19/00040/RG3 1

Case No. 20/01045/RG3 Item No.02

Location: 21 Manor Gardens, Killinghall, Harrogate, HG3 2DS

Proposal: Erection of 1 no. dwellinghouse.

Applicant: Harrogate Borough Council

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

because it is an application for a new dwelling by Harrogate Borough Council.

SUMMARY

The proposed scheme would provide much needed affordable housing and this is a

significant planning benefit. The proposal is also acceptable in terms of its siting,

design and external appearance; the impact upon neighbouring residential amenity;

highway safety and traffic flow; and land contamination and pollution risks.

As such the development is compliant with the development plan, the Harrogate

District Local Plan 2014-2035, and guidance set out in the National Planning Policy

Framework and Planning Practice Guidance, and there are no material

considerations in this instance that warrant setting aside local planning policies.

RECOMMENDATION: Approve subject to conditions

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SITE DESCRIPTION

1.1 No. 21 Manor Gardens, a brick and tile property, was originally a semi-

detached 3 bed house with no.22. It is now an end terrace dwelling, as a 2

bed dwelling (no.22A) was constructed in 2016 on the far end of no.22.

No.22A projects both forward and rearward of the original dwellings by 1.1m,

to a total depth of 8.315m.

1.2 A small conservatory is situated on the end of no.21 and, otherwise, the side

garden extends 10.6m to a low fenced joint boundary with no.20; either side

of which are driveways to garages serving each property.

1.3 An apple blossom tree is located to the front of this area and there is a

cypress tree beyond the garage.

1.4 A water main passes diagonally under the side garden.

2.0 PROPOSAL

2.1 Planning permission is sought by the Council's Housing and Property team,

for the construction of a three bedroomed dwelling to be attached to no.21,

similar to that at 22A, resulting in a four property terrace, with matching

materials being used. The proposal would be designed, constructed and

managed by Harrogate Borough Council and would become part of the

Council's housing portfolio.

2.2 As per the changes made to no.22 in 2016, no.21 would be provided with two

frontage parking spaces and bin storage, while the new dwelling will have

two driveway parking spaces; the existing garage to no.21 is to be removed

along with the trees.

2.3 The water main is to be realigned clear of the proposed dwelling.

3.0 APPLICANT'S SUPPORTING INFORMATION

3.1 The following supporting information has been submitted:

• Design and Access Statement

• Contaminated Land Assessment

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4.0 RELEVANT HISTORY

4.1 16/00157/RG3 – Erection of 1 dwelling and bin store, formation of vehicular

access and associated hardstanding and relocation of dropped crossing – 22

Manor Gardens. Approved 30.03.2016.

5.0 NATIONAL & LOCAL POLICY

5.1 National Planning Policy

5.2 The National Planning Policy Framework March 2019 (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 Harrogate District Local Plan 2014-2035

Policy CC1 Flood Risk and Sustainable Drainage

Policy CC2 Rivers

Policy CC3 Renewable and Low Carbon Energy

Policy CC4 Sustainable Design

Policy GS1 Providing New Home and Jobs

Policy GS2 Growth Strategy to 2035

Policy GS3 Development Limits

Policy HP3 Local Distinctiveness

Policy HP4 Protecting Amenity

Policy NE2 Water Quality

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Policy NE5 Blue and Green Infrastructure

Policy NE7 Trees and Woodland

Policy TI1 Sustainable Transport

Policy TI3 Parking Provision

Policy TI5 Telecommunications

5.5 Supplementary Planning Documents

House Extensions and Garages Design Guide

Residential Design Guide

5.5 Other material policy considerations:

Planning Practice Guidance

6.0 CONSULTATIONS

6.1 Environmental Health Officer – Notes the submitted screening

contamination assessment and request an Unforeseen Land Contamination

Informative is added to any permission. Comments on the need for Suitable

and sufficient provision for the storage and containment of refuse and

access for its collection.

