North Yorkshire Council

 

Community Development Services

 

Richmond (Yorks) Area Constituency Planning Committee

 

12th October 2023

 

22/00583/FULL - Full planning permission for the creation of 5 new dwellings and access on agricultural land

at Land Adjacent to Runnymede, Leyburn

for Mr Ford

 

Report of the Assistant Director Planning – Community Development Services

 

1.0      PURPOSE OF THE REPORT

 

1.1     To determine a planning application for full planning permission for the creation of 5 new dwellings and access on agricultural land on land adjacent To Runnymede, Leyburn, North Yorkshire.

 

1.2     The application is brought to the Area Planning Committee as the Ward Member has called this in to go to planning committee. Cllr Sedgwick raised concern in respect of car parking issues elsewhere that might be exacerbated by the proposed dwellings; together with the potential for a “rat run” into the town. Cllr Sedgwick also raised concern about surface water flooding as there was a flood in 2019 and general upset to existing residents.

 

2.0       EXECUTIVE SUMMARY

 

RECOMMENDATION: That planning permission be GRANTED subject to conditions listed below.

 

2.1         The proposed development is for five dwellings comprising a detached dwelling, two linked detached dwellings and two semi-detached dwellings. The proposal also includes a new access onto Coverdale Close.

 

2.2         The site comprises a small field to the north of an existing dwelling called Runneymede. To the north of the site is a residential estate comprising Coverdale Close, to the west is a cricket field and to the east is a working farm.

 

2.3         The site is located within the Leyburn settlement boundary and is considered to be an infill site between existing residential properties located to the north and south of the site. The principle of development is considered acceptable and accords with Policy CP4 of the Councils Core Strategy Local Plan.

 

2.4         The other key issues are highway and parking, the layout of the development and drainage issues.

 

2.5         There are no objections from statutory consultees and the neighbour’s objections have been considered in the main body of the report. Having regard to the overall planning balance the development is considered sustainable and approval is recommended subject to conditions.

 

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3.0       PRELIMINARY MATTERS

 

3.1         Access to the case file on Public Access can be found here:- Online documents  

 

4.0       SITE AND SURROUNDINGS

 

4.1         The site comprises an area of agricultural land of approximately 0.2 ha in size close to the eastern edge of Leyburn. The proposed access would be taken from the end of Coverdale Close which consists of a small housing estate located to the north of the site. To the west of the site is a cricket pitch, to the south is the property Runnymede with a residential estate further south served from Bishopdale Close and to the east is a working farm.   

 

4.2         The site is located on the edge of Leyburn and is approximately 1.5 km in a straight line to the north east of the centre with access to local services and facilities.

 

5.0       DESCRIPTION OF PROPOSAL

 

5.1         This application seeks full planning permission for five dwellings with an access linking up with Coverdale Close. The proposal comprises one detached dwelling, two linked detached dwellings and a pair of semi-detached dwellings.

 

5.2         The detached dwelling is to be located adjacent to the existing property Runnymede (plot 1) and the other dwellings (plots 2-5) are to be positioned in a line running from north to south. Each dwelling will be two storeys in height, plots 2-5 will have a rear outlook to the cricket field to the west and front onto the access road. Plot 1 will be positioned ‘side on’ to the access road with principal views north and south.      

 

6.0       PLANNING POLICY AND GUIDANCE

 

6.1         Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that all planning authorities must determine each application under the Planning Acts in accordance with Development Plan so far as material to the application unless material considerations indicate otherwise.

 

Adopted Development Plan

6.2         The Adopted Development Plan for this site is:

-         Richmondshire Local Plan 2012-2028 Core Strategy, adopted 2014

-        Saved Local Plan Policy 23 of the Richmondshire Local Plan 1999-2006

-        The Minerals & Waste Joint Plan 2015 – 2030 adopted 2022

 

            Emerging Development Plan – Material Consideration

6.3         The Emerging Development Plan for this site is listed below. It is considered of negligible weight due to progress of the Local Plan ceasing with the intention to work towards a North Yorkshire Local Plan from 1st April 2023.

