North Yorkshire Council

 

Community Development Services

 

Thirsk and Malton Constituency Area Planning Committee

 

15 may 2025

 

23/00001/MOUT- Hybrid Planning Application comprising: 1) Outline planning application for residential planning permission for up to 50 dwellings with associated open space, all matters reserved; 2) Outline planning application for mixed use development for commercial, industrial and storage uses, all matters reserved. Total area 3.12ha on land south of Riccal Drive, Helmsley on behalf of Northminster LandLtd

 

Report of the Head of Development Management – Community Development Services

 

1.0     Purpose of the Report

1.1    To resolve the position the Council will take at an upcoming appeal against non- determination of a hybrid planning application comprising: 1) Outline planning application for residential planning permission for up to 50 dwellings with associated open space, all matters reserved; 2) Outline planning application for mixed use development for commercial, industrial and storage uses, all matters reserved. Total area 3.12ha on land south of Riccal Drive, Helmsley.

1.2    This application is reported to Committee because the Head of Development Management considers this application to raise significant planning issues such that it is in the public interest for the application to be brought to Committee.

 

2.0       EXECUTIVE SUMMARY

 

RECOMMENDATION: It is recommended that Planning Committee resolve that had the Local Planning Authority determined the application it would have granted planning permission subject to the conditions listed in Section 12 of this report and the prior completion of a Section 106 with terms as detailed in Table 1 (contained within Section 10 of this report).

 

2.1         This hybrid planning application comprises: 1) Outline planning application for residential planning permission for up to 50 dwellings with associated open space, all matters reserved; 2) Outline planning application for mixed use development for commercial, industrial and storage uses, all matters reserved. Total area 3.12ha.

 

2.2       The Planning Inspectorate has agreed that the procedure for determining the non-determination appeal is via a public hearing which is set for the 15 July 2025.

 

2.3       The determination of the application now rests with the Planning Inspector and not with the Council, however, Officers seek the opinion of Members of the Planning Committee with regards to the outcome they would have been minded to take, should the decision have rested with the Local Planning Authority.

 

2.4       This report sets out the key material planning considerations to enable Members to reach their opinion.

 

2.5       The site is accessed from the A170 via Riccal Drive. The area is of mixed character with agricultural fields to the south and east, industrial warehousing to the west and housing development to the north.

 

2.6       The principle of employment and residential development in this location is supported by the Helmsley Local Plan which allocates the site for employment (west) and residential (east) uses. It is noted that the relevant policies set a number of criteria for the development of the site. These are discussed in the main body of the report, but the development is considered to be broadly in-line with these criteria. In addition, the residential development would provide a policy compliant level of affordable housing and on-site open public open space.

 

2.7       The application is subject to objections from Helmsley Town Council and a number of local residents.

 

2.8       The main issues through the course of the application have been the impact of the proposals on the character and appearance of the area; the potential for impact on residential amenity and the use of Riccal Drive for additional traffic. Issues of the principle of employment use of this site are also set out in representations.

 

2.9       The proposed density of development would be appropriate to the location. There would be some localised landscape and visual impact, but this could be mitigated by the landscaping and building height parameters that could be secured by condition and the subsequent reserved matters. The development will result in a change to the character of this area, although it is considered that the detailed design of development proposed can be suitably controlled through the reserved matters process and conditions can be imposed to guide the scale, appearance and form of the development.  The site is at low risk of flooding, and drainage matters could be controlled by condition.

 

2.10     The development would generate economic benefits including purpose built commercial and industrial floor space and job creation including during the construction phase and increased resident spending in the area. Social and environmental benefits include increased housing supply; public open space with play facilities; and biodiversity net gain.

 

2.11     The main change anticipated by local residents and raised in representations is the increase in and change to the character of vehicular traffic and the noise and other pollution from the proposed employment land use. However, the Local Highway Authority is satisfied that this does not result in an unacceptable road safety issue and Officers are otherwise satisfied that the changes to the noise environment and character of the area can be controlled by conditions to ensure it does not result in any significant impact on residential amenity.

 

2.12     The development does result in some minor harmful impacts on the character of the area owing to the introduction of development onto land that is currently of a rural and open character, along with the additional activity introduced into the locality. However, the site is allocated for employment and residential purposes and it is considered that the proposal, both in terms of new built development and associated infrastructure, along with the new and additional activity introduced into the area, can be reasonably and successfully integrated. Officers are satisfied that there are no unresolved issues in relation to residential amenity, highway safety, protected species/BNG or drainage which cannot be suitably controlled through the reserved matters approval process.

 

2.13     It is concluded that, on balance, the principle of development should be supported, and other matters are acceptable subject to condition or Section 106 agreement. Therefore, had the LPA been determining this application it is recommended that outline planning permission should have been granted subject to conditions and a Section 106 agreement.

 

3.0       Preliminary Matters

 

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

 

https://planningregister.ryedale.gov.uk/caonline-applications/

 

3.2.        The application was registered as valid on 27 January 2023 with the following description of development based on that stated in the application form:-

 

‘Hybrid Planning Application comprising:

1) Outline planning application for residential planning permission for up to 50 dwellings, with all matters reserved;

2) Outline planning application for mixed use development for commercial, industrial and storage uses with associated open space, all matters reserved. Total area 3.12ha’.

 

3.3.        On the 26 February 2025, following a request from the applicant’s agent, the LPA made a minor correction to the description of the application to associate the reference to ‘open space’ with the residential part of the development. The description was revised as follows:-

 

‘Hybrid Planning Application comprising:

1) Outline planning application for residential planning permission for up to 50 dwellings with associated open space, all matters reserved;

2) Outline planning application for mixed use development for commercial, industrial and storage uses, all matters reserved. Total area 3.12ha’.

 

The application is to be considered on this basis.

 

Planning history

 

3.4.        There is no planning history relevant to the application site.

 

3.5.        The planning history relating to adjacent land to the north is as follows:

 

Employment allocation EMP1

 

ZE24/04403/MFUL- Construction of office building with associated workshop and vehicle storage space (Class E) along with external site compound, covered cycle storage building and associated accesses, car parking and landscaping.

 

This is the site off Riccal Drive to the north of the application site and is allocated for employment purposes. On 16 January 2025 the Thirsk and Malton Area Planning Committee resolved to grant permission for the development subject to the completion of a Section 106 legal agreement to secure a highway contribution (Travel Plan); off-site BNG; and the delivery of a permissive footpath. It is currently pending completion of the legal agreement.   

 

Residential allocation 183

 

17/01238/MFUL- Erection of 7no. four bedroom dwellings, 33no. three bedroom dwellings and 6no. two bedroom dwellings with associated garaging, parking, amenity areas, landscaping, bridge across Spittle Beck, associated infrastructure, public open space and formation of vehicular access. APPROVED 01.02.2019.

 

This is the site to the north and north-east of the application site allocated for residential purposes. This residential development has been completed and comprises 46 dwellings on Riccal Drive, Ryemount Crescent and Rosedale Lane.

 

4.0       Site and Surroundings

 

4.1.        The application site amounts to 3.12 hectares and is situated on the south eastern edge of Helmsley and within Development Limits.

 

4.2.        Helmsley is identified as a Local Service Centre in the Ryedale Plan- Local Plan Strategy (2013) although site specific policies for the Town are included in the Helmsley Local Plan (2015).

 

4.3.        The application site relates to land that is allocated for development within the Helmsley Local Plan (2015), under site references 174 and EMP2. Site 174 forms the eastern portion of the site and site EMP2 forms the western section which are allocated for residential and employment use respectively.

 

4.4.        The site is an agricultural field of improved pasture and falls within an Area of High Landscape Value (Fringe of the North York Moors). The site is accessed via Riccal Drive which connects to the A170 Linkfoot Lane approximately 440 metres north of the site boundary. The site is relatively flat and bound on its western, southern and eastern sides by boundary hedgerows and hedgerow trees and by post and wire fencing on its northern side.

 

4.5.        The National Park boundary runs along the route of the A170 through the town to the north and west of the application site. At its closest point the application site is 420 metres from the boundary with the National Park.

 

4.6.        In terms of surrounding land use the land to the south and east is open farmland. The land to the north/north-east is in residential use as part of the 2019 Riccal Drive housing development which comprises 46no. dwellings predominately two storey in size (see ‘Planning History’ in Section 3 of this report). The residential receptors nearest to the application site are those on Rosedale Lane which branches east off Riccal Drive. Those dwellings abut the northern boundary of the part of the application site proposed for residential development. To the north-west of the application site is land allocated for employment use (site allocation ref. EMP1) and is subject of an application for the development of the NYMNPA offices (see ‘Planning History’ in Section 3 of this report). The land to the west of the application site is predominately in commercial and industrial use with a series of buildings located along Sawmill Lane and Station Road.

 

4.7.        Spittle Beck takes a southerly course to the east of the site. Public Footpath no. 25.45/7/1 follows the route of the beck adjacent to the eastern boundary of the application site and Public Footpath no 25.45/6/2 runs along the southern boundary. Overhead powerlines cross the western part of the site north-south.

 

4.8.        At its closest point the River Rye is 170 metres west of the site. The site falls within Flood Zone 1. The beck adjacent to the eastern boundary of the site is shown as within Flood Zone 3.

 

4.9.        There are three round barrows (Schedule Monuments) 200 metres to the north-east of the site. There is also Ancient Woodland at East Plock Woods approximately 280 metres to the south west of the site. The nearest statutory protected site is Duncombe Park SSSI approximately 550 metres to the west. The River Rye is a non-statutory protected sites (SINC).

 

5.0       Description of Proposal

 

5.1       Hybrid Planning Application comprising: 1) Outline planning application for residential planning permission for up to 50 dwellings with associated open space, all matters reserved; 2) Outline planning application for mixed use development for commercial, industrial and storage uses, all matters reserved. Total area 3.12ha.

5.2       All matters are reserved for this proposed mixed use development and the application Planning Statement explains that the outline application intends to “confirm the principle of development of allocations 174 and EMP2, as identified in the Helmsley Plan”.

 

5.3       The application is accompanied by the following documents and supporting information:

 

·         Planning Statement, dated 23 December 2022

·         Design and Access Statement

·         Preliminary Ecology Appraisal, dated 7 December 2022

·         Biodiversity Net Gain (BNG) Appraisal, dated 7 December 2022

·         Transport Assessment, dated 28 November 2022

·         Transport Assessment Addendum, dated 31 March 2023

·         Travel Plans, dated 28 November 2022

·         Noise Impact Assessment, dated 11 August 2023

·         Air Quality Assessment, dated 9 August 2023

·         Air Quality Technical Note, dated 14 March 2025

·         Flood Risk Assessments and Drainage Impact Assessments, dated December 2022

·         Phase I Contamination Risk Assessment, dated 10 November 2022

·         Statement of Community Engagement, dated 23 June 2023

5.3       The application is also accompanied by a Site Strategy Diagram which illustrates how the site might be zoned to accommodate the mix of development allocated in the Helmsley Local Plan, as well as associated  infrastructure, open space and landscaping.

 

5.4       The Design and Access Statement (DAS) explains that the site can be split to allow for extensions to existing land uses to be created (industrial/commercial and residential). It states that “landscaping provides an opportunity to create both acoustic and aesthetic buffers”.

 

5.5       The Site Strategy Diagram indicates that the development would be arranged as three broad zones. The majority of the eastern and central parts of the site nearest to Rosedale Lane would be residential development for up to 50 dwellings in which there would be a small area of mixed use comprising live-work units and the western part of the site nearest to Station Road and Sawmill Lane would be employment land use.

 

5.6       The proposed employment uses would comprise a mix of commercial, industrial and storage uses. On 28 January 2025 the applicant clarified that the proposed commercial uses would be those within Use Class E of the Use Class Order 1987 (as amended) that are comparable to the previous uses incorporated under Class B1 and not those that are generally town centre uses such as retail, food and drink. Therefore, the proposed employment uses would include those which fall within Use Classes E (sub classes c-g), B2 and B8 of the Use Class Order 1987 (as amended).

 

5.7       The DAS states that the employment buildings would be 2-3 storey with approximately 3,800m² of employment footprint accommodated at the same density as the neighbouring employment land to the west.

 

5.8       The DAS states that approximately 3,600m² of residential footprint could be accommodated at the same density as the neighbouring residential development land to the north. The potential scale is stated as being 2-3 storeys with a mixture of types such as semi-detached, detached and townhouses and a mix of sizes.

 

5.9       The indicative shows 4no. live-work units positioned centrally within the application site. The DAS sets out that “The mixed use units offer an opportunity to transition between employment and residential uses”.

 

5.10     The Site Strategy Diagram indicates that a primary roadway (1,383m²) could be formed off Riccal Drive entering through the centre of the site before curving south west towards Sawmill Lane. The diagram shows four possible secondary roads off the primary road and also a potential road connection to Sawmill Lane. The plans also show the positions of the existing surface water sewer and public rising main which cut through the site north-south and indicate that along those routes (easements) footpath connections and green space could be created.

 

5.11     The application acknowledges that Policy H3 of the Helmsley Local Plan requires that 40% of new homes on sites of more than 6 dwellings or greater than 0.2ha are to be affordable.

 

5.12     The Transport Assessment (TA) has been based on the development of the site to provide up to 55 dwellings on the eastern portion of land and industrial units up to 45,000 sqft (4,180m²) on the western portion. The TA identified that the vehicular trip rates and resulting trip generation would be in the order of one trip every minute in the peak hours and less during the rest of the day.

 

5.13     With regard to surface water drainage the Drainage Impact Assessment states that ground investigation works will be carried out to confirm ground conditions, including soakaway testing, however at this stage it is assumed these will not be viable.As such at this stage it is considered soakaways are not suitable for surface water discharge. Direct connection to the adjacent watercourse has been discounted as it will require third party consent. It is therefore anticipated that surface water from the development will connect to the existing surface water sewer that runs through the site which in turn has a direct connection to the watercourse (subject to agreement with Yorkshire Water). Surface water will discharge to public surface water sewer via storage with a restricted discharge rate. It is proposed to discharge the foul to the combined Yorkshire Water sewer located south-west of site.

 

           

6.0       Planning Policy and Guidance

 

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

 

 

 

Adopted Development Plan

 

6.2.        The Adopted Development Plan for this site comprise:

 

- Ryedale Plan- Local Plan Strategy, adopted September 2013

- Ryedale Plan - Local Plan Sites Document, adopted June 2019

- Helmsley Local Plan, adopted July 2015

- Allocations 174 and EMP2 and relevant Development Brief

- Helmsley Conservation Area Appraisal

- Ryedale Plan- Local Plan Strategy (2013)

 

6.3.        The relevant policies in the RPLPS (2013) are considered to be:

 

Policy SP1 General Location of Development and Settlement Hierarchy

Policy SP2 Delivery and Distribution of New Housing

Policy SP3 Affordable Housing

Policy SP4 Type and Mix of New Housing

Policy SP6 Delivery and Distribution of Employment/Industrial Land and Premises

Policy SP7 Town Centres and Retailing

Policy SP12 Heritage

Policy SP13 Landscapes

Policy SP14 Biodiversity

Policy SP15 Green Infrastructure Networks

Policy SP16 Design

Policy SP17 Managing Air Quality, Land and Water Resources

Policy SP18 Renewable and Low Carbon Energy

Policy SP19 Presumption in Favour of Sustainable Development

Policy SP20 Generic Development Management Issues

Policy SP22 Planning Obligations, Developer Contributions and the Community Infrastructure Levy

The Ryedale Plan - Local Plan Sites Document (2019)

 

6.4.        The RPLPSD (2019) makes it clear that it does not allocate specific development sites at Helmsley. The RPLPSD (2019) explains that the Helmsley Local Plan is the development plan document which has been jointly prepared by the (former) District Council and the North York Moors National Park Authority to ensure a consistent and holistic approach to planning in the town.

