North Yorkshire Council
Community Development Services
Scarborough and Whitby Area Planning Committee
13th August 2026
25/03921/RG3 - Public realm improvements to Scarborough Station forecourt, including alterations to accessible parking, taxi rank and drop-off areas, together with the creation of a pedestrian plaza and changes to pedestrian areas at the junction of Westborough, Northway and Valley Bridge Road at Central Railway Station, Westborough, Scarborough, North Yorkshire YO11 1TN on behalf of North Yorkshire Council
Report of the Head of Development Management –
Community Development Services
1.0 Purpose of the report
1.1 To determine a planning application (25/03921/RG3) on land at the Central Railway Station, Westborough, Scarborough for public realm improvements, including alterations to accessible parking, taxi rank, and drop-off areas, together with the creation of a pedestrian plaza and changes to pedestrian areas at the junction of Westborough, Northway, and Valley Bridge Road.
1.2 In accordance with the Constitution, the application has been brought to the Scarborough and Whitby Area Planning Committee as the Council is the applicant.
2.0 SUMMARY
2.1 RECOMMENDATION: Planning permission be GRANTED subject to the conditions listed at the end of this report.
2.2 In principle, your Officers consider the proposal to be in accordance with Local Plan Policy INF1 of the Local Plan. Other key issues such as design, impact on heritage assets, access and parking and ecology are all considered acceptable, complying with Local Plan Policies DEC1, DEC5 and ENV5.
2.3 It should be noted that there is a separate listed building consent application.
3.0 PRELIMINARY MATTERS
3.1 Access to the case file on Public Access can be found here.
3.2 Members should be aware that Part 9 (Development relating to roads) and Part 12 (Development by Local Authorities) of Schedule 2 of the Town and Country Planning (General Permitted Development Order) 2015 (as amended) would ordinally apply to some elements of this proposal. These give the Council broad rights for development within the highway and other infrastructure without having to apply for planning permission.
3.3 However, in this case all the works are subject to this application and included within the red line site location plan. The main reason for this is that the “stopping up” of the highway is required over part of the site. The applicant proposes to make an application to the Secretary of State to authorise the stopping up under s247 the Town and Country Planning Act 1990 if planning permission is granted.
Relevant planning history
3.4 SCA22/02501/RG3 - Public realm works comprising relocation of the station taxi rank to rear and associated landscaping. Alterations to station building to facilitate pedestrian access to the rear. Installation of landscaping, planting, street furniture, and public art features to front. Planning permission was granted for these works in May 2023, but they have not been implemented, and the permission has now lapsed.
3.5 This current proposal differs in that the taxi rank and disabled parking spaces will remain on the front forecourt of the Station, accessed off Westborough, resulting in the pedestrian area being reduced in scale to what was previously approved. The reasoning for this is the practical constraints of moving the taxi rank and accessible parking bays and cost implications.
4.0 Site and Surroundings
4.1 This application relates to the Scarborough Station forecourt, part of the existing Station car park to the west, the traffic island in between Valley Bridge Road (A165) and two pedestrian corners of this junction.
4.2 In terms of context, the site lies immediately adjacent to the junctions of the A64, Valley Bridge Road, Northway, and Westborough. The site is surrounded by a range of town centre uses including leisure (notably the Stephen Joseph Theatre to the north), retail, other commercial uses, and residential units.
4.3 With respect to planning designations and constraints, the application site is within the Scarborough Town Centre Area and is immediately adjacent to the Primary Shopping Area, both defined in the Scarborough Borough Local Plan. The whole application site lies within the Scarborough Conservation Area.
4.4 Scarborough Station is a Grade II listed building dating from 1845, with the retaining wall and railings of the Station along Valley Bridge Road being separately Grade II listed. There are several other listed buildings in the vicinity including the Stephen Joseph Theatre (formerly the Odeon Cinema), West Square, and the Westborough Methodist Church.
5.0 Description of Proposal
5.1 This application seeks planning permission for public realm improvements to the Scarborough Station forecourt, including alterations to the accessible parking, taxi rank, and drop-off areas, together with the creation of a pedestrian plaza and changes to pedestrian areas at the junction of Westborough, Northway, and Valley Bridge Road.
5.2 The details of the proposals are as follows:
· Hard and soft landscaping to the front of the Station building, including planting and paving.