 

- Richmondshire Local Plan Issues and Options 2021

            Guidance - Material Considerations

6.4         Relevant guidance for this application is:

            -           National Planning Policy Framework 2021

            -           National Planning Practice Guidance

            -           National Design Guide 2021

 

7.0       CONSULTATION RESPONSES

 

7.1         The following consultation responses have been received and have been summarised below.

 

7.2         Parish Council:The Council discussed concerns raised by residents and expect the planners to take these concerns into consideration. The Council agreed that additional traffic navigating through the parked vehicles on Dale Grove may pose highway safety issue, highways access reports should be carried out to take this into consideration.  The Council would like to see more affordable housing as the North Yorkshire Strategic Housing Market Assessment (NYSHMA, 2011) confirms the ongoing affordable housing issue.

 

7.3         Ward Member:Councillor Sedgwick has called the application in for it to go to the planning committee. 

 

7.4         Highway Authority: No objections subject to conditions relating to Detailed Plans of Road and Footway Layout, Detailed Plans of Road and Footway Layouts, Construction of Adoptable Roads and Footways, Parking for Dwellings, Garage Conversion to Habitable Room and Construction Phase Management Plan.

 

7.5         Environmental Health: I have considered the potential impact on amenity and the likelihood of the development to cause or be affected by a nuisance and consider there will be low to moderate impact as the proposed development is adjacent to Maythorne Farm, a working farm. I have no objections to the development which is for 5 no. domestic dwellings set amongst other similar properties subject to conditions. The changes to the planning application do not have a potential impact on amenity or the likelihood that the proposed development will cause a nuisance to neighbouring properties. Therefore, Environmental Health have no further comments to make.

 

7.6         Yorkshire Water: No objections subject to conditions.

 

7.7         Ecology:  Thank you for your consultation on the above application which is accompanied by an Ecological Impact Assessment (EcIA). I can confirm that I am satisfied with the content and conclusions of the EcIA. The habitats present on site are of local ecological value and impacts upon the habitats are capable of being mitigated. This parcel of land has been recently disturbed and may have been reseeded/restored as part of an earlier development – see attached aerial photo from June 2018 when it appears that the site which is the subject of this application was being used as a contractors compound. I am supportive of the recommendations for the inclusion of native species within the landscape scheme and also incorporation of bat and bird nest boxes onto the housing units. A landscape and biodiversity plan can be secured via a condition which requires submission of a plan showing the location and type of native planting and the location and type of bat and bird roost/nest units to be included.

 

Local Representations

7.8         14 local representations have been received of which 0 and in support and 14 are objecting. A summary of the comments is provided below, however, please see website for full comments.

 

7.9         Objections:

•      Parking and access are already an issue and more traffic will be less safe in the area.

•      Proposed development will join two estates together.

•      Increased traffic during construction

•      Environmental Impact with removal of the field

•      No guarantee drainage will cope and may lead to flooding in neighbours gardens 

•      No additional affordable housing.

•      Overlooking into rear gardens

•      Site is too small for five dwellings

•      Noise and smell from the farm in close proximity to the site

•      Housing does not align with housing need as set out in Leyburn 

•      Current access to Coverdale Close for delivery vehicles, waste/refuse lorries and emergency vehicles is restricted already due to the large number of vehicles parked on the road (and footpaths) particularly on the upper and lower part of Dale Grove (which is a narrow piece of road with, on occasion, poor parking). This situation would be made much worse by the increase of vehicles using the access to the proposed development, and then on completion, residents and visitors travelling to and from the development.

•      Risk of flooding. The area is often water-logged in the winter and the risk of flooding at this time will increase as a result of additional hard landscaping associated with the building of the houses and their surroundings.

•      Environmental issues. Another housing development which would in effect link the houses on Coverdale Close and Bishopdale Close would destroy the remaining green space between the two areas and further restrict the establishment of the trees planted at the side of the link road.

•      The proposal shows that this privacy would be invaded by being overlooked from upstairs plots 2, 3, 4 and 5.

 

8.0       ENVIRONMENT IMPACT ASSESSMENT (EIA)

 

8.1         The development proposed does not fall within Schedule 1 or 2 of the Environmental Impact Assessment Regulations 2017 (as amended). No Environment Statement is therefore required.

 

9.0       MAIN ISSUES

 

9.1         The key considerations in the assessment of this application are:

-           Principle of development

-           Highway, Access and Parking

-           Proposed site layout and design.

