Case No. 18/02689/RG3 Item No.7

Location: Garage Block At Spence Croft, Angram, YO23 3PA

Proposal: Demolition of garages; Erection of 2 no. dwellings.

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 new dwellings by Harrogate Borough Council.

SUMMARY

The proposal would provide much needed affordable housing within Angram. The

development sits well within the streetscene and will not have an adverse impact on

the openness of the Green Belt. The design and materials proposed are acceptable,

the scheme provides off-street parking and retains the attractive trees to the front of

the site. Due to its siting and design, the scheme will not have a detrimental impact

on neighbouring residential amenity.

The proposals comply with the guidance set out in the National Planning Policy

Framework and Planning Practice Guidance, the Core Strategy policies in the

Harrogate District Local Development Framework (adopted 2009) and the saved

policies in the Harrogate District Local Plan (2001, as altered 2009) and there are no

material considerations in this instance that warrant setting aside local planning

policies.

RECOMMENDATION: Approve subject to conditions

1.0 SITE DESCRIPTION

1.1 Angram is sited within the Green Belt, which is washed over the village. The

application site is located on the edge of the village when approached from

York and comprises of a single storey block of six garages.

1.2 To the south and west of the site are open fields. To the north is No.1

Spence Croft, a red brick semi-detached property forming one of three pairs

of semi’s facing onto Dam Hill Lane.

2.0 PROPOSAL

2.1 The proposal is to demolish the existing garage block and erect a pair of

two-bedroom dwellings to be occupied and managed by the Council’s

Housing Department to provide affordable accommodation and much-

needed housing for local people.

3.0 APPLICANT'S SUPPORTING INFORMATION

Design and Access Statement

Long Marston Parish, Housing Needs Survey Report, November 2017

Contaminated Land Assessment

Biodiversity Checklist, Ecological Study and Exemption Statement

4.0 RELEVANT HISTORY

4.1 15/02459/PRE Pre-application advice given 19.8.2015

5.0 NATIONAL & LOCAL POLICY

5.1 National Planning Policy

The National Planning Policy Framework March 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. At the heart of the NPPF is a presumption in favour of

sustainable development.

5.2 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 C1 Inclusive communities

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

Policy GB1 Extent of Green Belt

Policy H5 Affordable Housing

Policy HD13 Trees and Woodlands

Policy HD20 Design of New Development and Redevelopment

5.4 Supplementary Planning Documents

Residential Design Guide

House Extensions and Garages Design Guide

5.5 Other material policy considerations:

National Planning Policy Guidance

6.0 CONSULTATIONS

6.1 Estates Manager – No objections.

6.2 NYCC Highways And Transportation – No objections, recommend a

condition requiring parking and access to be retained available for its

intended purpose.

6.3 Environmental Health Contaminated Land – No objections, conditions

recommended in air quality requiring electric vehicle charging points.

6.4 Yorkshire Water – No objections.

6.5 Ainsty Internal Drainage Board – Recommend a drainage condition.

6.6 Drainage Engineer – No objections, recommend a condition requiring

drainage details.

6.7 BT – No objections, development should not cause interference to BT’s

current and presently planned radio network.

6.8 Arboricultural Officer – No objections recommend a condition to protect

root protection areas during construction.

6.9 Ecologist – No objections recommend a condition requiring a Great Crested

Newt assessment identifying mitigation measures if required.

7.0 VIEWS OF THE PARISH COUNCIL

7.1 Long Marston Parish Council do not object or support the application but

comment; “The drainage in Angram is of great concern. Previous planning

applications have had septic tanks specified. The area at the site of the

planning application has insufficient drainage and is regularly pumped out by

the council. This problem needs addressing before any further building is

permitted.”

8.0 OTHER REPRESENTATIONS

8.1 At the time of writing the report objections have been received from four

neighbours on the following issues:-

Mains services are aged, overloaded and wholly inadequate and fail

frequently, adding to this would result in potential health risks.

Foul sewerage

Rainwater sewer to road

Water

Electricity

Telephone

Internet

If service infrastructure needs to be improved would support as it would be a

better use than the currently un-used 6 garages, which are an eyesore.

