North Yorkshire Council
Community Development Services
Thirsk and Malton Constituency Area Planning Committee
18 APRIL 2024
23/00348/MFUL - Application for the erection of 13no. dwellings comprising 7no. three bedroom dwellings, 2no. two bedroom dwellings and 4no. four bedroom dwellings with associated infrastructure, garaging, parking and landscaping on land off Aspen Way, Slingsby, Malton on behalf of W & W Estates
Report of the Assistant Director Planning – Community Development Services
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1.0 Purpose of the Report 1.1 To determine a planning application for the erection of 13no. dwellings comprising 7no. three bedroom dwellings, 2no. two bedroom dwellings and 4no. four bedroom dwellings with associated infrastructure, garaging, parking and landscaping on land off Aspen Way, Slingsby Malton. |
2.0 Background
2.1 The application is reported to the Area Planning Committee for determination because it is considered that significant planning issues have been raised.
2.2 The application was reported to the Area Planning Committee meeting held on 21 March 2024 where the item was deferred at the request of Members to allow further consideration of the proposed accesses serving the application site.
2.3 The substantive report published for the Area Planning Committee meeting held on 21 March 2024 is appended to this update report (Appendix A).
3.0 Reasons for deferral
3.1 In deferring the application Members requested that consideration is given to the following:-
· whether the temporary construction traffic access to and from the B1257 could be an alternative option for residential traffic accessing the application site.
· whether the applicant for the adjacent residential development site (Castle Howard Estates Ltd) would be agreeable to an additional clause within the Section 106 agreement associated with ZE23/05729/MFUL to secure the provision of an unfettered/un-ransomed road connection to the 23/00348/MFUL site boundary prior to the occupation of any dwellings on their development site.
4.0 Further considerations and discussion
Residential access direct from the B1257
4.1 The application does not propose the use of the B1257 for residential traffic and in light of this no formal consultation on any specific detail has been completed. Nevertheless the prospect of the B1257 being used as an vehicular access for residents was put to the Local Highway Authority for consideration.
4.2 The Council’s Highways Officer has stated the following in response:-
“The rationale behind the access direct off the B1257 via the existing field access (being widened and up-graded as appropriate) is to ensure construction traffic can have a separate access to and from the site that avoids, so far as reasonably practicable, the need to gain access through Aspen Way.
I would have concerns whereby there would be a mix of construction and residential traffic sharing the access off the B1257, and what would be a privately-maintained link beyond, which could potentially go either through, or adjacent to, a working site compound involving moving site traffic and materials delivery and transportation being undertaken, with potentially no bound surfacing, drainage or means of lighting. Furthermore, there would be a need to provide this access route outside of site working hours and to be available for potential pedestrian activity through a building site zone and onto a road that does not have any specific provision for dedicated pedestrian access, albeit subject to a lower temporary speed limit applied during the build phase.
The suggested arrangements, even in the context of being of a temporary nature, are not considered to be in the interests of site and third party safety and would create an unsatisfactory access arrangement in that respect”.
4.3 The Council’s Highways Officer has also reiterated that there is no highway objection to a direct link into Aspen Way (between numbers 12 & 14 Aspen Way) from the application site to be used for residential access purposes, subject to the internal layout as submitted being put in place (e.g. provision of a dedicated, separate footway, vehicle turning area, and link up to the western boundary, along with the on-plot vehicle parking provision etc.).
4.4 In light of the above there is no change to the conditions recommended by the Local Highway Authority as set out in their response dated 14 March 2024.
Castle Howard Section 106 agreement- additional clause to provide unfettered access
4.5 Members sought clarification on whether the construction programme for the Castle Howard development site would allow for an unfettered road connection to be formed up to the site boundary prior to the occupation of any dwellings within the Castle Howard development site thus removing the need for the proposed alternative access between numbers 12 and 14 Aspen Way.
