permission is sought for 10 dwellings (indicated as four 2
bed and six 3 bed) with access considered. Originally, layout was also a
consideration but was subsequently made a reserved matter, along with
appearance, landscaping and scale.
3.0 APPLICANT'S SUPPORTING INFORMATION
3.1 The application is supported by the following documents:
Design and Access Statement
Ecological Survey
Preliminary Geoenviromental Investigation
Transport Statement
Tree Survey
4.0 RELEVANT HISTORY
4.1 15/00440/FUL Conversion of barn to create 1 dwelling. Approved
28.04.2015
4.2 18/04766/FUL Conversion of barn to form 3 no. dwellings. Withdrawn
01.04.2019
4.3 19/00998/PBR Prior notification for conversion of agricultural building to form
3 no. dwellings with associated building works. Permitted Prior Notification
30.04.2019
5.0 NATIONAL & LOCAL POLICY
5.1 National Planning Policy
5.2 The National Planning Policy Framework (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.
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5.3 At the heart of the NPPF is a presumption in favour of sustainable
development.
5.4 Core Strategy
Policy C1 Inclusive communities
Policy EQ1 Reducing risks to the environment
Policy EQ2 The natural and built environment and green belt
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 TRA1 Accessibility
Policy TRA2 Transport infrastructure
Policy TRA3 Travel management
5.5 Harrogate District Local Plan (2001, As Altered 2004)
Policy C2 Landscape Character
Policy C9 Special Landscape Areas
Policy HD13 Trees and Woodland
Policy R11 Rights of Way
Policy HD20 Design of New Development and Redevelopment
5.6 Emerging Harrogate District Local Plan
Policy CC1 Flood Risk and Sustainable Drainage
Policy CC2 Rivers
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Policy CC3 Renewable and Low Carbon Energy
Policy CC4 Sustainable Design
Policy GS1 Providing New Homes and Jobs
Policy GS2 Growth Strategy to 2035
Policy GS3 Development Limits
Policy HP2 Heritage Assets
Policy HP3 Local Distinctiveness
Policy HP4 Protecting Amenity
Policy HP5 Public Rights of Way
Policy HS1 Housing Mix and Density
Policy HS5 Space Standards
Policy NE2 Water Quality
Policy NE4 Landscape Character
Policy NE5 Green Infrastructure
Policy NE7 Trees and Woodlands
Policy NE9 Unstable and Contaminated Land
Policy TI1 Sustainable Transport
Policy TI3 Parking Provision
Policy TI5 Telecommunications
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5.7 Supplementary Planning Documents
Green Infrastructure
Biodiversity Design Guide
Biodiversity Action Plan
Landscape Character Assessment of Harrogate District
House Extensions and Garages Design Guide
Residential Design Guide
Provision for Village Halls in Connection with New Housing Development
Provision for Open Space in Connection with New Housing Development
5.8 Other material policy considerations:
Planning Practice Guidance
6.0 CONSULTATIONS
6.1 NYCC Highways And Transportation – Advise a footpath is required
outside the frontage of the development and shall measure at least 2.0
metres in width. The carriageway must be a minimum width of 5.5 metres.
Requests that any approval includes conditions in respect of detailed plans
of road and footway layout, and parking for dwellings, and an informative
regarding no obstruction of the bridleway.
6.2 Police Architectural Liaison Officer – Raised a number of issues
regarding design and layout matters which fall outside of the scope of this
outline application.
6.3 Yorkshire Water – Do not object; request appropriate conditions be
attached to any approval.
6.4 Economic Development Officer – Objects. Not a draft allocation for
housing; were it to be developed it would be located to the rear of the town’s
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key employment hub. Consider any development of the land should be for
employment purposes as an extension to the existing business park. Notes
office accommodation in particular is in short supply in the Harrogate District
and particularly in Harrogate Town. Since May 2013 21% of office stock has
been lost (or has received notification to lose) via permitted development
rights. Therefore, if there is an opportunity to extend the key employment site
in Harrogate, it should be taken. Businesses on Hornbeam Park that are
closest to the site employ circa 400 people (3500 people are employed on
the site in total) and often need to work 24 hours a day. They are some of
the fastest growing businesses in the town and should this development be
permitted it could give rise to future residents complaining about
noise/activity from those businesses and we know from previous examples
that even though the businesses were there before the residents, this has
little bearing with regards noise complaints.
