North Yorkshire Council
Community Development Services
Selby and Ainsty Area Planning Committee
9th OCTOBER 2024
ZG2023/1307/FUL - Conversion of agricultural buildings to 3 C3 dwellinghouses, alongside associated demolition works at Woodbine Grange, Main Street, Ryther, LS24 9ED
ON BEHALF OF NORTH YORKSHIRE COUNCIL
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 redevelopment of the former agricultural site. The development would involve the demolition of one building and the conversion of three barns to create three detached dwellings at Woodbine Grange, Ryther. 1.2 The application has been brought to Planning Committee as the application has been submitted by North Yorkshire Council. |
2.0 SUMMARY
RECOMMENDATION: That planning permission be GRANTED subject to conditions listed in Section 12 of the report.
2.1. The application is seeking permission for the redevelopment of the site to convert three former agricultural buildings to three detached dwellings. The proposed development would include the demolition of an existing building as well as alterations to the access to the site and landscaping.
2.2. The application site lies outside the development limits of the settlement of Ryther and is therefore located within the open countryside. The settlement of Ryther is identified as a secondary village in the Core Strategy. The site lies approximately 100 metres to the west of the edge of the village.
2.3. The scheme is considered compliant with local and national policy in that it reuses an existing building, involves a sensitive conversion that respects the character and form of the original buildings and provides a development which causes no harm to the character and appearance of the wider countryside.
2.4.
The proposal is also
considered to be acceptable in respect of its impact
on residential amenity
of the occupants of neighbouring properties and proposed occupiers,
highways safety, flood risk and drainage, ecology, contaminated
land and minerals and waste.
3.0 PRELIMINARY MATTERS
3.1. Access to the case file on Public Access can be found here: - ZG2023/1307/FUL | Conversion of agricultural buildings to C3 dwellinghouses, alongside associated works, at Woodbine Grange, Ryther | Woodbine Grange Main Street Ryther Leeds North Yorkshire LS24 9ED (selby.gov.uk)
3.2. The following planning history is relevant:
ZG2023/0997/ATD (REFUSED – 15/11/2024) Prior notification for the change of use of agricultural building to 3 No dwellings (Use Class C3) and associated operational development.
The prior notification application was refused for the following reasons:
01. On the basis of the submitted information, the proposal includes development that would go beyond the scope of building operation. The proposal would not therefore comply with criterion Q.1 (i) of Schedule 2, Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended.
02. The proposed curtilage of each of the proposed dwellinghouses would exceed the Interpretation of Part 3 Paragraph X (b) of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended.
4.0 SITE AND SURROUNDINGS
4.1. The application site lies outside the development limits of the settlement of Ryther and is therefore located within the open countryside. The site lies approximately 100 metres to the west of the edge of the village.
4.2. The application site is covers approximately 0.3 hectares of land, comprises of part of Woodbine Farm and consists of four traditional brick and tile agricultural buildings, site access and hardstanding. The farmhouse is located immediately to the east of the site.
4.3. The application site is bound by agricultural fields to the south, east and west with the B1223 running east-west along the northern boundary. North of the highway is the banks of the River Wharfe.
5.0 DESCRIPTION OF PROPOSAL
5.1. The application is seeking approval for the conversion of three agricultural buildings to create three dwellings. The proposed development would also include the demolition of the building described as ‘Building 4’ in the courtyard and additional hardstanding and landscaping within the site. An attention tank and package treatment plant are proposed to the west of the access road.
6.0 PLANNING AND POLICY GUIDANCE
Adopted Development Plan
6.2. The Adopted Development Plan for this site is:
- Selby District Core Strategy Local Plan (adopted 22nd October 2013)
- Those policies in the Selby District Local Plan (adopted on 8 February 2005) which were saved by the direction of the Secretary of State, and which have not been superseded by the Core Strategy
- Minerals and Waste Joint Plan, adopted 2022
Emerging Development Plan – Material Consideration
6.3. The Emerging Development Plan for this site is:
- Selby District Council Local Plan publication version 2022 (Reg 19)
On 17 September 2019, Selby District Council agreed to prepare a new Local Plan. Consultation on issues and options took place early in 2020 and further consultation took place on preferred options and additional sites in 2021. The Pre-submission Publication Local Plan (under Regulation 19 of the Town and Country Planning (Local Development) (England) Regulations 2012, as amended), including supporting documents, associated evidence base and background papers, was subject to formal consultation that ended on 28th October 2022. The responses were considered. In order to fully address the responses to this consultation, a revised Publication Local Plan 2024 was consulted on between 8 March and 19 April 2024. The responses have been considered and the next stage is to move to submission of the plan for examination.
