18/04859/OUT 1

Case No. 18/04859/OUT Item No. 07

Location: Land Comprising Field At 424380 460176, Birstwith, North Yorkshire.

Proposal: Outline application for the erection of 5 dwellings with access

considered.

Applicant: Mr David Holmes

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

Reason for report: This application is presented to the Planning Committee because

Councillor Tom Watson made a request to the Chief Planning Officer, on the basis

that the widening Nidd Lane and the provision of a footpath would bring benefits to

all pedestrians and traffic that use the lane. On the basis of that request, the Chief

Planning Officer determined that the application is of a sensitive nature and therefore

it should be considered by the planning committee.

SUMMARY

The proposed development would cause significant harm to the setting of the

village and to the landscape character and visual amenity of the area. The

required improvements to Nidd Lane would further erode the visual amenity

and rural character of the area. The proposal is therefore contrary to the

requirements of the Local Plan and Core Strategy. The harm that would result

from the proposal would significantly and demonstrably outweigh the benefits

of the proposal in maintaining the District’s 5 year housing land supply,

providing an affordable dwelling house, providing a footpath along Nidd Lane

and the modest economic benefits of the proposal. There are no other material

considerations in this case that outweigh the harm the proposal would cause.

RECOMMENDATION: Refuse

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1.0 SITE DESCRIPTION

1.1 The site is currently in agricultural use and is located on the north side of Nidd

Lane, approximately 200 metres west of its junction with Clint Bank. It is

outside the development limit for Birstwith, as defined in the 2001 Harrogate

District Local Plan.

1.2 Nidd Lane is a narrow country road that terminates 200 metres to the west at

Nidd House Farm. The site is bounded by mature hedgerows to the east,

west and south, and is open to the north. A wide grass verge fronts Nidd

Lane to the south of the site. West House Farm, a grade II listed building,

lies to the northeast of the site. A number of the outbuildings associated with

the farmhouse have been converted to residential use. To the south of the

site, on the opposite side of Nidd Lane, is a residential development of

bungalows served by Nidd Rise. The boundary to the Nidderdale AONB lies

approximately 120 metres to the southwest of the site. The trees along the

eastern boundary of the site are subject to a Tree Preservation Order.

2.0 PROPOSAL

2.1 The application seeks outline planning permission for five dwelling houses

with access considered (site area 0.27ha).

3.0 APPLICANT'S SUPPORTING INFORMATION

Landscape and Visual Impact Assessment

Arboricultural Survey Report

Drainage and Highway Appraisal

Preliminary Ecological Survey

Design and Access Statement

Contamination Screening Assessment

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4.0 RELEVANT HISTORY

4.1 15/01045/OUTMAJ - Outline application for the erection of 5 dwellings with

access considered. (Site area 0.59ha) - refused 10/6/15. Dismissed on

appeal 2/12/15.

4.2 Reason for refusal: The proposed development would cause significant harm

to the setting of the village and to the landscape character and visual

amenity of the area by extending the built form of the village into open

countryside at a location where there is a distinct break between the built

form to the south of Nidd Lane and the open countryside to the north. The

required highway improvements to Nidd Lane would further erode the visual

amenity and rural character of the area. The proposal is therefore contrary to

policies SG4 and EQ2 of the Core Strategy and to saved policies HD20, C1

and C2 of the Harrogate District Local Plan.

4.3 The current site is approximately half the size of the one considered under

15/01045/OUTMAJ but fronts onto the same section of Nidd Lane.

5.0 NATIONAL & LOCAL POLICY

5.1 National Planning Policy

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

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

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

development plan unless material considerations indicated otherwise. The

NPPF is a material consideration in planning decisions.

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

development.

Core Strategy

Policy SG1 Settlement Growth: Housing Distribution

Policy SG2 Settlement Growth: Hierarchy and limits

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Policy SG3 Settlement Growth: Conservation of the countryside, including

Green Belt

Policy SG4 Settlement Growth: Design and Impact

Policy TRA1 Accessibility

Policy EQ1 Reducing risks to the environment

Policy EQ2 The natural and built environment and green belt

Policy C1 Inclusive communities

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

Policy R11 Rights of Way

Policy HD20 Design of New Development and Redevelopment

Policy H5 Affordable Housing

Policy C1 Conservation of Nidderdale A.O.N.B

Policy C2 Landscape Character

5.5 Supplementary Planning Documents

Landscape Character Assessment of Harrogate District

Biodiversity Design Guide

Provision for Open Space in Connection with New Housing Development

Provision for Village Halls in Connection with New Housing Development

5.6 Other material policy considerations:

Planning Practice Guidance

Harrogate District Emerging Draft Local Plan

6.0 CONSULTATIONS

6.1 EHO Contaminated Land - No objection subject to conditions relating to

contaminated land, electric vehicle charging points and noise impact

assessment.

