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HGTZC024/03097/FUL - Demolition of former petrol
station and erection of 6 no. self-contained residential apartments
and associated parking at site of Skellbank Garage, Skellbank,
Ripon, North Yorkshire, on behalf of Tate Fuel Oils Ltd.
Considered –
The Head of Development Management –
Community Development Services sought determination of a planning
application for the demolition of the former petrol station and the
erection of 6 no. self-contained residential apartments and
associated parking on land at the site of Skellbank Garage,
Skellbank, Ripon. The application had initially been
considered by the Committee on 2 June 2025 when Members resolved
that they were minded to grant the application, but the decision
was deferred subject to the receipt of a satisfactory gypsum report
and for planning conditions which were to be presented back to the
Committee at the earliest opportunity.
Since the application was considered by
Committee a ground investigation has been undertaken. To a
depth of 35m no open voids were found, although the sold strata did
entomb former voids filled with debris, which was taken as being
from their formal partial collapse. The presence of gypsum
was recorded. However, no certainty had been provided that
such foundations could be used without undue harm being caused to
the adjacent listed buildings and further site investigation was
required.
The Senior Planning Officer stated that he had
advised the applicant that because the premises was in a
Conservation Area, a second application was required to demolish
the building and that a second investigation was needed to prove
that power driving was the appropriate method.
The following persons spoke in accordance with
the Council’s public participation scheme:
Councillor Andrew Williams on behalf of Ripon
City Council.
Mr Richard Mowat, agent for the applicant.
During consideration of the application,
Members discussed the following issues:
-
The site had been an eyesore for some time.
-
The development of six flats was welcome and it was rare to get an
applicant coming forward to develop a tricky site.
-
Car parking – six spaces would be provided.
-
Did not see any value in requiring a separate application for
demolition of the site, because this would prolong determination of
the application, and the resulting choices would still be the
same.
The Committee did not agree with the
officer’s recommendation for a deferment and it was
Resolved –
That, the application is GRANTED subject to
the conditions set out in the report and replicated below including
an additional condition set out at paragraph 3 together with the
completion of a Section 106 Agreement for £2500 contribution
to update the parking restrictions in line with the proposed
junction changes at Skellbank junction by means of amended yellow
lines following the kerbing and related Traffic Regulation Order
required for such a change.
That the application be deferred
by officer for Legal Agreement
1 The
development hereby permitted shall be begun on or before three
years from the date of this permission.
2 The
development hereby permitted shall be carried out in accordance
with the following documents:-
a) 3xa Design drawings;
267-P.101 rev E Proposed Site Plan / Roof Plan dated
21.02.25
267-P.102 rev C Proposed Ground Floor Plan dated
21.02.25
267-P.103 rev B Proposed First Floor Plan dated 21.02.25
267-P.104 rev B Proposed Second/Third Floor Plan dated
21.02.25
267-P.106 rev E Proposed South Elevation dated 26.06.25
267-P.107 rev D Proposed East Elevation dated 26.06.25
267-P.108 rev D Proposed West Elevation dated 26.06.25
267-P.109 rev D Proposed North Elevation dated 24.06.25
267-P.110 rev E Proposed Section Looking West dated
24.06.25
267-P.111 rev C Proposed Roof Plan dated 24.06.25
267-P.112 rev B Street Elevation Looking North dated
24.06.25
b) Foundation works mitigation contained in Section 4 of the Mason
Clark Associates Piling feasibility review report
no.MCA-23540-Y-RP-01-R0 dated 16 October 2025 and which shall be
equally applied to the adjacent unlisted building to the east
side of the application site.
c) S 3xa Design Sustainable Design Statement rev A dated October
2025.
3
Prior to the commencement of development (excluding site clearance
and investigation works), full details of the foundation design for
the development hereby granted shall be submitted to and approved
in writing by the Local Planning Authority. Development shall
be carried out in strict accordance with the approved details
.
4
Prior to the commencement of development (excluding site clearance
and investigation works), a Safety Audit of the off-site
highway mitigation measures of junction protection and pedestrian
improvement works shown on 3Xa Design drawing 267-P.101 rev E
Proposed Site Plan / Roof Plan dated 21.02.25 must be submitted to
and approved in writing by the Local Planning Authority.
