19/01243/OUT 1
Case No. 19/01243/OUT Item No. 03
Location: Land At Hazelheads Lane, Knaresborough, North Yorkshire, ,
Proposal: Outline application for residential development for up to 4no. dwellings
with access considered (revised description).
Applicant: Mr P Melling
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 due
to its close proximity to the Bar Lane application for 175 houses, (elsewhere on this
agenda) and impact on adjacent Hay-a-Park SSSI.
SUMMARY
The proposals are contrary to the emerging local plan growth strategy which seeks
to focus growth within the District’s main settlements, with new dwellings to be
provided on allocated sites and within the development limits of settlements, in
accordance with Emerging Local Plan Policies GS1, GS2 and GS3. In addition, due
to the countryside location, access along Bar Lane and close proximity to Hay-a-
Park SSSI the proposals are also contrary to the policies and guidance set out in the
NPPF Para. 175b) and 177 and Emerging Policy NE3, NE4, Core Strategy Policy
EQ2 and Saved Policy C2.
The emerging Local Plan is now at an advanced stage, emerging local plan Policy
GS2: Growth Strategy to 2025 sets out the growth strategy for the District; which this
site is some distance outside of the development limit for Knaresborough and is not
identified as an allocated site. As the Council has a 6.89 years housing land supply,
the application is not now being considered within the context of the presumption in
favour of sustainable development under Para 11 (d) of the NPPF.
The proposal will result in landscape and ecological harm and the weight to be given
to the benefits of housing is reduced. The economic and social benefits of this
proposed development offer no advantage over allocated sites or sites within the
development limits of settlements. The removal of the existing use for storage of
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commercial/civil engineering vehicles and building materials to allow the dwellings to
be developed does not outweigh the harm to the emerging Local Plan Growth
Strategy, or landscape character of the area.
RECOMMENDATION: Refuse
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1.0 SITE DESCRIPTION
1.1 The application site is at the corner of Bar Lane and Hazelheads Lane.
Hazelheads Lane continues along the north boundary running along the
west boundary. To the east is a mature tree belt beyond which is the Hay-a-
Park Site of Special Scientific Interest (SSSI) to the south is Tarran Barn, a
residential property accessed off Hazelheads Lane.
1.2 Access to the site is via Bar Lane which is a long single width road with high
hedges to either side and no formal passing places. Bar Lane also gives
access to a Park Nurseries and Little Pastures Riding School.
2.0 PROPOSAL
2.1 This application seeks outline planning permission for residential
development, following further clarification the application description was
amended to refer to up to 4 no. dwellings with access considered, an
extension of time was agreed to allow for the preparation and submission of
an ecological report with a further extension of time agreed to allow this to be
updated to address the SSSI and access arrangements.
2.2 The application seeks outline consent including access; however no details of
access within the site have been submitted at this time for consideration,
with only access to the site shown within the proposed plans.
3.0 APPLICANT'S SUPPORTING INFORMATION
Planning Statement by Nidd Design dated March 2019
Enviro Solution Phase 1 Environmental Site Assessment Report dated 14
March 2019
Existing and Proposed Site Plan dated March 2019
Bio-diversity checklist
Smeeden Foreman Ecological Appraisal dated May 2019
Smeeden Foreman Ecological Appraisal Rev A dated 22 July 2019
4.0 RELEVANT HISTORY
4.1 15/02091/CLEUD Tarran Barn Cottage, Hazelheads Lane
The evidence supporting the application is sufficiently robust, precise and
unambiguous to justify issuing a certificate for (1) the construction of a
dwelling pursuant to planning permission 97/01795/FUL (2) the storage of
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commercial/civil engineering vehicles and building materials, and (3) for the
area of land outlined in red on the plan attached to be used as garden space
ancillary to Tarran Barn Cottage. Section 191 of the Town and Country
Planning Act 1990 has therefore been fulfilled sufficiently to grant a lawful
certificate for these elements of the works.
Issued 26.05.2017
4.2 02/02851/FUL Erection of 1 no. detached dwelling with detached double
garage and package treatment plant. Refused 27.08.2002
1. The proposal would be an intrusive new development in the countryside
for which there is no special justification and therefore conflicts with Policies
H7 and C15 of the Harrogate District Local Plan which seeks to protect the
countryside from unnecessary development.