 

Helmsley Local Plan (2015)

 

6.5.        The Helmsley Local Plan (HLP) is a development plan document which was jointly prepared by the former Ryedale District Council and the North York Moors National Park Authority. The documents forms part of the statutory Development Plan for North Yorkshire. The Helmsley Local Plan sets the spatial approach for development in and around the town up to 2027.

 

6.6.        The HLP (2015) makes provision for the delivery of 190 homes to 2027 (Policy H1), 96 of which are from land allocations within the former Ryedale Area outside of the National Park. The Development Brief for residential Site 174 confirms an allocation of 50 dwellings.

 

6.7.        The HLP (2015) allocates 1.9 hectares of employment land (Policy H4) and this accounts for a significant proportion of the employment land which the Local Plan Strategy distributes to Helmsley and Kirkbymoorside. The Development Brief for employment Site EMP2 confirms an allocation of 1.3 hectares of employment land.

 

6.8.        The relevant policies in the HLP (2015) are considered to be:

 

Policy SD1 Presumption in Favour of Sustainable Development

Policy H1 New Residential Development

Policy H3 Affordable Housing Provision

Policy H4 Employment Land

Policy H5 New Main Town Centre Uses

Policy H8 Important Open Views and Spaces

Policy H9 Design

Policy H10 Renewable Energy and Sustainable Building

Policy H11 Green Infrastructure

Policy H12 Developer Contributions

Policy H13 Open Space Requirements

Annex 1 - Development Brief for Site 174 Land South of Riccal Drive

Annex 1 - Development Brief for Site EMP2 Land South of Riccal Drive

 

            Emerging Development Plan – Material Consideration

 

6.9.        The North Yorkshire Local Plan is the emerging development plan for this site though 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

 

6.10.     Relevant guidance for this application is:

 

            -           National Planning Policy Framework 2024

            -           National Planning Practice Guidance

            -           National Design Guide 2021

           

7.0       Consultation Responses

 

7.1.        The following consultation responses have been received and have been summarised below. Please see online planning register for full comments. Consultation initially took place in early 2023 with further consultations in Summer/Autumn 2023.

 

7.2.        Helmsley Town Council                   Objection

 

In their initial response (21.02.2023) the Town Council acknowledged that the sites are allocated in the Helmsley Local Plan and commented that any CIL funding should be spent locally on services and infrastructure in Helmsley. The comments included requests for the provision of public litter bins; swift nesting bricks within the building construction and fencing suitable for hedgehog access.

 

In their subsequent formal response (21.03.2023) the Town Council raised an objection to the application. The Town Council also made the following requests:-

 

-       Stipulation of ‘local’ allocation for social housing or use of local occupancy restriction as used by the NYMNPA

-       Use of covenants to prevent houses being used or sold as second or holiday homes.

-       Provision of a generous on-site play area and recreational space

-       That NYC directs CIL funding to Helmsley

-       That the industrial element is refused or removed and that any business units are limited to 1 or 2 person businesses/small commercial development due to unease about the mix of residential and industrial.

-       That meaningful Community Engagement is carried out by the developer as soon as possible, via a public meeting in town, ahead of any planning committee meeting at North Yorkshire Council.

 

In a further response (20.06.2023) the Town Council made the following requests:-

 

-       That the outline hybrid application is withdrawn and that full and discrete applications for each land allocation (not hybrid) are made.

-       All housing including open market housing should be sold/let on the basis of Principal Residence only.

-       That Yorkshire Housing (or other social housing provider) reallocates any properties vacated by residents moving to this development to local people.

-       That NYC recognises the lack of provision for youth in Helmsley in terms of youth clubs or holiday activities

-       That employment/industrial buildings are limited in size and height e.g. 10 metres max height and follow NYMNPA guidance for buildings.

-       Restrict operating days/hours for employment/industrial land and that no HGV parking is allowed on Riccal Drive between 5pm to 7am

-       Restrict times of HGV movements to weekdays and within certain times.

-       That the speed limit for Riccal Drive is reduced to 20mph and that a 20mph speed limit is applied to any roads south of the A170 that provide access to, or are within, any industrial or employment development.

-       That chicanes and other traffic calming measures are provided

-       The industrial buildings are fitted with solar panels and the income is directed to Helmsley Town Council to allocate to Helmsley charities and groups via its grants awards or towards infrastructure improvements.

-       That Yorkshire Water publicly commits to invest in Helmsley Sewage Treatment Works as a matter of urgency

-       Request for public consultation to find out what young Helmsley Parish residents want as this site provides a rare opportunity to provide for activities which are outside the scope of the existing Limes Play Area, for example a skate park or pump track and a quarter-size Basket Ball/Games area. These areas should be open access and free to use.

 

In a further response (17.10.2023) the Town Council commented that its supports the Council’s Environmental Health Officer and their report of 3 October 2023.

 

In their most recent response (19.03.2025) the Town Council stated concerns that North Yorkshire Council is not following the policies as adopted in the Helmsley Local Plan when considering planning applications for allocated land on Riccal Drive.

 

The Town Council is also concerned that the report of Baumann Lyons Architects Ltd is not being accorded the importance or weight given to it in the Helmsley Local Plan. It is frequently referred to in the Helmsley Local Plan as an authoritative basis for policy.

 

The Town Council state that the construction of houses on Riccal Drive (ref. 17/01238/MFUL) with their access directly fronting a mixed use road showed disregard of the HLP policies and the Baumann Lyons Architect’s report. In addition, contrary to the HLP, the density and layout of that development did not follow that of nearby Station Road.

 

The Town Council also highlight that the HLP repeatedly advises that ‘development should be coordinated with adjacent sites’ namely EMP1, EMP 2, 173 and 184. The Town Council state the NYC has failed to co-ordinate applications for the allocated land.

 

The Town Council also requests that serious efforts are made to assess future traffic (levels, speeds, vehicle types) and that NYC Highways consider all possible measures to mitigate the impact of traffic on the Ryemoor/Riccal Drive residents.

 

7.3.        Highways North Yorkshire  Recommend conditions and legal agreement

 

In their initial response (09.03.2023) the highways officer requested further information in relation to the following:- minor access road design; emergency access; potential connection to Sawmill Lane (private road); parking provision to adopted standards; and guidance on the level of detail required in engineering drawings at Reserved Matters Stage. The highways officer also made observations on the transport assessment, travel plans and noted that Section 106 contributions would be required for local network improvements and the implementation of the Travel Plan.

 

In their subsequent response (10.05.2023) following receipt of the Transport Assessment Addendum the highways officer confirmed that they had received sufficient information to fully assess the application. The highways officer acknowledges that a number of highway related matters will be addressed as part of any reserved matters application.

 

The highways officer confirmed that Riccal Drive is appropriate to serve the proposed development with suitable visibility where it meets the A170. The highways officer highlighted that the internal road network should be designed to North Yorkshire Council's design guide standards for residential and industrial estate roads, whichever is appropriate for that part of the development.

 

The Local Highway Authority’s recommendation includes a request £5,000 Travel Plan Monitoring Fee and a £5,000 contribution towards footway/cycleway access to the existing network are secured by Section 106 legal agreement. In addition conditions are recommended in relating to detailed engineering drawings for road construction; footway construction; off-site highway works; details of access, parking, turning; parking for dwellings; travel plans; and a Construction Management Plan.

 

In a response (12.09.2023) to the air quality assessment the highways officer confirmed that the air quality impacts from traffic would be assessed as part of the consideration of a future Construction Management Plan.

 

Following discussions with the applicant and planning officers the highways officer re-issued their formal recommendation (11.12.2024) to remove the requirements for Cycle Level of Service (CLoS) and Junction Assessment Tool (JAT) auditing.

 

7.4.        Environmental Health                      Recommend conditions

 

In their initial response (26.06.2023) the Council’s EHO requested noise and air quality assessments are completed to determine how suitable the site is for mixed development from a perspective of noise, dust and odour.

 

With regard to the residential element the Council’s EHO stated “…all new housing developments will have to comply with our local plan policy SP20 which in respect of noise requires the ‘highest standards of the World Health Organisation, British Standards…etc’ interpreted successfully for continuous anonymous noise on appeal decision to be

 

30dBA inside night-time with no more that 10-15 LAmax events above 45dB at night,

an external amenity value of no more than 50dBA daytime,

35dBA daytime inside,

all to be provided with windows open and without reliance on mechanical ventilation to demonstrate sufficient ventilation (ever more important now with reference to overheating requirements within building regulations).

 

With regard to the industrial/commercial element the Council’s EHO stated “Industrial and/or commercial noise should be assessed (based on BS4142:2014 separately to determine if

 

a) existing levels are too high for residential development,

b) the contribution from new commercial/industrial use will result in increase in background levels for existing or new residential occupiers, and

c) whether the presence of new residential would jeopardise the viability of existing industrial/commercial uses by reason of proximity and the likelihood of complaints (agent of change)

An assessment of the contribution to the proposed noise climate shall be made for the road system, and traffic noise”.

 

In response (03.10.2023) to the further information (noise and air quality assessments) the Council’s EHO stated that the noise report is incomplete and inaccurate and that the application be refused. The Council’s EHO explained that the assessment does not evaluate the combined impact of existing and proposed industrial development and traffic levels on existing and proposed residents. The Council’s EHO reiterated that good acoustic design should be followed and site layout and room orientation should be considered as a first preference to achieve internal noise levels.

 

The Council’s EHO stated “The proposed development for commercial, industrial and storage usage needs to be conditioned to ensure that the rating level of the noise emitted shall not exceed the existing background level at any premises used for residential purposes surrounding the site when assessed in accordance with BS 4142:2014+A1(2019). This is to ensure that the amenities of occupiers of other premises in the vicinity are protected”.

 

In a further response (23.10.2023) the Council’s EHO reiterated their position in relation to internal noise levels being achieved with partially open windows and that development should follow a good acoustic design process in accordance with ‘Professional Practice Guidance on Planning and Noise: New Residential Development’ (May 2017 or later versions).

 

In a further response (12.02.2025) the Council’s EHO acknowledged that the development is still at the outline planning application stage and, therefore, the specific uses within the commercial and industrial site are unknown. However, given that the classification is B2 (General Industrial)/B8 (storage and distribution), it is quite possible that noise and vibration are matters which need to be considered. In light of this the Council’s EHO explained that they would like conditions to take account of the likely noise and vibration impacts.

 

The recommended conditions required a noise impact report for each phase of employment development; acoustic modelling for each phase of residential development to demonstrate compliance with set indoor and outdoor noise levels; and a noise mitigation scheme to protect residents from industrial and traffic noise.

 

The Council’s EHO also highlighted that any new development introduced in the proposed B2/B8 units must ensure that odour/fumes/dust do not present a risk to the existing and proposed residential developments.

 

Additional conditions were recommended to control lighting installations on buildings within the employment land and control the impacts of noise and dust during construction.

 

In a further response focusing on contaminated land and air quality (13.02.2025) the Council’s EHO noted that the applicant’s Phase I report recommends that Phase II site investigations are undertaken to establish the presence/absence of any contamination and quantify the risk to human health set out in the preliminary conceptual site model. In light of this the Council’s EHO recommended that the standard contaminated land conditions are imposed to ensure that in the event contamination is discovered, that appropriate remediation and verification is undertaken to prevent potential risks to the future end users of the site.

 

With regard to air quality the Council’s EHO confirmed that there is no requirement to carry out a detailed air quality assessment for the impact of the proposed development on the local area, and the impacts can be considered to have insignificant effects. However, should outline approval be given more information would be required at the reserved matters stage to fully determine whether an air quality assessment would be necessary.

 

In the most recent response (26.03.2025) which was in relation to an Air Quality Technical Note produced by the applicant the Council’s EHO confirmed no further comments to add.

 

7.5.        Flood Risk (LLFA)                 Recommend conditions

 

In their initial response (14.03.2023) the Lead Local Flood Authority (LLFA) requested further information in respect to soakaway tests/infiltration viability and micro drainage calculations, volume control, an exceedance plan, climate change allowance and an indicative drainage layout with reference to outfalls, sewer and watercourse.

 

In a subsequent response (13.09.2023) to further information the LLFA confirmed that they would be open to conditioning the infiltration testing on the basis that no layout (Reserved Matter) is approved until a suitable drainage strategy has been assessed and approved by the LLFA.

 

7.6.        Yorkshire Water Land Use Planning          Recommend conditions

 

In their response (09.03.2023) request standard conditions for foul and surface water drainage to protect the local aquatic environment and Yorkshire Water infrastructure (public sewer).

 

7.7.        Housing Services                             Supports

 

In their response from March 2023 Housing Officers confirm support for the delivery of 40% affordable homes and note that if the site is developed for 50 units it would generate 20 affordable homes. In addition policy requires that at least 5% of all new homes built on schemes of 50 dwellings or more shall be built as bungalows.

 

Housing Officers confirm that the preferred tenure split would be 70% rented and 30% affordable home ownership based on the Council’s SHMA and built to meet (or exceed) Nationally Described Space Standards.

 

Housing Officers advise that a Section 106 Agreement is required would be required to ensure there was the relevant eligibility criteria for the allocations and Housing Officers would want to ensure that any rented units are allocated via North Yorkshire Home Choice. There is an expectation that any Shared Ownership homes will be converted to affordable rent should they not proceed as Shared Ownership.

 

Housing Officers highlight that this is an opportunity to deliver much needed affordable housing in a popular market town and support this application.  

 

7.8.        Police Designing Out Crime Officer (DOCO)        Recommend condition

 

In their response (05.06.2023) the Police DOCO provided advice on creating a safe and secure environment- layout, boundary treatments, access and movement, defensible space, lighting, CCTV and natural surveillance of public open space and parking areas.

 

The Police DOCO requests that should permission be granted it should include a condition to secure a scheme of crime prevention measures to be incorporated into the site at Reserved Matters stage.

 

7.9.        NYC Natural Services           Comments and recommends conditions

 

In the response (16.02.2023) the Council’s Ecologist makes observations on ecological mitigation and enhancement and request that reserved matters should include Ecological Impact Assessment (EcIA) and an updated BNG report.

 

7.10.     Public Rights Of Way                       Recommend informative

 

In their response (21.02.2023) the PRoW Team recommend an informative to ensure the existing Public Right of Way adjacent to the site is protected and kept clear of any obstruction.

