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NYC
ref
/Exam
Report page ref
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Section in the
Pannal and Burn Bridge NP
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Examiner’s
Recommendation
|
Examiner’s
Reasons
|
North
Yorkshire Council’s Decision
|
|
Mod:
1
/Pg
15 bullet 1
|
Throughout
|
Update references
to the local planning authority to North Yorkshire Council
throughout the Plan
|
Given
the local planning authority is now North Yorkshire Council,
references to Harrogate Borough Council should be
updated.
|
Agree
to modify in-line with Examiner’s recommendation.
|
|
Mod:
2
/Pg
15 bullet 2
|
Throughout
|
Update references
to the NPPF as necessary throughout the Plan
|
It
may be helpful to update NPPF references.[following publication of
a new NPPF during the examination].
|
Agree
to modify in-line with Examiner’s recommendation.
|
|
Mod:
3
/Pg
15 bullet 3
|
Introduction
Page
5, para 1
|
Change the phrase
“…statutory Local Plan (The HDLP)…” to
“…statutory development
plan…”
|
In
the interests of accuracy.
|
Agree
to modify in-line with Examiner’s recommendation.
|
|
Mod:
4
/Pg
16
|
The
Neighbourhood Plan Area- Yesterday and Today
|
Insert the
following new paragraphs into the Plan:
“The
strategic planning context for the Pannal and Burn Bridge parish is
set by the Harrogate District Local Plan 2014-2035 (adopted 2020).
The local plan sets out a strategy to meet the development needs of
the district that focuses growth within the three main settlements
of Harrogate, Knaresborough and Ripon, settlements in key public
transport corridors and a new settlement.
Under
the strategy growth in individual settlements is based on a number
of factors. These include a settlement’s relationship to key
public transport corridors, its role (as defined in a settlement
hierarchy), and the need to maintain or enhance services and
facilities in villages, but also its character and setting and the
capacity of local infrastructure.
The
local plan defines a single settlement within the parish, which it
calls Pannal. Locally the area defined as Pannal is known as Pannal
and Burn Bridge and is considered to comprise three distinct areas:
Pannal, Burn Bridge and Walton Park. Within the settlement
hierarchy Pannal is defined as a service village. As a minimum,
service villages contain a primary school or GP surgery,
recreational facilities, a meeting place and a shop, pub or
café. Pannal is one of nine service villages that the local
plan indicates has a wider range of retail, service and leisure
businesses and both a school and a surgery.
The
strategy allows land in service villages to be allocated for
development in order to maintain or enhance the provision of
services, shops and facilities. As the local plan shows Pannal
within key public transport corridors, with good access to both
rail and bus services, the settlement could provide a focus for
growth, subject to the identification of suitable sites.
Development within the settlement is supported by the strategy,
subject to proposals meeting other relevant development plan
policies. The extent of the defined settlement of Pannal is
indicated by a development limit.
Other
than in the north, where a small part of the parish is included
within the Harrogate development limit, the remaining land in the
parish is defined as countryside. In countryside areas the strategy
only supports development where expressly permitted by other
development plan policies or national planning policy
The
countryside to the south and east of the area defined as Pannal is
Green Belt where development is strictly controlled in accordance
with national planning policy. Inappropriate development in the
Green Belt is, by definition, harmful and would not be approved,
except in very special circumstances. Countryside in the parish
that is not within the Green Belt forms part of the Crimple Valley
Special Landscape Area, a local landscape designation, that also
includes small areas that are in the Green Belt as well. In
addition to other controls, where r quality, be linked to an
existing settlement and enhance the appearance of the urban
fringe.”
|
To
incorporate text on the strategic context for the Plan.
|
Agree
to modify in-line with Examiner’s recommendation.
|
|
Mod:
5
/Pg
18
|
Vision and
Aims
Page
11, 7th aim
|
Replace the
seventh aim with:
“To manage
the level and impacts of housing development in the parish in line
with the area’s environmental and infrastructure capacity and
established planning policy.”
|
To
reflect the growth strategy set out in the Harrogate District Local
Plan 2014-2035.
|
Agree
to modify in-line with Examiner’s recommendation.
|
|
Mod:
6
/Pg
26 bullet 1
|
Green
and Natural Environment
GNE1:
Green and Blue Infrastructure
|
Insert the map
“Green and Blue Infrastructure” sent to me in response
to queries at a convenient point in relation to Policy GNE1 in the
Plan
|
To
improve clarity.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
7
/Pg
26 bullet 2
|
GNE1:
Green and Blue Infrastructure
|
Change the word
“should” in the first and last paragraphs of Policy
GNE1 to “must”
|
In
the interests of clarity.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
8
/Pg
26 bullet 3
|
GNE2:
Crimple Valley Special Landscape Area
|
Amend
the Policies Map to show the extent of the SLA referred to in
Policy GNE2 to align with the SLA boundary shown in the Local Plan.