2. The proposed housing development is contrary to the Harrogate District
Local Plan Selective Alteration Policy HX to manage housing site release
and minimise the level of over-provision. Sufficient sites have been granted
planning permission to meet the housing requirement set out in Policy H1 of
the North Yorkshire County Structure Plan and Harrogate District Local Plan.
To grant planning permission for additional sites would be contrary to the
PPG3 'plan, monitor and manage' approach to the release of housing land
and the strategy of the Structure and Local Plan to restrain housing growth
and therefore Policy H6 of the Harrogate District Local Plan.
4.3 01/05700/FUL Erection of 1 No. dwelling with double garage, new access and
package treatment plant. Withdrawn 25.02.2002
5.0 NATIONAL & LOCAL POLICY
5.1 National Planning Policy
5.2 The National Planning Policy Framework February 2019 (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 indicate otherwise. The
National Planning Policy Framework is a material consideration in planning
decisions.
5.3 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
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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 C2 Landscape Character
Policy HD20 Design of New Development and Redevelopment
5.5 Emerging Harrogate District Local Plan
GS1: Providing New Homes And Jobs
GS2: Growth Strategy To 2035
GS3: Development Limits
NE3: Protecting the Natural Environment
NE4: Landscape Character
5.6 Supplementary Planning Documents
House Extensions and Garages Design Guide
Biodiversity Design Guide
Harrogate District Landscape Character Assessment: Area 51
Knaresborough Reclaimed Gravel Pits
5.7 Other material policy considerations:
Planning Practice Guidance
6.0 CONSULTATIONS
6.1 NYCC Planning Services – No objections - comments regarding former
mineral extraction on the adjacent site, now the Hay-a-Park SSSI.
6.2 Environment Agency - Dales Area Office – No objections, comments and
advice given on surface water drainage and foul drainage.
6.3 Natural England – Further assessment required to the impact on the SSSI.
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6.4 Principal Ecologist – No objections subject to conditions.
6.5 EHO Contaminated Land – No objections - comments and conditions
recommended; Phase 2 land contamination assessment required and
requirement for electric car charging points.
6.6 Yorkshire Water – No objections - comments advising it is the developers
responsibility to ensure an adequate water supply can be provided, and that
the area is not served by the public sewerage network
6.7 NYCC Highways And Transportation – Comments and conditions
recommended; to include the introduction of 3 no. passing bays on Bar
Lane, and adequate visibility splays which can be provided within the
highway.
7.0 VIEWS OF THE TOWN COUNCIL
7.1 Knaresborough Town Council objects to this application for the following
reasons:
1. this outline application is too vague and provides no indication of the
scale of development proposed on this site
2. the site adjoins the Hay-a-Park Site of Special Scientific Interest with
its lake, ponds and grassland of interest to wintering wildfowl and
breeding birds, which could be further compromised by additional
development
3. there are highways issues both in terms of access on Hazelheads
Lane which can be impassable due to overgrown hedgerows and visibility
4. the site does not form part of land earmarked for development in the
emerging Local Plan.
8.0 OTHER REPRESENTATIONS
8.1 Two letters of representation received from a local resident and landowner.
Advising there is a Certificate of Lawfulness granted on the land.
With the Certificate of Lawfulness in place prefer to see a small number of
houses
9.0 ASSESSMENT
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9.1 The principal issues for consideration under this application are as follows:
Social sustainability
Housing land supply
Environmental sustainability
Countryside
Ecology, impact on the SSSI and protected species
Amenity - impact on existing and proposed residents
Highways
Other matters
Water supply and drainage
Land contamination
Air quality
Planning Balance & Conclusion
9.2 SOCIAL SUSTAINABILITY
9.3 Housing Land Supply
9.4 The NPPF February 2019 states achieving sustainable development means
the planning system has three overarching objectives, which are
interdependent and need to be pursued in mutually supportive ways;
economic, social and environmental.
9.5 Development of the site would provide up to 4 no. additional dwellings which
would meet a social need with the development phase and future spending
from occupants meeting the economic need.
9.6 Applications should 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. The
policies within the adopted Local Plan in so far as they relate to the supply of
housing are considered to be out of date and can be given no more than
limited weight.
9.7 The NPPF is a material consideration which at paragraph 11 requires local
planning authorities:
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(c) to approve development proposals that accord with an up-to-date
development plan without delay; or
(d) where there are no relevant development plan policies, or the policies
which are most important for determining the application are out-of-date ,
granting permission unless:
(i) the application of policies in the Framework that protect areas or
assets of particular importance provides a clear reason for refusing the
development proposed; or
(ii) any adverse impacts of doing so would significantly and
demonstrably outweigh the benefits, when assessed against the
policies in this Framework taken as a whole.