6.5 To reiterate, this is the key employment site in the district and integral in the
delivery of the Economic Growth Strategy e.g. the provision of good quality
office / industrial space (note the Matrix Development that is near completion
on site), provision of inward investment opportunities and an enabler of good
quality, well paid jobs.
6.6 Environmental Health Officer – Does not object. Notes the submitted
preliminary geoenvironmental investigation report identifies risks associated
with agricultural contracting business and the presence of asbestos.
Intrusive investigation prior to development is concurred with; the sampling
to include areas to be used for gardens. More information and a more
thorough risk assessment associated with the potential for landfill gas also
needs to be carried out. Request an appropriate condition be attached to any
approval.
6.7 Housing Department – Advise the Housing and Economic Development
Needs Assessment calculates a need for affordable rented housing of 208
per annum across the Harrogate District. Priority for the affordable homes
will be given to those with a local connection to the sub area.
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6.8 Harrogate Bridleways Association & British Horse Society - Object. Do
not accept the bridleway being incorporated into the access road which
means a loss of safety of a largely traffic free route and loss of amenity value
for users of the bridleway. We would want to see it placed to the north of the
access road and separated from public motorised vehicular traffic. The
applicant owns the land between the access road and the northern boundary
with Hornbeam Park and there is ample space for the bridleway to be
located to the north of the proposed development access road in its own
green corridor before it then picks up the definitive line to the north of the
gardens as shown on the proposed layout.
6.9 Ramblers Association – Object. Making the first length of bridleway, a very
popular route for ramblers, dog walkers, cyclists and horse-riders, off
Hornbeam Park Avenue a tarmac road will urbanise this promoted route
from Hornbeam Park Rail Station to the Yorkshire Showground. The
Harrogate Ringway, the bridleway, needs to be away from the road.
Approaching the houses the view from the bridleway will be urbanised to the
detriment of enjoying this rural surroundings. High fences to gardens will
reduce the public amenity of the bridleway. Consider the proposal could be
acceptable if houses were not as close to the bridleway, if the house
gardens were not in close proximity to the bridleway, and if no section of the
bridleway was shared with the access road.
7.0 OTHER REPRESENTATIONS
7.1 Letters of representation received from 51 authors opposed to the
development raising cumulatively the following matters:-
Major impact on vital green space and bridleway well used by locals for
walking and recreation
Green wedge to be preserved on edge of Crimple Valley
Open countryside beyond development limits
Profit at expense of valued landscape.
Urbanise bridleway
Little if any affordable houses contribution
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Potentially denser density
Slope stability issues on site
Result in Flooding of a beck
Lead to further development of land beyond
Harm to wildlife
Loss of agricultural land
Special Landscape Area no landscape assessment
Unnecessary infilling
Incompatible with business park; noise - 7am alarm, reversing noises,
smell, access, late working, access. Untenable, tensions between home
owners and businesses
Incompatible additional pressure on already full schools, doctors and
dentists
No bus service to Hornbeam Park; train station and Leeds Road bus
stops distant and unattractive walk
Already excessive parking; limited parking provision
Traffic congestion / pollution including construction work; Hornbeam Park
Avenue, Hookstone Road. Leeds Road, Wetherby Road. Needs separate
access
Could result in further speed restrictions on Hornbeam Park Avenue
Office accommodation lost in town - any development should be an
expansion of the business park
7.2 Reference is also made to an online petition with “over 163 signatories”.
7.3 Four letters of support received cumulatively raising the following issues:-
Prefer sympathetically designed houses to progressively derelict farm
buildings that occasionally attract anti-social behaviour and people
sleeping rough.
Existing residential site; proposals are small 2 /3 bed houses suitable
for young first time buyers and those downsizing.
Opposed to an extension of business park up to existing dwelling.
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Infant and Secondary Schools and amenities (cafes, restaurants,
leisure facilities) accessible without a car; train station with easy
walking distance.
Houses would keep rural landscape more than the large tarmac areas
and security fences needed by any employment building on the site,
and which would lead to more traffic at peak times.
Natural infill between Hornbeam Business Park, Gardner House and
St. Michaels Hospice and sits within the curtilage of the existing
farmstead.
Vehicle movements associated with 10 dwellings would be negligible
and unnoticeable in reality.
