Council Committee Information Pages

HARROGATE BOROUGH COUNCIL
PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS.
DATE: 13 December 2005
PLAN: 09
CASE NUMBER:
GRID REF: EAST
05/05059/OUT
437035 NORTH
460822
APPLICATION NO. 6.85.11.I.OUT
DATE MADE VALID: 20.10.2005
TARGET DATE:
15.12.2005
WARD:
Claro
VIEW PLANS AT: http://tinyurl.com/96dh8
APPLICANT:
Mr And Mrs S Webster
AGENT:
Malcolm Tempest Ltd
PROPOSAL:
Outline Application to replace car showroom with the erection of 7
dwellings to include 3 units for affordable housing, with access to be
considered (site area 0.14ha).
LOCATION:
Hexagon Motors Ltd Boroughbridge Road Ferrensby Knaresborough
North Yorkshire HG5 0PZ
REPORT
SITE AND PROPOSAL
The application site is located at the northern extremity of the village of Ferrensby
and is presently occupied by the Hexagon car showroom complex. Apart from the
showroom building itself, the site is hard surfaced and is used for the display and
sale of motor vehicles. The site is bound by residential development to both the
south and east, with open countryside to the north.
The site measures approx 0.14 hectares in area and is set at two distinct levels. The
western portion of the site is at road level with a steep drop to the east so that the
rear portion of the site is at a considerably lower level.
A high mature conifer screen is located to the rear, screening the site from the
adjacent bungalow. The gable elevation of the showroom building abuts the site the
south.
The applicant seeks outline planning consent for the erection of 7 dwellings (to
include 3 units of affordable housing) with all matters other than siting and access
reserved for subsequent approval. The submitted plans indicate a terrace of three
affordable units and two pairs of semi detached units arranged around an internal
square courtyard.
Vehicular access is to be taken via anew access located towards the south western
corner of the plot.
Following the initial submission of the scheme the applicant now wishes siting to be
also reserved for subsequent approval.
MAIN ISSUES
1. Land Use
2. Highway Safety
3. Visual Impact
4. Drainage
RELEVANT SITE HISTORY
6.85.11.OA - Demolition of outbuildings and erection of workshops, offices and
cleaning bays PERMIT 29.06.1977
6.85.11.A.PA - Extending property to form new parts department, office, reception
and car parking space for five cars below PERMIT 01.06.1977
6.85.11.C.PA - Extending parts department PERMIT 20.08.1990
Since 1990 there have been several applications for the display of signs at the
premises.
CONSULTATIONS/NOTIFICATIONS
Parish Council
Ferrensby
Housing Department
The provision of 3 affordable units is acceptable. Ideally 3 x two bedroom units
should be provided.
The Needs Survey update 2003 identifies a need for 30 affordable homes in the
Arkendale sub-area of the district in the period 2003 -2008. Since publication of the
Needs Survey , planning permission has been granted for two affordable units.
NYCC Highway Authority
Recommends refusal on the grounds of substandard visibility and inadequate access
width to cater for the traffic likely to be generated.
H.B.C Land Drainage
Drainage details will be required prior to the commencement of the development
Police Architectural Liaison Officer
No comments received
Claro Internal Drainage Board
Outside the Drainage District but is low lying.
Environmental Health
As there is risk of ground contamination conditions are recommended to deal with
contamination and remediation works
APPLICATION PUBLICITY
SITE NOTICE EXPIRY:
PRESS NOTICE EXPIRY:
25.11.2005
25.11.2005
REPRESENTATIONS
FERRENSBY PARISH MEETING - have no objection to the scheme.