6.4. In accordance with paragraph 48 of the NPPF, given the stage of preparation following the consultation process and depending on the extent of unresolved objections to policies and their degree of consistency with the policies in the NPPF, the policies contained within the emerging Local Plan can be given weight as a material consideration in decision making and, if relevant, will be referred to in the body of the report.
- The North Yorkshire Local Plan
6.6. No weight can be applied in respect of this document at the current time as it is at an early stage of preparation.
Guidance - Material Considerations
6.7. Relevant guidance for this application is:
- National Planning Policy Framework 2023 (NPPF)
- National Planning Practice Guidance
- National Design Guide 2021
6.8 On 30 July 2024, the Government announced in a Ministerial statement its intention to reform the planning system, including making changes through a Planning and Infrastructure Bill in the first session and revising the NPPF with the key aim of delivering the Government’s commitment to build new homes. Such Ministerial statements can be material to the determination of planning applications. The proposed revisions to the NPPF were subject to consultation which closed on the 24 September 2024. At this time, whilst the Ministerial statement is acknowledged, it is noted that the December 2023 iteration of the NPPF remains until such time as revised legislation is passed and / or policy is published.
7.0 CONSULTATION RESPONSES
7.1. The following consultation responses have been received and have been summarised below.
7.2. Ryther Parish Council - Objected to the proposed development due to concerns relating to flooding. The comments received are as follows:
The existing farmyard has surface water drains leading directly to the river Wharfe which are in poor state of repair and not fit for purpose. This needs to be fully investigated by CCTV and improvements made.
If the village surface water drains are to be utilised then the pumping chamber (located at the junction of the Main Street and Mill Lane) which is already overwhelmed during river flooding needs to be upgraded with suitable larger pumps.
7.3. NYC Environmental Health - No objection. Recommended a condition is attached to any permission granted to control hours of work during construction.
7.4. Contaminated Land Consultant– No objections. Recommended conditions to be attached to any permission granted relating to the submission of a site investigation and risk assessment, remediation strategy, verification and the reporting of unexpected contamination.
7.5. NYC Ecology - No objection. The application is accompanied by a through ecological assessment with surveys undertaken to the industry standard. The ecologist is satisfied that there will be no ecological impacts, provided that the measures set out in section 5.2 of the ecology report are adhered to during and following the works. This can be secured as a condition.
7.6. Environment Agency- Removed previous objection. The finished floor levels proposed are not above the 1% AEP plus 20% climate change, we would have ideally requested 300mm above this flood level. However, in this case, we agree that 300mm of flood resistance measures above the 1% AEP plus 20% climate change is sufficient to ensure that the development remains safe and dry. Recommended that a condition that the development is carried out in accordance with the Flood Risk Assessment submitted.
7.7. Internal Drainage Board - No objections. Recommended a condition relating to the disposal of surface water and foul sewage and for a 9m easement strip along the bank top of the drain.
7.8. NYC Highways - No objections. Recommended three conditions relating to the access to the site, perking and the submission of a Construction Management Plan.
Local Representations
7.9. The application was advertised by site notice and press notice. The press notice was published in the Selby Times on 08/02/2024. No letters of representation were received during the statutory consultation period.
8.0 ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
9.0 MAIN ISSUES
9.1. The key considerations in the assessment of this application are:
- The Principle of Development
- Design and Impact on the Character and Appearance of the Area
- Residential Amenity
- Highways
- Drainage and Flood Risk
- Impact on Nature Conservation and Protected Species
- Contaminated Land
- Affordable Housing
- Minerals and waste
- Waste and Recycling Facilities
10.0 ASSESSMENT
Principle of Development
10.1. Policy SP1 of the Selby District Core Strategy Local Plan (2013) outlines that "when considering development proposals, the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework" and sets out how this will be undertaken. It is therefore consistent with the guidance in Paragraph 11 of the NPPF.