The amendments are 1) a triangular shaped piece of land abutting
Yew Tree Lane and Rossett Green Lane should be removed from the SLA
and 2) a triangular piece of land in the south-west of the Parish
to the south of Brackenthwaite Lane should be included in the
SLA.
|
To
correct anomalies.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
9
/Pg
26 bullet 4
|
Appendix 3, page
72, map 4
|
Substitute the
Map showing Key Views and Vistas sent to me in response to queries
for Map 4 in Appendix 3 on page 72 of the Plan
|
For
clarity.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
10
/Pg
26 bullet 5
|
Appendix 3, page
72, map 4
|
Modify the
substituted Map of Key Views and Vistas by 1) ensuring the Plan
area boundary is correct; 2) deleting Views O, Q, S, AK and AL and
3) moving the viewpoint arrows for View P (mislabeled Z) and View W
to be within the Plan area
|
For
accuracy, to ensure the plan relates only to areas within the plan
area and to correct an error.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
11
/Pg
26 bullet 6
|
Appendix 3, page
75
|
Swap
the photographs for Views L and M1 in Appendix 3
|
Correction.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
12
/Pg
26 bullet 7
|
GNE3:
Local Green Space Protection
|
Insert the
detailed maps of each LGS sent to me in response to queries at a
convenient point in relation to Policy GNE3 in the Plan [noting
that the boundaries for LGSs 3 and 9 change]
|
For
clarity and to remove land that may be required to deliver a
‘park and stride’.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
13
/Pg
26 bullet 8
|
GNE3:
Local Green Space Protection
|
Change the second
sentence of Policy GNE3 to read: “Development proposals
within the designated local green space will be consistent with
national policy for Green Belts.”
|
To
align with the NPPF.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
14
/Pg
26 bullet 9
|
Appendix
2
|
Number and
identify the LGSs in Appendix 2 to correspond with the order in
Policy GNE3 and the numbering on the Policies Map
|
For
clarity.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
15
/Pg
26 bullet 10
|
GNE6:
Land at Almsford Bridge
|
Delete Policy
GNE6 and its supporting text; it can be changed into a non-planning
community action if desired
|
To
address deliverability concerns.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
16
/Pg
30 bullet 1
|
The
Built Environment: Heritage, Development and Design
BE1:
Pannal Conservation Area- Development and Design
|
Change the first
sentence of Policy BE1 to read:
“In order
to preserve or enhance the character or appearance of
Pannal Conservation Area…” [retain remainder of
sentence as existing]
|
To
reflect terminology within Section 72 of the Planning (Listed
Buildings and Conservation Areas) Act 1990.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
17
/Pg
30 bullet 2
|
BE1:
Pannal Conservation Area- Development and Design
|
Delete the last
sentence of Policy BE1 which reads: “The sympathetic
enhancement of the area will be encouraged.”
|
To
remove imprecise language to ensure the policy provides a practical
framework for decision-making.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
18
/Pg
31 bullet 1
|
BE2:
Local Heritage Areas
|
Change the last
sentence of Policy BE2 to read:
“Development
proposals that enhance the heritage features of these areas will be
supported in accordance with the design principles set out in
Policy BE3.”