 

7.11.     Archaeology Section:           No objection

 

In their response (12.06.2023) the Council’s Archaeologist explains that the site is on the outskirts of the medieval town of Helmsley. There are very feint traces of former ridge and furrow in the field but it is extremely denuded and of low significance as a result. Although any greenfield site has some archaeological potential, recent archaeological work on the new housing to the immediate north was entirely negative. On balance it is unlikely that further archaeological assessment would be productive.

 

7.12.     NYM National Park Authority          No objection

 

7.13.     Sustainable Places Team (Environment Agency) No response received 

 

7.14.     Economic Development                   No response received

 

7.15.     Vale of Pickering Internal Drainage Board            No response received

 

7.16.     Tree & Landscape Officer               No response received

 

Local Representations

 

7.17.     A total of 90 local representations have been received from local residents/members of the public of which 80 are objecting, 3 are in support and 7 are neutral. A summary of the comments and concerns raised is provided below, however, please see the Online Planning Register for full comments.

 

 

o   The site should be used entirely for housing and not employment uses

o   The development is not being put forward in a co-ordinated manner as required by Local Plan Policy

o   This is a greenfield site and should not be developed

o   No evidence of unmet need for employment land

o   No evidence of need for new housing on greenfield land

o   Housing should be affordable and for local people and not second homes

 

o   Traffic impact and highways safety – traffic increase and access concerns

o   The premise of the use of Riccal Drive in the Local Plan is no longer relevant owing to the layout of housing now created off Riccal Drive

o   It would be better to provide a dedicated access road from the A170

o   Development will attract industrial vehicles on what is a residential street

o   Children play on the road and this would make it unsafe

 

o   Noise and pollution from traffic in quiet residential area

o   Noise and pollution from industrial use adjacent to quiet residential area

o   Construction noise

 

o   Impact on Doctors and GP Surgeries

o   Insufficient amenities

o   Impact on infrastructure

o   Impact on the environment, loss of habitat and biodiversity

o   Potential flooding and existing drainage issues

o   Loss of farmland

 

8.0       Environment Impact Assessment (EIA)

 

8.1       The development falls within Schedule 2 Category 10(b) Urban Development Projects of The Environmental Impact Assessment Regulations 2017 (as amended) and exceeds threshold (i) due to the development including more than 1 hectare of urban development (commercial, industrial and storage uses) which is not dwellinghouse development. As such the Council as Local Planning Authority have screened the development and found that it is not EIA development and no Environmental Statement is required to be submitted with the application.

 

9.0       Main Issues

 

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

 

·         Principle of the development;

·         Proposed use, amount and density of development;

·         Co-ordination of site development;

·         Affordable housing;

·         Impact on character and appearance of the area;

·         Open space provision;

·         Highway safety;

·         Residential amenity;

·         Flood risk and drainage;

·         Yorkshire Water assets;

·         Biodiversity and ecological impact;

·         Loss of agricultural land;

·         Ground contamination;

·         Historic Environment;

·         Community Infrastructure Levy (CIL); and

·         Section 106 agreement

 

10.0     ASSESSMENT

 

Principle of the Development

 

10.1.     The Helmsley Local Plan (HLP) sets out the main policy position along with the Ryedale Plan- Local Plan Strategy (RPLPS). The HLP Vision states:

 

“In 2027 Helmsley will continue to provide essential services and facilities for its local community which will be successfully balanced with its role as a regionally important visitor destination. The distinctive historic character of the town and its landscape setting within the National Park will have been safeguarded and enhanced. Its role and reputation as a niche location for high quality shopping, hospitality and food based activity will be firmly established.

 

The main objectives of the plan are:

 

·         To provide sufficient land to provide a mix of housing which meets the existing and future needs of the existing population, providing opportunities for managed growth of the town over the plan period, whilst safeguarding and enhancing the landscape of the National Park.

·         To support the existing economy by ensuring there is further land available for the expansion of local businesses and to provide a range of employment opportunities for local people.

·         To conserve and enhance the special qualities of the town so that it remains a popular destination for visitors and maintains the role of Helmsley as a market town serving a wide hinterland of rural communities including those within the National Park.

·         Retain the historic character of the town including the setting of the Duncombe Park Estate, Helmsley Castle and the North York Moors National Park.”

 

10.2.     The Ryedale Plan- Local Plan Strategy (adopted 2013) predates the Helmsley Local Plan and provides the strategic policies for the Helmsley area.

 

10.3.     Policy SP1 of the RPLPS (2013) sets out the Council’s direction in terms of the distribution of development and seeks to focus growth on the Principal town of Malton and Norton, with secondary focus for growth on Local Service Centres (Market Towns) including Helmsley. The RPLPS (2013) does not allocate specific development sites at Helmsley and site specific policies for the Town are included in the Helmsley Local Plan. The Helmsley Local Plan specifically allocates the application site under policies H1 and H4.

 

10.4.     Policy H1 (New Residential Development) commits to the provision of at least 150 new homes at Helmsley for the plan period 2014 to 2027. The Helmsley Local Plan also identifies land for approximately 190 new homes at the town across both planning authority areas (NYMNPA and what is now NYC). Site 174 is the second and final site to be brought forward for housing development in the part of Helmsley administered by NYC with the first being the development to the east of Riccal Drive (Site 183).

 

10.5.     Paragraph 61 of the NPPF (2024) sets out the Government’s objective of significantly boosting the supply of homes. The site is allocated for residential purposes in the HLP (2015) and it is considered that the proposed development is in accordance with the principles of the allocation.

 

10.6.     Policy H4 (Employment Land) commits to the provision of 1.9 hectares of employment land in Helmsley for the plan period 2014 to 2027. Site EMP2 is the second and final site to be brought forward for employment development with the first being the development to the west of Riccal Drive (Site EMP1) the site which includes the relocated NYMNPA offices.

 

10.7.     The LPA has received representations that raise the issue of the principle of the employment development. The representations have raised questions in terms of a preference for the use of the allocated employment land for housing, suggesting that this would better meet the needs of the community. However, the allocation for the site was based on the identified needs of the wider community, supported by a variety of data sources, through the allocation process. Within the introductory text for the HLP (2015) it states “The allocation of sites in the Helmsley Plan provides certainty to developers, local people and infrastructure providers as to what development is likely to happen in the town. It will also ensure that the town has sufficient housing and employment land to meet its economic growth and increased population.”

 

10.8.     The HLP (2015) remains an extant and important part of the Development Plan. Clearly an application has come forward which seeks to progress development on the allocated site which is a strong indication of demand for employment land. The conclusion is that there is no necessity for the applicant to examine alternative uses for the site and that the proposed employment use is in accordance with Local Plan policy.

 

10.9.     The National Planning Policy Framework (NPPF), at paragraph 85, advises that planning policies and decisions should help create the conditions in which businesses can invest, expand and adapt. It states that “Significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development”.

 

10.10.   The site is allocated for employment purposes in the HLP (2015) and it is considered that the proposed development is in accordance with the principles of the allocation.

 

Proposed uses, amount and density of development

 

10.11.   Planning practice guidance sets out that it is necessary for outline applications to specify the amount of development proposed for each use (‘What details need to be submitted with an outline planning application?’ Paragraph: 034 Reference ID: 14-034-20140306). Therefore, it is not a ‘reserved matter’.

 

10.12.   The outline application confirms the proposed uses of the site and the spatial extent of the respective land use areas.

 

10.13.   Policy H1 (New Residential Development) of the HLP (2015) states that the residential land allocation for Site 174 would provide 45 dwellings and the Development Brief for Site 174 confirms a potential residential yield of 50 dwellings. Therefore, the proposed amount of residential development proposed (up to 50 dwellings) is in line with the allocation as set out on page 49 of the HLP (2015). The allocation also acknowledges the opportunity to provide a small number of live/work units and that is reflected in the outline proposals.

 

10.14.   Policy H4 (Employment Land) of the HLP (2015) indicates up to 0.6ha employment land at site EMP2 which is a typographical error and should read 1.3ha (The site areas quoted for Sites EMP1 and EMP2 should be reversed). The Development Brief for EMP2 confirms the allocation of up to 1.3ha of employment land (page 61 of the HLP). The potential land area for employment use as shown on the applicant’s ‘Indicative Capacity Sketch’ is 1.24ha which is in line with the allocation as set out in the HLP (2015).

 

10.15.   With regard to the employment land use the supporting text within paragraph 6.2 of the HLP (2015) explains “From the sites available for employment purposes EMP1 and EMP2 allocates 1.9ha of land in Helmsley for employment purposes in the B1, B2 and B8 use classes, subject to amenity considerations set out in the development briefs in Appendix 1”

 

10.16.   The employment site allocation allows for B1 B2 and B8 uses (offices; research and development; light industrial, general industry and storage and distribution, under the old use classes order).

 

10.17.   On 1 September 2020, the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (2020 No. 757) came into effect. As a result Use Class B1 (‘Business’- light industrial; research & development; and office uses) was subsumed within a newly created Use Class E (Commercial, Business and Service). Use classes B2 (General Industrial) and B8 (Storage and Distribution) are unchanged. The full wording for Use Class E is set out below:

 

‘Class E. Commercial, Business and Service

Use, or part use, for all or any of the following purposes—

(a) for the display or retail sale of goods, other than hot food, principally to visiting members of the public,

(b) for the sale of food and drink principally to visiting members of the public where consumption of that food and drink is mostly undertaken on the premises,

(c) for the provision of the following kinds of services principally to visiting members of the public—

(i) financial services,

(ii) professional services (other than health or medical services), or

(iii) any other services which it is appropriate to provide in a commercial, business or service locality,

(d) for indoor sport, recreation or fitness, not involving motorised vehicles or firearms, principally to visiting members of the public,

(e) for the provision of medical or health services, principally to visiting members of the public, except the use of premises attached to the residence of the consultant or practitioner,

(f) for a creche, day nursery or day centre, not including a residential use, principally to visiting members of the public,

(g) for—

(i) an office to carry out any operational or administrative functions,

(ii) the research and development of products or processes, or

(iii) any industrial process,

being a use, which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit’.

 

10.18.   The allocation of the employment land within the Helmsley Local Plan predates the update to the Use Class Order.

 

10.19.   The proposed employment uses as set out in the application description are a mix of commercial, industrial and storage uses. The applicant has confirmed that the proposed commercial uses would be those within Use Class E of the Use Class Order 1987 (as amended) that are comparable to the previous uses incorporated under Class B1 and not those that are generally town centre uses such as retail, food and drink. Therefore, the proposed employment uses would include those which fall within Use Classes E (sub classes c-g), B2 and B8 of the Use Class Order 1987 (as amended).

 

10.20.   As such officers consider that other than the removal of the retail, food and drink elements of Use Class E from any permission, but retention of other Use Class E uses (sub classes c-g) as set out above, would be reasonable and otherwise acceptable in terms of the applicable NPPF tests and the requirements of the Local Plan allocation.

 

10.21.   It is recommended that a condition to this effect is imposed on any grant of outline permission so to provide certainty and ensure the commercial and employment uses do not undermine the vitality and viability of the town centre and give rise to conflict with Policy H5 (New Main Town Centre Uses) of the HLP (2015).

 

10.22.   The HLP (2015)  does not prescribe density standards but notes that the Strategic Housing Land Availability Assessment suggested that 30 dwellings per hectare is an appropriate housing density for the settlement of Helmsley. However the housing density required for each site will be dependent on the site assessment.

 

10.23.   The NPPF, at paragraph 129, requires decisions should support development that makes efficient use of land. Paragraph 130 of the NPPF encourages consideration of minimum densities “where there is an existing or anticipated shortage of land for meeting identified housing needs”.

 

10.24.   The applicant’s indicative capacity sketch shows 50 units within a potential land area of 1.65 hectares and potential employment floor area of 3,513m² within a potential land area of 1.24 hectares. The applicant’s supporting statement confirms that amount of residential and employment footprint which could be accommodated at the same density at the adjacent sites to the north and west respectively.

 

10.25.   If permission is granted it is considered prudent to include a minimum build density condition of 25 dwellings per hectare in the interests of the efficient use of land and to ensure that at Reserved Matters stage the LPA can guide the pattern of development so that it suitably responds to the form and character of the existing residential development to the north. It will also allow scope to take account of environmental considerations such as existing underground infrastructure and the need for a visual and acoustic buffer between industrial and residential land uses. The description of development controls the total number of dwellings permitted to a maximum of 50.

 

10.26.   The proposal does not confirm the precise housing mix given the outline nature of the application. Therefore, in order to prevent a pronounced overprovision of a single house type and to secure a mixed and balanced community, a condition is required to ensure the precise housing mix is submitted with the reserved matters application and agreed by the Local Planning Authority. In terms of both market and affordable housing the precise house types, locations and sizes will also be confirmed at Reserved Matters stage.

 

Co-ordination of site development

 

10.27.   The Development Briefs contained within the HLP (2015) state that development of Sites 183, 174, EMP1 and EMP2 should be co-ordinated to ensure an integrated form of development is achieved, including vehicular and pedestrian accesses. The highway impacts will be discussed later in this report.

 

10.28.   The LPA has received representations that allege 'failed coordination' in relation to this outline application and the two earlier applications referred to in section 3.5 of this report.

 

10.29.   The main housing site (183) has already been approved and developed prior to the applicant for the proposal under consideration applying for permission. Site 183 is phase 1 of the allocated housing to be provided off Riccal Drive. Allocated sites are generally brought forward on a phased basis throughout a plan period.

 

10.30.   The timing and order in which allocated development sites come forward is beyond the control of the LPA. Generally it would be unreasonable to refuse an application on the basis that one site has come forward before another.

 

10.31.   Therefore, it is considered that it was not possible or in fact necessary for co-ordination given that the road layout has already been constructed as per the local plan allocations to allow adequate access from the A170 through the now developed housing site to access the application site.

 

10.32.   Clearly, in submitting a hybrid application for both employment and residential development to mirror the site allocations set out in the Development Plan the applicant is seeking to co-ordinate the remaining development with that permitted at earlier stages. The future reserved matters provides control over layout and access to ensure compatible land uses are established adjacent to that already developed to the north.

 

Affordable Housing

 

10.33.   Policy H3 (Affordable Housing Provision) of the HLP (2015) requires that up to 40% of all units should be affordable.

 

10.34.   Based on the proposed upper limit of 50 dwellings being developed at the site a policy compliant level of affordable housing would be 20 units on site.  In addition policy requires that at least 5% of all new homes built on schemes of 50 dwellings or more shall be built as bungalows.

 

10.35.   Housing Officers confirm that the preferred tenure split would be 70% rented and 30% affordable home ownership based on the Council’s SHMA and built to meet (or exceed) Nationally Described Space Standards.

 

10.36.   Housing Officers advise that a Section 106 Agreement is required would be required to ensure there was the relevant eligibility criteria for the allocations and Housing Officers would want to ensure that any rented units are allocated via North Yorkshire Home Choice. There is an expectation that any Shared Ownership homes will be converted to affordable rent should they not proceed as Shared Ownership.

 

10.37.   Housing Officers highlight that this is an opportunity to deliver much needed affordable housing in a popular market town and support this application.  