10.2. The site is located outside of the development limits of the settlement of Ryther and, as such, is located within countryside as defined by the Selby District Local Plan 2005. It is noted that Ryther is identified as a secondary village in the Core Strategy, which are described as generally much smaller villages and less sustainable with less opportunities for growth.
10.3. Policy SP2A(c) of the Core Strategy states that “Development in the countryside (outside Development Limits) will be limited to the replacement or extension of existing buildings, the re-use of buildings preferably for employment purposes, and well-designed new buildings of an appropriate scale, which would contribute towards and improve the local economy and where it will enhance or maintain the vitality of rural communities, in accordance with Policy SP13; or meet rural affordable housing need (which meets the provisions of Policy SP10), or other special circumstances.”
10.4. Policy H12 of the Selby District Local Plan specifically relates to conversion to residential use in the countryside and sets out that such proposals would be acceptable in principle subject to a number of criteria. Criterion (1) of Policy H12 allows proposals for the conversion of rural buildings to residential uses provided “it can be demonstrated that the building, or its location, is unsuited to business use or that there is no demand for buildings for those purposes in the immediate locality”.
10.5. Paragraphs 82-84 of the NPPF seek to support housing development in rural areas that reflect local needs, that is sustainably located and avoids isolated homes. In particular, Paragraph 83 of the NPPF promoting sustainable housing where it will enhance of maintain the vitality of rural communities.
10.6. The approach taken by the NPPF does not apply the more onerous test set out in H12(1) or a preference for employment use in SP2A(c). It supports sustainable housing in rural areas and the reuse of these buildings in this location close to the existing settlement for residential use would contribute to the vitality of the rural community. It is, therefore, considered that criterion (1) of Policy H12 of the Selby District Local Plan should be given limited weight and the applicant is not required to demonstrate the building cannot be used for business use. Further, for the same reason, the preference for employment uses cited by Policy SP2A(c) of the Core Strategy is also given limited weight.
10.7. Criterion (2) of Policy H12 states “the proposal would provide the best reasonable means of conserving a building of architectural or historic interest and would not damage the fabric and character of the building”. The proposed conversion of the building is considered to be sympathetic and would not result in any significant external alterations that would damage the character of the building.
10.8. Criterion (3) and (4) of Policy H12 require that “the building is structurally sound and capable of re-use without substantial rebuilding” and “the proposed re-use or adaptation will generally take place within the fabric of the building and not require extensive alteration, rebuilding and/or extension”.
10.9. In terms of Criterion (3), from the site visit that was conducted it was noted that the building appeared to be in a good condition and would be capable of conversion without extensive rebuilding. Furthermore, the application was accompanied by a Structural Engineers Report (dated 3rd July 2023) which concluded that “Each of the barns at Woodbine Grange can be made structurally suitable for conversion to domestic properties, however, particular areas require further survey/investigations and remedial/reconstruction works.”
10.10. In terms of Criterion (4), the proposed development would result in relatively minor alterations to the existing building and would not require any extensive alterations to the building. The proposal does not propose any extensions to the existing building.
10.11. The remaining criteria of Policy H12 relate to the impacts of the proposed conversion and extension and will therefore be assessed later in this report.
10.12. Having regard to the above, the proposal would be acceptable in principle as it represents appropriate conversion in the countryside in accordance with local and national planning policies, having taken into account the conflict of the local policies with the NPPF.
Section 149 of The Equality Act 2010
10.13. 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.
10.14. The proposed development would not result in a negative effect on any persons of or persons with The Equality Act 2010 protected characteristics and could have a positive impact in terms of offering greater variety of dwellings in the local area to individuals falling in one of the relevant protected characteristics.
Design and impact on the character and appearance of the area
10.15. Relevant policies in respect to design and the impacts on the character of the area include Policy ENV1 of the Local Plan and Policy SP19 of the Core Strategy. These are in accordance with Paragraph 135 of the NPPF, which states that amongst other criteria, developments should add to the overall quality of an area, be visually attractive, sympathetic to local character and history, including the surrounding built environment and landscape setting whilst not preventing or discouraging innovation or change.