5
Prior to the commencement of development (excluding site clearance
and investigation works), satisfactory written evidence of the
purchase of the necessary off-site area units to achieve 10%
Biodiversity Net Gain, including any achieved on site, from a local
habitat bank that is registered with Natural England shall have
been submitted to and approved in writing by the Local Planning
Authority.
6
Further to condition 5, prior to the commencement of development
(excluding site clearance and investigation works) in the event of
some of the 10% Biodiversity Net Gain being achieved on site a
Construction Ecological Mitigation Plan shall be submitted to and
approved in writing by the Local Planning Authority. A copy of that
plan must be retained on site and made available to site managers
and operatives, throughout the construction process.
7 A
detailed scheme for landscaping, including the planting of trees
and or shrubs shall be submitted to the Local Planning Authority
prior to groundworks commencing; such scheme shall specify types
and species, a programme of planting and the timing of
implementation of the scheme, including any earthworks
required. Development shall be carried out in accordance with
the approved landscaping scheme and timetable.
8
Groundworks shall not commence until a land contamination Phase II
Intrusive Site Investigation Report for the whole site has been
submitted to and approved in writing by the Local Planning
Authority.
9
Where site remediation is recommended in the Phase II Intrusive
Site Investigation Report approved under condition 8 above,
groundworks shall not commence until a land contamination
remediation strategy has been submitted to and approved in writing
by the Local Planning Authority. The remediation strategy
shall include a timetable for the implementation and completion of
the approved remediation measures
10
Land contamination remediation of the site shall be carried out and
completed in accordance with the Remediation Strategy approved
under condition 9 above. In the event that remediation is unable to
proceed in accordance with that Remediation Strategy or
contamination not previously considered in;
a) the
GeoEnvironmental Report by ARP ref: TAT/01r1v3 dated July 2024,
or
b) the
Phase II Intrusive Site Investigation Report approved under
condition 5 above,
is identified or encountered on site, all groundworks in the
affected area (save for site investigation works) shall cease
immediately and the Local Planning Authority shall be notified in
writing within 2 working days. Works shall not recommence
until proposed revisions to the Remediation Strategy have been
submitted to and approved in writing by the Local Planning
Authority. Remediation of the site shall thereafter be
carried out in accordance with the approved revised Remediation
Strategy.
11
Following completion of any measures identified in the Remediation
Strategy approved under condition 9 above, or any approved revised
Remediation Strategy under condition 10 above a land contamination
Verification Report shall be submitted to the Local Planning
Authority. No part of the site shall be brought into use
until the Verification Report in respect of those remediation
measures has been approved in writing by the Local Planning
Authority.
12
Where verification has been submitted and approved in stages for
different areas of the whole site, a Final Verification Summary
Report shall be submitted to and approved in writing by the Local
Planning Authority.
13 No
phase of development shall commence until the following details
have been submitted to and approved in writing by the Local
Planning Authority;
a) details of any temporary construction access to the site
including measures for removal following completion of construction
works;
b) restriction on the use of Skellbank residential cul-de-sacs for
any construction
purpose;
c) wheel and chassis underside washing facilities on site to ensure
that mud and debris is not spread onto the adjacent public
highway;
d) the parking of contractors' site operatives and visitor's
vehicles clear of the highway;
e) areas for storage of plant and materials used in constructing
the development clear of the highway;
f) measures to manage the delivery of materials and plant to the
site including routing and timing of deliveries and loading and
unloading areas;
g) details of the routes to be used by HGV construction traffic and
pre and post highway
h) condition surveys on these routes for a distance of 50 metres in
both directions from the site;
i) protection of carriageway and footway users at all times during
demolition and construction;
j) protection of contractors working adjacent to the
highway;
k) erection and maintenance of hoardings including decorative
displays, security fencing and scaffolding on/over the footway
& carriageway and facilities for public viewing where
appropriate;
l) means of minimising dust emissions arising from construction
activities on the site, including details of all dust suppression
measures and the methods to monitor emissions of dust arising from
the development;
m) measures to control and monitor construction noise;
n) an undertaking that there must be no burning of materials on
site at any time during construction;
o) removal of materials from site including a scheme for
recycling/disposing of waste resulting from demolition and
construction works;
p) details of external lighting equipment;
q) details of ditches to be piped during the construction
phases;
r) a detailed method statement and programme for the building
works; and
s) contact details for the responsible person (site manager/office)
who can be contacted in the event of any issue.