Not detrimental to the bridleway nor impact on the natural habitat.
Secluded and bordered by large mature trees to the hospice and
Gardner House with no view of the Crimple Valley; view from the
Bridle Path is already restricted by the existing arrangement of barns
and outbuildings.
8.0 ASSESSMENT
8.1 The main issues in the consideration of this application are as follows: -
Social Sustainability – Housing Land Supply, Affordable Housing,
Services, Healthy Communities
Environmental Sustainability – Landscape, Effect on Public Right of
Way, Amenity - impact on existing and proposed residents, Heritage,
Highways, Trees and Ecology, Flood Risk, Foul and Surface Water
drainage, Loss of Agricultural land.
Economic Sustainability.
Planning Balance and Conclusion
8.2 Sustainability
8.3 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
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sustainability, social, economic and environmental. These are discussed
below in conjunction with sub-paragraphs contained within each strand.
8.4 SOCIAL SUSTAINABILITY
8.5 Housing Land Supply
8.6 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. It is considered that the council has a 6.89 years land
supply as of April 2019. For the purpose of determining planning applications
it is therefore the Council’s position that there is a five year supply of
deliverable housing land and, whilst this needs to be maintained with further
approvals where appropriate, the presumption in favour of sustainable
development in Paragraph 11 of the NPPF is not triggered on the basis of
the land supply position alone.
8.7 However, the Council’s adopted policies for the supply of housing contained
within the current Local Plan/Core Strategy and associated development
limits are out-of-date and can be given no more than limited weight. This
means that Paragraph 11 of the NPPF and the presumption in favour of
sustainable development is engaged on this basis. The paragraph states
that development proposals should be approved unless policies in the NPPF
that protect assets of particular importance provide a clear reason for
refusing the development proposed or any adverse impacts of doing so
would significantly and demonstrably outweigh the benefits when assessed
against the policies in the Framework taken as a whole. This is known as
the tilted balance.
8.8 Paragraph 48 of the NPPF advises that increased weight can be given to
emerging local plan policies as they progresses towards adoption. Case law
establishes that it is for the decision maker (the Council) to decide what
weight to apply to any particular factor. In light of the ‘significant’ weight that
can be given to the emerging local plan (which includes development limits
18/04765/OUTMAJ 14
that meet the housing needs of today and the future), alongside a healthy
land supply position this does materially impact on the ‘tilted balance’.
8.9 The site lies beyond the development limit for Harrogate, as it did under the
terms of the out-of-date development plan. The current relevant draft local
plan policy, GS3, is only permissive of housing development beyond a
development limit in locations where there are not any housing allocations in
the settlement and there is a lack of a 5 year housing land supply.
8.10 Consequently, the location beyond the development limit together with the
other identified harm weighs significantly against the proposal in terms of
social sustainability.
8.11 Affordable Housing
8.12 Given the location of the site beyond the development limits for Harrogate as
set out in both the development plan and the emerging local plan there is a
requirement under saved Local Plan Policy H5 for affordable housing of on-
site provision if more than ten dwellings are proposed, or a financial
contribution for provision elsewhere if between three and ten dwellings are
proposed.
8.13 As the barn conversion to three dwellings has been agreed under a prior
notification under the terms of The Town and Country Planning (General
Permitted Development) (England) Order 2015, as amended by The Town
and Country Planning (General Permitted Development) (England)
(Amendment) Order 2018), that element of the overall element of the site
does not require any affordable housing contribution, as that Central
Government Order does not seek any such contribution. Therefore, this
proposal has to be assessed as requiring a financial contribution rather than
any on-site provision. In the event of the proposal being supported this would
be a matter for a Section 106 Agreement.
8.14 Services
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8.15 Policy C1 of the Harrogate Core Strategy 2009 requires that proposals for
the use and development of land will be assessed having regard to
community needs within the District.
8.16 The site, in comparison to the wider suburbs of Harrogate, is located within
relatively close proximity of a number of facilities, immediately adjacent
employment opportunities and is some 730m distant from Hornbeam Park
railway station. Whilst not wholly ideal this is comparable to a number of far
larger developments elsewhere and their relationship with bus stops. A
largely half hourly service connects with destinations including Harrogate,
Knaresborough and Leeds.
8.17 Whilst representations concerning schools being at capacity are noted, there
is no assessment necessary for this application because the requirements
for contributions towards the improvement of education facilities applies to
developments of twenty-five or more dwellings.