4.6 The LPA and the applicant for the development the subject of this report contacted Castle Howard Estates Ltd to ask whether they were willing to include a clause in the legal agreement to deliver an unfettered access connection up to the boundary with the eastern site prior to the occupation of any dwellings within the Castle Howard development site.
4.7 Castle Howard Estates Ltd have responded in writing to decline the request. They have stated that there are a number of reasons for this, including the concern from the community in relation to the application before committee.
4.8 As Members are aware the two sites are in separate ownership and with the above in mind it is anticipated that private rights of access across the land would remain until adoption of the roadways by the Local Highway Authority. The permissions for each site are to be conditioned to ensure the creation of the road link connection to adoptable standards. Officers consider that the conditions are sufficient to secure the delivery of the road link for the adjoining residential developments without a Section 106 obligation.
5.0 Relevant highways conditions
5.1 The full schedule of recommended conditions is provided in Section 7 of this update report but it is considered prudent to provide additional commentary on the matters the subject of key highways related conditions as set out below:-
5.2 Condition 3 requires the submission and approval of a construction phasing plan prior to the commencement of development.
5.3 Condition 4 will provide control to ensure that the road link to the western boundary of the application site (as shown on the Proposed Site Layout Plan) is formed within 3 months of the formation of the corresponding link from the Castle Howard site.
5.4 Condition 5 will provide control to ensure that a scheme for the closure/downgrading of the vehicular access between numbers 12 and 14 Aspen Way is submitted for approval to the LPA within 1 month of the formation of the road link from the Castle Howard site. The condition requires the completion of the closure/downgrading works within 3 months of receipt of written approval from the LPA.
5.5 Condition 7 will provide control to ensure that roads and footways are constructed to adoptable standards prior to the development being brought into use and that a programme for the phasing of all road works is submitted and approved in writing by the LPA.
5.6 Condition 8 will provide control to ensure that the construction access off the B1257 is permanently closed off in accordance with a scheme first approved by the LPA prior to dwellings in plots 12 & 13 being brought into use.
5.7 Condition 12 (1 & 2) will provide control to ensure that all construction traffic into and out of the application site will be via the enlarged and upgraded field access direct off the B1257 (with a temporary lower speed limit in the vicinity of the access), up to when plots 12 & 13 (& parking areas) are to be constructed at which point the remaining construction traffic could access the site via the new entrance between 12 and 14 Aspen Way unless the link via the Castle Howard site has become available for that same purpose.
6.0 Summary and conclusions
6.1 The matters raised by Members have been explored, however, the Local Highway Authority is not supportive of the use of the B1257 for residential access and Castle Howard Estates Ltd are unwilling to accept an additional clause within their S106 agreement to provide unfettered access through their site prior to the occupation of any dwellings.
6.2 There are no objections to the application from the Local Highway Authority. The proposed highway arrangements are considered to be acceptable and, subject to the recommended conditions being imposed, would not result in an adverse impact on highway safety or capacity in compliance with the NPPF (2023) and Policy SP20 of the Ryedale Plan- Local Plan Strategy (2013).
6.3 In light of this the Officer recommendation and proposed conditions as set out in the earlier report and late pages from the 21 March 2024 meeting are unchanged.
7.0 RECOMMENDATION
7.1 That planning permission be GRANTED subject to the conditions listed below and completion of a Section 106 legal agreement with regard to affordable housing, commuted sum and Public Open Space.
Recommended conditions:
Commencement time limit
1 The development hereby permitted shall be begun within three years of the date of this permission.
Reason: To ensure compliance with Section 51 of the Planning and Compulsory Purchase Act 2004
Approved plans
2 The development hereby permitted shall be carried out in accordance with the following approved plans:
Location plan ref. 1774/1
Proposed Site Layout Plan ref. 1774/2D
Proposed street elevation ref.1774/3B
Proposed plot 1 house type ref.1774/4
Proposed plot 2 house type ref.1774/5
Proposed plot 3 house type ref.1774/6
Proposed plot 4 house type ref.1774/7
Proposed plot 5 house type ref.1774/8
Proposed plot 6 house type ref.1774/9
Proposed plot 7 house type ref.1774/10
Proposed plot 8 house type ref.1774/18
Proposed plot 9 house type ref.1774/11B
Proposed plot 10 affordable house types ref.1774/12
Proposed plot 11 affordable house types ref.1774/13
Proposed plots 12 & 13 affordable house types ref.1774/14A
Proposed garage plans (plots 2/3 & 7/8) ref. 1774/15
Proposed garage plans (plots 5 & 9) ref. 1774/16
Reason: For the avoidance of doubt and in the interests of proper planning.
Phasing
3 No development shall commence until a detailed construction phasing plan has been submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure a satisfactory progression of construction works in compliance with Policy SP20.
Access road
4 No later than 3 months from the date of the formation of the adoptable vehicular access link within the development site to the west (‘the Castle Howard site’) the corresponding and connecting vehicular access link to the western boundary of the application site as shown on approved drawing ref. 1774/2D shall be made up and surfaced in accordance with approved details and highways specification.
Reason: In the interests of providing unfettered access between the two fields/sites to comply with Policies SP16 and SP20 of the Ryedale Plan- Local Plan Strategy (2013) and Policy SD11 of the Ryedale Plan- Local Plan Sites Document (2019).
Closure/downgrading of Aspen Way access (between numbers 12 & 14 Aspen Way)
5 No later than 1 month from the date of the formation of the adoptable vehicular access link within the development site to the west (‘the Castle Howard site’) the applicant/developer shall submit a detailed scheme for the closure/downgrading of the Aspen Way vehicular access (between numbers 12 & 14 Aspen Way) as shown on approved drawing ref.1774/2D for written approval by the Local Planning Authority. The works for the closure/downgrading of the access shall be completed in accordance with the approved details and within 3 months of receipt of written approval of the scheme.
Reason: In the interests of highway safety and the amenity and convenience of all highway users in compliance with Policy SP20.
Detailed Plans of Road and Footway Layout
6 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.
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 in compliance with Policy SP20.
Construction of Adoptable Roads and Footways
7 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.
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 in compliance with Policy SP20.
Closing of Existing Access (B1257) at Land at Aspen Way Slingsby
8 The development of plots 12 & 13 as shown on approved drawing ref. 1774/2D must not be brought into use until the existing access onto the B1257 Malton Road has been permanently closed off in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority.
Reason: In the interests of highway safety and the amenity of the area in compliance with Policy SP20.
Pedestrian Visibility Splays at Land at Aspen Way Slingsby
9 There must be no access or egress by any vehicles between the highway and the application site at Land at Aspen Way Slingsby until visibility splays providing clear visibility of 2.0 metres x 2.0 metres measured down each side of the access and the back edge of the footway of the major road have been provided. 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.
Reason: In the interests of highway safety in compliance with Policy SP20.
Parking for Dwellings
10 No dwelling must be occupied until the related parking facilities have been constructed in accordance with the details approved in writing by the Local Planning Authority. 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 in compliance with Policy SP20.
Garage Conversion to Habitable Room Plots 1, 2, 3, 5, 7, 8 & 9
11 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or any subsequent Order, the garage(s) shall not be converted into domestic accommodation without the granting of an appropriate planning permission.
Reason: 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 the development and in compliance with the adopted minimum parking standards for residential dwellings as given in the NYCC document Interim Parking Standards 2015 in compliance with Policy SP20.
Construction Management Plan
12 No development for any phase of the development must commence until a Construction Management Plan for that phase 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 Construction Management Plan.