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6.2 Coal Planning And Local Authority Liaison - 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.

6.3 NYCC Highways And Transportation - New footway and carriageway

widening required along Nidd Lane.

6.4 Yorkshire Water - No objection subject to conditions to control foul and

surface water drainage.

7.0 VIEWS OF THE PARISH COUNCIL

7.1 Birstwith Parish Council neither object to or support the application but have

made the comments set out below:

Surface water is a concern and they suggest that attenuation tanks are

installed if planning permission is granted.

Entry to and from the development is too restricted. Nidd Lane is only 2.5

metres wide prior to the entry to the site and this would make access

impossible for large and medium sized vehicles. They would have to

mount the grass verges causing bad feelings with local residents on this

country lane. If development is granted the developer has assured the

parish council that he has offered to pay for a footpath on the south side

of Nidd Lane from Nidd Rise to Station Road. A suggested width of 1.4

metres would be ideal and we would like to suggest that this offer forms

part of the requirements is planning permission is granted.

8.0 OTHER REPRESENTATIONS

8.1 14 representations received. Below is a summary of the concerns raised.

Nidd Lane is a single-track lane with no footpath and does not have

sufficient capacity to accommodate a further development.

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Concerns about the impact of additional traffic on congestion and

highway and pedestrian safety in the village.

This site is not within easy walking distance to the amenities in the village

and the proposal would therefore result in additional use of the car.

Flooding/drainage issues.

Inadequate amenities and infrastructure in the village to accommodate

the proposal.

Loss of trees, hedgerows and wildlife.

Harm to the character of the village and countryside, including the

Nidderdale AONB.

Nothing has changed since the previous application so why are the

Parish council not objecting to this one as well.

Precedent for developing other fields to the north of Nidd Lane.

The loss of the grass verge to accommodate a footpath along Nidd Lane

would be another example of unwanted urban creep, which is ruining the

parish’s rural character.

9.0 ASSESSMENT

9.1 The main issues in the consideration of this application are as follows:

Housing Land Supply

Affordable Housing

Access to Services and Public Transport

Impact on Landscape Character and the Setting of the Settlement

Impact on the Listed Buildings

Impact on Existing and Proposed Residents

Highways

Ecology

Drainage and Flood Risk

Public Open Space/Village Hall Provision

Economic Benefits

Planning Balance and Conclusion

9.2 Sustainability

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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, economic and environmental.

9.4 Policy EQ1 (Reducing Risks to the Environment) of the Core Strategy aims to

reduce the environmental impacts of development within the District, and the

consequential risks for climate change. Policy TRA1 aims to reduce the need

to travel and improve accessibility to jobs, shops, services and community

facilities.

9.5 SOCIAL SUSTAINABILITY

9.6 Housing Land Supply

9.7 The NPPF (July 2018) 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 appropriate buffer.

9.8 Where an authority cannot demonstrate a 5-year supply of housing land,

policies relating to the supply of housing land are rendered out-of-date

(NPPF, Para 11d). Instead, housing applications should be assessed under

Paragraph 11 of the NPPF and the presumption in favour of sustainable

development should apply.

9.9 Following work to review the Council’s housing supply figures prior to the

Local Plan Examination in Public it is considered that the council has a 5.56

year supply. 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 this means that the presumption in favour of sustainable

development in Paragraph 11 is not triggered on the basis of the land supply

position alone.

9.10 Whilst the Council can now demonstrate a 5 year supply of land for housing it

is important to take steps to maintain it. This is because the Council’s

adopted policies for the supply of housing contained within the current Local

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Plan/Core Strategy and associated development limits are out-of-date and

can be given no more than limited weight. In order to maintain the supply

position greenfield land outside the existing development limits will continue

to be needed.