· The paved area beyond the proposed bollards, which will be a protected pedestrian zone (finished with stone pavers) leading to the pedestrian crossing over Valley Bridge Road.
· Within the south-east portion of the site, one new tree is proposed with further planting and a low-level wall containing a rain garden.
· New black, steel railings, and bollards are proposed on the pedestrian crossing refuge along Valley Bridge Road, to match the railings on the Station side of the road.
· New planters along the northern edge of the site, with integral seating facing onto Westborough, located behind the existing bus shelters.
· Three benches between the bus shelters.
· A block paved rumble strip at the entrance into the forecourt.
· New paving for vehicle and pedestrian areas across the forecourt and to the east of the station building.
· Two accessible parking bays to the west of the station building, with new paving extended in this area.
· The northern taxi rank will be replaced by three accessible parking bays, which are currently situated to the east of the building.
· The southern part of the car park will provide four taxi spaces and two drop off spaces.
· The existing mini roundabout to the front of the Station building will be replaced by a vehicle turning area. There will be a mix of fixed and removable bollards around the internal road to allow for maintenance access.
· Further planters, benches, trees, and tactile paving are proposed on the two corner areas, opposite the station where Westborough meets Valley Bridge Road and Northway.
5.3 During the course of the application, an amended heritage statement and a road safety audit have been submitted at the request of consultees.
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 planning application in accordance with the planning policies that comprise the Development Plan unless material considerations indicate otherwise.
Adopted Development Plan
6.2 The Adopted Plan for this site is the Scarborough Borough Local Plan 2011 to 2032 adopted 2017. Relevant policies are:
Policy INF1: Transport
Policy DEC1: Principles of Good Design
Policy DEC4: Protection of Amenity
Policy DEC5: The Historic and Built Environment
Policy ENV3: Environmental Risk
Policy ENV5: The Natural Environment
Emerging Development Plan
6.3 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
6.4 National Planning Policy Framework 2025
The Government began a consultation exercise on a new draft of the NPPF. The consultation exercise has now concluded. Whilst draft proposed changes to national policy can be treated as a material consideration, Officers are of the view that given that this is only subject to consultation and represents no change from current policy and no more than negligible weight should be given to the suggested change/ changes.
7.0 Consultation Responses
7.1 Scarborough Town Council - neither objects nor supports the application.
Concerned about the low number of public drop-off spaces. The forecourt currently serves a wide range of users, including rail passengers, taxi services, community transport, and private vehicles assisting those with limited mobility.
The proposed layout risks insufficient drop-off provision, particularly once the designated disabled bays are occupied.
This raises serious accessibility concerns for older people, disabled users, and those with hidden disabilities who may not qualify for Blue Badge parking but still require close access.
Clarification needed around the allocation, management, and long-term availability of the remaining spaces within the forecourt. Clearer information in this regard would help provide reassurance that public access will continue to be appropriately maintained for station users and the wider community.
Concern regarding the proposed removal of existing trees within the forecourt. The trees make a positive contribution to the character and environmental quality of the area, helping to soften what is otherwise a hard, urban space.
Welcome further detail on replacement planting or the introduction of new flora, to ensure that environmental enhancement and biodiversity are adequately addressed within the scheme.
7.2 Local Highway Authority (LHA) - no objection in principle to improvements and supports the overall objective of improving pedestrian priority, place function, and the legibility of the station gateway environment.
The proposed layout includes a maintenance and vehicle turning head located within land that is currently publicly maintainable highway (refer to drawing 24044-APS-XX-XX-DR-A-151-P2 NR Land Transfer). The LHA acknowledges that implementation of the proposed layout will require the stopping up of the affected highway land through the appropriate statutory process. The LHA has no material objection to this approach for the purposes of the planning application.
Given that there are no objections to the proposal in highway terms, detailed design matters, including turning head configuration, pedestrian movement optimisation and Road Safety Audit recommendations, can continue to be developed through the detailed design stage and any subsequent approval processes required by the LHA.
The proposed revisions to accessible parking provision, taxi rank operation and drop off areas are acceptable in principle, subject to detailed design development. It is noted that the scheme seeks to rationalise vehicular movements while improving pedestrian permeability, which is supported in highway terms.
All servicing, maintenance access and operational requirements must be managed so as not to obstruct the public highway or compromise pedestrian safety, particularly during peak demand periods.