8.18 The site is accessible and sustainable in terms of its location and
relationship with services in the wider settlement.
8.19 Healthy Communities
8.20 The NPPF advises (Paragraph 91) that the planning decisions should aim to
achieve healthy, inclusive and safe places which promote social interaction
and are safe and accessible.
8.21 The Police Designing out Crime officer provides advice at this outline stage
and does not oppose the development.
8.22 Core Strategy Policy C1 requires that proposals for the use and
development of land will be assessed having regard to community needs
within the District. Relevant Supplementary Planning Documents for this site
relate to the provision of open space and village halls in connection with new
housing development. This is a matter that can be progressed through a
legal agreement should the proposal be supported.
8.23 Conclusion on Social Sustainability
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8.24 In terms of social sustainability the location of the site beyond the
development limit for Harrogate carries significant negative weight.
8.25 ENVIRONMENTAL SUSTAINABILITY
8.26 Landscape
8.27 Core Strategy Policy SG4 requires that visual amenity is protected and that
the environmental impact and design of development conforms to Policies
EQ1 and EQ2. The latter is the more relevant here as it seeks to ensure that
the District’s exceptionally high quality natural and built environment is given
the level of protection it deserves.
8.28 Saved Local Plan Policy HD20 requires new development be designed with
suitable landscaping as an integral part of the scheme.
8.29 Saved Local Plan Policy C2 is a more general policy, having a requirement
that development should protect existing landscape character. Related to
this policy is the Supplementary Planning Guidance contained in the 2004
Harrogate District Landscape Character Assessment; the site falling within
Character Area 58 Middle Crimple Valley, which is stated as being
influenced by the urban edge but with little built form within it except for
several scattered farmsteads, and is highly valued by local residents. The
capacity to accept change which would not result in coalescence is limited.
Impacts on the landscape character and wildlife habitats of Crimple Valley
and Stone Rings Beck should be fully assessed and the footpath network
enhanced.
8.30 Saved Local Plan Policy C9 relates to land that is locally designated as
being a Special Landscape Area including “the Crimple Valley from the
Follifoot to Knaresborough Road in the east and Beckwithshaw in the west”
covering a large section of the southern fringes of Harrogate. The policy
does not automatically preclude development in a Special Landscape Area.
It does oppose development that has an adverse impact on the character of
the landscape or the landscape setting, in this instance of Harrogate; and
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states that where development is permitted high standards of design,
including landscape design and, where appropriate, measures to mitigate
the impact of development will be required. Paragraph 170 of the NPPF
requires valued landscapes to be protected and enhanced.
8.31 Whilst the site is within the Crimple Valley Special Landscape Area it is not
physically itself in the valley but rather beyond the northern slopes of the
valley and secluded from the valley; on which the presence of St Michaels
Hospice and Gardner House are far more readily evident. In terms of the
wider local landscape the proposal does not have a harmful effect.
8.32 Effect on Public Right of Way
8.33 Saved Local Plan Policy R11 states that rights of way and the opportunities
they afford for informal recreation should be retained. Developments will not
be permitted that cause harm to the character or recreational and amenity
value without a satisfactory diversion
8.34 The public bridleway passing the site forms a pleasant route from Fulwith
Mill Lane to the showground or the junction of Hookstone Drive, Hookstone
Road and Oatland Drive. The stepped crossing required across Hornbeam
Park Avenue being a harsh interruption into the generally pleasant
surroundings. The commercial premises on Hornbeam Square South are
evident but nevertheless acceptably buffeted by trees and shrubs. The barns
on the site are more of an imposition however the agreed scheme for the
conversion of the slightly more distant stone barns is subject to a condition
requiring prior to any occupation the remainder of the barns and associated
structures being removed from the site and all business activity ceased.
8.35 The proposed development would be in sharp contrast bringing domestic
activity as well as the dwellings up to the bridleway and the change in the
access to a fully adopted highway. Diversion of the bridleway to the side of
the highway would result in the removal of a number of trees and shrubs and
consequently further urbanise the environs though the lesser extent of
screening of the adjacent commercial properties.
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8.36 The proposal causes harm to the character, recreational and amenity value
of the bridleway and in doing so harms the immediate surroundings of this
part of the Special Landscape Area.