 

10.38.   The applicant is agreeable to securing the policy compliant level of affordable provision via a Section 106 agreement and draft Heads of Terms have been provided. In light of this the proposed development aligns with the requirements Policy H3 of the HLP (2015).

 

Impact on character and appearance of the area

 

10.39.   Policy H9 of the HLP (2015) states that all new development should respect the existing settlement character, patterns and layouts and the principles of building design to ensure that the historic character and local distinctiveness of the built environment is maintained and the landscape of the National Park is conserved and enhanced.

 

10.40.   Policy SP13 of the RPLPS (2013) states that; development proposals should contribute to the protection and enhancement of distinctive elements of landscape character that are the result of historical and cultural influences, natural features and aesthetic qualities including:

 

·         The distribution and form of settlements and buildings in their landscape setting

·         The character of individual settlements, including building styles and materials

·         The pattern and presence of distinctive landscape features and natural elements (including field boundaries, woodland, habitat types, landforms, topography and watercourses)

·         Visually sensitive skylines, hill and valley sides

·         The ambience of the area, including nocturnal character, level and type of activity and tranquillity, sense of enclosure/exposure

 

10.41.   Policy SP13 also states that; outside of those landscapes protected by national landscapes designations, the Council will carefully consider the impact of development proposals on the following broad areas of landscape which are valued locally:

 

·         The Wolds Area of High Landscape Value

·         The Fringe of the Moors Area of High Landscape Value

·         The Vale of Pickering The Yorkshire Wolds and Fringe of the Moors are valued locally for their natural beauty and scenic qualities.

 

10.42.   As well as protecting the distinctive elements of landscape character in each of these areas, there are particular visual sensitivities given their topography and resulting long distance skyline views within Ryedale and further afield. The Vale of Pickering, the Wolds and the Fringe of the Moors are of significant historic landscape value and loss or degradation of the elements that are integral to their historic landscape character make these landscapes particularly sensitive to change.

 

10.43.   Policy SP16 of the RPLPS (2013) states that; development proposals will be expected to create high quality durable places that are accessible, well integrated with their surroundings and which:

 

·         Reinforce local distinctiveness

·         Provide a well-connected public realm which is accessible and usable by all, safe and easily navigated

·         Protect amenity and promote well-being

·         The design of new development will also be expected to:

·         Incorporate appropriate hard and soft landscaping features to enhance the setting of the development and/or space

·         Contribute to a safe and well connected public realm by respecting and incorporating routes, buildings and views which create local identity and assist orientation and wayfinding; creating public spaces which are safe and easy to use and move through by all members of the community; facilitating access by sustainable modes of travel including public transport, cycling and walking

·         Reduce crime and the fear of crime through the careful design of buildings and spaces

·         Provide, where appropriate, active and interesting public frontages, clearly defined public spaces and secure private spaces

·         Make efficient use of land and to be built at a density which is appropriate to its surrounding context. In general new housing development should not be built below an indicative density of 30 dwellings to the hectare unless this can be justified in terms of the surrounding context

·         Proposals for major development will be expected to include a statement identifying the waste implications of the development and measures taken to minimise and manage waste generated

 

10.44.   The illustrative layout shows three groupings of dwellings off two secondary roads and is not dissimilar to the existing layout of existing residential development to the north. The employment land shows a range of buildings with the general industrial and storage and distribution uses at the western extent furthest from the new and existing dwellings off Riccal Drive. However, the site layout shown on the Indicative Capacity Sketch is purely an indication of the how the site could be developed taking into account the site allocations. Access, layout, scale, appearance and landscaping are reserved for future consideration. Therefore, the reserved matters application could entail different details but clearly there is scope for a residential development with a density and layout of development would take its cue from existing dwellings on Riccal Drive to the north.

 

10.45.   The occupants of the dwellings at the southern end of Riccal Drive (Rosedale Lane) and users of the adjacent public right of way would experience a visual impact but subject to suitable controls the reserved matters the impacts would not be unexpected and would not depart from that envisaged through the site allocation.

 

10.46.   With regard to the landscape effects the new buildings would back onto the existing dwellings to the north and industrial buildings to the west and north west and subject to suitable landscaping and controls on heights of buildings it is reasonable to expect the reserved matters process would produce a development that would reflect the form, scale and patterns of neighbouring development.

 

10.47.   The applicant’s Design and Access Statement makes reference to townhouses. However, three storey properties would not be in keeping with the adjacent residential development to the north which is primarily two storey. The site is on the edge of the settlement and a restriction on the residential development to a maximum of two storeys would mean the development would respect views towards the towns’ Conservation Area to the north west and the protect the setting of the Scheduled Monuments to the north-east in line with Policies H8 and H9 of the HLP (2015)and the design principles set out in the Development Brief. In addition a condition could be imposed to limit industrial/commercial units to a maximum apex height of 10 metres which aligns with the request from the Town Council.

 

10.48.   The HLP (2015) Development Brief for both the residential and employment land allocations acknowledge the beck has heavy scrub and self-sown native trees along the eastern bank of the site, which provides visual containment, while to the south it is enclosed by double hedgerows. To the west views to the site is contained by the commercial and industrial development and by existing housing to the north.

 

10.49.   Whilst the development will result in the transformation of the open agricultural setting of the site though the extension of the settlement this is unlikely to result in significant changes to the character and appearance of the area in the long-term. The site has well-defined boundary features on the outer perimeter on the eastern and southern sides and the development of the land would serve to ‘square off’ the southern extent of the settlement. The approval of layout and landscaping provides the opportunity to secure landscaped edges of the development to soften views towards the site from the public right of way and provide a suitable transition to the wider open countryside to the south and east. The developable area would not encroach on the beck corridor itself. The layout is a reserved matter and a sufficient standoff can be incorporated to ensure no adverse impacts.

 

10.50.   The existing neighbouring dwellings to the north consist of two storey detached and semi-detached dwellings and it is reasonable to expect a similar approach in this case. It is anticipated that the proposed dwellings would be construction from a materials palette of natural stone and red brick with red pantile roofs and the industrial/commercial buildings would be steel portal frame buildings with cladding to the exterior to integrate with the appearance of adjacent development.

 

10.51.   At this stage as this application is to secure the principle of development the LPA will use the reserved matters process to ensure the detailed scheme is well designed. This can be addressed through the future reserved matters submission which will take account of the form, scale, density, layout and materials. Similarly, future consideration of detailed hard and soft landscape proposals can be through the reserved matters applications and conditions.

 

10.52.   The impact upon the character and appearance of the area and locally valued landscape is considered acceptable in this context in accordance with the requirements of Policies H8 and H9 of the HLP (2015) and Policies SP12, SP13, SP16 and SP20 of the RPLPS (2013).

 

Open Space provision

 

10.53.   The NPPF at paragraphs 96 and 98 advises that decisions should aim to achieve healthy places which enable and support healthy lifestyles, especially where this would address identified local health and well-being needs for example through the provision of safe and accessible green infrastructure and the provision and use of shared spaces such as open spaces. Paragraph 103 reinforces the importance of access to open space, sport and physical activity for health and wellbeing.

 

10.54.   The RPLPS (2013) seeks contributions for all new residential development for the provision of open space under Policy SP11. Policy H13 of the HLP (2015) sets out how the provision of open space will be sought from all new residential development.

 

10.55.   Residential schemes of 50 dwellings or more will be required to provide on-site formal children’s playspace (Local Equipped Area for Play or Neighbourhood Equipped Area for Play as appropriate).

 

10.56.   The description of proposed development makes explicit reference to open space associated with the residential development. The location and extent of the open space would be confirmed through the reserved matters when layout and landscaping are to be determined. Unfortunately, there is no opportunity to co-ordinate the proposed public open space (POS) with that provided as part of the existing Riccal Drive residential development (Site 183) as the POS is located to the north of the housing furthest from the application site.

 

10.57.   The indicative layout plans show the provision of green space through the site and a dedicated area for a Neighbourhood Equipped Area for Play (NEAP) which will be secured as part of a Section 106 agreement. In addition future occupants of the proposed dwellings would have access to the public footpath which currently runs along the full length of the Spittle Beck via the bridge provided as part of the residential development to the north (Site 183).

 

10.58.   It is considered that a scheme can be developed that complies with open space requirements set by local policy.

 

Highway safety

 

10.59.   Policy SP20 of the RPLPS (2013) advises that “Access to and movement within the site by vehicles, cycles and pedestrians would not have a detrimental impact on road safety, traffic movement or the safety of pedestrians and cyclists. Information will be required in terms of the positioning and treatment of accesses and circulation routes, including how these relate to surrounding footpaths and roads”.

 

10.60.   Paragraph 115 of the NPPF (2024) states that in assessing sites for development, it should be ensured that: (a) appropriate opportunities to promote sustainable transport modes can be – or have been – taken up, given the type of development and its location; (b) safe and suitable access to the site can be achieved for all users; (c) the design of streets, parking areas, other transport elements and the content of associated standards reflects current national guidance, including the National Design Guide and the National Model Design Code ; and (d) any significant impacts from the development on the transport network (in terms of capacity and congestion), or on highway safety, can be cost effectively mitigated to an acceptable degree through a vision-led approach.

 

10.61.   Paragraph 116 of the NPPF (2024) advises that “Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe”.

 

10.62.   Paragraph 117 of the NPPF (2024) states that within this context, applications for development should: (a) give priority first to pedestrian and cycle movements, both within the scheme and with neighbouring areas; and second – so far as possible – to facilitating access to high quality public transport, with layouts that maximise the catchment area for bus or other public transport services, and appropriate facilities that encourage public transport use; (b) address the needs of people with disabilities and reduced mobility in relation to all modes of transport; (c) create places that are safe, secure and attractive – which minimise the scope for conflicts between pedestrians, cyclists and vehicles, avoid unnecessary street clutter, and respond to local character and design standards; (d) allow for the efficient delivery of goods, and access by service and emergency vehicles; and (e) be designed to enable charging of plug-in and other ultra-low emission vehicles in safe, accessible and convenient locations.

 

10.63.   Paragraph 118 of the NPPF (2024) states that all developments that will generate significant amounts of movement should be required to provide a travel plan, and the application should be supported by a transport statement or transport assessment so that the likely impacts of the proposal can be assessed and monitored.

 

10.64.   The means of access to the site is reserved. The plans indicate that access is likely to be formed from Riccal Drive to the north with a potential link to Sawmill Lane industrial estate to the west. Riccal Drive, which has residential properties on its eastern side, also currently serves the residential areas of The Limes, Con Owl Close, Acres Close, Allenby Close, Chapel Close, Crossland Close, Storey Close and Rosedale Lane.

 

10.65.   The HLP (2015) Development Brief for both the residential and employment land allocations contains wording that acknowledges that the Local Highway Authority have confirmed that access from the existing highway onto Riccal Drive is acceptable, however, “impact will need to be determined by a traffic assessment at full planning application stage”.

 

10.66.   The carriageway on Riccal Drive is a suitable width and footways are provided along both sides of the carriageway and there is also street lighting. There are no definite proposals for any roadway linking to Sawmill Lane industrial estate but the indicative plans show this as a future option which the HLP (2015) requires to be considered as part of future detailed masterplanning/design. 

 

10.67.   The Development Brief states that Development should be co-ordinated across the four allocated sites (Sites 174, 183, EMP1 and EMP2) to ensure an integrated form of development is achieved, including vehicular and pedestrian accesses. This hybrid application represents an opportunity to co-ordinate the remaining employment and residential land allocations.

 

10.68.   The LPA has received representations that have made points in relation to the status of highways work in advance of the adoption of the HLP (2015), asserting that this work provides a clear intent as to the nature of access design that applies to development in the locality.

 

10.69.   Officers do not agree with that position.  The HLP (2015) makes reference to that particular work within appendices relating to site allocations 174, 183, EMP1 and EMP2 (pages 50, 54, 57 and 61 respectively), stating that:

 

 'Previous work undertaken for the Helmsley Town Team by Bauman Lyons Architects, provides useful analysis and consideration of design principles in developing this site'. 

 

10.70.   The wording within the Plan does not imply or require that a specific form of highways design must form part of the execution of development arising from any of the above allocations. Previous decisions on planning applications in that locality have been informed by the expertise of the relevant highways authority, in line with standard practice.

 

10.71.   Concerns have also been expressed in representations about the use of the Riccal Drive access, in particular by heavier vehicles. Representations have highlighted a concern that children currently play in the street owing to the quiet nature of the area at present. However, Riccal Drive, as presently constructed, has not been intended to function as a lightly trafficked cul de sac. The road has been designed to allow access to these employment and housing sites set out in the HLP (2015) as a whole and has not been designed as a play-street, where the layout and road detailing would be designed to reduce traffic speed to a minimum and give greater priority to pedestrians.

 

10.72.   The application is accompanied by a Transport Assessment (& Addendum) and Travel Plans.

 

10.73.   With regard to impact on the local highway network the traffic flows associated with the employment land cannot be precisely determined at outline stage. For each employment unit there will be variation in terms of deliveries to and from the site, customer trips, staff commuting etc. The Transport Assessment has been based on the development of the site to provide up to 55 dwellings on the eastern portion of land and industrial units up to 45,000 sqft (4,180m²) on the western portion. The applicant has pointed out that what is proposed as part of this outline application is less than what has been assessed.

 

10.74.   The Transport Assessment has modelled the impact of the new traffic expected to be generated by the proposed development on the wider road network, with capacity checks carried out at the A170 Linkfoot Lane/Riccal Drive junction.

 

10.75.   The trip generation in the Transport Assessment states that the development is predicted to generate 57 vehicle trips during the weekday morning peak period and 65 vehicle trips during the weekday evening peak period.

 

10.76.   As part of this assessment peak traffic flows have been projected for a future year of 2027 with increased traffic movements and it is confirmed that the A170 Linkfoot Lane/Riccal Drive junction has sufficient capacity and will continue to offer a satisfactory level of provision.

 

10.77.   As explained earlier in the report the Area Planning Committee has resolved to grant permission for the NYMNPA offices on adjacent land to the north. On this point the applicant has stated “Given the development of the office for NYMNA is for a smaller amount of development than planned for in the Local Plan then our assessment is certainly on a worst case scenario and already accounts for development of commercial premises on the site of the NYMNA office”.

 

10.78.   Clearly, with the employment and residential development coming forward, there will be a change in the nature and type of traffic along Riccal Drive but it would not be significantly different to that envisaged at allocation stage.

 

10.79.   The development site is considered to be well located to encourage journeys by all modes of sustainable transport and that is reflected by the Travel Plans accompanying the application. The proposed site is within a convenient walking distance of Helmsley and many of the surrounding villages can be accessed within cycling distance. Bus services to a number of regional destinations can also be accessed from the A170 Linkfoot Lane within a short walk from the site. The Local Highway Authority’s recommendation includes a request for a £5,000 Travel Plan Monitoring Fee.

 

10.80.   The highways officer has confirmed that they have received sufficient information to fully assess the application. The highways officer is of the view that Riccal Drive is appropriate to serve the proposed development with suitable visibility where it meets the A170. There is no indication that Riccall Drive has not been designed with later phases of employment and residential development in mind. The highways officer highlighted that the internal road network should be designed to North Yorkshire Council's design guide standards for residential and industrial estate roads, whichever is appropriate for that part of the development.

