20/02004/FUL 2 - Harrogate · 2020. 12. 23. · HEDNA, however, the HEDNA is not intended to be...
Transcript of 20/02004/FUL 2 - Harrogate · 2020. 12. 23. · HEDNA, however, the HEDNA is not intended to be...
20/02004/FUL 1
Case No. 20/02004/FUL Item No.02
Location: Greenacres, Sharow Lane, Sharow, HG4 5BN.
Proposal: Demolition of existing bungalow, garage and outbuildings and the
erection of four dwellings
Applicant: Mr J Kitching
SUMMARY
The application site is situated within the defined development limits of Sharow and
is considered to represent infill development and thus is acceptable in principle in
line with Policy GS3 of the Local Plan.
The proposed design, scale and layout of the proposed dwellings is considered to be
locally distinctive in line with Policy HP3 and would be in keeping with the local area.
The development proposed would not have an adverse impact on the amenity of the
neighbouring residents, subject to conditions, and a suitable level of amenity can be
provided for the residents of the proposed residential units, and thus the proposal
complies with Policy HP4 of the Local Plan.
The proposal is not considered to create harm in relation to the protected trees
outside the site, land stability, highway safety or drainage, and thereby complies with
Policies NE7, NE9, and TI3 of the Local Plan and the NPPF.
RECOMMENDATION: Approve subject to conditions
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1.0 PRELIMINARY MATTERS
1.1 Access to the case file on Public Access can be found here:- view file
1.2 This application is to be presented to the Planning Committee because it is a
controversial application in the local area.
2.0 MAIN ISSUES
2.1 The main issues are:
Suitability of location for housing
Design and Visual Appearance
Residential Amenity
Trees
Highway Safety
Land Stability
Drainage
Other Matters
3.0 ASSESSMENT
3.1 Suitability of location for housing
3.2 The application site comprises of the site of an existing bungalow
'Greenacres', garage, outbuildings and garden accessed from Sharow Lane,
and an area of garden adjacent to the boundary of 'Greenacres' which
presently serves the property 'High Sharow', which is accessed from
Dishforth Lane.
3.3 The site is within the defined development limits of Sharow and is in an area
of known Gypsum deposits. Land levels rise along Sharow Lane from the
west to the east following the local topography.
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3.4 The site is surrounded by residential properties. To the north of the site lies a
cul de sac of predominately two storey detached properties on Orchard
Close. The land levels on Orchard Close are lower than those within the
application site. To the east is a line of protected trees situated outside the
site boundary, beyond which are the bungalows on Glebe Meadow.
Immediately to the west and east of the site frontage are detached two
storey residential properties. A two storey residential property is located
opposite the site across Sharow Lane.
3.5 This application seeks permission to replace the existing bungalow and
outbuildings with 4 no. detached dwellings and garages. The site is within
the defined development limits of Sharow and would represent infill of an
existing site, being surrounded by existing residential properties.
3.6 The site is therefore considered to be located in a sustainable location with
access to facilities and services and thus in accordance with Policies GS2
and GS3 is acceptable in principle subject to no other material planning
considerations outweighing the benefits of the provision of housing.
3.7 Design and Visual Appearance
3.8 Sharow is an area with a mixture of housing types and styles. The design of
some of the properties proposed has been amended during the application
process to remove elements that were not considered to be in keeping with
the local area.
3.9 The properties to the frontage are of a similar scale to surrounding properties
and of a design which is considered to be in keeping with the local
vernacular.
3.10 The plots to the rear of the site are of a more modern architectural style but
are not considered to be inappropriate to the area.
3.11 Materials proposed are brickwork with either pantile or slate roofs. The
materials are considered to be appropriate in principle, however, to ensure
that the actual materials to be used are in keeping with the local area,
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samples of all materials will be required prior to construction for further
approval.
3.12 The site falls within the ‘World Heritage Site Buffer Zone’. In this area Policy
HP2 of the Local Plan seeks to protect key views and vistas, with a strong
presumption against tall or very large buildings within the world heritage site
or it setting. In this case, the domestic scale buildings proposed would not
have an adverse impact upon the key views and vistas identified in the
World Heritage Site Buffer Zone. Similarly, the proposal would not adversely
affect the setting of the nearest listed buildings, The Manor House and
Sharow Grange, which are located beyond the nearest properties to the
south east of the site, according with Policy HP2 and national policy in the
NPPF on designated heritage assets and their settings.
3.13 The proposed dwellings meet the required space standards set out in Policy
HS5 and provide a suitable level of outdoor amenity space to meet the
requirements of the NPPF.
3.14 Policy HS1 sets out the Council’s approach to Housing Mix. Housing
developments should seek to deliver a range of house types and sizes that
reflect and respond to the identified housing needs and demands of the
district's households. The mix proposed should have reference to the latest
HEDNA, however, the HEDNA is not intended to be prescriptive and
variances are expected across development sites due to site circumstances.
This is an area of Sharow that is characterised by detached properties and
thus the proposed dwellings would be in keeping with the surrounding area.