Newts within small pond

Lack of public transport

Poor design

Overlooking into private garden of No. 2

8.2 One letter in support but raises concerns with regard to current problems

with sewerage and surface water disposal and concern over current speed

of traffic through the village.

8.3 The original versions of these representations received can be viewed in full

by looking at the details of the application on the Council’s website.

9.0 ASSESSMENT

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

i. Housing Land Supply

ii. Green Belt

iii. Character and Appearance

iv. Amenity – impact on existing and proposed residents

v. Highways

vi. Trees

vii. Ecology

viii. Land Contamination

ix. Foul and surface water drainage

9.2 Sustainability

9.3 Sustainability is referenced throughout the National Planning Policy

Framework; proposals for sustainable development should be approved

without delay. There are three strands to sustainability, social, economic and

environmental. Paragraph 8 of the NPPF advises that to achieve sustainable

development, economic, social and environmental gains should be pursued

in mutually supportive ways.

9.4 SOCIAL SUSTAINABILITY

9.5 Housing Land Supply

This application is for the erection of two 2-bed affordable housing units.

The Housing Department has advised that there are currently 123

households registered on the Council’s Housing List for Marston Village Sub

Area, with 33 waiting for 2 bed accommodation.

9.6 The Council’s Housing and Economic Development Needs Assessment

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

document concludes that there is a requirement for 669 dwellings per annum

to meet the needs of the district.

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 appropriate

buffer (emphasis added). 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 provide a clear reason for refusing the

development proposed or any adverse impacts would significantly and

demonstrably outweigh the benefits.

9.8 The July 2018 Housing Land Supply Update has been completed (the full

review can be viewed on the Council website). This shows that the council

has a 5.02 year supply, meaning that paragraph 11 of the NPPF is not

automatically triggered on that particular basis. However, the supply position

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

9.9 In order to maintain the supply position, greenfield land outside the existing

development limits will continue to be needed. This means that the

development limits are considered out of date and can be given no more

than limited weight. By virtue of this, paragraph 11 of the NPPF is once

again engaged. Therefore, permission should be granted unless policies in

the NPPF provide a clear reason for refusing the development proposed or

any adverse impacts would significantly and demonstrably outweigh the

benefits.

9.10 Therefore, there is no objection in principle to residential development

providing there are no significant and demonstrable adverse effects from the

development proposed.

9.11 By providing much needed affordable housing within Angram and the

Marston Village sub-area, the proposals meet the social sustainability test.

9.12 ENVIRONMENTAL SUSTAINABILITY

9.13 Green Belt

9.14 The site is within the Green Belt. Saved Policy GB1 of the Harrogate District

Local Plan sets out the Green Belt boundaries. Core Strategy Policy EQ2

states that the District’s exceptionally high quality natural and built

environment will be given a level of protection appropriate to its international,

national and local importance.

9.15 Chapter 13 of the NPPF Paragraph 133 states “The Government attaches

great importance to Green Belts. The fundamental aim of Green Belt policy

is to prevent urban sprawl by keeping land permanently open; the essential

characteristics of Green Belts are their openness and their permanence.”

9.16 Paragraph 143 states “Inappropriate development is, by definition, harmful to

the Green Belt and should not be approved except in very special

circumstances.”

9.17 Paragraph 144 states “When considering any planning application, local

planning authorities should ensure that substantial weight is given to any

harm to the Green Belt. ‘Very special circumstances’ will not exist unless the

potential harm to the Green Belt by reason of inappropriateness, and any

other harm resulting from the proposal, is clearly outweighed by other

considerations.”

9.18 Paragraph 145 advises that “A local planning authority should regard the

construction of new buildings as inappropriate in Green Belt”. However,

stated exceptions to this include “limited affordable housing for local

community needs under policies set out in the development plan”.

9.19 This application is for two 2-bed affordable housing dwellings sited within

Angram. Therefore, this proposal is for a limited amount of affordable

housing in Angram and complies with national planning policy relating to

development in the Green Belt.