9.8 At paragraph 48 it further advises Local planning authorities may give weight
to relevant policies in emerging plans according to:
(a) the stage of preparation of the emerging plan (the more advanced its
preparation, the greater the weight that may be given);
(b) the extent to which there are unresolved objections to relevant policies
(the less significant the unresolved objections, the greater the weight that
may be given); and
(c) the degree of consistency of the relevant policies in the emerging plan
to this Framework (the closer the policies in the emerging plan to the
policies in the Framework, the greater the weight that may be given)
9.9 The emerging Harrogate District Local Plan was the subject of a public
examination in January following which the Inspector has written to the
Council recommending that a number of sites be deleted from the Plan and
that additional sustainability appraisal work is undertaken. The Local Plan
satisfies Section 20(5) of the Planning and Compulsory Purchase Act 2004
and meets the criteria for soundness in the NPPF. All the policies in the
emerging Local Plan can now therefore be given significant weight, they
cannot however be given full weight until the document is adopted which is
expected towards the end of the year.
9.10 Material to the consideration of this application is the emerging Local Plan and
the 5 year land supply position. The Council’s emerging Local Plan makes
allocations of land and sets development limits to meet the housing needs of
the district to 2035. Sites have been identified as allocations in the emerging
Local Plan as those that best deliver the Plan’s growth strategy.
Development should therefore be directed toward these sites, and proposals
coming forward on other sites outside the development limits are unlikely to
be viewed favourably.
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9.11 In regard to 5 year land supply the Council has a healthy land supply position,
currently 6.89 years when compared against the housing requirement, with
an appropriate buffer. The need to approve schemes which are not on sites
allocated in the emerging local plan is therefore diminished.
9.12 Given the stage that the Plan has reached, significant weight is being given to
the fact that the application site is not allocated within the emerging Local
Plan and is not within the development limits.
9.13 The environmental impact is assessed below.
9.14 ENVIRONMENTAL SUSTAINABILITY
9.15 Countryside
9.16 The site is within the open countryside, Saved Policy C2 seeks to protect
existing landscape character.
9.17 The landscape assessment identifies sensitives and pressures, noting the
contribution the area makes to the rural setting of Knaresborough,
highlighting the sensitivity of the area to inappropriate development, with the
key aims being to promote recreation and links to the town and country;
preserve and enhance woodland and tree cover; and promote and enhance
the biodiversity.
9.18 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. Referring to the need to
protect the high quality of the landscape which is important to the setting of
the towns of Harrogate, Knaresborough and Ripon.
9.19 Core Strategy Policy SG4 states all development should ensure scale,
density, layout and design makes the most efficient use of land; be well
integrated with, and complementary to, neighbouring buildings and the
spatial qualities of the local area, and appropriate to the form and character
of the settlement. Visual, residential and general amenity should be
protected and where possible enhanced. Saved Policy HD20 gives design
advice.
9.20 Core Strategy Policy EQ1 seeks to ensure new development reduces the risk
to the environment through planning, design, construction and the future
operation of the development.
9.21 The site is identified as being in Area 51 of the Harrogate District Landscape
Character Assessment: Knaresborough Reclaimed Gravel Pits. The
assessment describes the area as comprising of a series of 4 no. gravel pits
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now lakes which are confined by heavy woodland cover that encircles the
large lakes, obscuring views of the water; a combination of fields, lakes and
woodland. The assessment notes a key characteristic being a scattering of
individual houses and farmsteads as well as small industry and business
dispersed around the lakes.
9.22 The site is to the west of Hay-a-Park SSSI (Site of Special Scientific Interest).
9.23 This is an outline application for up to 4 no. dwelling with access considered.
The site is currently access on the corner of Hazelheads Lane and Bar Lane;
it is currently overgrown with a number of structures and vehicles parked. A
recent Certificate of Lawfulness dated May 2017 references the “storage of
commercial/civil engineering vehicles and building materials”.
9.24 Access is via Bar Lane off the new roundabout on Boroughbridge Road, Bar
Lane is a long single track road with high hedges to either side, the views
open out at the junction with Hazelheads Lane at existing access into the
site. The east boundary comprises of a tree belt beyond which is the SSSI.