3.15 The layout of the properties has also been amended during the application
process, in relation to the two plots to the rear of the site. It is considered
that the proposed layout is similar to surrounding groups of properties, which
are constructed in a number of cul-de-sac arrangements.
3.16 Residential Amenity
3.17 A number of concerns have been expressed with regards to residential
amenity. Plots 1 and 2 are situated along the frontage of the site. These
properties are set back from the highway by a minimum of 6.5m and are
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offset against the properties across the highway. The nearest property is
19.5m away from the frontage and whilst separation distances of 21m are
normally required where windows are directly facing, the properties have no
direct line of sight and thus a reduced level of separation is considered to be
acceptable.
3.18 The properties are two storeys with rooms in the roof but as shown on the site
elevations/streetscene information these properties are of similar height to
existing properties.
3.19 The garages and parking areas for these properties and the parking and
turning area for Plots 3 and 4 are located in close proximity to the boundary
with 23 Orchard Close, which is at a lower land level. That property is more
than 15m from the boundary and the position of the garages are unlikely to
create a high level of overshadowing. There is, however, the potential for
noise from the movement of vehicles and it is therefore recommended that
acoustic fencing is installed along this boundary, to ensure that the noise is
kept within the site. It is therefore recommended that this is required as a
condition of any approval on the site.
3.20 Plots 3 and 4 have been moved further away from the boundary with the
properties on Glebe Meadow and re-orientated so that the gable end of the
properties sit nearest to the boundary along with the lower level garage
element of the proposed properties. This sits the properties outside the root
protection area of the trees and provides a separation distance in excess of
25m between the properties, which is substantially more than required under
the Council’s House Extensions and Garages Design Guide, even when
taking the changes in land levels into account. The only loss of light into
these gardens would occur into the evenings and would be restricted to the
very end of the gardens, which are already affected by the existing mature
trees. There would be no issues of overshadowing, overbearing or loss of
privacy to these properties, as there are no main windows in the proposed
elevations, and it is recommended that a condition is attached ensuring no
windows are added at a later date.
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3.21 The main windows to Plots 3 and 4 are in the northern and southern
elevations. Plot 3 is situated in excess of 20m from the gable end of the
existing residential property to the south and provides a distance of 7.5m to
the boundary with this property. This complies with the required separation
distances.
3.22 Plots 3 and 4 are also sufficiently distanced from each to meet the required
guidelines and similar Plot 4 is sufficiently distances from High Sharow to the
north.
3.23 Plot 4 has a first floor bathroom window and a small secondary window to the
ground floor office in the gable end of the property. These windows are over
13m from the properties on Orchard Close, which meets the required
separation distances, and further screening can be provided to the ground
floor with the submission of a suitable landscaping scheme and the acoustic
fencing. It is considered expedient that the first floor window be conditioned
to remain obscure glazed due to the change in land levels.
3.24 Due to the constrains of the site it is considered appropriate that any approval
should remove the permitted development rights for further extensions,
outbuildings, garages, additional openings including dormers and rooflights,
and that the garages should not be converted to habitable accommodation.
3.25 The proposed access uses the existing access arrangement to the existing
property which is located in close proximity to the neighbouring property to
the east. A suitable landscaping scheme should be agreed which provides
some protection from additional noise from the increased level of vehicle
movements in and out of the site.
3.26 On the basis of the above it is not considered that the proposed dwellings
would have an unacceptable impact on the residential amenity of the
neighbouring properties, subject to conditions, and the proposal complies
with Policy HP4.
3.27 Trees
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3.28 The trees which bound the site are covered by a Tree Preservation Order.
These are mature trees with a high amenity value. The scheme has been
amended to remove the built form of the development outside the root
protection areas associated with the trees and the Council’s Arboricultural
Officer has confirmed that this is acceptable, subject to conditions.
3.29 Highway Safety
3.30 Concerns have been raised by local residents with regards to the level of
vehicle movements and parking associated with the amount of development
proposed. The access has been amended in line with the comments of the
Highway Authority, who have raised no further highway concerns subject to
conditions.
3.31 The proposal includes a sufficient level of parking within the site.
3.32 Land Stability
3.33 The application site is within Gypsum Area C, the area which carries the
highest risk in association to land instability. A gypsum survey has been
undertaken in accordance with Policy NE9 of the Local Plan by a ‘competent
person’.
3.34 The submitted survey and declaration form confirms that the land can be
developed without undermining the land stability of the area.
3.35 It is considered that any approval should include a condition requiring the
development to be undertaken in accordance with the details within this
report.
3.36 Drainage
3.37 The application includes drainage details which have been assessed by the
Council’s Drainage Officer. The details provided are not considered to be
sufficiently technically detailed however no objections are raised, subject to
further drainage conditions.
3.38 Comments are still awaited from Yorkshire Water.
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3.39 Other Issues
3.40 The application is for the redevelopment of the site to provide 4 no. dwellings
and thus it would be considered expedient to add a condition to any approval
requiring a scheme for electric vehicle charging, in line with Policy CC2 of
the Local Plan and the NPPF.
3.41 Conditions are recommended in relation to Contaminated Land as set out by
the Environmental Protection Officer.