|
To
remove imprecise language to ensure the policy provides a practical
framework for decision-making.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
19
/Pg
31 bullet 2
|
BE3:
Local Heritage Areas- Development and Design
|
Change the
reference to the “Harrogate Local Plan” in Policy BE3
to “Harrogate District Local Plan”
|
In
the interests of accuracy.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
20
/Pg
31 bullet 3
|
Page
23, para 5.2.12
|
Delete the word
“…similar…” from paragraph 5.2.12 on page
23 of the Plan
|
To
prevent misinterpretation.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
21
/Pg
31 bullet 4
|
BE4:
Protection and Enhancement of Non-designated Heritage
Assets
|
Change the
wording of Policy BE4 to read:
“The
following two buildings and structures are designated as
non-designated heritage assets:
[list
Pannal Memorial Hall and the Crimple Beck Bridge at Burn
Bridge]
[Add
the first paragraph of the policy as existing]
[Delete the
bullet list at the end of the existing policy]
|
To
provide clarity that the policy designates the two assets as
non-designated heritage assets.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
22
/Pg
31 bullet 5
|
BE4:
Protection and Enhancement of Non-designated Heritage
Assets
|
Delete the word
“sympathetic” from the last sentence of the first
[existing paragraph] of Policy BE4
|
To
remove imprecise language to ensure the policy provides a practical
framework for decision-making.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
23
/Pg
31 bullet 6
|
BE5:
village Character Areas- Development and Design
|
Change the first
sentence of Policy BE5 to read:
“Development
within the character areas of Pannal and Burn Bridge, as defined on
the Neighbourhood Plan Policies Map, must take account of the
Design Code and should:-…” [retain remainder of
policy as existing]
|
To
make the policy more robust.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
24
/Pg
33 bullet 1
|
Traffic,
Transport and Travel
TTT3:
Car Parking Standards for New Development in the Vicinity of Pannal
Station and Pannal Primary School/ Policies Map
|
Include new
mapping to show the half mile radius from the station and primary
school referred to in Policy TTT3 using a centre point of each site
and taking a pragmatic approach as to the area subject to the
policy
|
To
clarify where the policy applies.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
25
/Pg
33 bullet 2
|
TTT6:
Highway Improvement Schemes
|
Amend
the wording of the first paragraph of Policy TTT6 to
read:
“Subject to
compliance with other policies in this Neighbourhood Plan or the
Harrogate District Local Plan, development which would bring about
or contribute to highway improvements in the following
locations as identified on the Neighbourhood Plan Policies Map,
will be supported:-“
|
To
address concerns regarding achievability of specific
schemes.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
26
/Pg
33 bullet 3
|
TTT6:
Highway Improvement Schemes
|
Delete the
specific schemes from the policy and Policies Map
|
To
address concerns regarding achievability of specific
schemes.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
27
/Pg
33 bullet 4
|
TTT6:
Highway Improvement Schemes
|
Add
numbers to the locations in Policy TTT6 so that they accord with
the Policies Map
|
For
clarity.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
28
/Pg
35
|
Community
Facilities and Services
Page
38, para 5.4.4
|
Correct the
reference to “Appendix 6” in paragraph 5.4.4 on page 38
of the Plan to “Appendix 7”
|
Correction.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
29
/Pg
37 bullet 1
|
Housing
H1:
Small-scale and Infill Housing Development within the Development
Limit
|
Delete the words
“Small scale and infill” from the title of Policy
H1
|
To
avoid confusion.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
30
/Pg
37 bullet 2
|
Page
42, para 5.4.4
|
Amend
the supporting text to Policy H1 to read:
“5.5.4 In
response, the Neighbourhood Plan includes a policy (H1) making it
clear that all housing development within the HBC-defined
village development limit should comply, as appropriate, with the
Neighbourhood Plan’s various design and development policies.
Within the development limit, the community has a clear
preference for small scale or infill housing. Such housing
could relate to small gap sites, ‘backland’ or corner
plots. The policy seeks to ensure that local concerns are reflected
in decisions on sites which are developed for housing
and in the way that housing schemes are actually designed
and delivered on the ground.”
|
To
avoid confusion.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
31
/Pg
37 bullet 3
|
H2:
Development Outside the Development Limit
|
Amend
Policy H2 to read:
“In the
absence of a five-year supply of housing land, proposals for new
housing development on sites outside the Pannal development limit
will be considered in accordance with the presumption in favour of
sustainable development set out in national planning policy. Such
proposals must be compliant with Local Plan Policy GS3 (Development
Limits) and meet the following additional criteria:
-
the development would not result in the loss of greenfield
land which has intrinsic value as an amenity or
recreation space or biodiversity/geodiversity
value or makes an important contribution to the
visual, historic or spatial character of the Neighbourhood Area,
with particular reference to Policies GNE1, GNE2, GNE3, GNE6, BE1,
BE2, BE3 and BE5 of this plan.
-
there must be sufficient capacity in community infrastructure
including that of education including local primary school places,
health provision including doctor and dental practices and local
highways capacity which either exists to serve the development or
satisfactory mitigation must be provided by the scheme. Cumulative
impacts must be taken into account including those of other
allocations and permitted sites.
-
the development does not result in any detrimental
effects in air quality, particularly within Pannal village.