9.20 In addition, due to its siting, from long distance views across the countryside

the development will be seen against the existing residential properties,

ensuring there is no harm to the openness of the Green Belt.

9.21 Character and Appearance

9.22 The Government attaches great importance to the design of the built

environment. NPPF Paragraph 124 states “Good design is a key aspect of

sustainable development, creates better places in which to live and work and

helps make development acceptable to communities.”

9.23 Paragraph 127 c) clarifies that planning policies and decisions should ensure

that developments “are sympathetic to local character and history, including

the surrounding built environment and landscape setting, while not

preventing or discouraging appropriate innovation or change (such as

increased densities)”.

9.24 Core Strategy Policy SG4 states all development should comply with the

following criteria:-

1. The scale, density, layout and design should make the most efficient use

of land,

- be well integrated with, and complementary to, neighbouring buildings and

the spatial qualities of the local area,

- be appropriate to the form and character of the settlement,

2. Visual, residential and general amenity should be protected and where

possible enhanced.

9.25 Core Strategy Policy EQ2 seeks to protect the District’s exceptional high

quality natural and built environment.

9.26 Saved Policy HD20 gives design advice and states new buildings should

make a positive contribution to the spatial quality of the area and their siting

and density should respect the areas character and layout. New buildings

should respect the scale, proportions and height of neighbouring properties.

New development should respect the privacy and amenity of nearby

residents and occupiers of adjacent buildings.

9.27 The area is characterised by two storey dwellings, with a row of three pairs

of semi’s, known as Spence Croft, to the north of the site facing onto Dam

Hill Lane and larger detached dwellings opposite.

9.28 The proposed semi’s have been designed to complement the existing semi’s

when viewed from the main road, but in order to meet modern internal space

standards are deeper than the neighbouring Spence Croft semi’s.

9.29 Concern was previously expressed over the depth of the dwellings,

especially when viewed from the approach into the village from the south.

Revised plans received 12 September show a gable reduced to 6.2m but

with a set back and two storey extension with rear gable extending 2.6m.

The set back is marginally 0.1m but provides some visual relief and ensures

the dwellings meet the exacting space standards required by the Housing

Department.

9.30 As such, the dwellings have been designed not only to meet local need but

also to provide good quality accommodation that exceeds the requirements

of the Nationally Described Space Standard (NDSS). This standard is

proposed to be a requirement of Policy HS5 of the emerging Harrogate Local

Plan, requiring all new market and affordable homes meet, as a minimum,

the relevant NDSS.

9.31 The building is proposed to be constructed of brick and pantiles to

complement the surrounding properties. The design and materials are

acceptable and will complement the other properties within the village.

9.32 Amenity - impact on existing and proposed residents

9.33 Core Strategy Policy SG4 states that visual, residential and general amenity

should be protected and where possible enhanced.

9.34 Saved Policy HD20 gives design advice and states new buildings should

respect the privacy and amenity of nearby residents and occupiers of

adjacent buildings.

9.35 The new dwellings have been designed with the principle windows to the

front and rear, overlooking their front gardens and the road to the front, and

their back gardens and fields beyond to the rear. The Council’s House

Extensions and Garages Design Guide sets recommended privacy

distances.

9.36 Concern had been expressed by a neighbour with regard to overlooking into

private gardens. At first floor a landing window and bathroom window are

proposed to the gable, therefore to prevent overlooking or perceived

overlooking a condition is recommended to ensure these windows are

obscure glazed. The siting of the proposed dwellings and the distances

ensure the development complies with guidance set out in the Design Guide

ensuring no detrimental harm to neighbouring residential amenity.

9.37 Highways

9.38 Concerns have been raised over the speed of traffic using the existing road.

The proposals seek to demolish the existing six garages and erect a pair of

semi-detached dwellings with off-street parking. NYCC Highways have

assessed the proposals and raise no objections. A condition is

recommended requiring the access and parking is retained for its intended

purpose.

9.39 The development provides satisfactory parking and would not adversely

affect highway safety.