6.2 Estates Manager - Do not object.

6.3 NYCC Highways And Transportation – Do not object. Request conditions

be attached to any approval in respect of access / kerb crossing construction

and provision of parking spaces.

6.4 Yorkshire Water – Do not object. Request conditions be attached to any

approval. Require protection of the water main and advise that it may be

possible to have it diverted which would be at the developers expense and

the costs may be prohibitive.

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7.0 VIEWS OF THE PARISH COUNCIL

7.1 The Parish Council neither support nor object to the application, although they

would like taking into consideration that the dwelling looks too big for the plot

and perhaps would not be aesthetically pleasing ruining the street scene.

Amended plans have subsequently been submitted.

8.0 OTHER REPRESENTATIONS

8.1 Two letters of representation received raising the following issues:

Parking on Manor Gardens is at minimum; this will make it worse.

Road needs repairing and widening before anything else is built, can

barely cope.

9.0 ASSESSMENT

9.1 Sustainability

9.2 Sustainability is the central theme running through the National Planning

Policy Framework (NPPF), and proposals for sustainable development

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

social, economic and environmental.

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

economic, social and environmental gains should be sought jointly and

simultaneously.

9.4 SOCIAL SUSTAINABILITY

9.5 Housing Land Supply

9.6 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires

applications to be determined in accordance with the development plan

unless material considerations indicate otherwise. The adopted Local Plan

is the starting point for determination of any planning application.

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9.7 The Harrogate District Local Plan 2014-2035 was adopted by Harrogate

Borough Council on 4 March 2020. All the policies in the Local Plan can

therefore be given full weight.

9.8 The NPPF is a material consideration which at paragraph 11 requires local

planning authorities to approve development proposals that accord with an

up-to-date development plan without delay.

9.9 Paragraph 12 advises that where a planning application conflicts with an up-

to-date development plan (including any neighbourhood plans that form part

of the development plan), permission should not usually be granted. Local

planning authorities may take decisions that depart from an up-to-date

development plan, but only if material considerations in a particular case

indicate that the plan should not be followed.

9.10 Material to the consideration of this application is the Local Plan and the 5

year land supply position. The Council’s Local Plan makes allocations of

land and sets development limits under Policy GS3 to meet the housing

needs of the district to 2035. This application lies within the development

limit for Killinghall, which is classed as a service village under Policy GS2.

9.11 Both the Local Plan and the 5 year land supply position are material to the

consideration of this application. With regard to 5 year land supply the

Council has a healthy land supply position, currently 6.71 years when

compared against the housing requirement, with an appropriate buffer. A

minimum of 13,377 new homes, including affordable housing are required

under Policy GS1 by 2035. Accordingly, the policies which are most

important for determining the application are not considered to be out-of-

date. Full weight can be afforded to the housing policies in the Local Plan.

9.12 Conclusion on Social Issues

9.13 The proposed development is for the creation of an affordable housing

property. The location of the house within the development limits of

Killinghall is in a sustainable location, which accords with the policies of the

Local Plan.

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9.14 ENVIRONMENTAL SUSTAINABILITY

9.15 Character and Appearance

9.16 The National Planning Policy Framework (NPPF) sets out within its 12 core

planning principles the importance of always seeking to secure high quality

design and a good standard of amenity for all existing and future occupants

of land and buildings.

9.17 Policy HP3 Local Distinctiveness of the Local Plan requires appropriate high

quality design, while Policy NE5, Green and Blue Infrastructure, requires

development proposals to be designed to a high standard and maintain and

enhance the local vernacular and 'sense of place' of individual settlements.

9.18 The proposal would visually replicate the existing form of the opposite end of

the resulting terrace, which itself was considered to have an acceptable

impact on the established streetscene of Manor Gardens and was of a

design that was drawn from existing houses on Manor Gardens so as not to

appear out of place.