The proposals include the introduction of non-standard assets within the adopted public highway, including bespoke paving materials, street furniture, planters, landscaping features and associated infrastructure.
As these elements create an ongoing maintenance liability for the Highway Authority, commuted sums will be required to cover the cost of their long-term maintenance. As it has been confirmed that a Section 278 Agreement is not being pursued, the LHA requires that the necessary commuted sums are calculated and secured through a Section 106 Agreement.
This is a standard requirement where non-standard or above-standard highway assets are proposed to be adopted.
Conditions are suggested regarding detailed plans of the road and footway layout, visibility splays from Westborough, provision of approved access, turning and parking areas at Scarborough Station and a construction management plan.
7.3 Yorkshire Water - object as it appears from the submitted site layout, that buildings and structures will be sited over public water supply infrastructure.
7.4 Ecologist - no objection.
The BNG assessment indicates that a 33.52% uplift would be achieved via on-site tree planting and other landscaping. The proposals are appropriate to the setting and location.
7.5 Tree and Landscape Officer - no objection. Recommend all outlined trees have protective measures that are implemented in full.
7.6 Building Conservation Officer - supports the application.
This proposal for public realm works, both within the station forecourt and extending in part across one of the town’s most significant crossroads, would have a considerable impact on the setting of Scarborough Station (Grade II), the setting of nearby Grade II listed buildings, including the retaining wall and railings that are separately Grade II listed and the wider Scarborough Conservation Area.
It is considered that the proposed scheme with its much more coherent design, extended paving and pedestrian areas and sympathetic street furniture represents a significant improvement on the existing rather dated and visually messy station forecourt and thereby, serves to enhance the character and appearance of this part of the Conservation Area and setting of the listed station building in a way that allows the station to function as required by a modern public transport hub, catering for vehicles and the demands of different users.
There will be less than substantial harm to the significance of the heritage assets, requiring the identified harm to be outweighed by public benefits arising from the scheme.
It is considered that the public benefits of the overall scheme of providing visual and environmental improvements and a more pedestrian friendly and accessible space, outweigh the less than substantial harm arising from the proposal.
7.7 Designing out Crime – no comments to make.
The site location comprises of two areas, one of which falls under the ownership of Network Rail and therefore, in terms of Policing, is the responsibility of British Transport Police (BTP) and the remaining area being the responsibility of North Yorkshire Police (NYP).
Local Representatives
7.8 A comment has been received from a local resident. It states that the existing planters are worth retaining and should not be removed. They were built at the time the SJT Theatre was built in 1936 as part of public realm infrastructure in connection with the prominent town centre site's re-development.
As the planters reflect the theatre's modernist streamlined style - Art Deco was highly fashionable then, and the planters are an integral part of the street scene outside the theatre. Their value to the Art-Deco Street scene should be kept, and they should not be destroyed. Passengers leaving the station look across at the theatre and the planters are integral with that impressive 'look' of inter-war-built heritage. It deserves to be kept in a Conservation Area, and here especially in its deteriorating condition.
8.0 Environmental Impact Assessment
8.1 The development proposed does not fall within Schedule 1 or 2 of the Environmental Impact Assessment Regulations 2017 (as amended). No Environmental Statement is required.
9.0 Main Issues
9.1 The main issues are:
· Principle of Development
· Design
· Impact upon Heritage Assets
· Highway safety
· Ecology
10.0 Assessment
Principle of Development
10.1 Local Plan Policy INF1 (Transport) is supportive of proposals to improve accessibility which support economic, tourism and sustainable regeneration. This includes promoting Scarborough town centre as a strategic public transport hub, including the Station, improving bus routes, services, and passenger facilities, particularly those serving the rural areas and improving bus, pedestrian, and cycle links to rail stations.
10.2 The proposals are different to what was approved previously in 2023 whereby the entire forecourt of the Station was to be pedestrianised. This proposal retains the taxi drop off, turning area and disabled parking within the forecourt; albeit reconfigured to reduce the amount of “highway.” There will therefore be an increase in the pedestrian area as you approach the Westborough/Valley Bridge Road junction.
10.3 The proposal is to improve pedestrian accessibility and sustainable transport options around the station, together with stimulating regeneration of a key area within the town complies with this policy and, subject to the proposal complying with other relevant Local Plan Policies and material considerations, the scheme is considered acceptable in principle.