9.11 Out-of-date policies also means that Paragraph 11 of the NPPF and the

presumption in favour of sustainable development is engaged (NPPF Para

11(d)). 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.

9.12 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.

9.13 The proposed development would deliver 5 dwelling houses and thereby

make a modest contribution towards meeting the district's housing need.

This constitutes a modest social benefit.

9.14 Affordable Housing:

9.15 Only the access details are for consideration under this application and

therefore it is not possible to establish whether affordable housing is required

because the floorspace of the dwellings is not known. Schemes for five or

less dwelling are not required to provide affordable housing, unless the

overall floorspace of all the dwellings exceeds 1000 square metres. This can

be controlled by condition/legal agreement and resolved at the reserved

matters stage, should members be minded to approve the proposal.

9.16 Notwithstanding the above, the applicant has offered to provide one

affordable house on the site. This is not necessary to make the

development policy compliant at this point. Again this could be controlled by

condition should members be minded to approve the proposal. The provision

of an affordable dwelling constitutes a social benefit.

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9.17 Access to Services and Public Transport:

9.18 Birstwith is listed as a group B settlement under policy SG2 of the Core

Strategy. The policy advises that these villages will maintain their roles as

local rural centres providing the focus for new housing in the rural areas of

the District. The supporting text to the policy advises that these villages have

the best access to jobs, shops and services by non-car modes of transport.

The site is on the edge of the settlement but it is considered that future

occupiers would still have reasonable access to all the services that Birstwith

has to offer.

9.19 ENVIRONMENTAL SUSTAINABILITY

9.20 Impact on Landscape Character and the Setting of the Settlement:

9.21 The NPPF (2018) notes at paragraph 130 that permission should be refused

for development of poor design that fails to take the opportunities available

for improving the character and quality of an area and the way it functions.

Paragraph 170 advises that planning policies and decisions should

contribute to and enhance the natural and local environment by, amongst

other things, recognising the intrinsic character and beauty of the

countryside

9.22 Policies SG4 of the Core Strategy advises that new development should be

well integrated with and complementary to neighbouring buildings and the

spatial quality of the area, and be appropriate to the form and character of

the settlement and landscape character.

9.23 Policy EQ2 seeks to protect the districts exceptionally high quality natural and

built environment whilst saved policy HD20 of the Local Plan promotes high

quality design. Saved policy C2 seeks to protect existing landscape

character. Saved policy C1 states that development, which would have a

significant adverse impact on the landscape of the AONB, will not be

permitted.

9.24 The Landscape Character Assessment of Harrogate District notes: ‘there is

pressure for built development in this area for residential, tourism and small

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industry purposes. This area’s ability to accept change without harm to its

character is limited, especially where development would be visible…’

9.25 Nidd Lane forms the defined boundary of the settlement beyond which the

open countryside extends uninterrupted to the north and west. The boundary

to the Nidderdale AONB lies approximately 120 metres to the southwest of

the site.

9.26 The proposed development would be seen adjacent to the large paddock/field

to the east and attractive open countryside to the north and west. It would

not constitute 'in-filling' or 'rounding off' of the existing built up area but would

extend the built up area into the open countryside.

9.27 It is officer opinion that the proposed development would be a distinctive

break from the existing built up confines of the village and a jarring intrusion

into an open agricultural landscape. This intrusion would cause significant

harm to the setting of the village and to the landscape character and visual

amenity of the area.

9.28 The requirement to widen Nidd Lane and provide a footpath from Nidd Rise to

the junction of Nidd Lane with Clint Bank would provide benefits, in terms of

highway safety, but would also erode the rural character of the lane and this

edge of village location, which would add to the harm identified above.

9.29 In the appeal decision on the previous application the inspector considered

that the development would not be seen as ‘in-filling’ or ‘rounding off’ of the

village but would appear as a remote spur of housing extending into the

countryside, separated from the edge of the settlement and not integrated

with it. He concluded that the environmental dimension of sustainable

development would not be satisfied and that, therefore, the proposal would

not be sustainable development.