 

10.81.   At reserved matters stage it will also be necessary to ensure that the layout provides for each dwelling to be served by off street parking within its curtilage in line with NYC guidance on minimum parking standards for new residential developments and similarly for the employment development.

 

10.82.   The LHA request a £5,000 contribution towards footway/cycleway access to the existing network is secured by Section 106 legal agreement. In addition conditions are recommended in relating to detailed engineering drawings for road construction; footway construction; off-site highway works; details of access, parking, turning; parking for dwellings; travel plans; and a Construction Management Plan.

 

10.83.   The development site is well located to encourage journeys by all modes of sustainable transport which is compliant with the aspirations of national and local planning policy. The development would also seek to mitigate adverse impacts by promoting the uptake of low-emission mitigation (such as through electric vehicle charging provision) and supporting sustainable travel to reduce air quality impacts.

 

10.84.   There are no objections from the LHA and it is considered that the site can be developed without resulting in an adverse impact on highway safety or capacity.

 

10.85.   The site is considered to be a sustainable location close to local services, facilities and transport links and provides for a choice of mode of transport. In addition the proposal demonstrates highway matters including indicative access location and design, traffic generation, junction capacity, safety implications and highway improvements can be made acceptable at detailed design stage in accordance with the aforementioned development plan policies and the NPPF.

 

Residential amenity

 

10.86.   Policy SP20 (Generic Development Management Issues) of the Local Plan Strategy states:

 

'New development will not have a material adverse impact on the amenity of present or future occupants, the users or occupants of neighbouring land and buildings or the wider community by virtue of its design, use, location and proximity to neighbouring land uses. Impacts on amenity can include, for example, noise, dust, odour, light flicker, loss of privacy or natural daylight or be an overbearing presence.

 

Developers will be expected to apply the highest standards outlined in the World Health Organisation, British Standards and wider international and national standards relating to noise.

 

New development proposals which will result in an unacceptable risk to human life, health and safety or unacceptable risk to property will be resisted’.

 

10.87.   The NPPF (2024) seeks to ensure that development promotes health and well-being, with a high standard of amenity for existing and future users (paragraph 135(f)) and that decisions should prevent new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of, inter alia, noise pollution (paragraph 187(e)).

 

10.88.   Paragraph 198 of the NPPF (2024) states that decisions should also ensure that new development is appropriate for its location taking into account the likely effects (including cumulative effects) of pollution on health, living conditions and the natural environment. Sub section (a) of the policy aims to avoid noise giving rise to significant adverse impacts on health and the quality of life.

10.89.   Policy SP20 makes it clear that developers will be expected to apply the highest standards outlined in the WHO, British standards and wider internal and national standards relating to noise. The Ryedale Plan- Local Plan Strategy was adopted in 2013 and Policy SP20 forms part of the Development Plan policies and the requirement to meet the highest standards of noise guidance is considered to be consistent with the aims of the NPPF.

 

10.90.   The application is accompanied by a Noise Impact Assessment (NIA). The main concern of the Council’s EHO is the impact of noise generated from the uses within the employment land and road traffic noise on existing and future occupants of dwellings. These concerns are shared by residents who either live on Riccal Drive or access their homes via Riccal Drive.

 

10.91.   The LPA and the Council’s Environmental Health Officer (EHO) are seeking to ensure that the appropriate noise standards applied to all residential development are met in line with current Development Plan policy.

 

10.92.   The requirements reflect the highest standards of the WHO Guidance and require outdoor private amenity areas to not have noise levels above 50dB; habitable rooms to not exceed 35dB during the day and bedrooms between 11pm-7am to be able to not exceed 30dB with windows partially opened.

 

10.93.   The interface of employment and residential use is an important consideration. The Development Brief for EMP2 states that ‘In order to reduce the impact on residential properties a buffer zone should be created between this site EMP2 and 174, which is allocated for residential use. This could take the form of live work units, office use or landscaping and should be agreed by Ryedale District Council’s Environmental Health department’.

 

10.94.   The requirement for a buffer is set out as one of the ‘Key Principles for Development’ in the allocation and there is no reason why it cannot be provided as part of the approval of layout and landscaping (reserved matters). A condition should be imposed on any grant of outline permission to ensure that the buffer forms part of the mitigation to protect any frontage residential development along the principle road through the site.

 

10.95.   With layout, scale and landscaping reserved there is clearly scope for the reserved matters to be progressed in line with the good acoustic design process set out in ProPG. During the course of the application Officers have had reservations about how the two neighbouring land uses (employment and residential) can integrate but as  part of the reserved matters it will be possible to co-ordinate the layout so that the employment and residential elements can function as an extension to those existing uses adjacent to the site. The co-ordination would also allow for the provision of sufficient stand offs from adjacent land use where necessary and pairing/grouping of compatible employment land uses.

 

10.96.   The hybrid application provides the opportunity to control any unacceptable emissions at source through reserved matter approvals. There are possible options to reduce noise impact upon the proposed residents. These include, but not limited to, site layout; room orientation; setting back dwellings from the road frontage; single storey dwellings on the road frontage; orientating the frontage dwellings to have gardens to the rear (west); installation of an acoustic barrier within the buffer zone; and sound insulation through construction design (glazing/trickle vents).

 

10.97.   The application relates to an undeveloped site and the reserved matters process shall ensure that the site is designed and developed to protect existing and proposed dwellings from the ambient noise climate. The conditions specify the parameters to be achieved at reserved matters stage and it is not necessary or appropriate to approve any specific scheme of sound attenuation at this stage. It is anticipated that noise mitigation (taking account of site circumstances) could be a combination of the aforementioned listed options.  

 

10.98.   The Council’s EHO is satisfied and is now in a position to recommend that the matter of noise is dealt with by conditions. Conditions shall be imposed to ensure the reserved matters are informed by suitable noise assessments which appropriately mitigate impacts from the identified noise sources in line with policies that promote health and well-being and prevent the new development from being put at risk from unacceptable levels of noise pollution. 

 

10.99.   There have been concerns raised in relation to air quality impacts. On this matter the Council’s EHO does not disagree with the conclusions of the applicant’s air quality assessment that considers the impact of the development is likely to be negligible except for during the construction phase where dust may have an impact on nearby receptors. Provided the mitigation measures in Appendix C of the assessment are adhered to this should minimise the impact of dust. It is considered that it is unlikely that the development will generate traffic trips numbers that will significantly impact on air quality. However, it will be necessary for potential sources of air pollution (such vehicle trips generated and/or nature and intensity of industrial processes) will be kept under review as reserved matters are brought forward on a plot by plot basis. The applicant has acknowledged that further assessment may be necessary at reserved matters stage.

 

10.100.                There has been concern expressed in relation to the impact of external lighting and the Council’s EHO has made comments on this matter. A condition shall be imposed to ensure the lighting scheme will be dark skies friendly and avoids light spillage from buildings within the employment land into domestic properties.

 

10.101.                Other considerations in respect of residential amenity include the potential of the proposal to result in overlooking or overshadowing of neighbouring properties and whether oppression would occur from the size, scale and massing of the development proposed. In addition to the control afforded at reserved matters stage it is reasonable to impose a condition setting maximum building heights.

 

10.102.                The plans show an indicative layout only but there is scope for suitable rear-to-rear and rear-to-side separation distances between the new dwellings and those on Rosedale Lane. It will be possible at reserved matters stage to secure appropriate separation distances to prevent any harmful mutual overlooking, overshadowing, overbearing impact or loss of light.

 

10.103.                With regard to noise the proposed conditions referred to earlier in this section would ensure acceptable internal and external noise levels for future and existing residents. The construction environmental management plan would ensure construction phase impacts such as noise, air and vibration pollution upon local residents are minimised.

 

10.104.                It is considered that, at outline stage, there is no evidence to indicate that the proposed development once progressed to reserved matters stage is not capable of complying with the requirements of Policy SP20 in respect of applying the highest standards relating to noise and align with the relevant aims of the NPPF in respect of noise pollution and quality of life, health and well-being.

 

Flood Risk and drainage

 

10.105.                The NPPF and Policy SP17 of RPLPS (2013) require development to incorporate sustainable drainage systems and techniques in line with the drainage hierarchy unless there is clear evidence that this would be inappropriate. The development brief for the sites contained within the HLP (2015) require the incorporation of sustainable drainage systems.

 

10.106.                Paragraph 170 of the NPPF (2024) states that; inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk (whether existing or future). Where development is necessary in such areas, the development should be made safe for its lifetime without increasing flood risk elsewhere.

 

10.107.                Paragraph 181 of the NPPF states that; when determining any planning applications, local planning authorities should ensure that flood risk is not increased elsewhere. Where appropriate, applications should be supported by a site-specific flood-risk assessment. Development should only be allowed in areas at risk of flooding where, in the light of this assessment (and the sequential and exception tests, as applicable) it can be demonstrated that: a) within the site, the most vulnerable development is located in areas of lowest flood risk, unless there are overriding reasons to prefer a different location; b) the development is appropriately flood resistant and resilient such that, in the event of a flood, it could be quickly brought back into use without significant refurbishment; c) it incorporates sustainable drainage systems, unless there is clear evidence that this would be inappropriate; d) any residual risk can be safely managed; and e) safe access and escape routes are included where appropriate, as part of an agreed emergency plan.

 

10.108.                Paragraph 182 of the NPPF states that; Applications which could affect drainage on or around the site should incorporate sustainable drainage systems to control flow rates and reduce volumes of runoff, and which are proportionate to the nature and scale of the proposal. These should provide multifunctional benefits wherever possible, through facilitating improvements in water quality and biodiversity, as well as benefits for amenity. Sustainable drainage systems provided as part of proposals for major development should:

 

a) take account of advice from the Lead Local Flood Authority;

b) have appropriate proposed minimum operational standards; and

c) have maintenance arrangements in place to ensure an acceptable standard of operation for the lifetime of the development.

 

10.109.                At its closest point the River Rye is 170 metres west of the site. The site falls within Flood Zone 1. The beck adjacent to the eastern boundary of the site is shown as Flood Zone 3 and the proposals confirm that the future layout will ensure a buffer zone and no development carried out adjacent to the beck in Flood Zone 3.

 

10.110.                The application is accompanied by Flood Risk and Drainage Assessments which confirm that as the site lies in Flood Zone 1 there is no requirement to raise the floor levels above a fluvial flood level and no requirements for flood resilient construction methods to be used.

 

10.111.                The drainage strategy states that ground investigation works will be carried out to confirm ground conditions, including soakaway testing, however, at this stage, it is assumed these will not be viable. It also indicates that connection to the adjacent watercourse has been ruled out due to third party land permission. Foul water will discharge to public combined water sewer.

 

10.112.                The Lead Local Flood Authority (LLFA) initially requested further surface water drainage information which included soakaway tests/infiltration viability and an indicative drainage layout.

 

10.113.                In response the applicant has explained that once a detailed layout is progressed as part of the reserved matters a detailed drainage scheme would be moved forward. The layout would confirm the position of roads, buildings, soft landscaping and drainage attenuation features and will allow for a thorough assessment of the catchment areas.

 

10.114.                Subsequently, the LLFA confirmed that they would be open to conditioning the infiltration testing on the basis that no layout (Reserved Matter) is approved until a suitable drainage strategy has been assessed and approved by the LLFA. The LLFA have explained that good practice guidance, building regulations and their own SuDS Guidance refer to the need for 3 percolation tests at each location and this will be set out in the condition. It is relevant to note that investigations relating to the land to the north the subject of the NYMNPA offices application indicate that infiltration is viable.

 

10.115.                Similarly, Yorkshire Water is content for the developer to provide evidence that the surface water disposal hierarchy has been followed at detailed design stage. This means that discharge of surface water to the public sewer will only be considered once other means of surface water drainage (via infiltration or watercourse) have been considered and evidence shows that they can be discounted.

 

10.116.                If the only viable option is surface water being discharged to public surface water sewer via storage Yorkshire Water recommend that it is limited to one point of connection with a maximum discharge rate of 3.5 litres per second.

           

10.117.                The drainage impact assessment, when read in conjunction with the flood risk assessment, demonstrates that the hierarchy can be followed via a detailed drainage strategy at reserved matters stage. In compliance with the requirements of NPPF the assessment also shows that the site is within Flood Zone 1 and development could proceed without being subject to significant flood risk.

 

10.118.                The Environment Agency has not responded to consultation. The outline drainage strategy is limited but Yorkshire Water and the LLFA have no objections subject to pre-commencement conditions for full details of the drainage and infiltration testing to be submitted to and approved by the Local Planning Authority. In light of this a satisfactory drainage scheme can be developed at reserved matters stage and there is no conflict with Policy SP17 of the RPLPS (2013) or the NPPF on this matter. 

 

Yorkshire Water assets

 

10.119.                Yorkshire Water have highlighted that a public foul rising main and a public surface water sewer are recorded as crossing the site north-south.

 

10.120.                Yorkshire Water state that it may not be acceptable to raise or lower ground levels over the sewers and any inspection chambers on the sewer cannot be built over. A minimum stand-off distance of 3 metres is required at each side of the sewer centre-line. The exact position and size of these assets will be determined by survey at detailed design stage but, based on the outline detail, Yorkshire Water are satisfied that the indicative layout provides sufficient reassurance that the public sewers can be accommodated as part of the development of the site.

 

10.121.                Yorkshire Water request thatconditions are attached to protect the local aquatic environment and Yorkshire Water infrastructure to ensure development provides a protected strip for the public sewers and provision for suitable foul and surface water drainage works. 

 

Biodiversity and ecological impact

 

10.122.                Policy H11 of the HLP (2015) states that; all development proposals within the Plan area should require a net gain in biodiversity and for green infrastructure networks to be enhanced where possible. This will provide opportunities for activity and relaxation and should include the expansion and enhancement of green infrastructure assets. Where there is existing green infrastructure this should be protected. The development briefs in Appendix 1 of the HLP (2015) set out the opportunities of the allocated sites in linking with these green infrastructure networks.

 

10.123.                Policy SP14 of the RPLPS (2013) aims to conserve and enhance biodiversity through the prevention of loss of habitat or species and the incorporation of beneficial biodiversity features.

 

10.124.                The Preliminary Ecology Appraisal (PEA) submitted confirms that the site is predominantly agriculturally-improved grassland with a small area of tall weed vegetation and of relatively low value for biodiversity. The PEA identifies few issues relating to protected or otherwise important species. There are no national or local designated nature conservation sites on or adjoining the site.

 

10.125.                The Council’s Ecologist initially made observations on ecological mitigation and enhancement and requested that reserved matters should include Ecological Impact Assessment (EcIA) and updated Biodiversity Net Gain (BNG) report. The Council’s Ecologist has also highlighted that the beck corridor, which is locally-important for foraging and commuting bats, woodland birds and other wildlife, should be kept free of artificial lighting.