OTHER REPRESENTATIONS
No other representations received
VOLUNTARY NEIGHBOUR NOTIFICATION
2 properties notified
RELEVANT PLANNING POLICY
PPS1
Planning Policy Statement 1: Delivering Sustainable Communities
PPG3 Planning Policy Guidance 3: Housing
PPS7
Planning Policy Statement 7: Sustainable Development in Rural Areas
PPG13 Planning Policy Guidance 13: Transport
PPG17 Planning Policy Guidance 17: Planning for open space, sport and
recreation
SPH1
North Yorkshire County Structure Plan Policy H1
SPH4
North Yorkshire County Structure Plan Policy H4
LPH01 Harrogate District Local Plan (2001, as altered 2004) Policy H1: The
Housing Requirement
LPHX
Harrogate District Local Plan (2001, as altered 2004) Policy HX: Managed
Housing Site Release
LPH05 Harrogate District Local Plan (2001, as altered 2004) Policy H5: Affordable
Housing
LPH06 Harrogate District Local Plan (2001, as altered 2004) Policy H6: Housing
developments in the main settlements and villages
LPH13 Harrogate District Local Plan (2001, as altered 2004) Policy H13: Housing
Density, Layout and Design
LPH17 Harrogate District Local Plan (2001, as altered 2004) Policy H17: Housing
Type
LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20: Design
of New Development and Redevelopment
LPA01 Harrogate District Local Plan (2001, as altered 2004) Policy A1: Impact on
the Environment and Amenity
LPR04
LPA08
Harrogate District Local Plan (2001, as altered 2004) Policy R4: Open
Space Requirements for New Residential Development
Harrogate District Local Plan (2001, as altered 2004) Policy A8:
Contaminated Land
ASSESSMENT OF MAIN ISSUES
1. LAND USE - Ferrensby is identified by Harrogate District Local Plan (HDLP)Policy
H6 as a smaller Category 'B' settlement. Policy H6 identifies that in Ferrensby new
residential development will only be permitted within the existing built up confines
and where it would constitute small scale rounding off or infilling.
The location of the garage is considered to lie within the existing built up confines of
the settlement. Residential development is located to both the southern and eastern
site boundaries. The northern boundary of the site together with domestic curtilages
of the dwellings situated to the rear provide a clear boundary between the village and
the countryside located beyond.
The position of the site at the edge of the village ensures that any development of
the site would fail to meet the normally accepted definition of infill (i.e the filling of a
small gap in an otherwise built up frontage) and likewise the definition of rounding off
- surrounded on three side by substantial built development. The site is however
small (0.14 hectares) and as identified above, the northern boundary of the site
together with the dwellings to the rear form a clear and defensible line to the edge of
the village. It is your officers opinion that in this instance the site can be considered
in the context of rounding off the village.
The site represents a previously developed site for the purposes of HDLP Policy HX
and provides for three affordable units in compliance with HDLP Policy H5.
Although the scheme is submitted in outline form, it is considered that the provision
of the affordable units would help provide a mix of house type as required by Policy
H17.
The density of the development is high at 50 dwellings per hectare. To ensure the
efficient use of land HDLP Policy H13 seeks to achieve a density of not less than 30
dwellings per hectare in all locations and between 30 and 50 dwellings per hectare in
urban locations. The scheme is at the upper end of an urban layout, but this need
not result in justification to refuse the scheme. Details of density are dependant on
house size and layout. Although submitted as an outline application the applicants
initially sought consent for siting (although subsequently withdrawn). A layout has
been submitted with a supporting illustrative sketch scheme. Whilst the sketch
carries no weight , it does indicate how a scheme of rural appearance can be
accommodated on the plot. The layout would not be out of character with the grain of
the village.
The development will result in the loss of an existing garage premises. The site is
however used solely for showroom and display purposes and as such cannot be
considered as an employment generating site protected by HDLP Policy E2. The
former workshop building having been used for the display of vehicles for many
years. The applicant has confirmed that they have never had a workshop at the site
with all mechanical and paintwork carried out by Intune of Camwal Road Starbeck
for 12 to 15 years. In addition it is further stated , that the applicants have tried to
market the premises for 15 months. A supporting letter from a commercial firm of
property consultants have confirmed the view that there is little interest for this type
of small garage premises given its peripheral rural location.
2. HIGHWAY SAFETY - The scheme as originally submitted proposed an access to
the south western corner of the plot. This is considered the most logical location as it
is the furthest point away from a bend in the road to the north of the site (the existing
access is to the north of the site).
The highway authority have been consulted and object to the development on the
basis of lack of visibility in a northerly direction and that the access road is not laid
out to an acceptable standard to cater for the traffic generated by the proposed
development.
The visibility available is 2.4 metres x 52 metres as opposed to the required visibility
of 2 x 90 metres. The highway authority state that the speed of vehicles could be
reduced if a vehicle activated 30 miles per hour sign were to be erected. Such
provision would then enable the sight line requirement to be reduced. The highway
authority suggest that if the applicants were to provide such sign the objection could
be overcome.
The access road as submitted does not satisfy the highway authorities requirements
as it is not capable of being laid out to the minimum standards such that once
constructed it can be adopted as a highway maintainable at the public expense.
The applicants have been informed of the above and have subsequently deleted
siting from the scheme and would be willing to provide the necessary sign.
3. VISUAL IMPACT - The site is considered to lie within the built up confines of the
settlement. Although an indicative sketch scheme has been submitted indicating how
the site could be developed, details of design and external appearance can be
reserved for subsequent approval.