The Plan must include, but not be limited, to arrangements for the following in respect of each phase of the works:
1. details of any temporary construction access to the site off the B1257 including appropriate size and specification, the making and implementation of a temporary Traffic Regulation Order for a lower local speed limit in the vicinity of the access and measures for removal following completion of construction works;
2. restriction on the use of the direct Aspen Way access for construction purposes in advance of the completion of the adoptable vehicular access link through the development site to the west as indicated on the submitted drawings unless as otherwise approved in writing by the Local Planning Authority;
3. wheel and chassis underside washing facilities on site to ensure that mud and debris is not spread onto the adjacent public highway;
4. the parking of contractors’ site operatives and visitor’s vehicles;
5. areas for storage of plant and materials used in constructing the development clear of the highway;
6. measures to manage the delivery of materials and plant to the site including routing and timing of deliveries and loading and unloading areas;
7. details of the routes to be used by HGV construction traffic and highway condition surveys on these routes;
8. protection of carriageway and footway users at all times during demolition and construction;
9. protection of contractors working adjacent to the highway;
10. details of site working hours;
11. erection and maintenance of hoardings including decorative displays, security fencing and scaffolding on/over the footway & carriageway and facilities for public viewing where appropriate;
12. 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;
13. measures to control and monitor construction noise;
14. an undertaking that there must be no burning of materials on site at any time during construction;
15. removal of materials from site including a scheme for recycling/disposing of waste resulting from demolition and construction works;
16. details of the measures to be taken for the protection of trees;
17. details of external lighting equipment;
18. details of ditches to be piped during the construction phases;
19. a detailed method statement and programme for the building works; and
20. contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.
Reason: In the interest of public safety and amenity in compliance with Policy SP20.
Site levels
13 Prior to the commencement of the development hereby approved precise details of the existing ground levels and the proposed finished ground floor levels measured in relation to a fixed datum point shall be submitted to and approved in writing by the Local Planning Authority.
Reason: In order to ensure a satisfactory external appearance and to satisfy Policy SP20.
Hours of construction
14 Any excavation or construction work associated with the development hereby approved shall be carried out only between the hours of:-
0800 -1800 hours Mondays to Fridays
0800 -1300 hours Saturdays
and at no time on Sundays and Bank (or Public) Holidays.
Reason: To protect local amenity during construction in accordance with Policy SP20.
Materials (surfaces)
15 Prior to installation details of the ground surfacing materials shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure a satisfactory external appearance in compliance with Policies SP16 and SP20.
Materials (samples)
16 Prior to the commencement of any aboveground construction work details and samples of the materials to be used on the exterior of the buildings the subject of this permission shall be submitted to and approved in writing by the Local Planning Authority. The materials shall be substantially in accordance with the details contained in Section 4.33 of the Planning, Design & Access Statement, dated March 2023.
Reason: To ensure a satisfactory external appearance and to satisfy the requirements of Policies SP16 and SP20.
Materials (panels)
17 Prior to the commencement of any aboveground construction work the developer shall construct on site for the written approval of the Local Planning Authority, a one metre square free standing panel(s) of the external walling to be used in the construction of buildings. The panel so constructed shall be retained only until the development has been completed.
Reason: To ensure a satisfactory external appearance and to satisfy the requirements of Policy SP20.
Windows and doors
18 Prior to the commencement of any aboveground construction work details of all windows, doors and garage doors, including means of opening, depth of reveal and external finish shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure an appropriate appearance and to comply with the requirements of Policy SP20.
Obscure glazing
19 The first floor window in the side (north) elevation of the dwellings in plot 1 as shown on drawing ‘Proposed plot 1 house type’ ref.1774/4) shall be permanently obscure glazed with glass of Pilkington Level 5 obscuration or equivalent. The obscure glazing shall be retained for the lifetime of the development.
Reason: In the interests of residential amenity to comply with Policy SP20.
Restriction on additional windows (plot 1)
20 Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 2015, (or any Order revoking, re-enacting or amending that Order), no first floor windows or door openings shall be formed in the side (north) elevation of the dwelling in plot 1 without the prior written consent of the Local Planning Authority following a specific application in that respect.
Reason: In the interest of residential amenity in accordance with Policies SP16 and SP20.