 

10.126.                Policy SP14 of the RPLPS (2013) and the NPPF require a net gain in biodiversity to be provided as part of new development schemes. This is not a scheme which is subject to the mandatory requirement for Biodiversity Net Gain by virtue of Schedule 7A of the Town and Country Planning Act 1990 (inserted by the Environment Act 2021) due to it being made prior to the regulations being enacted.

 

10.127.                Nevertheless, the application is accompanied by a Biodiversity Net Gain (BNG) Appraisal which demonstrates that BNG could be delivered, with provisional figures of 12% uplift for habitat units, 10% for hedgerows and 31% for river units. The BNG report is only provisional and the calculations will need to be repeated at reserved matters stage when a detailed site layout and landscaping plan has been finalised.

 

10.128.                At present the measures set out in the feasibility study would meet the NPPF and Policy SP14 requirements to deliver net gains for biodiversity.

 

Loss of agricultural land

 

10.129.                Policy SP17 of the RPLPS (2013) states ‘Land resources will be protected and improved by…Prioritising the use of previously developed land and protecting the best and most versatile agricultural land from irreversible loss. New land allocations will be planned to avoid and minimise the loss of the Best and Most Versatile Agricultural Land. Proposals for major development coming forward on sites that are not allocated for development which would result in the loss of the Best and Most Versatile Agricultural Land will be resisted unless it can be demonstrated that the use proposed cannot be located elsewhere and that the need for the development outweighs the loss of the resource’.

 

10.130.                Best and most versatile agricultural land is graded 1 to 3a in the Agricultural Land Classification.

 

10.131.                The proposed development would result in the loss of some 3.12 hectares of agricultural land which is currently in pastoral use. The site does not comprise BMV agricultural land. Furthermore, the site allocations take account of the loss of agricultural land to facilitate the development and it can be concluded that the proposed development does not conflict with the aims of Policy SP17 of the RPLPS (2013) in respect of agricultural land resources.

 

Ground contamination

 

10.132.                Policy SP17 of the RPLPS (2013) supports new uses of land which is contaminated where an appropriate scheme of remediation and restoration is agreed and Policy SP20 states that Developers will be expected to address the risks/potential risks posed by contamination and protect all sensitive receptors.

 

10.133.                The applicant’s Phase I report recommends that Phase II site investigations are undertaken to establish the presence/absence of any contamination and quantify the risk to human health set out in the preliminary conceptual site model.

 

10.134.                In light of this the Council’s EHO recommended that the standard contaminated land conditions are imposedto ensure that in the event contamination is discovered, that appropriate remediation and verification is undertaken to prevent potential risks to the future end users of the site in line with adopted policy.

 

Historic environment

 

10.135.                Policy SP12 states that distinctive elements of North Yorkshires historic environment should be conserved and, where appropriate, enhanced. The NPPF requires applications to be accompanied by an appropriate level of assessment.

 

10.136.                There are three round barrows (Schedule Monuments) 200 metres to the north-east of the site which are very well-preserved and do not appear to have been disturbed by antiquarian excavation which has been the case with a large proportion of the barrows in the area.

 

10.137.                The official Historic England entry states ‘The monument includes three round barrows and their associated buried remains, located to the east of Helmsley, south of Linkfoot Lane. The round barrows are regularly spaced, each 70m apart from the next, in a north-south line. They occupy the centre of a slightly raised area of ground above and to the east of Spittal Beck, on the north side of the River Rye. None show any evidence of archaeological excavation or damage by modern farming practices’.

 

10.138.                Subject to there being a limit on the height of the dwellings to two storey and taking account of the separation distance from the barrows it is considered that the development would not result in harm to their setting or significance.

 

10.139.                The application site is on the outskirts of the medieval town of Helmsley. The Council’s Archaeologist has observed that there are very feint traces of former ridge and furrow in the field but it is extremely denuded and of low significance as a result. The Council’s Archaeologist acknowledges that whilst any greenfield site has some archaeological potential, recent archaeological work on the new housing to the immediate north was entirely negative. Therefore, it is unlikely that further archaeological assessment would be productive. On this basis there is no requirement for any conditions requiring archaeological assessment and mitigation to be imposed on any grant of outline permission and no conflict with Policy SP12 of the RPLPS (2013) and the NPPF (2024).

 

Community Infrastructure Levy (CIL)

 

10.140.                Policy H12 (Developer Contributions) of the HLP states “In order to address the necessary improvements to social, physical or utility infrastructure which are required as a result of new development contributions will be sought through either a S106 agreement or through a Community Infrastructure Levy Charging Schedule (CIL) if adopted by Ryedale District Council and the National Park Authority”.

 

10.141.                The former Ryedale area of North Yorkshire Council operates a CIL charging policy and Policy SP22 of the RPLPS (2013) contains a list of infrastructure which can benefit from CIL funding.

 

10.142.                The proposed development is CIL liable at £85 per square metre. This charge would be applicable at the Reserved Matters stage when the total number and floor area of the dwellings is known. The use of CIL payments from this site is a separate matter beyond the scope of the decision making on this outline planning application.

 

Section 106 Legal Agreement

 

10.143.                A Section 106 legal agreement will be required in line with Policies SP3, SP11 and SP22 of the RPLPS (2013) and Policies H3, H12 and H13 of the HLP (2015). A S106 is required to secure the on-site open space provision and maintenance and secure the delivery of the on-site provision of affordable dwellings (mix, tenure, minimum floor area, method of delivery, management of the units, timing of construction, transfer, acquisition prices and occupancy) and any commuted sum if the number of affordable units does not equal a whole number. In addition there are minor highways contributions to off-site improvements and travel plan monitoring.

 

Table 1

Category/Type

Contribution

Amount & Trigger

Affordable Housing

On-site units

40%

Affordable Housing contribution

Financial

If number of AH units to achieve 40% does not equal a whole number of units

POS Delivery, Management  and Maintenance

On-site open space

Delivery to be agreed in Open Space Scheme. To include

informal amenity space (e.g Local Area for Play), or formal children’s playspace (Local Equipped Area for Play or Neighbourhood Equipped Area for Play) dependant on number of units developed (<50 or 50)

A contribution towards footway/cycleway access to existing network

Financial

£5,000

Travel Plan monitoring

Financial

£5,000

 

11.0     PLANNING BALANCE AND CONCLUSION

 

11.1     The proposal is an outline application with all matters reserved for the development of up to 50 dwellings and mixed development of commercial, industrial and storage uses with associated landscaping and infrastructure works.

 

11.2     The development of this site would make an important contribution towards the supply of deliverable housing and employment land within the locality. As such, the principle of proposed development on the application site is in accordance with the planning policy objectives set out in the Helmsley Local Plan (2015) and the Ryedale Plan- Local Plan Strategy (2013).

 

11.3     The application site is on the edge of the Town and close to existing built up areas. Helmsley has a variety of services and facilities that are accessible for pedestrians and cyclists and is served by good bus services.  In terms of access to services and facilities and a choice of mode of transport, the site can be considered as being in a sustainable location with alternatives to car-based travel. It remains the case that, in terms of locational sustainability, this site conforms with Policy SP1 of the RPLPS (2013) and Policy SD1 of the HLP (2015).

 

11.4     The proposal demonstrates that highway matters are acceptable including the indicated access to the site, traffic generation, junction capacity with detailed design and safety measures can be secured as part of the reserved matters approvals. The Local Highway Authority raises no objection to the proposal. Any necessary highway improvements could be secured by conditions and Section 106 legal agreement.

 

11.5     There are a number of concerns raised in third party representations, including noise and disturbance and air quality, road safety concerns, along with the change in the character of the area.

 

11.6     The detailed noise conditions would ensure future and existing residents would be afforded acceptable internal and external noise levels. The future reserved matters submissions would follow the maximum building height conditions and the approval of layout and landscaping would allow for suitable separation distances and acoustic and visual buffers to ensure no harm would arise to residential amenity. The construction environmental management plan required by condition would ensure construction phase impacts such as noise, air and vibration pollution upon local residents are minimised.

 

11.7     The site is on the edge of town but is well contained and would not give rise to encroachment into the open countryside. The landscape and visual impacts are localised and the reserved matters process provides scope for a scheme that reflects good design without giving rise to any landscape or visual sensitivities.

 

11.8     The site is at low risk of flooding, and drainage matters can be controlled by condition to provide suitable drainage that protects adjacent land use and the water environment.

 

11.9     The proposed development can secure policy compliant levels of affordable housing and open space provision with a CIL charge to be calculated as part of the reserved matters. In addition biodiversity net gain can be delivered through the reserved matters.

 

11.10   No objections have been raised by technical consultees in relation to highways, drainage, residential amenity or the environment. A scheme can be developed at reserved matters phase that accords with the principles set out in the development briefs set by the Helmsley Local Plan (2015). 

 

11.11   The proposal generates economic benefits including dedicated employment floor space and job creation in line with the Development Plan allocation. In addition there would be a new homes bonus, increased council tax revenue and increased resident spending in the area. Social benefits include increased housing supply, including affordable housing which are given significant weight. There are further social, health and well-being benefits arising from the provision of public open space with play facilities and environmental enhancement in the form of biodiversity net gain.

 

11.12   Representations have raised concern over a lack of coordination on this and the earlier applications dealing with the NYMNPA offices and housing to the north of the site. Given the nature of the application site, on the edge of the allocation and taking a direct access from Riccal Drive, it is considered that the lack of coordination of this application with others in the vicinity, raises no specific nor problematic issues which would otherwise affect the determination of the application.

 

11.13   The outline application means that there is significant detail that remains to be assessed and agreed at reserved matters stage and as a result any grant of permission would need to be accompanied by a robust list of conditions.

 

11.14   The site has been allocated for some time for both housing and employment uses. In the view of Officers, given that planning operates under a plan led system, which gives certainty for local residents and land owners alike, over an extended period, the principle of employment and residential uses are already established through the HLP (2015). The outline proposals are  considered to be in accordance with the principles of the allocations. Officers are of the view that reserved matters applications, conditions and the legal agreement can ensure that the development proceeds in line with the site-specific criteria and policies of the HLP (2015) and RPLPS (2013).

 

11.15   It is concluded, on balance, that had the LPA been determining the application, material considerations indicate the proposal would have been recommended for approval subject to prior completion of a Section 106 and the conditions listed below.

 

 

12.0     RECOMMENDATION

 

12.1     It is recommended that Planning Committee conclude that had the LPA been determining the application permission would have been granted subject to prior completion of a Section 106 legal agreement with terms as detailed in Table 1 and the conditions listed below.

 

            Recommended conditions:

 

Reserved Matter approval 

 

1          No development shall take place on any individual parcel within a phase or sub-phase, as defined on the Phasing Plan approved under Condition 4, without the prior written approval of the Local Planning Authority of all details of the following reserved matters:

 

(a) access: 

(b) appearance; 

(c) landscaping; 

(d) layout, including internal roads; and 

(e) scale. 

 

Thereafter the development shall not be carried out otherwise than in strict accordance with the approved details. 

 

Reason: To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters. 

 

 

 

Commencement time limit

 

2     The first application for the approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission.  The development hereby permitted shall be begun on or before the expiration of two years from the final approval of reserved matters or in the case of approval on different dates, the final approval of the last such matter to be approved.

 

Reason: To ensure compliance with Section 51 of the Planning and Compulsory Purchase Act 2004.

 

3     The commencement of each development parcel pursuant to this outline permission shall begin before the expiration of two years from the date of the last reserved matter of that parcel to be approved. 

 

Reason: To prevent the accumulation of unimplemented planning permissions and in accordance with the requirements of section 51 of the Planning and Compulsory Purchase Act 2004.

 

Phasing Plan 

 

4          Prior to the approval of details of the access, appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") and infrastructure, a Phasing Plan shall be submitted to the Local Planning Authority for approval in writing. Reserved matters applications for each of the phases or sub phases  identified in the approved Phasing Plan shall be submitted to and approved in writing by the Local Planning Authority before any development in that particular phase or sub phase begins, and the development shall be carried out as approved unless otherwise agreed in writing with the Local Planning Authority. 

 

Reason: To ensure a phased development of the site.  

 

Approved plans

 

5     The development hereby permitted shall be carried out in accordance with the following approved plan:

 

       Location Plan, ref. (PL)01, dated June 2022

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

6          The details to be submitted for approval of the matters reserved by Condition 1 above shall be broadly in accordance with the detail shown on the Indicative Capacity Sketch ref. (PL) 03, Rev A dated 09.01.2025.

 

Reason: To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters.

 

Layout

 

7          The layout and arrangement of land uses shall be broadly in accordance with that shown on the Indicative Capacity Sketch ref. (PL) 03, Rev A dated 09.01.2025. The layout shall provide for a central buffer between the employment and residential land uses.

 

Reason: To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters and to comply with the Development Briefs contained within the Helmsley Local Plan (2015).

Amount and location of development (residential)

 

8          The development hereby permitted shall comprise no more than 50 dwellings which shall be development in the eastern parcel (shaded orange) as shown on the Indicative Capacity Sketch ref. (PL) 03, Rev A dated 09.01.2025.

 

Reason: To safeguard the rights of control by the Local Planning Authority and to comply with the Development Brief for Site 174 contained within the Helmsley Local Plan (2015).

 

Restriction on density

 

9          The development hereby permitted shall achieve a minimum density of 25 dwellings per hectare for the residential development site shown on the Indicative Capacity Sketch ref. (PL) 03, Rev A dated 09.01.2025.

 

Reason: In order to ensure efficient use of land and to satisfy Policies SP4 and SP20 of the RPLPS (2013).

 

Housing mix

 

10        The reserved matters application(s) for the residential development shall provide details of the housing mix which is to be agreed in writing by the Local Planning Authority.

 

Reason: To ensure a mixed and balanced community is created and to comply with the Development Brief for Site 174 contained within the Helmsley Local Plan (2015)..

 

 

Amount and location of development (live/work units)

 

11        The development hereby permitted shall comprise no more than 4 live/work units which shall be located in the buffer to be provided between the employment land and residential development.

 

Reason: To safeguard the rights of control by the Local Planning Authority and to comply with the Development Briefs contained within the Helmsley Local Plan (2015).

 

Live/work unit

 

12        For each live/work unit the business floorspace shall be finished ready for occupation before the residential floorspace is occupied and commencement of the residential use shall not precede commencement of the business use.

 

Reason: To safeguard the rights of control by the Local Planning Authority and the orderly progression of development.

 

Live/work unit (Use Classes Order - removal of rights)

 

13        The business floorspace of the live/work unit shall not be used for any purpose other than purposes within Use Class E (sub classes c- g), of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

 

Reason: To safeguard the rights of control by the Local Planning Authority.

 

 

 

 

Live/work unit (restriction)

 

14        The residential floorspace of the live/work unit shall not be occupied other than by a person solely or mainly employed, or last employed, in the business occupying the business floorspace of that unit, a widow or widower or surviving civil partner of such a person, and to any resident dependants.

 

Reason: To safeguard the rights of control by the Local Planning Authority.