14
Demolition, site preparation and construction shall be not be
undertaken outside of the hours of 08:00 - 18:00 Mondays to Fridays
and 08:00 - 13:00 Saturdays with no work on Sundays or Bank
Holidays.
15 Any
tree removal shall only take place outside the bird nesting season
(March-August inclusive).
16
Prior to construction works commencing on site, a programme for the
delivery the off-site highway mitigation measures of junction
protection and pedestrian improvement works shown on 3Xa Design
drawing 267-P.101 rev E Proposed Site Plan / Roof Plan dated
21.02.25 and its interaction with delivery of the other identified
schemes must be submitted to and approved in writing by the Local
Planning Authority.
17
Except for investigative works, no excavation or other groundworks
or the depositing of material on site in connection with the
construction of any road or any structure or apparatus which
will lie beneath the road must take place on any phase of the
road construction works, until full detailed engineering
drawings of all aspects of roads and sewers for that phase,
including any structures which affect or form part of the
highway network, and a programme for delivery of such works
have been submitted to and approved in writing by the Local
Planning Authority.
The development must only be carried out in compliance with the
approved engineering drawings.
18
there must be no access or egress by any vehicles between the
highway and the application site until splays are provided giving
clear visibility of 43 metres measured along both channel lines of
the major road from a point measured 2.4 metres down the centre
line of the access road. In measuring the splays, the eye height
must be 1.05 metres and the object height must be 0.6 metres.
Once created, these visibility splays must be maintained clear of
any obstruction and retained for their intended purpose at all
times.
19
Prior to the commencement of the external construction of the walls
of the development hereby approved a sample panel of the type of
stone to be used showing the proposed coursing and pointing shall
be erected on the site for the written approval of the Local
Planning Authority. Development shall be carried out in strict
accordance with the approved details and the sample stonework panel
shall be retained on site during the period of construction of all
external walls that are constructed in stone.
20
Before the first use of any materials in the external construction
of the roof of the development hereby approved, samples of those
materials shall have been made available for inspection by, and the
written approval of, the Local Planning Authority and the
development shall be carried out in strict accordance with the
approved details.
21 The
site shall be developed with separate systems of drainage for foul
and surface water on and off site and those separate systems shall
extend to the points of discharge to be agreed.
22
There shall be no piped discharge of surface water from the
development prior to the completion of surface water drainage works
and firstly details of which will have been submitted to and
approved by the Local Planning Authority. If discharge to public
sewer is proposed, the information shall include, but not be
exclusive to:-
a) evidence to demonstrate that surface water disposal via
infiltration or watercourse are not reasonably
practical;
b) evidence of existing positive drainage to public sewer and the
current points of connection; and
c) the means of restricting the discharge to public sewer to the
existing rate less a minimum 30% reduction, based on the existing
peak discharge rate during a 1 in 1 year storm event, to allow for
climate change.
23 No
part of the development must be brought into use until the access,
parking. manoeuvring and turning areas have been constructed
in accordance with the details shown on 3xa Design drawings
267-P.101 rev E Proposed Site Plan / Roof Plan dated and 267-P.102
rev C Proposed Ground Floor Plan, both dated 21.02.25. Once created
these areas must be maintained clear of any obstruction and
retained for their intended purpose at all times.
24 The
parking spaces provided under condition 20 above before first use
shall be equipped, as shown on 3xa Design drawing 267-P.102 rev C
Proposed Ground Floor Plan dated 21.02.25, with electric vehicle
charging facilities of Mode 3 on their own dedicated circuits with
a minimum current rating of 16A. The charging facilities shall be
maintained free of obstruction and retained until supersedes by an
advanced technology.