9.40 Trees

9.41 There are three existing trees on site, one of which is proposed to be

removed to facilitate the development; the two trees to the front of the site

are to be retained. A condition requiring root protection during construction

of the dwellings is recommended.

9.42 Ecology

9.43 A biodiversity checklist was submitted in support of the application. Concern

has been raised over the presence of Great Crested Newts in the locality;

the Council’s Ecologist comments; “The application site lies within 500m of a

number of ponds. Ponds are identifiable on OS Mastermap approximately

250m north and 300m and 450m NW of the site and a local resident

identifies a small pond within 209m, which the representation states supports

Great Crested Newts. Great Crested Newts are also stated to occur around

the adjacent houses and gardens. Natural England Standing Advice is that

an assessment should be undertaken if there are ponds within 500 meters of

a development, even where only potential terrestrial habitat may be

impacted by the development, so that if required, appropriate mitigation

measures can be secured.”

9.44 A condition is recommended requiring an assessment of the site and its

surroundings with regard to Great Crested Newts, incorporating any

appropriate mitigation measures that may consequently be required to avoid

harm to great crested newts during the course of works.

9.45 Land Contamination

9.46 The Council’s Environmental Health Officer has advised that the Phase 1

Contaminated Land Report is satisfactory and that contaminated land

conditions are not required.

9.47 Foul and surface water drainage

9.48 Concern has been raised locally with regard to both foul and surface water

drainage citing existing problems with current systems.

9.49 Foul drainage is proposed to the main sewer. Yorkshire Water have raised

no objections.

9.50 Surface water drainage was originally identified as going to a soakaway,

concerns have been raised, and therefore a condition is recommended

requiring prior approval of the scheme for the disposal of surface water

drainage.

9.51 Other Issues - Internet, telephone, mobile phone reception, electricity

supply

9.52 Concern has been raised locally of the existing poor services to the village

and the impact the development would have on these existing services.

Northern Powergrid, Northern Utility Services Ltd and BT were consulted; no

response has been received from the electricity companies, however, BT

responded and advised that the development should not cause interference

to BT’s current and presently planned radio network.

9.53 For the reasons set out above the development therefore meets the

environmental sustainability tests.

9.54 ECONOMIC SUSTAINABILITY

9.55 The site is within Angram, which forms part of the parish of Long Marston.

Long Marston has good access to bus links, jobs, shops and services,

including a primary school. Development in Angram will help to support

Long Marston. In addition, the development of the site would create

employment during the construction phase.

9.56 The development therefore contributes towards the economic sustainability

tests.

10.0 PLANNING BALANCE & CONCLUSION

10.1 The site is within Angram, which is within the Green Belt. While NPPF

Paragraph 145 of the NPPF advises that a local planning authority should

regard the construction of new buildings as inappropriate in the Green Belt,

exceptions to this include limited affordable housing for local community

needs under policies set out in the development plan.

10.2 This application for the erection of two 2-bed affordable housing units would

provide much needed accommodation for the Marston Village sub-area,

which includes the village of Angram.

10.3 The siting and design of the development is acceptable and will complement

other properties in the immediate vicinity. From long distance views the

development will be seen against the existing properties on Spence Croft

and the wider village, ensuring there is no harm to the openness of the

Green Belt.

10.4 The siting ensures there is no harm to neighbouring residential amenity and

provides acceptable amenity for future occupiers. The scheme provides off-

street parking for the proposed dwellings and retains the existing trees to the

front of the site.

10.5 The proposals comply with the guidance set out in the National Planning

Policy Framework and Planning Practice Guidance, the Core Strategy

policies in the Harrogate District Local Development Framework (adopted

2009) and the saved policies in the Harrogate District Local Plan (2001, as

altered 2009) and there are no material considerations in this instance that

warrant setting aside local planning policies.