To the west there is a pending application for 175 houses, this application is
on this agenda, and while it was previously recommended for approval it
now, in line with the position of the emerging local plan, has a
recommendation for Refusal.
9.25 At the time of writing the report, the Bar Lane application for residential
development for 175 houses has not been determined; this application
needs to therefore be considered on its own merits, considering the impact
of the development of the site for up to 4 no. dwellings would have on the
locality and wider countryside setting as existing, with the land to the west
being fields.
9.26 The site is currently overgrown with a number of structures, caravans, vans
and other vehicles parked up. In an email dated the 12 August the
applicants agent advises that the site currently has a caravan, a JCB, two
pick-up trucks and a van on site which generate 5 no. two-way vehicle
movements a day.
9.27 The agent advises the applicant is considering letting the land out for storage
and parking and that this could generate additional activity and vehicle
movements, quoting in excess of 25-30 two-way vehicle movements,
advising these could be 8 wheeler lorries carrying up to 20 tonnes. Although
no details have been submitted to assess whether this is a viable alternative
use for the site and that there is an interested party looking to purchase or
rent the land.
9.28 The site size means it could accommodate up to 4 no. modest dwellings, to
the south of the site is Tarran Barn; to the north is Little Pastures Trekking
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School. While it is considered that removing the existing structures and
vehicles could be a benefit to the wider visual amenity, the permanence of 4
no. dwellings in this rural location would significantly increase the built form
in this area of the countryside.
9.29 The agent argues that 4 no. dwellings would have less of an impact on the
landscape than the existing and potential future use of the site. The existing
use, as ratified by the certificate of lawfulness is for “the storage of
commercial/civil engineering vehicles and building materials”. Any
alternative or intensification of this use may, or may not require planning
permission. Without further information it is not possible as this time to
assess whether the suggested future use falls within the parameters of the
certificate of lawfulness, or indeed, whether it would have a detrimental
impact on the landscape setting of the area.
9.30 It is possible to assess, on the basis of the information submitted in support of
the application, the proposed use and its impact on the landscape setting of
the area and wider setting of Knaresborough. The erection of up to 4 no.
dwellings on site would increase the built form in this area of the countryside,
creating a pocket of development unrelated to the settlement of
Knaresborough to the east.
9.31 Notwithstanding the benefits that would come from the delivery of new
housing, in light of the fact that the site is not allocated within the emerging
Local Plan, and that the Council has a demonstrable 5 year supply then the
harm caused by this proposal is considered to outweigh the benefits.
9.32 Ecology, impact on the SSSI and protected species
9.33 To the north is a fence with mature trees and planting to the lane, to the east
is a mature tree belt beyond which is the Hay-a-Park SSSI. This SSSI is a
flooded former gravel works which supports important populations of
wintering wildfowl and other wild birds.
9.34 To the south is Tarran Barn a residential dwelling accessed off Hazelheads
Lane. To the west is a fence and hedge to Hazelheads Lane.
9.35 Core Strategy Policy EQ2 refers to the District’s exceptionally high quality
natural and built environment, and seeks to ensure the level of protection is
appropriate to its international, national and local importance. Priority
measures referred to include the need to increase wildlife habitats and
species in accordance with the District’s Biodiversity Action Plan.
9.36 Emerging Policy NE3 seeks to protect the natural environment advising that
proposals which protect and enhance features of ecological and
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geographical interest and seek to provide net gains in biodiversity will be
supported.
9.37 NPPF Section 15 Conserving and enhancing the natural environment,
Habitats and biodiversity Para. 175 reads; When determining planning
applications, local planning authorities should apply the following principles:
a) if significant harm to biodiversity resulting from a development cannot
be avoided (through locating on an alternative site with less harmful
impacts), adequately mitigated, or, as a last resort, compensated for, then
planning permission should be refused;
b) development on land within or outside a Site of Special Scientific
Interest, and which is likely to have an adverse effect on it (either
individually or in combination with other developments), should not
normally be permitted. The only exception is where the benefits of the
development in the location proposed clearly outweigh both its likely
impact on the features of the site that make it of special scientific interest,
and any broader impacts on the national network of Sites of Special
Scientific Interest;
9.38 The application was originally submitted with the biodiversity checklist
completed which identified the SSSI and lake and thus advised an ecological
survey was required to assess the impact, however no ecological
assessment was submitted. The local planning authority sent a letter on the
30 April advising that there was an objection on ecological grounds.
9.39 A further letter was sent by the local planning authority on the 15 May asking
whether an ecological report was to be submitted, suggesting an extension
of time for 4 weeks to allow submission. The Ecological Survey was
received on the 20 May and forwarded to Natural England and the Council’s
Ecologist for their comments.