25 The
bicycle storage shown 3xa Design drawing 267-P.102 rev C Proposed
Ground Floor Plan dated 21.02.25 shall be provided prior to first
occupation of any the apartments hereby approved. Once created
these areas must be maintained clear of any obstruction and
retained for their intended purpose at all times.
26 No
part of the development to which this permission relates must be
brought into use until the carriageway and any footway or footpath
from which it gains access is constructed to binder course macadam
level or block paved (as approved) and kerbed and connected to the
existing highway network with any street lighting installed and in
operation.
27 The
completion of all road works, including any phasing, must be in
accordance with a programme submitted to and approved in writing
with the Local Planning Authority before any part of the
development is brought into use.
28
Before first occupation of any the apartments hereby approved,
waste storage facilities in accordance with 3xa Design drawing
267-P.102 rev C Proposed Ground Floor Plan dated 21.02.25 shall
have been provided with individual apartments having access to
their own facility and which shall not be altered without the prior
written approval of the Local Planning Authority and shall be
maintained for the life of the approved development.
29
Before first occupation of any the apartments hereby approved, bat
and swift bricks shall have been located in accordance with 3xa
Design drawings 267-P.107 rev D Proposed East Elevation dated
26.06.25 and 267-P.109 rev D Proposed North Elevation dated
24.06.25. Details of the bat and swift bricks shall first have been
submitted to and approved in writing by the Local Planning
Authority. Once installed the bat and swift bricks shall be
maintained free of obstruction.
30
Before first occupation of any the apartments hereby approved, the
developer shall provide written evidence to the Local Planning
Authority to demonstrate that the following internal sound levels
have been achieved in front facing plots.
a) The 16hr LAeq shall not exceed 35dB between 0700 and 2300 hours
when readings are taken in any noise sensitive rooms in the
development.
b) The 8hr LAeq shall not exceed 30dB between 2300 and 0700 hours
when readings are taken inside any bedroom in the
development.
c) The LAFMax indoor shall not exceed 45 dB (more than 10 times)
between 2300 and 0700hrs when readings are taken inside any bedroom
in the development.
If it cannot be demonstrated that the aforementioned sound levels
have been achieved, a further scheme incorporating further measures
to achieve those sound levels shall be submitted for the written
approval of the Local Planning Authority. All works comprised
within those further measures shall be completed and written
evidence to demonstrate that the aforementioned sound levels have
been achieved shall be submitted to and approved in writing by the
Local Planning Authority before the development is first brought
into use.
31
Before first occupation of any the apartments hereby approved, the
off-site highway mitigation measures of junction protection and
pedestrian improvement works shown on 3Xa Design drawing 267-P.101
rev E Proposed Site Plan / Roof Plan dated 21.02.25 must be
completed in strict accordance with full detailed engineering
drawings of all aspects of that scheme, including any structures
which affect or form part of the scheme, that have first been
submitted to and approved in writing by the Local Planning
Authority. An independent Stage 2 Road Safety Audit carried
out in accordance with GG119 - Road Safety Audits or any
superseding regulations must be included in the submission, and the
design proposals must be amended in accordance with the
recommendations of the submitted Safety Audit prior to the
commencement of works on site.
Except for investigative works, no excavation or other groundworks
or the depositing of material on site in connection with the
construction of this scheme of off-site highway mitigation or any
structure or apparatus which will lie beneath that scheme shall
take place, until the Local Planning Authority have approved the
scheme. The off-site highway works must be completed in accordance
with the approved engineering details and programme.
32
Before first occupation of any the apartments hereby approved a
download connection of 30Mbps shall be provided to each apartment
and facilities will have been incorporated in the development for
the future provision of Fibre to the Premises broadband
infrastructure capable of Next Generation Access speeds.
33 In
the event of failure of any trees or shrubs, planted in accordance
with any scheme approved by the Local Planning Authority, to
survive for a period of five years from the date of the completion
of implementation of that scheme, such trees or shrubs shall be
replaced by the developer with such live specimens of such species
in such number as may be approved by the Local Planning
Authority.