11.0 RECOMMENDATION

11.1 That the application be APPROVED subject to conditions

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

2 The development hereby permitted shall be carried out in accordance

with the following approved details, plans and drawings:

Proposed site plan Dwg No: NB09-04 Rev A

Proposed floor plans Dwg No: NB09-06 Rev A

Proposed elevations Dwg No: NB09-07 Rev A

3 A great crested newt assessment of the site and its surroundings must

be undertaken, incorporating any appropriate mitigation measures that

may consequently be required to avoid harm to great crested newts

during the course of works. The assessment and mitigation measures

must be agreed with the local planning authority prior to the

commencement of works on site.

4 (a) No operations shall commence on site or any development be

commenced before the developer has submitted for approval detail

including root protection area (RPA) fencing in line with the

requirements of British Standard BS 5837: 2012 (section 6.2.2 figure 2)

Trees in Relation to Construction - Recommendations, or any

subsequent amendments to that document, around the trees or shrubs

or planting to be retained, as indicated on the approved plan and for

the entire area as specified in accordance with BS 5837:2012. The

developer shall maintain such fences until all development the subject

of this permission is completed.

(b) No operations shall commence on site in connection with the

development hereby approved (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 the root protection area (RPA) works required by the

approved tree protection scheme and ground protection detail (no dig)

are in place. The level of the land within the fenced areas shall not be

altered without the prior written consent of the Local Planning Authority.

5 Prior to the construction of the foundations of the dwellings hereby

approved, details of the proposed scheme for surface water drainage

shall be submitted and approved by the Local Planning Authority;

thereafter development shall be carried out in accordance with the

approved scheme.

6 Prior to the construction of the foundations of the dwellings hereby

approved samples of the materials to be used to the walls and roof of

the development shall be submitted for the prior approval of the Local

Planning Authority; thereafter development shall be carried out in

accordance with such an approval.

7 The bathroom and landing windows in the north gable 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.

8 Prior to the occupation of the dwellings hereby approved, the

infrastructure for electric vehicle charging points shall be installed, and

thereafter maintained and retained as such.

9 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 The Proposed Site Plan NB09-04 Rev A for

parking spaces, turning areas and access shall be kept available for

their intended purposes at all times.

10 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 north elevations of the dwellings hereby approved,

without the prior written approval of the Local Planning Authority.

Reasons for Conditions:-

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

Planning Act 1990.

2 For the avoidance of doubt and to safeguard the control of the Local

Planning Authority, in accordance with Core Strategy Policy SG4 of the

Harrogate District Local Development Framework.

3 Prevention of harm to great crested newts which have been reported in

the close vicinity; there are ponds within 500m of the development site

which are potential breeding ponds. A pre-commencement condition is

required because newts may use the site as terrestrial habitat and

could be harmed or disturbed by site preparation and clearance works,

in the absence of suitable mitigation measures; in accordance with

Core Strategy Policy EQ2 of the Harrogate District Local Development

Framework.

4 In the interests of the health and safety of the trees; in accordance with

Core Strategy Policy EQ2 of the Harrogate District Local Development

Framework.

5 To ensure that the development can be properly drained without harm

to the local environment; in accordance with Core Strategy Policies

SG4 and EQ1 of the Harrogate District Local Development Framework.

6 In the interests of visual amenity to ensure the development sits well

within the streetscene; in accordance with Core Strategy Policy SG4 of

the Harrogate District Local Development Framework.

7 In the interest of residential amenity to prevent overlooking or

perceived overlooking; in accordance with Core Strategy Policy SG4 of

the Harrogate District Local Development Framework.

8 In the interests of air quality; in accordance with the guidance set out in

the NPPF Paragraph 110 e) and Core Strategy Policy EQ1 of the

Harrogate District Local Development Framework.

9 To ensure appropriate on-site facilities are maintained in the interests

of highway safety and the general amenity of the development; in

accordance with Core Strategy Policy SG4 of the Harrogate District

Local Development Framework.

10 To prevent overlooking into neighbouring gardens; in accordance with

Core Strategy Policy SG4 of the Harrogate District Local Development

Framework.

INFORMATIVES

1 NYCC Highways Informative

Fences and hedges must be kept to the rear of the visibility splay area

and must not obstruct the sight lines.

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: Jane Lurcuck Expiry Date: 17 October 2018