9.30 Impact on the Listed Buildings

9.31 Section 66(1) of the Planning Act introduced a requirement that, when

considering a planning application for development that affects a listed

building or its setting, Local Planning Authorities shall have special regard to

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the desirability of preserving the building or its setting or any features of

special architectural or historic interest, which it possesses. West House

Farm, to the northeast of the site, includes a grade II listed farmhouse and

barn. The proposed development is offset from the farmhouse and barn and

a paddock area would remain between the farmhouse and Nidd Lane. In this

circumstance, it is considered that the proposal would cause less than

substantial harm to the setting of the listed buildings.

9.32 Impact on Existing and Proposed Residents

9.33 Policy SG4 of the Core strategy seeks to protect residential amenity. The

application is outline at this stage, with only access for consideration. It is

considered that overlooking, overbearing or overshadowing impacts to

existing and proposed properties could be adequately controlled at the

reserved matters stage, when the site layout, landscaping, scale and

appearance would be considered.

9.34 Highways

9.35 NYCC Highways Authority had no objection to the previous proposal

(15/01045/OUTMAJ), subject to conditions to control the layout of the access

and requiring the widening of Nidd Lane and footpath provision from Nidd

Rise to the junction of Nidd Lane with Clint Bank. The proposed access

position has moved further to the east under this application but this should

not have a significant impact on the safety of the access. In these

circumstances, it is considered that the proposal would not have an

unacceptable impact on the highway network and highway safety.

9.36 Ecology

9.37 A section of hedgerow and a small tree, in the wide grass verge along the site

frontage, will need to be removed to accommodate the access and

sightlines. It is officer opinion that any loss could be adequately mitigated by

replacement planting which could be conditioned. The council’s ecologist

has no objection to the proposal subject to conditions to protect bats and

nesting birds. The arboricultural officer objects to the loss of trees within the

grass verge.

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9.38 Drainage/Flood Risk:

9.39 Yorkshire Water has no objection to the proposal subject to conditions to

control foul and surface water drainage. No comments have been received

from the council’s Land Drainage Officer but he had objection to the previous

proposal, subject to a condition to control surface water drainage. In this

circumstance, it is considered that the proposal will not have an

unacceptable impact on drainage or flood risk, subject to the proposed

condition.

9.40 Public Open Space/Village Hall Provision:

9.41 There is no requirement to contribute towards public open space or village

halls for schemes of five dwellings or fewer.

9.42 ECONOMIC SUSTAINABILITY

9.43 Economic Benefits:

9.44 The proposed development would have modest economic benefits through

investment in construction and through the spending of future occupiers in the

area.

10.0 PLANNING BALANCE & CONCLUSION

In accordance with Paragraph 11 of the NPPF the proposal is considered in

the context of the presumption in favour of sustainable development. There

are three dimensions to sustainable development: economic, social and

environmental. These roles are interdependent and need to be pursued in

mutually supportive ways.

Paragraph 11 of the NPPF advises that where policies are out of date,

planning permission should be granted unless any adverse impacts of doing

so would significantly and demonstrably outweigh the benefits of

development when assessed against the policies of the NPPF as a whole.

The proposed development would result in modest social benefits by

contributing towards the districts housing need, including one affordable

dwelling, which the applicant has offered to provide.

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The improvements to Nidd Land, particularly the provision of a footpath,

would also be of benefit to both existing and proposed residents in terms of

road safety.

Additionally the proposal would provide economic benefits both during the

construction phase and the operational phase, which should be given some

weight in the assessment of the proposal.

However, the proposal would also cause significant harm to the setting of the

village and to the landscape character and visual amenity of the area. The

required improvements to Nidd Lane would further erode the rural character

of the area. It is officer opinion that the harm that would result from the

proposal would significantly and demonstrably outweigh the benefits. It is

therefore considered that the proposal would not constitute sustainable

development.

11.0 RECOMMENDATION

11.1 That the application be REFUSED

Reason for Refusal:

The proposed development would cause significant harm to the setting of the

village and to the landscape character and visual amenity of the area by

extending the built form of the village into open countryside at a location

where there is a distinct break between the built form to the south of Nidd

Lane and the open countryside to the north. The required highway

improvements to Nidd Lane would further erode the visual amenity and rural

character of the area. This harm would significantly and demonstrably

outweigh the benefits of the proposal. The proposal is therefore contrary to

policies SG4 and EQ2 of the Core Strategy and to saved policies HD20, C1

and C2 of the Harrogate District Local Plan.

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

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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:

Gerard Walsh Expiry Date: 5 April 2019