9.19 A slightly variation will exist compared to the 2016 addition (no 22A), as that

was a 2 bed dwelling 6.065m wide, whereas this proposal is a 3 bed dwelling

of 6.290m width. The front elevation fenestration is the same. No material

harm is caused.

9.20 The proposal consequently accords with this aspect of the development plan.

9.20 Amenity - impact on existing and proposed residents

9.21 Policy HP4, Protecting Amenity, requires no significant adverse impacts on

amenity to arise. The NPPF seeks a good standard of amenity for all existing

and future occupiers of land and buildings.

9.22 The Council’s House Extensions and Garages Design Guide (‘Design Guide’)

sets out recommended separation distances between properties, windows

and gardens to minimise harm to residential amenity. The guide is an

adopted Supplementary Planning Document (SPD) and whilst written for

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householder development, its annexes relating to separation distances are

equally applicable to new residential development.

9.23 The property is arranged to minimise its impact on neighbouring dwellings

with the setback maintaining privacy of no.21 in the same manner of no.22

with no.22A. It will be positioned forward of No.20 to the north-west which

has a side door and first floor window and adequately distant with some 11m

between the alignments of the dwellings. The proposed side elevation

towards no.20 does feature two ground floor windows and a first floor

window. The window would be 5.2m from the joint boundary and at least

2.6m forward of the dwelling no.20 and 11.3m distant. This complies with

the separation distances set out in the Annex to the House Extensions and

Garages Design Guide.

9.24 Beyond the rear curtilage lies the garden to no.23, the proposed dwelling

would be 6.6-6.9m from the rear boundary and would, at first floor, only have

a bathroom window. This also accords with the terms of the Design Guide.

It would be appropriate to specify the minimum level of obscurity for this

window and preclude any further first floor windows to those shown on the

submitted details through the terms of any permission that may be granted.

9.25 The comments of the Environmental Health Officer concerning facilities for

refuse are noted. Both the proposed dwelling and no.21 have appropriate

storage areas shown on the submitted site plan and compliance with that

drawing would be specially conditioned in the terms of any approval.

9.26 Although not referenced in the received consultation responses it would be

appropriate to restrict the time of construction activity through a condition

attached to any permission.

9.27 Highways

9.28 Local Plan Policy TI1, Sustainable Transport, seeks to ensure development

proposals seek to minimise the need to travel and achieve more sustainable

travel behaviour. In addition, the policy seeks to locate, as far as possible,

the majority of future development so that it is accessible within the key bus

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service corridor. Policy TI3, Parking Provision, requires appropriate parking

facilities to be provided.

9.29 Paragraph 108 of the NPPF requires, safe and suitable access to be 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.

9.30 Whilst noting the representations that have been received, the Local Highway

Authority do not oppose this application; adequate parking is provided for

both the existing and proposed dwellings and the site is around 500m from a

stop on a key bus service corridor

9.31 There are no highway safety issues with the proposal.

9.32 Both Policy TI1 and the NPPF seek provision for sustainable transport and

consequently a condition should be attached to any approval regarding the

provision of an electric vehicle charging point.

9.33 Trees

9.34 Local Plan Policy NE7, Trees and Woodland, states that development should

protect and enhance existing trees that have wildlife, landscape, historic,

amenity, productive or cultural value or contribute to the character and/or

setting of a settlement, unless there are clear and demonstrable reasons

why removal would aid delivery of a better development.

9.35 The loss of the apple blossom tree and the cypress are regrettable but neither

are of such merit to justify further protection or an opposition to the

development.

9.36 Water supply, Flood risk, Foul and Surface water drainage

9.37 Local Plan policies CC1, Flood Risk and Sustainable Drainage, CC2, Rivers,

and NE2, Water Quality, advise development will only be permitted where it

has an acceptably low risk of being affected by flooding, and that the quality

of water bodies and their ecological systems should be protected and

enhanced. Effects on surface and ground water should be considered and

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appropriate sewerage infrastructure provided without deterioration to water

quality.