Design
10.4 Local Plan Policy DEC1 (Principles of Good Design) requires that new development creates attractive and desirable places where people want to live, work and invest, and to reduce carbon emissions. Proposals should reflect the local environment, elements of public realm should be attractive, safe, accessible, and well connected to their surroundings and existing features of landscaping should be retained that enhance the natural and built environment.
10.5 It is considered that re-purposing the station's forecourt would create an attractive hard and soft landscaping scheme including greenery that gives the area an open and spacious character and would be a considerable improvement over the existing, which has evolved over time in an uncoordinated manner, to meet changing functional requirements.
10.6 There will planters along the northern edge of the site, with integral seating facing onto Westborough, located behind the existing bus shelters and three benches between the bus shelters that will provide an attractive, safe, accessible area of public realm. In isolation, these works could be carried out under permitted development rights.
10.7 The existing trees will be retained with a further tree planted along the Valley Bridge Road boundary to provide a greener approach to the Station. Low level planting is also proposed within the seating areas.
10.8 In terms of the hard surfacing, there will be various paving across the site, with most of the pedestrianised area directly to the front of the Station and the main pedestrian area approaching the Westborough/Valley Bridge Road junction being "Buff Yorkshire” paving. The paving is considered an improvement on the existing Tarmac areas, and a condition is suggested for samples of the paving to be submitted and approved prior to use.
10.9 A block paved rumble strip at the entrance into the forecourt will be installed. Two accessible parking bays to the west of the station building will be formed, with new paving extended in this area. The northern taxi rank will be replaced by three accessible parking bays. The southern part of the car park will provide four taxi spaces and two drop off spaces. The existing mini roundabout to the front of the Station building will be replaced by a vehicle turning area. There will be a mix of fixed and removable bollards around the internal road to allow for maintenance access. These works will provide a safe and accessible area for vehicles and general users of the area, and the hard surfacing paving is considered appropriate. In isolation, these works could be carried out under permitted development rights.
10.10 Although separate from the Station, the style of hard landscaping would continue to the Westborough/ Valley Bridge Road and Westborough/ Northway corners as a 'visual extension' to the station's proposed new forecourt. The planters, benches, trees, and tactile paving will provide users with a safe and green area to sit and cross the road. In isolation, these works could be carried out under permitted development rights. The black steel railings at this junction will also visually improve this area and create a visual link with the railings at the Station.
10.11 It is considered that replacing poor quality tarmac with more attractive paving, providing a more traditional style of boundary railing, and the overall increase in soft landscaping across the site will significantly improve the overall character and appearance of the area. The overall scheme offers a coherent and appropriate design, which complies with Local Plan Policy DEC1 and Section 12 of the NPPF.
Impact upon Heritage Assets
10.12 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that special attention be paid in the exercise of planning functions to the desirability of preserving and enhancing the character and appearance of a Conservation Area.
10.13 Section 16 (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) requires that in deciding applications the local authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.
10.14 Local Plan Policy DEC5 (The Historic and Built Environment) states that development which affects the Conservation Area should preserve or enhance its character. It also states that proposals affecting a designated heritage asset should conserve those elements which contribute to its significance. Harm to such elements will be permitted only where this is outweighed by the public benefits of the proposal.
10.15 Section 16 of the National Planning Policy Framework (NPPF) sets out the Government's national planning policies for dealing with applications which impact heritage assets.
10.16 Paragraph 212 of the NPPF states:
When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance.’
10.17 Paragraph 215 of the NPPF states:
Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.
10.18 This full planning application is concerned with the impact of the public realm works, both within the station forecourt and extending in part across one of the town’s most significant crossroads, upon the setting of Scarborough Station (Grade II), the setting of nearby Grade II listed buildings, including the retaining wall and railings that are separately Grade II listed and the wider Scarborough Conservation Area.
10.19 The Council’s Building Conservation Officer has raised no objection to the proposal in that it results in less than substantial harm to the above identified heritage assets. The entrance forecourt to Scarborough Railway Station (Grade II) serves as a key arrival point to the town, whether by rail, bus, or road, with important sightlines along Westborough. The station is widely recognised as the ‘front door’ to Scarborough.