8.37 Amenity - impact on existing and proposed residents
8.38 A high standard of amenity for all existing and future users is an objective
contained with the NPPF (paragraph 127). This is embodied in saved Local
Plan Policy HD20, which requires development to protect the privacy and
amenity of neighbouring residents and occupiers of adjoining buildings, and
Core Strategy Policy SG4, which requires development to protect and where
possible enhance residential amenity.
8.39 A dwellinghouse is recognised as being a noise sensitive development. As
such, the potential occupiers of any dwelling should enjoy a satisfactory level
of amenity. There is a single dwelling, the original farmhouse to the west,
semi-detached cottages to the west and an office building to the south east
albeit well screened. Industrial units lie to the north and north-west beyond a
public right of way with a degree of screening - these are occupied by a
variety of uses including a ventilation systems manufacturer and window
company with their service yard closer than the requisite buildings. Other
nearby uses include a gas engineers and, to the west, a Climbing Centre.
8.40 The proposal will create a residential dwelling close to commercial uses and
thus any occupier would be aware of the possible noise from the surrounding
land uses. The presence of the existing dwellings indicates that residential
properties can coexist in close proximity with the business park.
8.41 The Environmental Health Officer nevertheless requires a condition to be
attached to any approval to ensure that any dwellings are adequately
insulated from noise.
8.42 The end use of the development site as residential dwellings would not be
expected to give rise to in-principle concerns relating to noise generation for
existing residents. This is not an inherently noisy land-use. Construction on
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the other hand does create noise, and the NPPF also notes the need to
mitigate and reduce to a minimum potential adverse impacts resulting from
noise from new development – and avoid noise giving rise to significant
adverse impacts on health and the quality of life (paragraph 180).
Limitations should consequently be imposed on hours of work in the terms of
any permission.
8.43 Dust generation can also be problematic to neighbouring residents during
construction and the in the event of any permission being granted developer
will be expected to submit by condition a dust mitigation strategy to minimise
the effect of this on existing residents and the wider environment.
8.44 There are concerns over the indicative layout given the haphazard
relationship of the parking spaces with the properties they are meant to
serve. Whilst layout has been withdrawn from consideration the issue is
raised whether the proposal is an overly intensive development of the land.
Ten dwellings on a site of 0.46 hectares is 21.7 dwellings/ hectare and not
by itself an issue. Part of the site is, however, taken up by the stone barns
and excluding these and the part of the site that is access only reduces the
site to 0.33 hectares; 30 dwellings / hectare.
8.45 Thirty dwellings per hectare is stated as being the minimum net density by
the emerging Local Plan Policy HS1, but with the comment that where it can
be demonstrated that development at such densities would be detrimental to
local character or amenity, or site constraints would prevent these densities
from being achieved, then development may be permitted at a lower density.
8.46 The Council’s House Extensions and Garages Design Guide is an adopted
supplementary planning document in support of saved Local Plan Policy
HD20. Aimed primarily at householder development, its annexes do provide
guidance on separation distances between dwellings to maintain residential
amenity, which is equally as relevant to new residential development and the
reserved matter details subsequent to any approval of this application would
be expected to conform to those specified distances.
18/04765/OUTMAJ 20
8.47 Policy HD20 requires new buildings to make a positive contribution to the
spatial quality of the area and their siting should respect the area’s character
and layout.
8.48 The site is constraints by the stone barns and the slope of the land towards
the public bridleway; the latter may be addressed through level changes but
nevertheless this together with the barns constitutes a notable constraint on
the developable ability of the site. The indicative layout shows properties
facing the main rear elevation of the barns 15m distant whereas 18-21m
would normally be expected, and other properties 4m from a gable end
where 12m would be the norm.
8.49 It is consequently difficult to judge how 10 dwellings could be acceptably
accommodated on the site; a matter which is the role of an indicative layout
and which the submitted document wholly fails to achieve. The proposal is
consequently considered to be an overly intensive development of the site
which would unreasonably reduce the level of residential amenity which any
occupier of the proposed dwellings, including those provided by the
conversion of the barns.
8.50 Heritage
8.51 The NPPF sets out that the effect on a non-designated heritage asset has to
be taken into account (Para.197). The stone barns along with the farmhouse
and Crimple Cottages are such assets and the proposed development would
cause less than substantial of harm to their setting.