-           Impact on neighbouring residential amenity

-           Affordable Housing  

-           Noise and Odour issues

-           Flooding and Drainage

-           Ecology

 

10.0    ASSESSMENT

 

Principle of Development

 

10.1      The Lower Wensleydale Spatial Strategy (LWSS) defines its main settlements as Leyburn and Middleham, which provide a central focus for several smaller villages. Leyburn is identified as a Local Service Centre. The LWSS further states that within Leyburn there is limited scope for new housing and employment, but where opportunities do exist, these should remain the priority and focus for new development as they are most sustainable. Spatial Principle SP4 identifies the Scale and Distribution of Housing Development. The policy states that the scale and location of further housing and employment development in the town will reflect its role in the sub area and the preference for new development is on existing vacant and previously developed sites in the built-up area.

 

10.2      Sufficient planning permissions have been granted within and adjacent to Leyburn to meet the minimum housing target set out by Policy SP4. In these cases, further housing development should be considered on their merits.

 

10.3      The site is located within the settlement boundary of Leyburn as defined by the Local Plan policy map. The farm track located to the east of the site and the farm buildings forms the settlement limit. The proposals map also shows that the site forms part of  former allocation which included the dwellings served by Coverdale Close (Policy 31). However, Policy 31 refers to the previous local plan and as a result this policy has been superseded.

 

10.4      The application site is located within the settlement boundary and represents an infill site between existing residential properties to the north and south of the site. It is considered the merits of sustainably located new houses at an infill site make the application acceptable in principal and complies with Policies SP4 and CP4 of the Councils Core Strategy Local Plan.

 

Highways, Access and Parking

 

10.5      The applicant has submitted a revised location plan with an amended redline. This was uploaded to the Council’s website on the 29th March 2023 and re-consultations sent the same day. This extends the redline eastwards to encompass the development area. Even with this redline increase, the redline does not connect to an adopted highway as advised by the NYC Highways Officer. It is understood there is a “ransom” strip owned by a third party and an agreement will need to be reached to enable access for the proposed development to Coverdale Close. This is acceptable, subject to a Grampion condition (i.e. no development whatsoever shall commence until…) requiring an access strategy and plans to be submitted prior to commencement. There is a risk that this condition may not be achievable, in which case, the development cannot proceed and would lapse. However, it is considered there is a reasonable chance that an agreement can reached between the applicant ad third part land owner to the north.  

 

10.6      It is proposed that the existing footpath acts as an emergency link road that connects Coverdale Close with Bishopdale Close. The latest plan does not show a continued vehicular access through and the existing bollards would be repositioned further along the emergency access so a direct link for non-emergency won’t physically be possible. The proposal would therefore not link the two residential estates and would not create a ‘rat run’ between the estates.

 

10.7      The Council has received objections on the grounds that parking and access is already an issue in the locality. Although the proposal would create additional traffic movements through the local road network from the additional five dwellings, the increase is not significant and would not lead to severe impact upon highway safety. Furthermore, the highway authority raises no objections to the proposal.  The proposal provides at least two parking spaces for each dwelling and the majority of the dwellings also have garages. The use of the garages can be secured by removing permitted development rights for them to be converted into habitable space.  

 

10.8      A further objection has been raised in respect of increased traffic during the construction of the dwellings. This type of traffic can be disruptive to neighbouring properties, however the construction process for five dwellings would be relatively short and therefore the disruption would be limited. The highway authority has suggested a condition requiring a Construction Phase Management Plan, which will mitigate against the disruption.  The proposal would therefore not cause significant adverse impact on highway safety and accords with the relevant part of Policy CP4 of the Council’s Local Plan Core Strategy.

 

Proposed Site Layout and Design

 

10.9      The proposed site layout is for five dwellings. Four of the dwellings are positioned in a line running from north to south. The northern most dwellings (plots 4 & 5) are a pair of two bedroom semi-detached properties. Further south the proposal includes two 3 bedroom linked detached dwellings and alongside Runneymede close to the southern boundary is a four bedroom detached dwelling.

 

10.10   The proposal for five dwellings on a site area of 2000 square metres would provide on average a plot size of 400 square metres which is not considered to represent an overdevelopment of the site. The layout of the site broadly has a linear form, which replicates the linear form of development on Coverdale Close. The proposal would therefore be in keeping with the area and not impact adversely on the character of the settlement.

 

10.11   The proposed design of the dwellings would consist of cottage style properties. They would be constructed in new quarried course stone with interlocking tiles and flush casement windows. The dwellings would consist of a simple pitched roof design with pitched roof porches. The proposed dwellings would be visually attractive and respect the local context. The proposal would therefore comply with Policy CP13 of the Councils Core Strategy Local Plan which promotes high quality design.