3.42 Due to the fact that the application was submitted prior to the introduction of
the Community Infrastructure Levy Scheme, no liability is considered to be
required in relation to this application.
4.0 PLANNING BALANCE AND CONCLUSION
4.1 The application site is sustainably located within the defined development
limits of Sharow and is considered to represent infilling in line with Policies
GS2 and GS3 of the Local Plan and thus is acceptable in principle.
4.2 The design, scale and layout of the properties are considered to be in keeping
with the local area and provide the required separation distances between
properties as set out in the Council’s House Extensions and Garages Design
Guide and thereby comply with Policies HP3 and HP4 of the Local Plan.
4.3 There will be an increase in vehicle movements in and out of the site,
however, the access and layout proposed is considered not to create any
issues with highway safety.
4.4 A suitable landscaping scheme will also ensure that the residential amenity of
the neighbouring properties is not compromised.
4.5 The proposal is not considered to create harm in relation to the protected
trees outside the site, land stability or drainage, subject to conditions.
4.6 The proposed development is therefore considered to comply with the NPPF
and the policies within the Council’s Local Plan.
5.0 RECOMMENDATION
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5.1 That the application be APPROVED subject to conditions
6.0 PLANNING CONDITIONS
• Time Condition – 5 Years
• Approved Plans List
• Samples of Materials
• Landscaping Scheme including Acoustic Fencing
• Removal of permitted development rights for extensions, outbuildings,
garages, additional openings including dormers and rooflights.
• Garages not to be converted to habitable space
• Plot 4 first floor window to western elevation to remain obscure glazed
• No development until details of Root Protection fencing agreed
• No operations until root protection scheme in place
• Condition relating to highway specification of access
• Condition relating to provision of visibility splays
• Condition relating to the provision of Approved Access, Turning and
Parking Areas
• Development in accordance with Gypsum Survey Report
• Reporting of Unexpected Land Contamination Condition
• Electric Vehicle Charging Scheme
• Drainage conditions
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.
APPENDICES
7.0 Consultations
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7.1 Historic England - no comments
7.2 Environmental Protection - recommend contaminated land conditions
7.3 NYCC Highway Authority - recommend conditions
7.4 Arboricultural Officer - raises no objections to amended scheme and
recommends conditions
7.5 Drainage Officer - neither object to, nor supports the development but wishes
to make comments and safeguards. As the proposed strategy is limited and
offers no technical detail, a condition is recommended requiring further
details.
8.0 Representations
8.1 10 letters of representation have been received, which object to the proposed
development on the following grounds:
• Loss of privacy
• Vehicle pollution and vehicle noise
• Security issues
• Ground level issues
• Impact on Trees subject to Tree Preservation Order
• Loss of Light
• Overbearing
• Drainage
• Not affordable
• Scale
• Out of character
• Not sustainable development
• Traffic and parking - highway safety
8.2 A further letter was received during the Gypsum survey raising concern over
orange slurry from the site entering into a neighbouring garden. (The agent
confirmed that this was mud from under the slabs on the site and action was
taken to clean up the mud).
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9.0 Views of Parish Council
9.1 Sharow Parish Council considered the matter and resolved to oppose the
application on the following planning grounds:
• Layout and density: This is our main objection. The Parish Council
feels that four units is probably twice the number which can
comfortably be accommodated within the footprint of the land. By
squeezing four large houses in, the plans leave little space for
gardens and little space between the houses and their neighbours,
particularly the existing properties to the rear (north). Neighbours in
Orchard Close and Glebe Meadows will have their houses and
gardens overlooked in a most unsatisfactory and intrusive way. The
driveway to the rear houses comes very close to the old stone wall
between this property and 21-23 Orchard Close, and at around one
metre higher; it is easy to see how this will impinge on neighbouring
properties, and how easily the wall could be damaged by construction
or subsequent parking. Finally, all four units are large and "executive"
in nature, and Sharow already has quite sufficient of this style of
house.
• Noise and disturbance from use: Following on from the above, the
Parish Council regards unacceptable noise and disturbance to the
property's northern neighbours, from vehicles and people, to be an
inevitable consequence of the proposed development, noting again
that the ground level at the north end of the development is notably
higher than the adjacent gardens, even before any construction.
• Design / visual appearance: The two proposed three-storey units on
Sharow Lane would be overwhelming to this historic thoroughfare,
and out of character with the rest of Sharow Lane's houses.
• Highways / parking: With the houses proposed, it is not unreasonable
to expect at least eight cars to be kept on site. The entrance from
Greenacres to Sharow Lane does not have good visibility splays for
turning out, and the Parish Council considers that this will add
significantly to the risk of an already busy and tricky road.
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• Local Plan: Although this is not a large enough development to have
been considered during the development of the Harrogate Local Plan,
the Parish Council considers that replacing a bungalow with four
substantial properties constitutes another significant development for
a small parish, one which is unnecessary, especially considering
permission has been granted for 60 new units just around the corner
at New Road.
Case
Officer:
Emma Howson Expiry Date: 8 January 2021