10.16. The application site is located at the entrance of the village of Ryther, when travelling from the west towards Cawood on the B1223 highway. The site is made up of a cluster of seven agricultural buildings associated within Woodbine Grange Farm. The farmhouse lies immediately to the west of the application site and there are two larger agricultural buildings immediately to the south of the application site. These are all within the same ownership as the application site.
10.17. The application proposes the demolition of one of the existing buildings (building 4 on the Site Plan 15026 00025_APP_ZZ_00_DR_A_A010_ P1) and the conversion of barns 1, 2 and 3, as labelled on the Site Plan, to three detached dwellings. The proposed development would also include works to the existing access, parking and turning areas as well as the creation of gardens for each of the proposed dwellings.
10.18. Barn 1 (plot 1) is a two-storey redbrick barn with red pantile roof and single storey projection to the east elevation. The building fronts on to the main highway. The building measures 22 metres in width and has a maximum depth of 6.4 metres. The conversion of the building would include internal and external alterations including the installation of a first floor, the installation of 5no. roof lights to the south elevation roof slope and the installation of replacement windows and doors.
10.19. Barn 2 (plot 2) is a two-storey redbrick barn with clay pantile roof and is located to the southeast of plot 1. The building measures 10.9 metres in width by 5.2 metres in depth. The proposed plans show that two rooflights would be inserted in the roof (one on each roof slope). The plan also shows that the existing windows and doors would be replaced. Internally the floor plan shows the layout of the new dwelling. It shows that the new dwelling would have three bedrooms in total. The gross internal area (GIA) would be approximately 82.2 square metres, which is fractionally under the prescribed minimum space standards. The Technical housing standards guidance states that a 3 bedroom, two-storey dwelling should have a GIA of more than 84 square metres. Given that the development is for the conversion of an existing building and that the difference is relatively small it is considered that the proposed conversion of the building to a three-bed dwelling would be acceptable.
10.20. Barn 3 (plot 3) is a single-storey building located to the south of plot 1 and to the southwest of plot 2. Again, the barn is redbrick with a pantile roof. The building measures 20 metres in width by 5.6 metres in depth. The proposed external alterations include the installation of new windows and doors.
10.21. The external alterations are considered to be relatively modest and would not negatively impact on the character of each building. The proposal would include works to the land surrounding the existing buildings to provide gardens and parking spaces for each of the dwellings. This would include the erection of fences, additional hardstanding and tree planting, which would all lead to further domestication of the site. However, this is not considered significant, and Permitted Development Rights could be removed to control any further development on site.
10.22. Given the above, it is considered that the proposal would not have a significant impact on the character and appearance of the area. As such, the proposed development accords with Policy ENV1 and H12 of the Selby District Local Plan with the exception f criterion 1, and Policies SP4 and SP19 of the Core Strategy and the advice contained within the NPPF.
Impact on Residential Amenity
10.23. Saved Local Plan Policy ENV1(1) requires consideration to be given of the effect of the development on the amenity of adjoining occupiers. The key considerations in respect of residential amenity are the potential of the proposal to result in overlooking of neighbouring properties, overshadowing of neighbouring properties and whether oppression would occur from the size, scale and massing of the development proposed.
10.24. With regards to overlooking, Plot 1 would have 4 windows at first floor level. 1 window on the north elevation, which faces towards the highway; 1 window to the west elevation facing out towards the neighbouring field and 2 windows to the south, which would face out over the garden area and towards plot 3. There is a separation distance of more than 21.3 metres between the two buildings (Plots 1 &3), which is considered to be acceptable. Furthermore, a 1.8-metre-high fence would be erected between the two plots which would provide additional screening. Plot 2 would have 4 windows (2 to the front (west) and 2 to the rear (east) elevations). The windows to the front elevation would face out over the proposed parking area and garden space. The windows to the rear would face out towards the garden of the farmhouse. It is considered that there would be some potential for overlooking. However, this would not be considered significant. Plot 3 would be single storey only and, as such, potential for overlooking is considered to be limited.
10.25. With regards to overshadowing, the existing buildings are well spaced and any potential for overshadowing would be minimal.