9.38 The development in terms of own needs does not pose any flooding, drainage

or water supply issues. There is, however, a water main that crosses the

site and this will require diverting. Adequate space exists to provide the

protected 10m wide strip that Yorkshire Water require.

9.39 Land Contamination

9.40 The Environmental Health Officer has reviewed the application and advised

that given the previous use (as a garden) it is very unlikely that the

application site is contaminated. An appropriate informative should be

attached to any approval in the event of contamination being found.

9.41 ECONOMIC SUSTAINABILITY

9.42 With regards to the economic role of sustainable development, the proposed

development will help maintain jobs and provide economic benefits to the

construction industry supply chain during the construction phase.

9.43 The costs of the water main diversion may mitigate against the economic

viability of the proposal but that is a matter for the developer rather than the

Council as the Local Planning Authority.

9.44 OTHER MATTERS

9.45 There is obvious encouragement of renewable energy in whatever form and

Local Plan Policy CC3, Renewable and Low Carbon Energy, offers support

to projects incorporating such, including small-scale renewable and low

carbon energy generation into the design of new developments where

appropriate, feasible and viable. Policy CC4, Sustainable Design, notes that

the council will require all developments to be designed to reduce both the

extent and the impacts of climate change; promoting zero carbon

development and encouraging developments to meet the highest technically

feasible and financially viable environmental standards during construction

and occupation.

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9.46 The applicant advises that, where a gas supply exists, gas central heating is

installed as it is more cost efficient. In situations where electric is the only

means of heating air source heat pumps are provided. Previously roof

mounted PVs were used, however, this is now cost prohibitive, especially on

a north-west facing roof as in this proposal.

9.47 They state their new build, social housing units are exceptionally well

insulated and extremely airtight achieving energy efficiency ratings of A or a

high B depending on the size and type of property. The homes are timber

framed, a renewable resource, and the external materials will blend with the

neighbouring properties.

9.48 Local Plan Policy TI5, Telecommunications, requires appropriate broadband

access to be provided in new developments. It is understood that broadband

facilities exist in the street.

10.0 PLANNING BALANCE & CONCLUSION

10.1 In accordance with the development plan and the NPPF, the proposal is

considered in the context of the presumption in favour of sustainable

development. In line with Paragraph 11 of the NPPF, 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.

10.2 The proposed scheme would provide an additional unit of affordable housing

and this is a significant planning benefit. The proposal is also acceptable in

terms of its siting, design and external appearance; the impact upon

neighbouring residential amenity; highway safety and traffic flow; and land

contamination and pollution risks.

11.0 RECOMMENDATION

11.1 That the application be APPROVED subject to conditions, which are:

1 The development hereby permitted shall be begun on or before 3

years.

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2 The development hereby approved shall be carried out in strict

accordance with the following approved plans and documents as

modified by the further conditions of this consent:

03C Proposed Site Plan dated June 2020

04B Proposed Elevations dated May 2020

05B Proposed Floor Plans dated May 2020

3 Construction activity shall only take place between the hours of 08:00

to 18:00 Monday to Friday, 08:00 to 13:00 Saturdays and not at all on

Sundays and Bank Holidays.

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

investigative works, or the depositing of material on the site until the

access to the site have been set out and constructed in accordance

with the published Specification of the Highway Authority and the

following requirements:

(a) The crossing of the highway verge and footway shall be constructed

in accordance with the Standard Detail number E6.

(b) Provision to prevent surface water from the site/plot discharging

onto the existing or proposed highway shall be constructed in

accordance with the approved details shown on drawing Standard

Detail E6 and maintained thereafter to prevent such discharges.

(c) The final surfacing of any private access within 2 metres of the

public highway shall not contain any loose material that is capable of

being drawn on to the existing or proposed public highway.