The loss of the two storey gable elevation on the southern boundary of the site will
be beneficial to the residential amenity of the occupiers of properties situated on
Willow Garth.
4. DRAINAGE - The site is low lying and the HBC Land Drainage engineer
comments that there have been regular complaints of waterlogged gardens or
flooding in the vicinity, due to ground conditions, unconsented culverting, poor
maintenance and a general lack of gradient on the watercourses. It is stated that the
disposal of surface water will be as existing. The drainage engineer comments that
the drainage of the existing site is unsatisfactory and recommends that a condition is
imposed to require details for surface water discharge to be approved prior to the
commencement of the development.
CONCLUSION - The broad land use principle of residential development is
considered acceptable. The objections raised by the highway authority have been
overcome by the applicant, by the deletion of siting from the scheme and agreement
in respect of the provision of a road sign. The access point is however considered to
be in the most logical position on the site i.e nearest the village and furthest from the
bend. Regard has to be taken regarding the traffic generation of the existing site (car
showroom) and location of the existing access point (closer to the bend in the road).
The new access point would in the opinion of your officer represent an improvement
in highway safety terms subject to meeting the concerns of the highway authority.
Given the former use of the site as a showroom and prior to that as a garage, the
Chief Environmental Health Officer recommends the imposition of a condition to deal
with possible contamination of the site.
The applicant, whilst now seeking siting to be considered as a reserved matter, has
demonstrated that 7 units can be accommodated on the plot. The design and
external appearance of the dwellings can be reserved for subsequent approval.
In the absence of any material considerations to set aside the provisions of the
development plan, approval of the scheme is recommended.
CASE OFFICER:
Mr A Hough
RECOMMENDATION
That the application be APPROVED subject to the following conditions:-
1
2
3
4
5
6
CA063 DATES FOR SUBMISSION OF RM _ COMMENCEMNT
CA01 OUTLINE
CB11 SEPARATE SYSTEM FOUL AND SURFACE WATER
CB13 S W DRAINAGE WORKS TO BE APPROVED
The development hereby permitted shall not begin until a scheme has been
submitted and approved in writing by the local planning authority for the
provision of off-site public open space in accordance with Local Plan Policy R4.
The provision for off-site public open space shall be provided in accordance
with the approved scheme.
The development hereby permitted shall not be begin until a scheme for the
provision of affordable housing as part of the development has been submitted
to and approved in writing by the local planning authority. The affordable
housing shall be provided in accordance with the approved scheme. The
scheme shall include:
* the timing of the construction of the affordable housing;
* the arrangements to ensure that such provision is affordable for both initial
and subsequent occupiers of the affordable housing; and
* the occupancy criteria to be used for determining the identity of prospective
and successive occupiers of the affordable housing, and the means by which
such occupancy shall be enforced.
7
Prior to the commencement of development a Phase I ground contamination
assessment shall be carried out to involve a desk top study of any previous
uses of the site and site walkover. The Phase I survey shall be submitted to
the Local Planning Authority, and only if a previous contaminative use is
identified will a Phase II report be necessary.
A phase II assessment should be undertaken by a suitably qualified
Environmental Consultant (in consultation with the local planning authority)and
will take account of the condition of the land and outline the extent of any
ground contamination on the above named site and on any land adjacent to the
site. The investigation methods including sampling and analytical strategy shall
be in accordance with best practise or current guidance.
Thereafter a remediation scheme shall be agreed with the local planning
authority to leave the site in a condition suitable for its proposed end use.
8
Any remediation work should be undertaken prior to the commencement of the
development and a validation report submitted on completion of the work.
Prior to the commencement of the development hereby approved the developer
shall provide a vehicle activated road sign , the type and siting to be at first
agreed in writing with the local planning authority in conjunction with the
highway authority. Thereafter the approved scheme shall be implemented prior
to the first occupation of the dwellings hereby approved.
Reasons for Conditions:1
2
3
4
5
6
7
8
CA063R TO COMPLY WITH SECTIONS 91 - 94
CA01R SAFEGUARD RIGHTS OF CONTROL
CB11R TO PREVENT POLLUTION OF WATER ENVIRONMNT
CB13R TO PREVENT INCREASED RISK OF FLOODING
CL12R COMPLIANCE WITH R4 - OPEN SPACE POLICY
In order to secure compliance with Local Plan Policy H5 in relation to the
provision of an element of affordable housing.
CQ03R TO PROVIDE A SAFE ENVIRONMENT FOR USERS
In the interests of road safety