10.26. Each of the proposed three-bed dwellings would have sufficient outdoor amenity space to cater for families.
10.27. Having regard to the above, it is considered that the proposal would not have any significant adverse impact on the amenities of the occupiers of any neighbouring residential properties. The amenities of the adjacent residents would therefore be preserved in accordance with Policy ENV1 (1) of the Selby District Local Plan.
10.28. In light of the above, it has been demonstrated that the proposal would not contravene Convention rights contained in the Human Rights Act 1998 in terms of the right to private and family life.
Impact on Highways
10.29. Policies ENV1(2), T1 and T2 of the Local Plan require development to ensure that there is no detrimental impact on the existing highway network or parking arrangements. It is considered that these policies of the Selby District Local Plan should be given significant weight as they are broadly in accordance with the emphasis within the NPPF.
10.30. The proposed site plan shows that the proposed development would use both of the existing accesses to the site and each plot would have off-street parking provision for 2no. motor vehicles. The Site Plan also shows that there would be 3no. parking spaces provided for the neighbouring Farmhouse, which is outside the red line. NYCC Highways has been consulted on the application and have raised no objections to the proposed scheme subject to appropriate conditions attached to any permission granted. These conditions include control over the set out and construction of the access, the requirement to provide turning and parking prior to the use becoming operational and finally the ned for a Construction Management Plan. All 3 are detailed within the recommendation.
10.31. Given the above it is considered that the proposal complies with policies ENV1(2), T1 and T2 of the Local Plan and Paragraph 115 of the NPPF with respect to the impact on the Highway network.
Drainage, Flood Risk and Climate Change
10.32. National and local planning policy requires planning proposals to take account of flood risk, drainage, climate change and energy efficiency. Relevant local policies in this regard are SP15, SP16 and SP19 of the Core Strategy, which are in accordance with national policy in the NPPF. In particular, paragraph 165 seeks to direct inappropriate development away from areas at risk of flooding (whether existing or future). It seeks to achieve this by requiring the application of the sequential test (paragraph 168) and the exception test (paragraph 170). Where it is necessary to build in high risk areas, the development should be made safe for its lifetime without increasing flood risk elsewhere (paragraph 173).
10.33. The application site is located within Flood Zone 3 which is at high probability of flooding. NPPF paragraph 174 States that "Applications for some minor development and changes of use should not be subject to the sequential or exception tests but should still meet the requirements for site-specific flood risk assessments set out in footnote 59." The proposed development involves the conversion of three agricultural buildings to three dwellings. As such, the sequential and exception tests are not required to be applied in this instance.
10.34. A Flood Risk Assessment (FRA) was submitted with the proposal providing mitigation measures as appropriate. The Environment Agency was consulted on the development and initially raised objections to the proposal due to the lack of an acceptable FRA. Further details were submitted by the applicant and the Environment Agency were consulted again. They subsequently removed their objection. And provided the following details “The finished floor levels proposed are not above the 1% AEP plus 20% climate change, we would have ideally requested 300mm above this flood level. However, in this case, we agree that 300mm of flood resistance measures above the 1% AEP plus 20% climate change is sufficient to ensure that the development remains safe and dry.” Given this the FRA is considered to be acceptable. The proposed development is therefore in accordance with the advice contained within the NPPF and NPPG.
10.35. In terms of drainage, a Planning Statement was submitted along with the application, which provides details of the proposed drainage. The Planning Statement proposes that the new dwellings would be connected to the surface water drainage system and that foul water would be disposed of via a package water treatment plan.
10.36. Yorkshire Water and the Ainsty Internal Drainage Board and have been consulted on the proposals. Yorkshire Water made no comments to the proposal. The Ouse and Derwent Drainage Board raised no objections to the proposals subject to a condition requiring a detailed scheme of drainage to be agreed.
10.37. The proposal is therefore acceptable in respect of drainage and flood risk and therefore accord with local and national planning policy.
Impact on Nature Conservation and Protected Species
10.38. Policy ENV1(5) of the Local Plan states that proposals should not harm acknowledged nature conservation interests or result in the loss of open space of recreation or amenity value, or which is intrinsically important to the character of the area. Policy SP18 of the Core Strategy seeks to safeguard and enhance the natural environment and promote effective stewardship of the District’s wildlife. These policies should be given significant weight as they are consistent with the NPPF.