Lighting
21 Prior to the commencement of any aboveground construction work details of all public lighting at the site shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the position, height, angle of lighting, illuminance level and hours of operation. All lighting shall be installed and maintained in accordance with the approved details.
Reason: In the interests of visual amenity and to ensure safe access to the public open space in compliance with Policies SP16 and SP20.
Boundary treatments
22 Prior to the commencement of any aboveground construction work details of the proposed means of enclosure and boundary treatments, including a schedule of materials and details of the size and species of any hedging, shall be submitted to and approved in writing by the Local Planning Authority. The details shall provide for a replacement fence along the western side of the public open space parallel to the Balk suitable to ensure the safety of pedestrians using the public open space. The details so approved shall be implemented in full before the development is first brought into use, unless otherwise agreed in writing with the Local Planning Authority.
Reason: To ensure that the development does not prejudice the enjoyment by the neighbouring occupiers of their properties or the appearance of the locality in compliance with Policies SP16 and SP20.
Retention of existing planting
23 No trees, shrubs, or hedges within the site that are shown to be retained on the approved plans shall be felled, uprooted, wilfully damaged or destroyed, cut back in any way or removed without prior written agreement with the Local Planning Authority.
Reason: To ensure the desirable retention of all landscape elements that are considered to be of amenity value in compliance with Policies SP16 and SP20.
Retention of southern boundary hedge
24 The existing hedgerow along the southern boundary of the site that is shown on the approved Proposed Site Layout Plan ref. 1774/2D as being retained and reinforced shall be maintained at a minimum height of 1.6 metres for the lifetime of the development. Upon the completion of the construction phase and prior to the occupation of the final dwelling within the application the existing field gate in the southern boundary shall be removed and the access permanently closed off with the planting of a native hedgerow.
Reason: To ensure the desirable retention of all landscape elements that are considered to be of amenity valuein compliance with Policies SP13, SP16 and SP20.
Tree Protection
25 All works shall be carried out in accordance with the approved Arboricultural and Landscape Report dated March 2019 produced by Mark S Feather unless any variation is first agreed in writing by the Local Planning Authority. No site clearance or construction work shall commence on site in connection with the development hereby approved until the root protection areas (RPA), ground protection works and protective fencing required by the Arboricultural and Landscape Report are in place. The developer shall maintain such fences and ground protection until all development the subject of this permission is completed.
Reason: To preserve trees and hedges on the site in the interests of visual amenity and the character of the area in compliance with Policies SP13, SP16 and SP20.
Landscape scheme
26 No development of the site shall take place without the prior written approval by the Local Planning Authority of a landscape scheme for the site that indicates numbers, species, heights on planting, and positions of all trees and shrubs, specifications and schedules, phasing of planting, seeding or turfing, existing plants to be retained and showing how new landscaping relates to any underground services and existing landscape features. The scheme shall include details of the hedgerow enhancement the subject of the BNG calculations which accompany the application. Thereafter the scheme shall be implemented as approved unless the Local Planning Authority gives its written consent to any variation.
Reason: In the interests of visual amenity and to achieve a high standard of landscaping in compliance with Policies SP13, SP16 and SP20.
Commencement of planting
27 All planting, seeding or turfing set out in the details approved in Condition 26 shall be carried out in accordance with the approved phasing plan and beginning the first planting season following commencement of development or such longer period as may be agreed in writing with the Local Planning Authority. Any trees, plants or shrubs which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of the same size and species, unless the Local Planning Authority gives its written consent to any variation.
Reason: In the interests of visual amenity and to achieve a high standard of landscaping in compliance with Policies SP13, SP16 and SP20.
Preliminary Ecological Appraisal
28 All works shall be carried out in accordance with the details contained within paragraphs 8.2.5.1 to 8.2.5.3 (enhancements for bats including provision of at least 4 bat boxes); Section 8.4.5 (nesting birds and provision of at least 8 bird nesting boxes); Section 8.7.4 (precautions to reduce risks to Hedgehogs) of the Preliminary Ecological Appraisal, dated 21 October 2022 produced by Wold Ecology Ltd.