10.20 The works would substantially alter the appearance of the station forecourt, and the setting of associated and nearby listed assets, as well as alter key views towards the south-west corner of this principal town centre junction. The scheme represents the most significant single-phase change to the station entrance forecourt since the inter-war layout established in the 1930s.
10.21 Overall, the Building Conservation Officer and Case Officer considers that the proposal would amount to ‘less than substantial harm’ to heritage assets. Paragraph 215 of the NPPF states where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.
10.22 While the scheme creates a more pedestrian-focused environment, the proposed layout still affords a strong degree of priority to vehicles, which remain a dominant feature within the forecourt. At present, at least ten different paving treatments are indicated to clearly mark pedestrian and vehicular routes, including: highway footway paving; forecourt paving; taxi rank and disabled parking bays; access road paving (including a herringbone block-paved rumble strip); an additional marked area at the entrance (cross-hatched yellow); road crossing treatments; pedestrian crossing paving and paving associated with bollards, seating, and loading areas.
10.23 While the use of varied paving materials can be beneficial in traffic-calming and in creating a more pedestrian-friendly environment, an overly complex palette risks creating visual clutter and undermining the coherence of the historic setting.
10.24 It is considered that a more limited and coordinated range of materials could be used to maintain a clear and legible public realm. The Heritage Justification Report, however, emphasis that the reasons for multiple paving types as a deliberate accessibility and wayfinding strategy to make the space ‘legible, safer and easier to use.’
10.25 It is considered that the proposed scheme with its much more coherent design, extended paving and pedestrian areas and sympathetic street furniture represents a significant improvement on the existing rather dated and visually messy station forecourt and thereby, serves to enhance the character and appearance of this part of the Scarborough Conservation Area and setting of the listed station building in a way that allows the station to function as required by a modern public transport hub, catering for vehicles and the demands of different users.
10.26 It is considered that the public benefits of the overall scheme of providing visual and environmental improvements and a more pedestrian friendly and accessible space, outweigh the less than substantial harm arising from the proposal.
10.27 It is considered, therefore, that the proposal complies with Local Plan Policy DEC5 and Section 16 of the NPPF.
Highway safety
10.28 Local Plan Policy DEC1 (Principles of Good Design) states that proposals need toprovide suitable and safe vehicular access and suitable servicing and parking.
10.29 The Local Highway Authority have raised no objection in principle to improvements and supports the overall objective of improving pedestrian priority, place function, and the legibility of the station gateway environment.
10.30 The quantum of proposed disabled parking is the same as existing, albeit two spaces have been moved next to the entrance point of the main car park. The taxi rank is located adjacent to the Station and will be operated on a permit only basis. There will be a crossing from the front of the station onto Westborough.
10.31 The Local Highway Authority have asked for a condition relating to detailed plans of the road and footway layout. It must be stressed that this condition relates to engineering drawings as shown on the proposed layout plan and cannot lead to a redesign of the scheme. A Stage 2 Road Safety Audit has also been requested; however, a Stage 1 Audit has been submitted at the request of the Highway Authority who have accepted its finding. It would be inappropriate to require a Stage 2 audit by condition after planning permission has been granted.
10.32 The implementation of the proposed layout will require the “stopping up” of affected highway land through the appropriate statutory process. The Local Highway Authority has raised no objection to this approach, and it is considered acceptable.
10.33 Given that there are no objections from the Local Highway Authority, the detailed design matters, including turning head configuration, pedestrian movement optimisation and Road Safety Audit recommendations, can continue to be developed through the detailed design stage and any subsequent approval processes required by the Local Highway Authority.
10.34 The Local Highway Authority have also asked for a Construction Management Plan to be required by planning condition. However, most of the requirements of this are covered by separate highway legislation, under the Highways Act 1980. The Government's guidance on the use of planning conditions is clear that Council's should not apply conditions which duplicate existing primary legislation, or where there is an alternative means of managing certain matters.
10.35 The Local Highway Authority has requested a S106 Agreement for a commuted sum to pay for the future maintenance of nonstandard highway features. They have, however, been previously advised that the Council, as applicant cannot legally enter a S106 with itself. Furthermore, it is understood that a separate arrangement, out with the planning system has been put in place to cover these costs.
10.36 It is considered that the proposal provides a suitable and safe vehicular access and necessary servicing and parking provision, in accordance with Local Plan Policy DEC1.