An appropriate air quality assessment and/or dust assessment
report must be submitted where development may create significant
amounts of traffic, in accordance with Local Plan Policy NE1 and
supporting guidance in the Air Quality SPD.”
|
To
improve clarity.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
32
/Pg
39
|
Economic
Development
ED1:
Protection of Existing employment Sites
|
Change Policy ED1
to read:
“POLICY
ED1: PROTECTION OF LEEDS ROAD COMMERCIAL SITES
The
following key commercial sites on Leeds Road, as shown on the
Neighbourhood Plan Policies Map, should continue to be occupied by
the commercial uses:
-
Land east of Leeds Road (1)
-
Crimple Hall (2)
-
Spacey Houses (3)
The
development or redevelopment of land and premises within these
sites for purposes other than commercial uses (as defined by Use
Classes E and F2 of the Use Classes Order*) will not normally be
supported unless it can be clearly demonstrated that the proposed
use is ancillary to the functioning of the commercial site and
clear evidence is provided to demonstrate that:
-
There is no unacceptable impact on the operation of the site as a
key commercial site;
- The
proposal provides a complementary benefit to the commercial
site;
- The
land/premises in question have been actively marketed for
commercial use for at least 12 consecutive months in line with
stipulated provisions**;
-
Continued use of the land/premises for commercial purposes is no
longer viable in line with the stipulated provisions**;
-
There is no significant adverse impact on residential or other
amenity;
- The
existing business has relocated (or will be able to relocate) to
other suitable premises.
Failing the
above, the development or redevelopment must be acceptable as
permitted development following a Prior Approval
application.
*Use
Class E includes shop; financial and professional services (not
medical); café or restaurant; office; research and
development of products or processes; industrial processes which
can be carried out in any residential area without causing
detriment to the amenity of the area; clinics, health centres,
creches, day nurseries, day centre; gyms, indoor recreations not
involving motorised vehicles or firearms. Use F2 includes shops
less than 280sqm selling essential goods, including food and at
least 1km from another similar shop; hall or meeting place;
swimming baths, skating rinks and outdoor sports and recreations
not involving motorised vehicles or firearms.
**Proposals will
have to provide evidence that commercial use (E and F2) of the site
is no longer viable through relevant marketing information, and
feasibility or viability studies. The following information will be
required:
-Copy
of sales particulars, including any subsequent amendments
made;
-Details of the
original price paid, date of purchase and the new guide
price;
-Schedule of
advertisements carried out with copies of the advertisements and
details of where and when the advertisements were placed, along
with an estimate of the expenditure incurred from
advertising;
-The
confirmed number of sales particulars distributed, along with a
breakdown of where the enquiries resulted from, for example, from
the "For Sale/To Let" board, advertisements, or websites
etc;
-Websites used to
promote the property/site together with details of links to other
relevant sites, the number of hits, and whether North Yorkshire
Council's ‘Sites and Premises Service’ _has been used
and on what date it was registered;
-Details of the
number of viewings, including who and when;
-Resulting offers
and comments on the offers;
-Details of the
period when a "For Sale/To Let" board was displayed, or if not, the
reasons behind the decision;
-Timetable of
events from the initial appointment of the agents to current
date;
-Details of
agency/joint agency appointed including contact details;
-Date
property/site brought to the market;
-Copies of
accounts for the last five years.
The
above information needs to show that the property/site has been
actively marketed for a period of 12 months at a value that
reflects its existing use. Where there is evidence that a business
has been allowed to run-down, an independent viability assessment
may be required.”
|
To
ensure requirements reflect and are appropriate to the current uses
(as defined by the Use Class Order) of these sites.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
33
/Pg
41 bullet 1
|
Page
45, paras 5.6.3, 5.6.4 and 5.6.5; and Policies Map
|
Consequential
amendments will be needed to the Policies Map and paragraphs 5.6.3,
5.6.4 and 5.6.5 to reflect the changes to Policy ED1’s
terminology including the change of name from Almsford Bridge to
Land east of Leeds Road.
|
For
consistency.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
34
/Pg
41 bullet 2
|
Appendices
Appendix
8
|
Update the
definition of the NPPF, change the definition of non-designated
heritage asset in Appendix 8 to ensure that it is clear that such
assets can be designated through a number of means including
neighbourhood plans.
|
To
reflect the updated NPPF (Dec 2023). To acknowledge that
non-designated heritage assets can be designated
through a number of means.
|
Agree
to modify in-line with Examiner’s recommendation
|
|
Mod:
35
/Pg
7
|
Policies Map;
throughout
|
Consequential
amendments to the Policies Map resulting from recommended
modifications.
As a
result of some modifications consequential amendments may be
required.
|
For
consistency.
|
Agree
to modify in-line with Examiner’s recommendation
|