Reason: To comply with the requirements of Policy SP14.
Archaeology
29 No development shall commence until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and:
1. The programme and methodology of site investigation and recording
2. Community involvement and/or outreach proposals
3. The programme for post investigation assessment
4. Provision to be made for analysis of the site investigation and recording
5. Provision to be made for publication and dissemination of the analysis and records of the site investigation
6. Provision to be made for archive deposition of the analysis and records of the site investigation
7. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.
No development shall take place other than in accordance with the Written Scheme of Investigation approved under condition.
Reason: The site is of archaeological significance and to comply with the NPPF and Policy SP12.
30 The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 29 and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.
Reason: The site is of archaeological significance and to comply with the NPPF and Policy SP12.
Flood Risk and drainage
31 The Development shall be built in accordance with the following submitted designs;
· Plot Drainage, Shaun Tonge Engineering, Reference STE/233/01/03, Revision C, Dated 29/02/2024.
· Exceedance Plan, Shaun Tonge Engineering, Reference STE/233/01/14, Revision 1, Dated 04/01/2024.
· Drainage Management Plan, Shaun Tonge Engineering, Reference STE/233/01/18, Revision 1, Dated 20/02/2024.
· Impermeable Areas, Shaun Tonge Engineering, Reference STE/233/01/04, Revision B, Dated 20/02/2024.
· Highway Soakaway and Silt-trap Details, Shaun Tonge Engineering, Reference STE/233/01/16, Revision 1, Dated 17/01/2024.
· Domestic Soakaway Typical Detail, Shaun Tonge Engineering, Reference STE/233/01/09, Revision 1, Dated 09/02/2023.
· Plot 1&2 Calculations, Shaun Tonge Engineering, Dated 20/02/2024.
· Plot 3&4 Calculations, Shaun Tonge Engineering, Dated 20/02/2024.
· Plot 5 Calculations, Shaun Tonge Engineering, Dated 20/02/2024.
· Plot 6&7 Calculations, Shaun Tonge Engineering, Dated 20/02/2024.
· Plot 8 Calculations, Shaun Tonge Engineering, Dated 20/02/2024.
· Plot 9 Calculations, Shaun Tonge Engineering, Dated 20/02/2024.
· Plot 10&11 Calculations, Shaun Tonge Engineering, Dated 20/02/2024.
· Plot 12&13 Calculations, Shaun Tonge Engineering, Dated 20/02/2024.
· Highway Drain Calculations, Shaun Tonge Engineering, Dated 20/02/2024.
· Highway Soakaway Calculations, Shaun Tonge Engineering, Dated 20/02/2024.
· Trial Hole Location Plan, Rawcliffe Associates Ltd, Dated 26/01/2023
· Section 38 Plan, Shaun Tonge Engineering, Reference STE/233/01/15, Revision 1, Dated 17/01/2024.
· Section 104 Plan, Shaun Tonge Engineering, Reference STE/233/01/11, Revision A, Dated 17/01/2024.
· Flood Risk Assessment, ARP Associates, Reference 1180/01r1a, Revision A, Dated 24/05/2018.
· Soakaway Tests, Rawcliffe Associates Ltd, Reference Misc.W&WEstates.Dan Warrington.AprinWay.Slingsby, Dated 26/01/2023.
A 40% allowance has been included for climate change and an additional 10% allowance for urban creep for the lifetime of the development. Storage has been provided to accommodate the minimum 1 in 100 year plus climate change plus urban creep critical storm event. The scheme includes a detailed maintenance and management regime for the storage facility. Principles of sustainable urban drainage shall be employed wherever possible.
Reason: To ensure that the development is built to the submitted drainage design; to prevent the increased risk of flooding; to ensure the provision of adequate and sustainable means of drainage in the interests of amenity and in compliance with the NPPF and Policy SP17.