Ecology
10.37 Local Plan Policy ENV5 (The Natural Environment) states that proposals should respond positively and seek opportunities for the enhancement of species, habitats or other assets thereby resulting in a net gain in biodiversity.
10.38 BNG requirements are mandatory in England under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021), subject to some limited exemptions. As such, the developer must deliver a BNG of at least 10%. The submitted plans outline how this is intended on being achieved on site, with a baseline assessment of the existing habitats included. The full BNG and planting details will be confirmed through the submission of additional information required by the deemed planning condition, which requires submission of a Biodiversity Gain Plan (BGP).
10.39 The Council's Ecologist has raised no objection to the information at the current stage. However, it is now mandatory to submit and gain approval of a BGP, which can only be submitted and approved after permission has been granted. This would be covered through the statutory biodiversity net gain condition attached to most planning approvals.
10.40 The Council's Ecologist has raised no objection at this stage. The BNG assessment indicates that a 33.52% uplift could be achieved via on-site tree planting and other landscaping so BNG ‘trading rules’ would, therefore, be met. It is considered that the proposals are appropriate to the setting and location and comply with Local Plan Policy ENV5 and the NPPF.
Additional considerations
10.41 Local Plan Policy DEC4 requires that new development affords a good level of amenity to new residents, and it precludes development that would harm the amenity of neighbouring property.
10.42 Officers do not consider that the amenity of other town centre users, including that of businesses and residences, will be harmed because of the proposal. There will be little change to the nature and level of activity in and around this key town centre transport hub as a direct result of these proposals. The standard of amenity will remain which is consistent with what can be expected from a core town centre location which includes retail and night-time uses.
10.43 The site is located within Flood Zone 1 and not within an area of surface water risk. The proposal does not increase the amount of hard surfacing in the area (it substitutes existing hard surfacing for new) and as such the amount of run-off will not increase the risk of flooding on the site or elsewhere, complying with Local Plan Policy ENV3 and the NPPF.
10.44 Yorkshire Water’s objection is, in part, due to their lack of information on the precise location of their own asset (the water main and meter). The proposed scheme may or may not affect this infrastructure. If it does, it can be dealt with either by the diversion or stopping up of the main as appropriate. This is fundamentally a matter between the applicant and Yorkshire Water and would need a separate agreement outside of the planning system. In terms of planning, it can be dealt with by a condition to ensure that no structure is placed within a 3-metre buffer distance of the water main or, if necessary, evidence is submitted to confirm that a diversion has been agreed. This condition has been imposed on previous planning approvals and worked successfully.
11.0 Planning Balance and Conclusion
11.1 In principle, your Officers consider the proposal to be in accordance with Local Plan Policy INF1 of the Local Plan. Other key issues such as design, impact on heritage assets, access and parking and ecology are all considered acceptable, complying with Local Plan Policies DEC1, DEC5 and ENV5. There are no other material considerations which would justify not approving this scheme.
11.2 In conclusion, Officers consider the proposals to be acceptable, subject to the recommended conditions.
12.0 RECOMMENDATION
Planning permission be GRANTED subject to the conditions and informative listed below:
1) Time
The development hereby permitted shall begin on or before three years from the date of this permission.
Reason: To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990.
2) Approved plans
The development shall be carried out in accordance with the details shown on the following approved plans and documents, unless the Local Planning Authority first approves any variation:
· Location Plan 24044-APS-XX-XX-DR-A-001 - received 11th November 2025
· Proposed Site Plan 24044-APS-XX-XX-DR-A-100-T4 – received 8th June 2026
· Softworks General Arrangement Plan 24044-APS-XX-XX-DR-A-100-T3 - received 24th March 2026
· Proposed Street Furniture 24044-APS-XX-XX-DR-A-106-T2 - received 8th June 2026
· Proposed Paving Plan 24044-APS-XX-XX-DR-A-107-T2 - received 8th June 2026
· Proposed HVM Strategy 24044-APS-XX-XX-DR-A-170-T1 - received 2nd February 2026.
· Accessibility Strategy 24044-APS-XX-XX-DR-A-171-T1 - received 2nd February 2026.
Reason: For the avoidance of doubt.