 

Impact on neighbouring residential amenity

 

10.12   The proposed dwellings will in the main face east and west. Plots 2-5 will have a rear outlook over the cricket ground located to the west of the site.  Objections have been received that the neighbouring residents will have their privacy invaded by being overlooked from the upstairs windows of plots 2, 3, 4 and 5. However, only plot 5 which is the northern most dwelling will be adjacent to the neighbouring properties on Coverdale Close. The main outlook from the first floor window, which serves bedroom two would be over the rear garden and the cricket ground to the west. The future occupier of plot 5 would have a view into the neighbours garden however, this would be an oblique view and would be limited in that plot 5 would be located further back than the neighbouring property to the north. The potential overlooking would therefore be limited to a potential view to the rear of the neighbour’s garden and would be no different to views achieved by the existing dwellings to the north of the site.

 

10.13   With regard to the property Runneymede, which is located to the south and west of the site, plot 2 will be positioned directly to the north of Runneymede. The distance between the rear of Runnymede and the blank side gable of plot 2 would be approximately 12 metres, which is considered to be a sufficient separation distance so that the dwelling on plot 2 would not have an overbearing impact on the neighbouring property. Plot 1 would be located adjacent to Runnymede and would have a similar outlook to the neighbouring property. Therefore plot 1 would not create any overlooking or any overbearing impact on the neighbouring property. Overall, the proposal would not cause a significant adverse impact on amenity and the proposal accords with the relevant part of Policy CP4 of the Councils Core Strategy Local Plan.

 

Affordable Housing

 

10.14   The Council have received an objection that the proposal does not provide any additional affordable housing. The proposal is for five market housing. The Council recently received an appeal decision where the inspector determined that an affordable housing contribution for a minor residential development was not required to make it acceptable. The Inspector gave significant weight to Paragraph 64 of the Planning Framework which stipulates that affordable housing should not be sought for residential developments that are not major developments, other than in designated rural areas (where policies may set out a lower threshold of 5 units or fewer)”. On the basis of the appeal decision the Council took a decision to cease requiring affordable housing contributions for development of 9 units or less and/or where the site area is less than 0.5ha. The site area is below 0.5ha and the development is less than 9 units. Accordingly, the proposal does not need to provide any affordable housing.

 

Noise and Odour issues

 

10.15   The site is located in close proximity to a working farm, which is situated to the east. The applicant has submitted a noise and odour assessment to accompany the application. The noise assessment was based on a previous approval for an extension to the existing farm and the report concluded that the noisy activities of the farm would no longer take place and the neighbouring residents will experience a reduction in the sound levels. With regard to the odour assessment, it was concluded no adverse odours were experienced within the site curtilage and no odours were discernible at the site boundary. The Environment Health officer considered that the potential impact from the nearby farm on amenity and the likelihood of the development to cause or be affected by a nuisance would be low to moderate impact. The proposal would therefore not be harmful to amenity by reason of noise or odour and accordingly the proposal complies with the relevant part of Policy CP4 of the Councils Core Strategy Local Plan.

 

Flooding and Drainage

 

10.16   The Council have received objections on the grounds the proposal may lead to flooding in neighbours gardens and the area is often water-logged in the winter and the risk of flooding at this time will increase as a result of additional hard landscaping associated with the building of the houses and their surroundings. The site is not located is Flood Risk Zone 1, which has the lowest risk of flooding from rivers or seas. However, the site is partially at low risk of surface water flooding. Dwellings are considered a ‘more vulnerable’ land use and these are considered acceptable in flood zone 2. Whilst the site is not technically in flood zone 2 which relates to rivers, it has the equivalent risk from surface water.

 

10.17   The applicant has submitted a drainage strategy which shows the foul drainage will connect to a water sewer in the south east part of the site. Surface water is proposed to be collected in an underground storage area close to plot 3. This would then be discharge at a rate of 1 litre per second, which is designed to accommodate the 1 in 100 year rainfall event with a 40% allowance for climate change and urban creep. This will ensure that is no increase risk of flooding off site. However, given the sensitivity of flooding in the area, the LLFA have been consulted and their response reported in the supplementary agenda.

 

10.18   No objections have been received from Yorkshire Water and therefore the proposed drainage strategy is considered acceptable.