32 The development shall be carried out in accordance with the details shown on the approved Flood Risk Assessment (rev A)1180/01r1a prepared by ARP, dated 24/05/2018, unless otherwise agreed in writing with the Local Planning Authority.
Reason: In the interest of satisfactory and sustainable drainage in compliance with the NPPF and Policy SP17.
Removal of permitted development rights (means of enclosure)
33 Notwithstanding the provisions of Schedule 2, Part 2 the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modifications), no fences, gates, walls or other means of enclosure shall be erected within the curtilage of any dwellinghouse other than as shown on the approved plans, or as may be approved by the Local Planning Authority following specific application in that respect.
Reason: To ensure that the appearance of the area is not prejudiced by the introduction of unacceptable materials and/or structure(s) in compliance with Policies SP13, SP16 and SP20.
Removal of permitted development rights
34 Notwithstanding the provisions of Schedule 2, Part 1 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking, re-enacting or amending that Order) development of the following classes shall not be undertaken other than as may be approved in writing by the Local Planning Authority following a specific application in that respect:
Classes A & AA: Enlargement, improvement or other alteration of a dwellinghouse
Class B: Additions etc to the roof of a dwellinghouse
Class C: Other alterations to the roof of a dwellinghouse
Class D: The erection or construction of a porch outside any external door of a dwellinghouse
Class E: Buildings etc incidental to the enjoyment of a dwellinghouse
Class F: Hard surfaces incidental to the enjoyment of a dwellinghouse
Reason: To ensure that the appearance of the areas is not prejudiced by the introduction of unacceptable materials and/or structure(s) in compliance with Policies SP13, SP16 and SP20.
Electric Vehicles Charging Points
35 Prior to the commencement of any aboveground construction work a scheme for the provision of one electric vehicle charging point per house shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the EV charging points shall be installed in accordance with the approved details prior to occupation of the dwelling.
Reason: To promote sustainable transport and in accordance with the development principles for the sitein compliance with Policy SP18.
INFORMATIVES
Condition 6- Detailed Plans of Road and Footway Layouts
It is recommended that in order to avoid abortive work, discussions are held between the applicant, the Local Planning Authority and the Local Highway Authority before a draft layout is produced and any detailed planning submission is made.
To assist, the Local Highway Authority can provide a full list of information required to discharge this condition. It should be noted that approval to discharge the condition does not automatically confer approval for the purposes of entering any Agreement with the Local Highway Authority.
The agreed drawings must be approved in writing by the Local Planning Authority for the purpose of discharging this condition
Condition 9- Pedestrian Visibility Splays
An explanation of the terms used above is available from the Local Highway Authority.
Condition 12 (sub-section 1)- New and altered Private Access or Verge Crossing
Notwithstanding any valid planning permission for works to amend the existing highway, you are advised that a separate licence will be required from North Yorkshire County Council as the Local Highway Authority in order to allow any works in the existing public highway to be carried out. The ‘Specification for Housing and Industrial Estate Roads and Private Street Works’ published by North Yorkshire County Council as the Local Highway Authority, is available to download from the County Council’s web site: Road adoption | North Yorkshire Council.
The Local Highway Authority will also be pleased to provide the detailed constructional specifications referred to in this condition.
Other Permissions required from the Local Highway Authority
Applicants are reminded that in addition to securing planning permission other permissions may be required from North Yorkshire County Council as Local Highway Authority. These additional permissions can include, but are not limited to: Agreements under Sections 278, 38, and 184 of the Highways Act 1980; Section 38 of the Commons Act 2006, permissions through New Roads and Streetworks Act 1991 and Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (as amended and including all instruments, orders, plans, regulations and directions).
Further information on these matters can be obtained from the Local Highway Authority. Other permissions may also be required from third parties. It is the applicant’s responsibility to ensure all necessary permissions are in place.
Target Determination Date: 21.07.2023
Case Officer: Alan Goforth, alan.goforth@northyorks.gov.uk