3) Materials
Notwithstanding the submitted details, a detailed schedule, including such samples as may be required, of all top-layer hard surface materials, including areas in the public highway for comparison purposes, shall be submitted to and approved in writing by the Local Planning Authority before any top-layer hard surfacing takes place. All surfaces shall be finished in accordance with the approved details within12 months of any part of the existing top surface being removed. Future maintenance works shall be carried out in materials to match those approved in the schedule.
Reason: To ensure the character of the Conservation Area and Listed Building is preserved in accordance with Local Plan Policy DEC5.
4) Detailed plans of road and footway layout
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.
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 accordance with Local Plan Policy DEC1.
5) Visibility splays
There must be no access or egress by any vehicles between the highway and the application site until splays are provided in accordance with 24044-APS-94-XX-SK-C-3103 P01 Indicative Vis Splay. In measuring the splays, the eye height must be 1.05 metres, and the object height must be 0.6 metres. Once created, these visibility splays must be maintained clear of any obstruction and always retained for their intended purpose.
Reason: In the interests of highway safety, in accordance with Local Plan Policy DEC1.
6) Landscaping
The detailed planting scheme as shown on the “Softworks General Arrangement” Plan (25_BHA_1012_APS_L_001_A_) received 24th March 2026 shall be implemented as approved in full within 12 months of the substantial completion of the development hereby approved.
In the event of any of the trees, shrubs or other plants so planted dying or being seriously damaged or destroyed within 5 years of the completion of the development, a new tree, shrub or other plant of equivalent number and species shall be planted as a replacement.
Reason: To ensure the soft landscaping benefits of the proposal are carried out and maintained, to ensure the character of the area is improved in accordance with Local Plan Policies DEC1 and DEC5.
7) Trees
Those trees shown to be retained on the approved drawings shall be retained and shall be protected during construction in accordance with the methodology set out at section 6 of the submitted Arboricultural Report by Elliot Consultancy Ltd (ref: ARB/AE/3011, dated October 2025). Should any of the trees to be retained be damaged during construction works, they shall be replaced with specimens of the same species, size, height upon planting, and form within 12 months of the substantial completion of the development.
Reason: To ensure existing trees are appropriately managed to secure their long-time survival to protect the character and biodiversity of the area, complying with Local Plan Policies DEC1 and ENV5.
8) Lighting
No floodlighting or other form of external lighting except for highway lighting (i.e. highway streetlamps illuminating the public highway) shall be installed until their details including location, height, type and direction of light sources and intensity of illumination have been submitted to and approved in writing by the Local Planning Authority. The specification of any lighting which is so installed shall not thereafter be altered.
Reason: To ensure the character of the Conservation Area is preserved in accordance with Local Plan Policy DEC5.
9) BNG
Prior to the commencement of this development, a scheme for the implementation of the approved Biodiversity Gain Plan (BGP), required by the deemed planning condition attached to this permission, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include the following:
- A timetable for the implementation and completion of the biodiversity enhancement measures set out in the approved BGP.
- Proposals for the maintenance and monitoring of the on-site biodiversity enhancement measures. Where the biodiversity enhancements proposed in the BGP are "significant" in relation to the pre-development baseline biodiversity value of the site, provision shall be made for their maintenance and monitoring.
- Proposals for the submission of monitoring reports to the Local Planning Authority.
The scheme as approved shall be implemented in its entirety in accordance with the timetable set out in the approved scheme or such other period which may subsequently be approved in writing by the Local Planning Authority.
The Local Planning Authority shall be notified in writing within 28 days of the date of completion of the development (including completion of the on-site habitat enhancements).
If the development has commenced but completion of development is not reached, and construction works have ceased for a period of 12 months, notice shall be served to the Local Planning Authority in writing within 13 months of the last construction works on site.
If the development (excluding any approved on-site habitat enhancements) is not completed, the on-site enhancements shall still be implemented in full in accordance with the timetable set out the approved BGP and they shall be maintained and monitored in accordance with the provisions set out in the approved Plan.
Reason: To meet the requirements of Schedule 7A of the Town and Country Planning Act to achieve biodiversity net gain. To respond positively and seek opportunities for the enhancement of species, habitats, and other assets to result in a net gain in biodiversity, in accordance with Local Plan Policy ENV5.
Note: "Significant increases from the on-site pre-development biodiversity value" is the term used in the Environment Act.
10) Sewer
No structure or other obstruction including landscaping features shall be located over or within three metres either side of the centre line of the 3-inch diameter of the water main or meter, i.e. a protected strip width of six metres, which may be present on the site. If the required stand-off distance is 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 other construction work in the affected area, the approved works have been undertaken.