9.40 Natural England responded, advising Hay-a-Park SSSI is primarily notified for
Wintering Goosander (Mergus merganser) and advising that the report did
not adequately identify nor address the potential significant impacts to Hay-
a-Park SSSI.
9.41 This advice was forwarded to the applicant’s agent and a further 4 weeks was
granted to allow the report to be updated and forwarded to Natural England
and the Council’s Ecologist for comment. The updated report was received
on the 24 July, a further extension of time was granted to allow this to be
assessed by our Principal Ecologist and Natural England.
9.42 The Council’s Principal Ecologist has commented that following further
information from NYCC Highways with regard to the creation of passing
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bays, which can be achieved within the highway that there are no objections
to the proposals subject to conditions.
9.43 Natural England however advises that the amended report still does not take
into account the previous advice or adequately identifies or addresses the
potential significant impact on Hay-a-Park SSSI. Referring specifically to
impact from construction including lighting, noise, dust and pollution; water
quality; impact from recreational access etc. and does not identify all
required mitigation. These comments were forwarded to the agent on the 28
August.
9.44 NPPF Para. 177 reads; The presumption in favour of sustainable
development does not apply where the plan or project is likely to have a
significant effect on a habitats site (either alone or in combination with other
plans or projects), unless an appropriate assessment has concluded that the
plan or project will not adversely affect the integrity of the habitats site.
9.45 The updated ecological assessment submitted does not address the issues
raised by Natural England in relation to the Hay-a-Park SSSI.
9.46 The proposals are therefore contrary to the policies and guidance set out in
the NPPF Para. 175b) and 177 and Emerging Policy NE3, Core Strategy
Policy EQ2 and Saved Policies.
9.47 Amenity - impact on existing and proposed residents
9.48 Core Strategy Policy SG4 seeks to ensure residential and general amenity
are protected and where possible enhanced. Annex D of the House
Extensions and Garages Design Guide recommends privacy distances
between windows to provide internal privacy, and provides guidance on
siting to ensure development is not overbearing or create an unacceptable
level of overshadowing.
9.49 The nearest residential dwelling is Tarran Barn to the south of the site, while
this is an outline application with no details of layout to be considered at this
time, it is considered that the site size would allow for up to 4 no. dwellings
without harm to the residential amenity of the occupiers of Tarran Barn.
9.50 The site is close to Little Pastures Trekking School but the distance ensures
there would be no detrimental impact from noise, odour or disturbance
associated with the riding school.
9.51 The proposals, subject to a suitable design and layout, could comply with the
guidance set out in the NPPF, Core Strategy Policy SG4 and the guidance
set out in Annex D of House Extensions and Garages Design Guide.
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9.52 Highways
9.53 This outline application indicates access to the site, but not access within the
site. Access is proposed via Bar Lane, with the existing access on the
corner of Hazelheads Lane and Bar Lane and a new access onto
Hazelheads Lane proposed.
9.54 Concern was expressed over the additional traffic associated a scheme for
residential development due to the access along Bar Lane, which is a single
track road. Further details were submitted and the description amended to
refer to up to 4 no. dwellings, with supporting information on the current and
potential vehicles movements from the “storage of commercial/civil
engineering vehicles and building materials” for which a Certificate of
Lawfulness has been issued.
9.55 In support of the application the applicant has submitted details of current
vehicle movements and potential vehicle movements from the potential long-
term lease to a Civil Engineering company, or leasing for an alternative use,
subject to approval.
9.56 Taking this into account the Highway Authority have advised they have no
objections in principle to the proposals subject to condition in relation to
visibility splays and the provision of 3 no. passing spaces on Bar Lane.
9.57 NYCC Highways have advised these passing places could be formed on
highway land on sections of the road where it is slightly wider, but would
require some hedges to be cut back. While the application seeks consent
for access, no details of visibility splays, or passing spaces have been
submitted in support of this outline application.
9.58 Therefore, in order to comply with Core Strategy Policy SG4, NYCC Highways
condition the removal of hedging to provide clear visibility to the junction and
3 no. passing places on Bar Lane.