Reasons for Conditions:-
1 To
ensure compliance with Sections 91-94 of the Town and Country
Planning Act 1990.
2 For
the avoidance of doubt and to ensure a safe sustainable
development.
3 To
ensure a safe development.
4 To
ensure that the design is appropriate in the interests of the
safety and convenience of highway users.
5 and
6. In the interests of securing no net loss of biodiversity net
gain.
7 To
safeguard the rights of control by the Local Planning Authority in
these respects and in the interests of amenity.
8 to
12. To ensure that risks from land contamination to the future
users of the land and neighbouring land are minimised, together
with those to controlled waters, property and ecological systems,
and to ensure that the development can be carried out safely
without unacceptable risks to workers, neighbours and other offsite
receptors.
13 In
the interest of public safety and amenity.
14 So
as to respect the amenities of the surrounding residential
properties.
15 To
safeguard ecology.
16 To
ensure that the design is appropriate in the interests of the
safety and convenience of highway users.
17 To
secure an appropriate highway constructed to an adoptable standard
in the interests of highway safety and the amenity and convenience
of all highway users.
18 In
the interests of highway safety.
19 and
20. In order to ensure that the materials used conform to the
amenity requirements of the locality.
21 In
the interest of satisfactory and sustainable drainage.
22 To
ensure that no surface water discharges take place until proper
provision has been made for its disposal and in the interest of
sustainable drainage.
23 To
provide for appropriate on-site vehicle facilities in the interests
of highway safety and the general amenity of the
development.
24 and
25. To ensure provision for alternate modes of
transport.
26 and
27. To ensure safe and appropriate access and egress to the
premises, in the interests of highway safety and the convenience of
all prospective highway users.
28 In
the interests of amenity.
29 To
provide appropriate ecological mitigation.
30 In
the interests of amenity.
31 To
ensure that the design is appropriate in the interests of the
safety and convenience of highway users.
32 To
ensure access to appropriate telecommunications.
33 To
safeguard the rights of control by the Local Planning Authority in
these respects and in the interests of amenity.
INFORMATIVES
1
To ensure the occupants of the proposed apartments are not impacted
by noise from the residential use below/above or adjacent to them,
Environmental Protection recommend the dwellings shall be insulated
against the transmission of airborne and impact sound at a standard
equivalent to that contained in the current Building Regulations
– Approved Document E (current Edition).
2
Yorkshire Water Service Ltd advise there is a 150mm and a small
diameter combined water sewer recorded to cross the site, the
presence of should be regarded. It may not be acceptable to raise
or lower ground levels over the sewer and they will not accept any
inspection chambers on the sewer to be built over. A proposal by
the developer to alter/divert a public sewer will be subject to
Yorkshire Water's requirements and formal procedure in accordance
with Section 185 Water Industry Act 1991.
3
In respect of conditions 4, 16 and 31, and notwithstanding any
valid planning permission for works to amend the existing highway,
there must be no works in the existing highway until an Agreement
under Section 278 of the Highways Act 1980 has been entered
into between the Developer and North Yorkshire Council as the
Local Highway Authority. To carry out works within the highway
without a formal Agreement in place is an offence
4
In respect of conditions 5 and 6, 0.12 biodiversity habitats are to
be provided.
5
In respect of condition 21 Yorkshire Water promote the surface
water disposal hierarchy and the developer must provide evidence to
demonstrate that surface water disposal via infiltration is not
reasonably practical before considering disposal to public sewer.
Upon receipt of satisfactory evidence to confirm the reasons for
rejection of other methods of surface water disposal, curtilage
surface water may discharge to public sewer. Surface water
discharges to the public sewer must have a minimum of 30% reduction
based on the existing peak discharge rate during a 1 in 1 year
storm event. The developer will be required to provide evidence of
existing positive drainage to a public sewer from the site to the
satisfaction of Yorkshire Water and the Local Planning Authority by
means of physical investigation. On-site attenuation, taking into
account climate change, will be required before any discharge to
the public sewer network is permitted.
Voting record –
A vote was taken and the motion was declared
carried with 4 in favour and 2 against.
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