 

Amount and location of development (Use Classes E (sub classes c- g), B2 & B8)

 

15        The development hereby permitted shall comprise no more than 3,513m² of employment floor space comprising a mix of commercial and business units falling within Use Class E (sub classes c-g)and General industrial and storage and distribution units (Use Classes B2 & B8) which shall be development in the western parcel (shaded yellow) as shown on the Indicative Capacity Sketch ref. (PL) 03, Rev A dated 09.01.2025.

 

The commercial and business units falling within Use Class E shall not be used for any ‘Main town centre uses’ as defined by the NPPF (2024).

 

 

Reason: To safeguard the rights of control by the Local Planning Authority and to provide for a suitable layout and density of development in compliance with Policy SP16 of the RPLPS (2013).

 

Scale

 

16        The height of the dwellinghouses hereby approved shall be limited to a maximum of 2 storeys. The height of the buildings within the employment land shall be limited to a maximum of 10 metres to the apex.

 

Reason: In order to ensure a satisfactory external appearance and to protect residential amenity to satisfy Policy SP20 of the RPLPS (2013) and Policies H8 and H9 of the HLP (2015).

 

Noise Impact Reports (Employment land)

 

17        Every Reserved Matters application for any phase of employment development must include a Noise Impact Report (NIR) for the development proposed in that application, shall be submitted to the Local Planning Authority for approval. The NIR shall include details for noise during deliveries and times of deliveries. The NIR should also contain details of all machinery, plant and equipment to be installed in or located on premises within that phase of the employment land development, which is audible outside of the premises. These details shall include average sound levels (LAeq), octave band noise levels and any proposed noise mitigation measures. The machinery, plant or equipment and any approved noise mitigation measures shall be fully implemented and operational before the first use of the premises and shall be maintained thereafter for the lifetime of the development.

 

Note: The combined rating level of any building service noise associated with plant or equipment at the site should not exceed the representative LA90 1 hour during the hours of 07:00 to 23:00 or representative LA90 15 minutes during the hours of 23:00 to 07:00 at 1 metre from the nearest noise sensitive facades when assessed in accordance with BS4142: 2014, inclusive of any acoustic feature corrections associated with tonal, impulsive, distinctive or intermittent characteristics.

 

Reason: In order to protect the amenity of nearby properties and to satisfy Policy SP20 of the RPLPS (2013).

Residential noise levels

 

18        Every Reserved Matters application for each phase of residential development shall demonstrate by means of acoustic modelling that indoor ambient noise levels from continuous anonymous noise and from pass by traffic noise in all proposed dwellings within that phase will be commensurate with Table 1 below and in accordance with the highest standards outlined by the World Health Organisation, as follows:

 

Table 1 - Indoor ambient noise levels for dwellings

 

Activity

 

Location

 

07:00 to 23:00

 

Resting

 

Living room

 

35 db LAeq,16hour

 

Dining

 

Dining room/area

 

40 db LAeq,16hour

 

Sleeping(daytime resting

 

Bedroom

 

35 db LAeq,16hour

 

23:00 to 07:00

30 db LAeq,16hour

 

45 db LAmax should not be exceeded more than 15 times during the night time

 

 

The acoustic study shall provide details of noise levels that are to be achieved in all habitable rooms for all dwellings in each phase of residential development.

 

Unless otherwise agreed in writing with the Local Planning Authority, the acoustic study shall also demonstrate that outdoor ambient noise levels, e.g. in private gardens and amenity spaces shall not exceed (for continuous anonymous noise) 50 dB LAeq(16 hours) when assessed at the head height of a seated person of 1.2 metres.

 

Unless otherwise agreed in writing with the Local Planning Authority, the acoustic study shall demonstrate that indoor levels in Table 1 can be achieved with windows to habitable rooms partially open.

 

Thereafter the development shall be undertaken in accordance with the approved scheme and thereafter maintained for the lifetime of the development.

 

Reason: In the interest of amenity and in order to satisfy the requirements of Policies SP16 and SP20 of the RPLPS (2013).

 

Noise mitigation scheme

 

19   A noise mitigation scheme shall be submitted for approval to the LPA. It shall include measures to protect residents from both industrial noise and traffic noise and shall consist of means of protecting outdoor amenity areas, to achieve a level of steady continuous noise of 50 dBA leq, 8 hrs daytime, or a level no more than 5 dBA above background for industrial or tonal noise . Mitigation shall consist of orientation, design, and barrier methods and shall be modelled to show how this can be achieved.

 

In order to protect from sleep disturbance and annoyance, the scheme shall demonstrate that levels of 30dBA can be achieved at night-time(23:00 to 07:00) with partially open windows, without need for mechanical ventilation. Levels of 45dBA Lmax shall be not be exceeded more than 15 times per night Daytime levels of 35dBA shall be achieved with partially open windows.

 

Reason: In order to protect residential amenity and in order to satisfy the requirements of the RPLPS (2013).

 

Non domestic dust, odour and fume assessment (employment land)

 

20    Prior to the approval of reserved matters for any phase of employment development involving industrial and/or storage and distribution use a dust, odour and fume mitigation scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall detail the measures that will be implemented to ensure that any adverse impacts associated with the development does not cause detriment to amenity of existing and proposed residential and other sensitive uses. The development shall be carried out in accordance with the approved details.

Reason: In the interest of amenity and in order to satisfy the requirements of Policies SP16 and SP20 of the RPLPS (2013).

 

Construction Environmental Management Plan

21        Prior to commencement of each phase of the development, a Construction Environmental Management Plan (CEMP) for minimising the creation of noise, vibration and dust during the site preparation and construction phases of the development shall be submitted to and approved in writing by the Local Planning Authority. The CEMP must include a site specific risk assessment of dust, noise and vibration impacts in line with the guidance provided by IAQM (see http://iaqm.co.uk/guidance/) and include a package of mitigation measures commensurate with the risks identified in the assessment. All works on site shall be undertaken in accordance with the approved CEMP, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interest of amenity and in order to satisfy the requirements of Policies SP16 and SP20 of the RPLPS (2013).

 

Lighting

 

22        Prior to installation details of a scheme for external lighting/illumination shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall provide data on the predicted lighting levels, including the vertical illuminance levels, at all sensitive premises due to the proposed scheme and confirm hours of operation. The lighting schemes shall be implemented in accordance with the approved details and retained thereafter. The lighting scheme should take account of the recommendation of the Ecological Impact Assessment (EcIA) particularly with regard to any lighting near Spittle Beck.

 

Reason: In the interest of amenity and protected species and in order to satisfy the requirements of Policies SP14, SP16 and SP20 of the RPLPS (2013).

 

Hours of operation (employment land)

 

23   Prior to each business/commercial unit being first brought into use the developer/operator shall first agree the operating hours in writing with the Local Planning Authority. The agreed operating hours shall confirm the hours within which any machinery will be operated, processes carried out and deliveries taken at or despatched from the site (including loading/unloading) on weekdays, weekends and Bank/Public Holidays. 

 

Reason: In order to protect the amenity of nearby properties and to satisfy Policy SP20 of the RPLPS (2013).

 

Hours of HGV movements

 

24        No HGV movements to or from the employment land shall take place between the hours of 11pm and 7am.

 

Reason: In order to protect the amenity of nearby properties and to satisfy Policy SP20 of the RPLPS (2013).

 

Hours of construction 

 

25   Any excavation, construction work or ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority,  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 of the RPLPS (2013).

 

Drainage

 

26        The site shall be developed with separate systems of drainage for foul and surface water on and off site.The separate systems should extend to the points of discharge to be agreed.

             

Reason: In the interests of satisfactory and sustainable drainage in accordance with Policy SP17 of the RPLPS (2013)..

 

27   There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to: i) evidence that other means of surface water drainage have been properly considered and why they have been discounted; and ii) the means of discharging to the public sewer network at a rate to be agreed by the Local Planning Authority in consultation with the statutory sewerage undertaker.

 

Reason: To ensure that no surface water discharges take place until proper provision has been made for its disposal in accordance with Policy SP17 of the RPLPS (2013).

28   No building or other obstruction including landscape features shall be located over or within 3 metres either side of the centre line of the public sewer i.e. a protected strip width of 6 metres that crosses the site. Furthermore, no construction works in the relevant area(s) of the site shall commence until measures to protect the public sewerage infrastructure that is laid within the site boundary have been implemented in full accordance with details that have been submitted to and approved by the Local Planning Authority. The details shall include but not be exclusive to the means of ensuring that access to the pipe for the purposes of repair and maintenance by the statutory undertaker shall be retained at all times. If the required stand-off or protection measures are to be achieved via diversion or closure of the sewer, the developer shall submit evidence to the Local Planning Authority that the diversion or closure has been agreed with the relevant statutory undertaker and that, prior to construction in the affected area, the approved works have been undertaken.

 

Reason: In the interest of public health and maintaining the public sewer network in accordance with Policy SP17 of the RPLPS (2013)..

 

Percolation testing

 

29   The development shall not commence until percolation testing to determine soil infiltration rate are carried out in accordance with BRE 365 Soakaway Design (2003) and CIRIA Report 156 Infiltration drainage - manual of good practice (1996).

 

Method of test must be relevant to proposed SuDS. Testing must be carried out at or as near as possible to the proposed soakaway location (no greater than 25m from proposed soakaway for uniform subsoil conditions. For non-uniform subsoil conditions testing must be carried out at the location of the soakaway). Testing must be carried out at the appropriate depth for proposed SuDS (e.g. invert level, base level of soakaway etc.) relative to existing ground levels.

 

Three percolation tests are to be performed at each trial pit location to determine the infiltration rate, where possible. Where slower infiltration rates are experienced, testing must be carried out over a minimum period of 24 hours (longer if 25% effective depth is not reached). 25% effective depth must be reached. Extrapolated test data will not be accepted.

 

The results of the percolation testing shall be presented in a Ground Investigation report which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.

 

Reason: To ensure the site is properly drained, to determine surface water destination and to prevent flooding to properties in accordance with Policy SP17 of the RPLPS (2013)..

 

Drainage Design

 

30   Prior to the approval of the layout (reserved matter) for any phase of the development hereby approved a drainage strategy detailing foul and surface water drainage shall be submitted to and approved in writing by the Local Planning Authority in consultation with the LLFA. The scheme to be submitted shall demonstrate that the surface water drainage system(s) are designed in accordance with the standards detailed in North Yorkshire County Council SuDS Design Guidance (or any subsequent update or replacement for that document). The scheme shall detail phasing of the development and phasing of drainage provision, where appropriate. Principles of sustainable urban drainage shall be employed wherever possible. The works shall be implemented in accordance with the approved phasing. No part or phase of the development shall be brought into use until the drainage works approved for that part or phase has been completed.

 

Reason: To ensure the provision of adequate and sustainable means of drainage in the interests of amenity and flood risk in accordance with Policy SP17 of the RPLPS (2013)..

 

Maintenance

 

31   No development shall take place until a suitable maintenance of the proposed SuDS drainage scheme arrangement has been demonstrated to the Local Planning Authority. Details with regard to the maintenance and management of the approved scheme to include; drawings showing any surface water assets to be vested with the statutory undertaker/highway authority and subsequently maintained at their expense, and/or any other arrangements to secure the operation of the approved drainage scheme/sustainable urban drainage systems throughout the lifetime of the development.

 

Reason: To prevent the increased risk of flooding and to ensure the future maintenance of the sustainable drainage system in accordance with Policy SP17 of the RPLPS (2013)..

 

Spittle Beck

 

32        There will be development or no ground raising adjacent to Spittle Beck in Flood Zone 3 on the eastern perimeter of the site

 

Reason: To reduce the risk of flooding to the proposed development and to prevent the transference flood risk to nearby communities in compliance with Policy SP17 of the RPLPS (2013)..

 

Detailed Plans of Road and Footway Layout 

 

33        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 of the RPLPS (2013).. 

 

Construction of Adoptable Roads and Footways 

 

34        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 of the RPLPS (2013). 

 

Delivery of off-site highway Works 

 

35        The following schemes of off-site highway mitigation measures must be completed as indicated below: 

 

 

Please note: Drainage, lighting, linage and signage details will need to be assessed at the detailed design stage and improvements/modifications provided in line with NYC’s design requirements and in consultation with the Local Highway’s Authority.

 

For each scheme of off-site highway mitigation, except for investigative works, no excavation or other groundworks or the depositing of material on site in connection with the construction of any scheme of off-site highway mitigation or any structure or apparatus which will lie beneath that scheme must take place, until full detailed engineering drawings of all aspects of that scheme including any structures which affect or form part of the scheme have been submitted to and approved in writing by the Local Planning Authority. 

 

An independent Stage 2 Road Safety Audit [commissioned in accordance with NYC protocol] carried out in accordance with GG119 - Road Safety Audits or any superseding regulations must be included in the submission and the design proposals must be amended in accordance with the recommendations of the submitted Safety Audit prior to the commencement of works on site. 

 

 

A programme for the delivery of that scheme and its interaction with delivery of the other identified schemes must be submitted to and approved in writing by the Local Planning Authority prior to construction works commencing on site. 

 

Each item of the off-site highway works must be completed in accordance with the approved engineering details and programme. 

 

Reason: As access to the development is a reserved matter, the inclusion of this condition controls future road improvement scenarios to ensure that the design is appropriate and in the interests of the safety and convenience of highway users.in compliance with Policy SP20of the RPLPS (2013). 

 

Details of Access, Turning and Parking at Land off Riccall Drive, Helmsley

 

36        There must be no excavation or other groundworks, except for investigative works, or the depositing of material on the site in connection with the construction of the access road or building(s) at Land off Riccall Drive until full details of the following have been submitted to and approved in writing by the Local Planning Authority:

 

vehicular, cycle, and pedestrian accesses;

vehicular and cycle parking;

vehicular turning arrangements including measures to enable vehicles to enter and leave the site in a forward gear, and;

loading and unloading arrangements.

 

No part of the development in each phase must be brought into use until the vehicle access, parking, manoeuvring and turning areas for that phase of development at Land off Riccall Drive, Helmsley 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 ensure appropriate on-site facilities in the interests of highway safety and the general amenity of the development in compliance with Policy SP20of the RPLPS (2013). 

 

 

Parking for Dwellings 

 

37        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 of the RPLPS (2013).

 

Travel Plans

 

38        Prior to the first occupation of the development, a Travel Plan must be submitted to and approved in writing by the Local Planning Authority. The Travel Plan will include:

 

agreed targets to promote sustainable travel and reduce vehicle trips and emissions within specified timescales and a programme for delivery;

a programme for the delivery of any proposed physical works;

effective measures for the on-going monitoring and review of the travel plan;

a commitment to delivering the Travel Plan objectives for a period of at least five years from first occupation of the development, and;

effective mechanisms to achieve the objectives of the Travel Plan by both present and future occupiers of the development.

 

The development must be carried out and operated in accordance with the approved Travel Plan. Those parts of the Approved Travel Plan that are identified therein as being capable of implementation after occupation must be implemented in accordance with the timetable contained therein and must continue to be implemented as long as any part of the development is occupied.

 

Reason: To establish measures to encourage more sustainable non-car modes of transport in compliance with Policy SP20 of the RPLPS (2013).

 

Construction Management Plan (Highways)

 

39        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 including measures for removal following completion of construction works;

2. restriction on the use of Riccall Drive access for construction purposes;

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 of the RPLPS (2013).  