10.39. An Ecological Impact Assessment (dated October 2023) was submitted along with the application. The County Council’s Ecologist was consulted on the proposal and raised no objections to the principle of the development and recommended that a condition is attached for any development to be carried out in accordance with the mitigation measures as set out in section 5.2 of the ecology report. These include introducing a native planting scheme to target night-flying insects and to compensate for the loss of on-site foraging resources, introducing a sensitive lighting scheme to avoid indirect disturbance to foraging and commuting bats, birds and small mammals that may be using the area and the report advised that demolition works should be carried out outside of the nesting season.
10.40. It is noted that the application was submitted before the new Biodiversity Net Gain (BNG) measures came into force. Whilst SP18(c) seeks to produce a net gain in biodiversity by designing in wildlife and retaining the natural interest of a site where appropriate, it is noted that the proposal is for conversion of existing buildings to an alternative use and therefore is not considered appropriate in this instance.
10.41. Given the above, it is therefore considered that the proposal would accord with Policy ENV1 of the Local Plan, SP18 of the Core Strategy and the NPPF with respect to nature conservation.
Land Contamination
10.42. Policies ENV2 of the Local Plan and SP18 and SP19 of the Core Strategy relate to contamination. These policies should be afforded significant weight given their compliance with the NPPF and requirements contained therein at paragraph 180 that seek planning proposals to prevent the contribution to or unacceptable risk from land contamination.
10.43. The application site is not identified as being potentially contaminated in the Council’s record. However, all residential development is considered to be more vulnerable and, as such, the Council’s Contaminated Land Advisor was consulted. No objections to the proposal were raised. However, four conditions relating to undertaking a site investigation, producing a remediation strategy and reporting unexpected land contamination were recommended to be attached to any permission granted.
10.44. Given the above, it is considered that the proposal would be acceptable in regard to contamination on the site and in accordance with Policy ENV2 of the Local Plan, Policies SP18 and SP19 of the Core Strategy and advice in the NPPF.
10.45. In light of the above, it has been demonstrated that the proposal would not contravene Convention rights contained in the Human Rights Act 1998 in terms of the right to life.
Affordable Housing
10.46. Core Strategy Policy SP9 and the accompanying Affordable Housing Supplementary Planning Document (SPD) sets out the affordable housing policy context for the district. Policy SP9 outlines that for schemes of less than 10 units or less than 0.3ha, a fixed sum will be sought to provide affordable housing within the district. However, the NPPF is a material consideration and states at paragraph 65 –
“Provision of 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). To support the re-use of brownfield land, where vacant buildings are being reused or redeveloped, any affordable housing contribution due should be reduced by a proportionate amount”.
10.47. Major development is defined in Annex 2: Glossary as “For housing, development where 10 or more homes will be provided, or the site has an area of 0.5 hectares or more”. The application is for the conversion of buildings into 3 dwellings and as such in the light of the West Berkshire Decision and paragraph 65 of the NPPF, it is not considered that affordable housing contributions as required by Policy SP9 C can be sought.
Minerals and waste
10.48. The application site is located within an area identified for the safeguarding of mineral resources, specifically sand gravel. Relevant policies in relation to the NYCC Minerals and Waste Plan 2022 are S01, S02 and S07, which reflect advice in the Chapter 17 of the NPPF. The policies seek to protect future mineral resource extraction by safeguarding land where the resource is found and avoiding such land being sterilised by other development.
10.49. Certain types of development are regarded as exempt development. This includes redevelopment of previously developed land not increasing the footprint of the former development. As such, it is considered that the proposed development meets the exemption criteria.
Waste and Recycling Facilities
10.50. With respect to Waste and Recycling, a contribution for such provision would not be required for a scheme of this scale.
11.0 PLANNING BALANCE AND CONCLUSION
11.1. The proposed conversion of former agricultural buildings to 3 dwellings within the countryside is acceptable in principle as it would deliver sustainable housing in existing built form close to an existing settlement that would contribute to the vitality of the rural community. This accords with the provisions of local and national policy to allow sensitive conversions to residential use after applying limited weight to Policy H12(1) and the preference for employment reuse in Policy SP2A(c) which are not in accordance with the NPPF.