5 No building or other obstruction including landscape features shall be

located over or within 5 metres either side of the centre line of the

water main i .e. a protected strip width of 10 metres, that enters the

site. If the required stand-off distance is to be achieved via diversion or

closure of the water main, the developer shall submit evidence to the

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Local Planning Authority that the diversion or closure has been agreed

with the relevant statutory undertaker.

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

and surface water on and off site.

7 Prior to the construction of the external walls of the dwelling hereby

approved a sample panel of the brickwork measuring 1m x 1m shall be

constructed on site showing the type of brick, coursing, mortar and

finish for the inspection and approval of the local planning authority.

Once approved the development shall be carried out in accordance

with such detail.

8 Notwithstanding the provision of any Town and Country Planning

General Permitted or Special Development Order for the time being in

force, the areas shown on drawing 03C for parking spaces, turning

areas and access shall be kept available for their intended purposes at

all times.

9 Prior to the first occupation of the dwelling, hereby approved, an

electric vehicle charging point shall be installed. The charging port

should be capable of providing for Mode 3 Charging with a minimum

16amp rating and shall be retained and maintained for the lifetime of

the development.

10 The window in the bathroom of the development hereby approved shall

be obscure glazed to level 3 or higher of the Pilkington scale of privacy

or equivalent and that level of obscure glazing shall be retained

throughout the life of the development.

11 Notwithstanding the provisions of the Town and Country Planning

(General Permitted Development) (England) Order 2015 (or any order

revoking and re-enacting that Order), no further windows shall be

inserted in the first floor elevations of the dwelling hereby approved,

without the prior written approval of the Local Planning Authority.

Reasons for Conditions:-

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1 To ensure compliance with Sections 91-94 of the Town and Country

Planning Act 1990.

2 For the avoidance of doubt and in the interests of proper planning.

3 In the interests of residential amenity.

4 To ensure a satisfactory means of access to the site from the public

highway in the interests of vehicle and pedestrian safety and

convenience.

5 In order to allow sufficient access for maintenance and repair work at

all times.

6 In the interest of satisfactory and sustainable drainage.

7 In the interests of visual amenity.

8 To ensure these areas are kept available for their intended use in the

interests of highway safety and the general amenity of the

development.

9 In the interests of providing access to sustainable transport and to

improve the air quality within the District in line with the NPPF.

10 In the interests of privacy and residential amenity.

11 In the interests of privacy and residential amenity.

INFORMATIVES

1 The applicant / developer is advised that they have a duty to adhere to

the regulations of Part 2A of the Environmental Protection Act 1990,

the National Planning Policy Framework 2012 and the current Building

Control Regulations with regards to contaminated land. If any

unforeseen contamination is encountered during the development, the

Local Planning Authority (LPA) should be informed immediately. Any

investigation / remedial / protective works carried out in relation to this

application shall be carried out to agreed timescales and approved by

the LPA in writing. Furthermore, any soil or soil forming materials to be

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brought to site for use in garden areas or soft landscaping should be

tested for contamination and suitability for use prior to importation to

site. The responsibility to ensure the safe development of land affected

by contamination rests primarily with the developer.

2 In respect of condition 4 you are advised that a separate licence will be

required from the Local Highway Authority in order to allow any works

in the adopted highway to be carried out. The 'Specification for Housing

and Industrial Estate Roads and Private Street Works' published by

North Yorkshire County Council, the Local Highway Authority, is

available at the County Council's offices. The local office of the Local

Highway Authority will also be pleased to provide the detailed

constructional specification referred to in this condition.

3 Renewable and low carbon energy projects, including incorporating

small-scale renewable and low carbon energy generation into the

design of new developments where appropriate, feasible and viable are

supported provided that the proposal does not have an unacceptable

adverse impact on the landscape, the natural environment, biodiversity,

the cultural environment, the historic environment, adjoining land uses

and residential amenity; appropriate mitigation measures taken to

minimise and, where possible address, adverse impacts; and the

proposal avoids unacceptable cumulative landscape and visual

impacts.

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: 17 July 2020