8.52 Highways
8.53 Paragraph 108 of the NPPF requires sustainable transport modes to be
taken up, given the development and its location, safe and suitable access
achieved for all users. Development should only be prevented or refused on
transport grounds if there would be an unacceptable impact on highway
safety, or the residual cumulative impacts on the road networks would be
severe.
18/04765/OUTMAJ 21
8.54 Policy SG4 of the Core Strategy states that the travel impact of any scheme
should not add significantly to any pre-existing problems of access, road
safety or traffic flow and should have been fully addressed in accordance
with Policies TRA1, TRA2 and TRA3 of the Core Strategy.
8.55 Policy TRA1 encourages the reduction in the need to travel and seeks to
improve accessibility to jobs, shops, services and community facilities.
8.56 Policy TRA2 requires that development of a site should maximise the
opportunity to improve accessibility to key services and facilities.
8.57 Policy TRA3 identifies areas where the Council will work with the County
Council and other transport providers to implement measures to reduce
traffic congestion and improve accessibility to jobs, shops, services and
facilities.
8.58 North Yorkshire County Council, as the Local Highway Authority do not
oppose the development. The vehicles generated by ten dwellings would be
negligible in the wider context.
8.59 Trees and Ecology
8.60 A detailed arboricultural method statement and impact assessment along
with ecological mitigation measures would be required as part of any
reserved matters application. Bats are known to be present and requisite
consent from Natural England will be required in respect of the separate
development of the barns
8.61 Flood Risk, Foul and Surface Water drainage
8.62 Core Strategy Policy EQ1 requires all new development to minimise flood
risk.
8.63 As with any new green field development on surface water will be required to
be discharged at a restricted rate to avoid flooding. The land is in Flood Zone
1 and hence the least likely to be at flooding risk. Both surface water and foul
sewers are available nearby.
8.64 Loss of Agricultural Land
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8.65 The application proposes the development of agricultural land. The NPPF
advises that where ‘significant’ development of agricultural land is deemed to
be necessary, authorities should seek to use areas of poorer quality land in
preference to that of a higher quality. ‘Significant’ is not defined within the
Framework, although appeal decisions do indicate that this scale of
development is not ‘significant’ even if the land were to of high quality.
8.66 Conclusion on Environmental Issues
8.67 Para.8 of the NPPF indicates, amongst other thing, that the planning system
needs to contribute to protecting and enhancing the natural built and historic
environment. The proposed development would be a locally significant over
intensive expansion beyond the development limit without overriding
justification for such that would adversely harm the character, amenity and
recreational value of a public right of way set in a Special Landscape Area.
8.68 ECONOMIC SUSTAINABILITY
8.69 It is acknowledged that the development of new housing has economic
benefits, through the employment created on site during the construction
phase of development and work created for the construction supply chain.
Residents would support local services.
8.70 Conclusion on Economic Issues
8.71 The proposed development has some economic benefits.
9.0 PLANNING BALANCE & CONCLUSION
9.1 Given the “significant weight” attractable to the emerging local plan,
paragraph 48 of the NPPF is material in terms of that framework and the
'tilted balance' is changed such that the application site being beyond the
development limit is a significant negative feature strengthened notably by
the harm caused to the public right of way and the overly intensive nature of
the proposal within the Special Landscape Area. The proposal consequently
fails to achieve the social and environmental strands of sustainable
development and the harm demonstrably outweighs the benefits of the
18/04765/OUTMAJ 23
proposal such that it does not represent sustainable development. This is a
material consideration, which weighs against the proposed development.
9.2 The proposal also would not accord with the development plan.
9.3 There are consequentially no material considerations of sufficient weight to
warrant the planning permission being granted.
9.4 The application would have been recommended for refusal.
10.0 RECOMMENDATION
10.1 That the application would have been REFUSED on the following grounds
1) That the proposed site lies beyond the development limit for Harrogate
set out in the emerging Harrogate District Local Plan and due to the
number of dwellings proposed and the constraints of the site would
represent an overly intensive development of the site harmful to
residential amenity and the amenity and recreational value of the
adjacent public right way and the Special Landscape Area contrary to
Policies EQ2 and SG4 of the Harrogate District Core Strategy and saved
policies C9, HD20 and R11 of the adopted Harrogate District Local Plan.
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: Mike Parkes Expiry Date: 14 February 2019