11.2. The proposed conversion is sensitive to the character and appearance of the original buildings and will not have a detrimental effect on the character and appearance of the area or residential amenity of the occupants of neighbouring properties.
11.3. The conversion is also acceptable in terms of its impact on highway safety, flood risk and drainage, ecology, contaminated land and minerals and waste. The application is therefore considered to be in general accordance when taken as a whole with Policies ENV1, H12 and T1 of the Selby District Local Plan, Policies SP1, SP2, SP4, SP15 and SP19 of the Core Strategy, and the advice contained within the NPPF.
12.0 RECOMMENDATION
12.1 That planning permission be GRANTED subject to conditions listed below.
01. The development for which permission is hereby granted shall be begun within a period of three years from the date of this permission.
Reason:
In order to comply with the provisions of Section 51 of the Planning and Compulsory Purchase Act 2004.
02. The development hereby permitted shall be carried out in accordance with the plans/drawings listed below:
15026 00025_APP_ZZ_00_DR_A_001 P1 Location Plan
15026 00025-APP-ZZ-00-DR-A-020 PL2 Proposed Site Plan
15026 00025-APP-ZZ-XX-DR-A-A120-PL2 Proposed Floor Plans & Elevations (Plot 1)
15026 00025-APP-ZZ-XX-DR-A-A121-PL2 Proposed Floor Plans & Elevations (Plot 2)
15026 00025 APP-ZZ-XX-DR-A-A122-PL1 Proposed Floor Plans & Elevations (Plot 3)
Reason:
For the avoidance of doubt.
03. The materials to be used in the construction of development hereby permitted shall match the existing materials as stated on the Design and Access Statement received by the Local Planning Authority on 6 December 2023.
Reason:
In the interests of visual amenity and in order to comply with Policy ENV1 of the Selby District Local Plan.
04. The development must not be brought into use until the access to the site at Woodbine Grange, Main Street, Ryther has been set out and constructed in accordance with the ‘Specification for Housing and Industrial Estate Roads and Private Street Works” published by the Local Highway Authority and the following requirements:
- Any gates or barriers must be erected a minimum distance of 6 metres back from the carriageway of the existing highway and must not be able to swing over the existing or proposed highway.
- Provision should be made to prevent surface water from the site/plot discharging onto the existing or proposed highway in accordance with the specification of the Local Highway Authority.
- Measures to enable vehicles to enter and leave the site in a forward gear.
All works must accord with the approved details.
Reason:
To ensure a satisfactory means of access to the site from the public highway in the interests of highway safety and the convenience of all highway users.
05. No part of the development must be brought into use until the access, parking, manoeuvring and turning areas for all users at Woodbine Grange, Main Street, Ryther 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 appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development.
06. No development must 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. details of any temporary construction access to the site including measures for removal following completion of construction works;
2. restriction on the use of Woodbine Grange, Main Street, Ryther access for construction purposes;
3. wheel 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. details of site working hours;
7. details of the measures to be taken for the protection of trees; and
8. contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.
Reason for Condition
In the interest of public safety and amenity
07. Notwithstanding the provisions of Class A and Class E to Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) no extensions, garages, outbuildings or other structures shall be erected, without the prior written consent of the Local Planning Authority.
Reason:
In order to retain the character of the site in the interest of visual amenity, having had regard to policy ENV1.
08. The development shall be carried out in accordance with the submitted flood risk assessment (reference 15026_00025-APP-00-XX-RP-C-1005 P03 Flood Risk Assessment dated 04/12/2023) and the following mitigation measures it details:
- Finished floor levels shall be set no lower than 8.32 metres above Ordnance Datum (mAOD)
- Flood resistance measures to be a minimum of 300mm above the 1 in 100 plus 20% Climate change level (8.398m AOD)
These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme’s timing/ phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.
Reason:
To reduce the risk of flooding to the proposed development and future occupants.
09. The development hereby approved shall be carried out in accordance with the mitigation measures outlined in paragraph 5.2 of the Ecological Impact Assessment (dated October 2023).