 

Crime prevention measures

 

40        No development shall commence in any phase until a scheme of crime prevention measures has been submitted to and approved in writing by the Local Planning Authority. The scheme shall provide rationale and mitigation that takes account of the observations, advice and recommendations contained within the Designing out Crime Report ref: 269‐1‐2023 MR, prepared by Mr. Mark Roberts (Designing Out Crime Officer) dated, 05.06.2023. The development shall be implemented in accordance with the approved details.

 

Reason: To provide a safe and secure environment by reducing the opportunities for crime and anti‐social behaviour and to comply with paragraphs 96 and 135 of the NPPF (2024) and Policy SP16 of the RPLPS (2013)..

 

Contaminated Land

 

41        Development shall not begin until an investigation and risk assessment to determine if any contamination is present on the proposed development site and establish if there are any viable exposure pathways and whether there is an unacceptable risk to future end users of the site. The investigation and risk assessment should be undertaken by a competent person with the report findings submitted to and approved in writing by the Local Planning Authority.  This shall include an appropriate survey of the nature and extent of any contamination affecting the site, and an assessment of the potential risks to human health, controlled waters, property and ecological systems.  Reports shall be prepared in accordance with Contaminated Land Report 11 and BS 10175 (2013) Code of practice for the investigation of Potentially Contaminated Sites.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other receptors and to satisfy Policy SP17 of the RPLPS (2013) and the NPPF.

42        Where land affected by contamination is found which poses risks identified as unacceptable, no development or remediation shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use has been submitted to and approved in writing by the Local Planning Authority.  The scheme must include proposed remediation objectives and remediation criteria, an appraisal of remedial options and proposal of the preferred option(s), all works to be undertaken, and a description and programme of the works to be undertaken including the verification plan.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other receptors and to satisfy Policy SP17 of the RPLPS (2013) and the NPPF.

43        Unless otherwise agreed in writing by the Local Planning Authority, the development shall not be occupied until the approved scheme of remediation has been completed, and a verification report demonstrating the effectiveness of the remediation carried out has been submitted to and approved in writing by the Local Planning Authority. The verification report shall include a description of the works undertaken and a photographic record where appropriate, the results of any additional monitoring or sampling, evidence that any imported soil is from a suitable source, and copies of relevant waste documentation for any contaminated material removed from the site.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other receptors and to satisfy Policy SP17 of the RPLPS (2013) and the NPPF.

44        In the event that contamination is found at any time when carrying out the approved development, that was not previously identified, it must be reported immediately to the Local Planning Authority, and work must cease until an appropriate investigation and risk assessment must be undertaken. Where remediation is necessary, a remediation scheme must be prepared by competent persons and submitted to the Local Planning Authority for approval.  Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.        

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other receptors and to satisfy Policy SP17 of the RPLPS (2013) and the NPPF

 

Biodiversity Net Gain 

 

45        Prior to the approval of any reserved matters applications relating any phase of the development hereby approved a report detailing the biodiversity value of the site and its value following the development hereby approved shall be submitted to the Local Planning Authority for approval in writing. The delivery of BNG shall be quantified using the government’s Biodiversity Metric 4.0 tool or any successor to show the balance of losses and gains. The report should demonstrate how the site will achieve a net biodiversity gain (non-mandatory). The proposed enhancement measures shall be implemented in accordance with the approved details and shall be retained in that manner thereafter. 

 

Reason: To comply with Policy SP14 of the RPLPS (2013) which requires a net gain in biodiversity as part of new development schemes.

 

Ecological Impact Assessment 

 

46        Prior to the approval of any reserved matters applications relating any phase of the development hereby approved an Ecological Impact Assessment shallbe submitted to the Local Planning Authority for approval in writing. The assessment should detail the ecological mitigation and enhancement measures and incorporate relevant recommendations made in Section 7 of the Preliminary Ecological Appraisal, produced by Envirotech NW Ltd, dated 07.12.2022. The development shall be implemented in accordance with the approved details. 

 

Reason: In the interests of nature conservation and enhancement in accordance with Policy SP14 of the RPLPS (2013).

 

Materials palette (employment land)

 

47        Prior to the commencement of any aboveground construction work for the units within the employment land a detailed materials palette shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure a satisfactory appearance and to achieve a high standard of design to satisfy the requirements of Policies SP16 and SP20of the RPLPS (2013). 

 

Material samples (employment land)

 

48        Prior to the commencement of any aboveground construction work for the units within the employment land 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. 

 

Reason: To ensure a satisfactory appearance and to achieve a high standard of design to satisfy the requirements of Policies SP16 and SP20of the RPLPS (2013). 

 

Materials palette (residential)

 

49        Prior to the commencement of any aboveground construction work for the dwellings hereby approved a detailed materials palette based on the dwellings being predominately of natural stone and red brick construction shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure a satisfactory appearance and to achieve a high standard of design to satisfy the requirements of Policies SP16 and SP20of the RPLPS (2013). 

 

Material samples (residential)

 

50        Prior to the commencement of any aboveground construction work for the dwellings hereby approved 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. 

 

Reason: To ensure a satisfactory appearance and to achieve a high standard of design to satisfy the requirements of Policies SP16 and SP20of the RPLPS (2013). 

 

Material sample panel(s) (residential)

 

51        Prior to the commencement of any aboveground construction work for the dwellings hereby approved 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 appearance and to achieve a high standard of design to satisfy the requirements of Policies SP16 and SP20of the RPLPS (2013). 

 

 

Windows and doors (residential)

 

52        Prior to the commencement of any aboveground construction work for the dwellings hereby approved details of all windows, doors and garage doors, including means of opening and external finish shall be submitted to and approved in writing by the Local Planning Authority. 

 

Reason: To ensure a satisfactory appearance and to achieve a high standard of design to satisfy the requirements of Policies SP16 and SP20of the RPLPS (2013). 

 

Materials (surfaces) 

 

53        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 appearance and to achieve a high standard of design to satisfy the requirements of Policies SP16 and SP20of the RPLPS (2013). 

 

Site levels

 

54        Prior to the commencement of any aboveground construction work for the dwellings hereby approved precise details of existing spot ground levels and the finished floor levels of each dwelling 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 of the RPLPS (2013).

 

Boundary treatments 

 

55        Prior to the commencement of any aboveground construction work details of the proposed means of enclosure and boundary treatments shall be submitted to and approved in writing by the Local Planning Authority. 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 to satisfy the requirements of Policies SP16 and SP20 of the RPLPS (2013). 

 

Retention of existing planting

 

56        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 to satisfy the requirements of Policies SP16 and SP20 of the RPLPS (2013). 

 

Tree protection scheme (approval of details) 

 

57        No development shall take place or any materials brought onto site until the specification for root protection area (RPA) fencing and ground protection measures in line with the requirements of British Standard BS 5837: 2012 Trees in Relation to Construction – Recommendations, or any subsequent amendments to that document, around the trees or shrubs or planting to be retained, as indicated on the approved plan and for the entire area as specified in accordance with BS 5837:2012 has been submitted to and approved in writing by the Local Planning Authority.  The developer shall maintain such fences and ground protection until all development the subject of this permission is completed.  

 

Reason:To ensure that existing landscape features are not damaged and to enhance the development hereby permitted to satisfy the requirements of Policies SP16 and SP20 of the RPLPS (2013). 

 

Tree protection

 

58        No operations shall commence on site in connection with the development hereby approved (including any demolition work, soil moving, temporary access construction and/or widening or any operations involving the use of motorised vehicles or construction machinery) until the root protection area (RPA) and ground protection works required by the approved tree protection scheme (Condition 57 above) are in place. The level of the land within the fenced areas shall not be altered without the prior written consent of the Local Planning Authority.  

 

Reason: To preserve trees and hedges on the site in the interests of visual amenity and the character of the area to satisfy the requirements of Policies SP16 and SP20 of the RPLPS (2013).. 

 

Landscape scheme 

 

59        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 and densities, species, tree and plant sizes, and positions of all trees and shrubs, specifications and schedules, phasing of planting/timing of implementation, earthworks, seeding or turfing, existing plants to be retained and showing how new landscaping relates to any underground services and existing landscape features. 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 to satisfy the requirements of Policies SP16 and SP20 of the RPLPS (2013). 

 

Commencement of planting 

 

60        All planting, seeding or turfing set out in the details approved in Condition 59 shall be carried out in accordance with the approved phasing plan and the scheme shall be completed prior to the first occupation of the 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 to satisfy the requirements of Policies SP16 and SP20of the RPLPS (2013). 

 

Arboricultural Method Statement

 

61        No development shall take place until a full Arboricultural Method Statement shall be submitted to and approved in writing by the Local Planning Authority which shall include numbering and detailing trees, confirming root protection areas, routing of service trenches, overhead services and carriageway positions and any details of no dig techniques along with associated use of geotextiles and an indication of the methodology for necessary ground treatments to deal with compacted areas of soil. The works shall implemented in accordance with the approved details.

           

Reason: To preserve trees and hedges on the site in the interests of visual amenity and the character of the area in accordance with Policies SP16 and SP20of the RPLPS (2013).

 

Public Open Space

 

62        The reserved matters application(s) for the residential development shall provide a layout that includes a detailed scheme for the provision of public open space including informal amenity space and the provision of a Neighbourhood Equipped Area for Play (NEAP). The public open space scheme and play space shall be completed in accordance with the approved details and prior to the first occupation of the residential development and thereafter maintained throughout the lifetime of the development.

 

Reason: In order to improve public recreation and provide for on-site formal children’s playspace to satisfy Policy SP11 of the RPLPS (2013) and Policy H13 of the HLP (2015).

Electric Vehicles Charging Points

63        The reserved matters application(s) for the employment land development shall provide a layout that makes provision forelectric vehicle charging points. Thereafter the scheme shall be implemented as approved and the charging points shall thereafter be permanently retained in good working condition.

Reason: To promote sustainable transport to satisfy Policy SP18 of the RPLPS (2013) and Policy H10 of the HLP (2015).

Garage Conversion to Habitable Room

 

64   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or any subsequent Order, any garage(s) provided within the residential development hereby approved 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 NYC document Interim Parking Standards 2015 in compliance with Policy SP20 of the RPLPS (2013)..

 

Removal of permitted development rights  

 

65        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) for the residential development hereby approved 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 SP16 and SP20 of the RPLPS (2013).

 

Use Classes (employment land)

 

66        Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, or any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order, the units within the employment land hereby approved shall be restricted to Use Classes E (sub classes c- g), B2 and B8 only and shall not be used for any other use class whatsoever including any other sub use class within Class E without express planning consent from the Local Planning Authority first being obtained.

 

Reason: In order to ensure the units hereby approved are available for their intended use and to meet the identified employment needs within the area in perpetuity and in order to protect the employment operations on this site and the adjoining sites from possible complaints, and in the interests of ensuring sustainable development. This condition is therefore needed to satisfy Policies SP6, SP19 and SP20 of the RPLPS (2013).and Policy H5 of the HLP (2015).

 

INFORMATIVES

 

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.

 

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

 

Delivery of off-site highway works

 

Notwithstanding any valid planning permission for works to amend the existing highway, there must be no works in the existing highway until an Agreement under Section 278 of the Highways Act 1980 has been entered into between the Developer and North Yorkshire Council as the Local Highway Authority. To carry out works within the highway without a formal Agreement in place is an offence.

 

Details of Access, Turning and Parking

 

The proposals should cater for all types of vehicles that will use the site. The parking standards are set out in North Yorkshire County Council’s ‘Interim guidance on transport issues, including parking standards’ and subsequent amendments available at

https://www.northyorks.gov.uk/sites/default/files/fileroot/Transport%20and%20streets/Roads%2C%20highways%20and%20pavements/Interim_guidance_on_transport_issues__including_parking_standards.pdf

 

Travel Plans

 

Details of issues to be covered in a Travel Plan can be found in Interim Guidance on Transport Issues, including Parking Standards at:

 

https://www.northyorks.gov.uk/sites/default/files/fileroot/Transport%20and%20streets/Roads%2C%20highways%20and%20pavements/Interim_guidance_on_transport_issues__including_parking_standards.pdf

 

Public Rights of Way

 

i) There is a Public Right of Way or a ‘claimed’ Public Right of Way within or adjoining the application site boundary – please see plan attached to PRoW consultation response dated 21.02.2023.

ii) If the proposed development will physically affect the Public Right of Way permanently in any way an application to the Local Planning Authority for a Public Path Order/Diversion Order will need to be made under S.257 of the Town and Country Planning Act 1990 as soon as possible. Please contact the Local Planning Authority for a Public Path Order application form.

iii) If the proposed development will physically affect a Public Right of Way temporarily during the period of development works only, an application to the Highway Authority (North Yorkshire County Council) for a Temporary Closure Order is required. Please contact the County Council or visit their website for an application form.

iv) The existing Public Right(s) of Way on the site must be protected and kept clear of any obstruction until such time as an alternative route has been provided by either a temporary or permanent Order.

v) It is an offence to obstruct a Public Right of Way and enforcement action can be taken by the Highway Authority to remove any obstruction.

vi) If there is a “claimed” Public Right of Way within or adjoining the application site boundary, the route is the subject of a formal application and should be regarded in the same way as a Public Right of Way until such time as the application is resolved.

vii) Where public access is to be retained during the development period, it shall be kept free from obstruction and all persons working on the development site must be made aware that a Public Right of Way exists, and must have regard for the safety of Public Rights of Way users at all times.

 

Applicants should contact the County Council’s Countryside Access Service at County Hall, Northallerton via CATO@northyorks.gov.uk to obtain up-to-date information regarding the exact route of the way and to discuss any initial proposals for altering the route.

 

Scale/House types

 

In the event that at reserved matters stage the development is for 50 dwellings then the LPA will seek at least 5% of the new homes to be built as bungalows providing this is viable in conjunction with other requirements or where there are overriding reasons why this cannot be achieved in terms of urban design.

 

Appearance

 

Previous work undertaken for the Helmsley Town Team by Bauman Lyons Architects, provides useful analysis and consideration of design principles in developing this site.

 

Construction Environmental Management Plan

The scheme to be submitted under condition should take account of the matters raised (‘CONSTRUCTION NOISE AND DUST CONTROL’) in the response from the Council’s EHO dated 12.02.2025. 

 

Drainage

 

The LLFA requests that they are invited to observe the soakaway testing if this is possible.

 

Acoustic design

It is acknowledged that good acoustic design and suitable noise mitigation (taking account of site circumstances) could take the form of bunds, barriers and fences, buffers including open space and landscaping, internal layout within dwellings and orientation of dwellings and the use of acoustic glazing and alternative means of ventilation.

Advertisement consent- illuminated signage

 

Future applications for advertisement consent for illuminated signage on premises within the employment land hereby permitted should take account of the comments contained within the response from the Council’s EHO dated 12.02.2025. 

 

 

Target Determination Date: 28.04.2023 (most recent extension of time agreement expired 20.09.2024)

 

Case Officer: Alan Goforth, alan.goforth@northyorks.gov.uk