Reason: To allow sufficient access for maintenance and repair work.
Informatives
BNG
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition "(the biodiversity gain condition") that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be North Yorkshire County Council.
There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These are listed below.
Based on the information available this permission is one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements listed below are considered to apply.
The following is suggested text for inclusion in the decision notice where the local planning authority considers that the permission falls within paragraph 19 of Schedule 7A to the Town and Country Planning Act 1990.
The permission which has been granted has the effect of requiring or permitting the development to proceed in phases. The modifications in respect of the biodiversity gain condition which are set out in Part 2 of the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 apply.
In summary: Biodiversity gain plans are required to be submitted to, and approved by, the planning authority before development may be begun (the overall plan), and before each phase of development may be begun (phase plans).]
Statutory exemptions and transitional arrangements in respect of the biodiversity gain condition.
1. The application for planning permission was made before 12 February 2024.
2. The planning permission relates to development to which section 73A of the Town and Country Planning Act 1990 (planning permission for development already carried out) applies.
3. The planning permission was granted on an application made under section 73 of the Town and Country Planning Act 1990 and
(i)the original planning permission to which the section 73 planning permission relates* was granted before 12 February 2024: or
(ii)the application for the original planning permission* to which the section 73 planning permission relates was made before 12 February 2024.
4. The permission which has been granted is for development which is exempt being:
4.1 Development which is not 'major development' (within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015) where:
i) the application for planning permission was made before 2 April 2024.
ii) planning permission is granted which has effect before 2 April 2024; or
iii) planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 where the original permission to which the section 73 permission relates* was exempt by virtue of (i) or (ii).
4.2 Development below the de minimis threshold, meaning development which:
i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and
ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric).
4.3 Development which is subject of a householder application within the meaning of article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. A "householder application" means an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse which is not an application for change of use or an application to change the number of dwellings in a building.
4.4 Development of a biodiversity gain site, meaning development which is undertaken solely or mainly for the purpose of fulfilling, in whole or in part, the Biodiversity Gain Planning condition which applies in relation to another development, (no account is to be taken of any facility for the public to access or to use the site for educational or recreational purposes, if that access or use is permitted without the payment of a fee).
4.5 Self and Custom Build Development, meaning development which:
i) consists of no more than nine dwellings.
ii) is carried out on a site which has an area no larger than 0.5 hectares; and
iii) consists exclusively of dwellings which are self-build or custom housebuilding (as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015).
4.6 Development forming part of, or ancillary to, the high-speed railway transport network (High Speed 2) comprising connections between all or any of the places or parts of the transport network specified in section 1(2) of the High-Speed Rail (Preparation) Act 2013.
* "original planning permission means the permission to which the section 73 planning permission relates" means a planning permission which is the first in a sequence of two or more planning permissions, where the second and any subsequent planning permissions are section 73 planning permissions.
Irreplaceable habitat
If the onsite habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans.
The Biodiversity Gain Plan must include, in addition to information about steps taken or to be taken to minimise any adverse effect of the development on the habitat, information on arrangements for compensation for any impact the development has on the biodiversity of the irreplaceable habitat.
The planning authority can only approve a Biodiversity Gain Plan if satisfied that the adverse effect of the development on the biodiversity of the irreplaceable habitat is minimised and appropriate arrangements have been made for the purpose of compensating for any impact which do not include the use of biodiversity credits.
The effect of section 73D of the Town and Country Planning Act 1990 If planning permission is granted on an application made under section 73 of the Town and Country Planning Act 1990 (application to develop land without compliance with conditions previously attached) and a Biodiversity Gain Plan was approved in relation to the previous planning permission ("the earlier Biodiversity Gain Plan") there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the section 73 planning permission is granted.
Those circumstances are that the conditions subject to which the section 73 permission is granted:
i) do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and
ii) in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
Statutory Processes
To make the submitted proposals acceptable to the Local Highway Authority a Highway Stopping Up Order is required which is a separate process. You should not commence your permitted works until a Stopping Up order has been made by the Secretary of State.
Target Determination Date: 17th August 2026
Case Officer: Charlotte Cornforth
Email: Charlotte.Cornforth@northyorks.gov.uk