Reason:
In order to protect and enhance the sites ecological value in accordance with the NPPF, Policy SP18 of the Selby Core Strategy and ENV1 of the Selby Local Plan.
10. Prior to development (excluding demolition), a site investigation and risk assessment must be undertaken to assess the nature, scale and extent of any land contamination and the potential risks to human health, groundwater, surface water and other receptors. A written report of the findings must be produced and is subject to approval in writing by the Local Planning Authority. It is strongly recommended that the report is prepared by a suitably qualified and competent person.
Reason:
To ensure that the site is suitable for its proposed use taking account of ground conditions and any risks arising from land contamination.
11. Where remediation works are shown to be necessary, development (excluding demolition) shall not commence until a detailed remediation strategy has been be submitted to and approved by the Local Planning Authority. The remediation strategy must demonstrate how the site will be made suitable for its intended use and must include proposals for the verification of the remediation works. It is strongly recommended that the report is prepared by a suitably qualified and competent person.
Reason:
To ensure that the proposed remediation works are appropriate and will remove unacceptable risks to identified receptors.
12. Prior to first occupation or use, remediation works should be carried out in accordance with the approved remediation strategy. On completion of those works, a verification report (which demonstrates the effectiveness of the remediation carried out) must be submitted to and approved by the Local Planning Authority. It is strongly recommended that the report is prepared by a suitably qualified and competent person.
Reason:
To ensure that the agreed remediation works are fully implemented and to demonstrate that the site is suitable for its proposed use with respect to land contamination. After remediation, as a minimum, land should not be capable of being determined as contaminated land under Part 2A of the Environmental Protection Act 1990.
13. In the event that unexpected land contamination is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and, if remediation is necessary, a remediation strategy must be prepared, which is subject to approval in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation strategy, a verification report must be submitted to and approved by the Local Planning Authority. It is strongly recommended that all reports are prepared by a suitably qualified and competent person.
Reason:
To ensure that the site is suitable for its proposed use taking account of ground conditions and any risks arising from land contamination.
14. No work relating to the development hereby approved, including works of demolition or preparation prior to building operations, shall take place other than between the hours of 08:00 hours and 18:00 hours Mondays to Fridays and 08:00 hours to 13:00 hours on Saturdays and at no time on Sundays or Bank or National Holidays.
Reason:
To protect the residential amenity of the locality during construction
15. No development approved by this permission shall be commenced until the Local Planning Authority, in consultation with Ainsty (2008) Internal Drainage Board, has approved a scheme for the disposal of surface water and foul sewage.
Any such scheme shall be implemented to the reasonable satisfaction of the Local Planning Authority before the development is brought into use.
The following criteria should be considered for the disposal of surface water:
- The suitability of soakaways, as a means of surface water disposal, should first be ascertained in accordance with BRE Digest 365 or other approved methodology.
- If soakaways are not feasible, then the Board may consider a proposal to discharge surface water to a watercourse (directly or indirectly).
- For the redevelopment of a brownfield site, the applicant should first establish the extent of any existing discharge to that watercourse.
- Peak run-off from a brownfield site should be attenuated to 70% of any existing discharge rate (existing rate taken as 140 litres per second per hectare or the established rate whichever is the lesser for the connected impermeable area).
- Discharge from “greenfield sites” taken as 1.4 litres per second per hectare.
- Storage volume should accommodate a 1:30 year event with no surface flooding and no overland discharge off the site in a 1:100 year event. A 30% allowance for climate change should be included in all calculations. A range of durations should be used to establish the worst-case scenario.
Reason:
To ensure the development is provided with satisfactory means of drainage and to reduce the risk of flooding.
16. A strip of land 9 metres wide adjacent to the top of the embankment of the watercourse known as Poplars Dyke (which is maintained by Ainsty (2008) Internal Drainage Board under the Land Drainage Act 1991) shall be kept clear of all new buildings, structures, walls, fencing and planting unless agreed otherwise in writing with the Drainage Board. Ground levels must also remain the same within this area.
Reason:
To maintain access to the watercourse for maintenance or improvements.
Target Determination Date: 11.10.2024
Case Officer: Jac Cruickshank, jac.cruickshank@northyorks.gov.uk
Appendix A: Proposed Site Plan