 

Ecology

 

10.19   The applicant has submitted an Ecological Impact Assessment (EcIA). The report concluded that the site consists of an unmanaged poor semi-improved grassland field with patches of tall ruderal vegetation to the eastern boundary. A short stretch of hawthorn-dominated species-rich hedge borders the south western edges of the site and timber and metal palisade fencing bounds the rest. Overall, the site is considered of up to low value for the habitats it supports, with the hedge of up to local value.

 

10.20   The report further concludes that the site is up to local value for hedgehog and common amphibians and low value for birds and foraging bats, with other protected and priority species likely to be absent. The consultant has suggested landscape planting to enhance structural diversity and should include plants bearing flowers, nectar and fruits which are attractive to invertebrates, thereby helping to maintain food resources for wildlife in general. Further mitigation measures should include the planting of native trees and the provision of two integrated bird nesting opportunities suitable for species such as swift, house sparrow, starling, house martin and/or swallow and two bat roosting features in the new buildings on site.

 

10.21   The Councils Ecologist has confirmed that they are satisfied with the content and conclusions of the EcIA. The habitats present on site are of local ecological value and impacts upon the habitats are capable of being mitigated. They consider that the site has been recently disturbed and may have been reseeded/restored as part of an earlier development. Furthermore, they are supportive of the recommendations and a landscape and biodiversity plan can be secured via a condition which requires submission of a plan showing the location and type of native planting and the location and type of bat and bird roost/nest units to be included.

 

Section 149 of The Equality Act 2010

 

10.22   Under Section 149 of The Equality Act 2010 Local Planning Authorities must have due regard to the following when making decisions: (i) eliminating discrimination, harassment and victimisation; (ii) advancing equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and (iii) fostering good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics are: age (normally young or older people), disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation. No negative impacts in this respect has been identified.

 

11.0    PLANNING BALANCE AND CONCLUSION

 

11.1      The site is located within the Leyburn settlement boundary and is considered to be an infill site between existing residential properties located to the north and south of the site. Applications for dwellings should be considered on their merits where the minimum target has been reached such as for Leyburn. It is considered that the merits of providing market housing in a sustainable location make the application acceptable in principle and accord with Policies SP4 and CP4.

 

11.2      The other key issues are highway and parking, the layout of the development and drainage issues, which have been assessed, and are considered not to create any harm.

 

11.3      Having regard to the overall planning balance the development is considered sustainable and approval is recommended subject to conditions.

 

12.0    RECOMMENDATION

 

12.1      That planning permission be GRANTED subject to conditions listed below.

 

            Conditions:

 

            Condition 1 - Time Limit

            The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission.

 

            Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended)

 

            Condition 2 - Approved Plans

            The development hereby permitted shall be carried out precisely in accordance with the approved drawings and particulars as set out below, together with any conditions attached to this approval which may require any variation thereof:

 

a)    application form and certificates

b)    Location plan revision 2

c)    Proposed site layout plan

d)    Plot 1 Plans and elevations

e)    Plots 2 & 3 plans and elevations

f)     Plots 4 & 5 plans and elevations

g)    Ecological Impact Assessment dated 26th July 2023 by E3 Ecology Ltd  

h)    Drainage Strategy DR-C-0100 Rev P1

i)     Surface Water Drainage Maintenance and Management Schedule

 

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

            Pre-Commencement

 

            Condition 3 - Access Strategy & Plans (discharge required)

            No development whatsoever shall take place until an Access Strategy and Plans have been submitted to and approved in writing by the Local Planning Authority. The Access Strategy and Plans relate to the land between the application site and adopted highways to the north and shall include:

 

-        Detailed road/access plans to connect the application site to the adopted highway

-        Evidence of an agreement with access land landowner(s) for: (a) construction works and future residents and visitors access in perpetuity; and (b) construction works to deliver the detailed road plans.

-        Details of when the road works shown on the Detailed road/access plans shall take place and any phasing.

-        Timing of when the agreement and access rights take effect.

-        Details of Maintenance Responsibilities for the Access Land.

           

            The development will there afterwards and in perpetuity take place in complete accordance with the approved Access Strategy and Plans.

 

            Reason: To ensure that access can be delivered for the development and to prevent abortive works with associated soil and residential amenity disturbance in the event access cannot be secured.

 

Condition 4 - Construction Management Plan (discharge required)

No development whatsoever shall commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Construction of the permitted development must be undertaken in accordance with the approved plan. The Plan must include, but not be limited, to arrangements for the following in respect of each phase of the works.