10.0 OTHER MATTERS
10.1 Water supply and drainage
10.2 Yorkshire Water and the Environment Agency have no objections but give
advice. If planning permission was to be granted it is recommended that this
advice is added as an informative.
10.3 Land contamination
10.4 The Environmental Health Officer would recommend a condition requiring the
submission of a Phase 1 and Phase 2 assessment.
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10.5 Air quality
10.6 In order to promote the use of electric cars and reduce pollution as well as to
ensure the development conforms to the NPPF, the Air Quality team
recommend that the dwellings be fitted with an electric vehicle charging
point. The electric vehicle charging point shall be implemented prior to
occupation. It is recommended that a charging unit which provide for Mode 3
Charging with a minimum 16amp rating is provided as part of the
development.
11.0 PLANNING BALANCE & CONCLUSION
11.1 The proposals are contrary to the emerging local plan growth strategy which
seeks to focus growth within the District’s main settlements, with new
dwellings to be provided on allocated sites and within the development limits
of settlements, in accordance with Emerging Local Plan Policies GS1, GS2
and GS3.
11.2 The existing use, as granted under the certificate of lawfulness is for “the
storage of commercial/civil engineering vehicles and building materials” has
resulted in a number of vehicles, including a JCB being parking on the land.
The site also has a number of structures and a caravan, which do not appear
to be associated with the current use of the land. The development of the
site for up to 4 no. dwellings would ensure these structures are removed and
would result in the loss of the parking of vehicles associated within the
commercial/civil engineering storage; however the erection of up to 4 no.
dwellings would increase the built form in this area.
11.3 The wider landscape when viewed from Bar Lane and Hazelheads Lane is of
fields bounded by native hedgerows, the site itself has hedgerows to the
front and a mature tree belt, screening the Hay-a-Park SSSI to the rear.
While there is some sporadic development in the immediate area with the
riding school and Tarran Barn, the erection of up to 4 no. dwellings would
increase the built form in the landscape unrelated to the settlement of
Knaresborough to the east.
11.4 The site is accessed via a single track road with high hedges to each side, the
proposals would see some of the hedges cut back to provide passing spaces
and visibility splays, but no details have been submitted to show where these
passing places would be, the extent of hedgerow cutting back / works
required to facilitate the formation of the passing places.
11.5 To the north of the site is the Hay-a-Park SSSI. While an updated ecology
report has been submitted, Natural England advise that this still does not
take into account the previous advice or adequately identify or address the
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potential significant impact on Hay-a-Park SSSI. Referring specifically to
impact from construction including lighting, noise, dust and pollution; water
quality; impact from recreational access etc. and does not identify all
required mitigation.
11.6 As such, as proposed it is not possible to assess the full impact on the SSSI
or protected species.
11.7 The proposals are thus contrary to the policies and guidance set out in the
NPPF, Emerging Policy GS1, GS2, GS3, NE3, NE4, Core Strategy Policy
EQ2 and Saved Policy C2.
12.0 RECOMMENDATION
12.1 That the application be REFUSED
1. In accordance with paragraph 48 of the National Planning Policy
Framework 2019, the emerging Harrogate District Local Plan is at an
advanced stage with the council being able to demonstrate 6.89 years
housing land supply compared against the housing requirement (with
an appropriate buffer) consequently results in this proposal being
contrary to emerging Harrogate District Local Plan Policies GS1:
Providing New Homes and Jobs and Policy GS2: Growth Strategy to
2035. To approve residential development in this location remote from
the development limits of Knaresborough, as set out in the emerging
local plan Policy GS3, would fundamentally undermine the emerging
plan which seeks to focus growth within the District’s main settlements,
with new dwellings to be provided on allocated sites and within the
development limits of settlements.
2. The development of the site for up to 4 no. dwellings would have a
detrimental impact on the character and setting of the countryside in
this rural location which is characterised by sporadic development,
fields and woodland accessed via narrow access roads; contrary to the
policies and guidance in the NPPF, Emerging Local Plan Policy NE4
and Core Strategy Policy EQ2 of the Harrogate District Local
Development Framework.
3. Insufficient information has been submitted to assess the impact the
development and its construction would have on the Hay-a-Park SSSI
and fails to identify required mitigation measures; the proposals are
thus contrary to the policies and guidance in the NPPF, Emerging Local
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Plan Policy NE3 and Core Strategy Policy EQ2 of the Harrogate District
Local Development Framework.
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: 20 September 2019
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