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

19/01243/OUT 2

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

19/01243/OUT 3

19/01243/OUT 4

19/01243/OUT 5

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

19/01243/OUT 6

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

19/01243/OUT 7

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.

19/01243/OUT 8

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

19/01243/OUT 9

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:

19/01243/OUT 10

(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.

19/01243/OUT 11

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

19/01243/OUT 12

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

19/01243/OUT 13

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

19/01243/OUT 14

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

19/01243/OUT 15

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.

19/01243/OUT 16

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.

19/01243/OUT 17

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

19/01243/OUT 18

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

19/01243/OUT 19

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