 

1.    The provision of wheel washing facilities on site to ensure that mud and debris is not spread onto the adjacent public highway by vehicles exiting the site.

2.    An area for the parking of all contractors, site operatives and visitors vehicles clear of the Public Highway.

3.    An area for the storage of all plant and materials used in constructing the development clear of the Public Highway.

4.    Measures to manage the delivery of materials and plant to the site including the location of loading and unloading areas.

 

Reason: In the interest of public safety and amenity.

 

Condition 5 - Contamination Investigation & Remediation (discharge required)

No development whatsoever shall take place until a Contamination Investigation Report has been submitted to and approved in writing by the Local Planning Authority. This Report shall recommend whether any remediation is required and if yes, include a Remediation and Verification Strategy.

 

Whether Remediation is required, the constructions works shall take place in complete accordance with the approved Remediation and Verification Strategy and no occupation shall take place until a Verification Report has been submitted to and approved in writing with the Local Planning Authority.

 

Any and all remediation works shall adhere to the following guidance: CLR11 (Environment Agency/DEFRA, 2004); BS10175 (British Standards Institution, 2011); C665 (CIRIA, 2007).

 

Reason: Details are required prior to commencement to protect human health from contamination present at the application site having regard to paragraphs 120, 174, 183 and 184 of the National Planning Policy Framework 2021 and Policy CP3 of the Richmondshire Local Plan 2012-2028 Core Strategy adopted 2014. This condition is necessary to ensure no likely significant environmental impact having regard to the Environmental Impact Assessment Regulation 2017 as updated.

 

            Condition 6 - Details of Roads (discharge required)

            Except for investigative works, no excavation or other groundworks or the depositing of material on site in connection with the construction of the development hereby approved, shall take place until full detailed engineering drawings of all aspects of roads and sewers for that phase, including road lighting 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 shall be carried out in full compliance with the approved details including delivery programme.

 

Reason: 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.

 

            Pre-Occupation/ During Construction Works

 

Condition 7 - Construction Works Hours

Noisy construction and ground works audible outside the site boundary shall only take place between the hours of 08:00 to 18:00 Monday to Friday, 08:00 to 13:00 Saturdays and at no time on Sundays and Bank Holidays.

 

Reason: In order to protect neighbouring residential amenity 

 

Condition 8 - Landscaping and Biodiversity

Prior to erection of any external walls hereby approved a landscape and biodiversity plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include the location and type of native planting and the location and type of bat and bird roost/nest units to be. The approved details shall be delivered prior to first occupation unless and alternative timetable is first approved in writing with the Local Planning Authority which make take into account optimal planting seasons.

 

Reason: To improve biodiversity.

 

           Condition 9 - Roads Delivery

            No part of the development shall be brought into use until the road/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. 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.

 

Reason: 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.

 

Condition 10 - Parking Delivery

No dwelling shall be occupied until it’s parking facilities have been constructed in accordance with the approved plans including Site Layout Plan and details approved under other conditions. Once created these areas must be maintained clear of any obstruction and retained for their intended purpose at all times.

 

Reason: To provide for adequate and satisfactory provision of off-street accommodation for vehicles in the interest of safety and the general amenity of the development.

 

Condition 11 - Boundary Treatments

 No dwelling shall be occupied until the boundary treatments to which it adjoins has been erected.

 

Reason: For the new dwellings residential amenity.

 

Condition 12 - Drainage Outfall

Prior to first occupation of the development hereby approved the drainage strategy as detailed in Drainage Strategy DR-C-0100 Rev P1 shall be constructed in full and in working condition, with a maximum discharge rate 1 litre per second. Thereafter the drainage systems shall be retained and maintained in accordance with the Surface Water Drainage Maintenance and Management Schedule in perpetuity.

 

Reason: To ensure that the site is properly drained and in order to prevent overloading, surface water is not discharged to the public sewer network.

 

            Post Occupation/ in perpetuity

 

Condition 13 - Garages Conversion Restriction

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or any subsequent Order or re-enactment, the garages shall not be converted into domestic accommodation without the planning permission granted by the Local Planning Authority.

 

Reason: In order to ensure the retention of adequate and satisfactory provision of off-street accommodation for vehicles generated by occupiers of the dwelling and visitors to it in the interest of safety and the general amenity of the development.

 

Target Determination Date: 28th October 2022

 

Case Officer:Nick Howard  Nick.Howard@northyorks.gov.uk