Agenda item

Report of Head of Development Management – Community Development Services.

Considered –

 

The Head of Development Management – Community Development Services sought determination of a planning application for the demolition of the former petrol station and the erection of 6 no. self-contained residential apartments and associated parking on land at the site of Skellbank Garage, Skellbank, Ripon.  The application had initially been considered by the Committee on 2 June 2025 when Members resolved that they were minded to grant the application, but the decision was deferred subject to the receipt of a satisfactory gypsum report and for planning conditions which were to be presented back to the Committee at the earliest opportunity.

 

Since the application was considered by Committee a ground investigation has been undertaken.  To a depth of 35m no open voids were found, although the sold strata did entomb former voids filled with debris, which was taken as being from their formal partial collapse.  The presence of gypsum was recorded.  However, no certainty had been provided that such foundations could be used without undue harm being caused to the adjacent listed buildings and further site investigation was required.

 

The Senior Planning Officer stated that he had advised the applicant that because the premises was in a Conservation Area, a second application was required to demolish the building and that a second investigation was needed to prove that power driving was the appropriate method.

 

The following persons spoke in accordance with the Council’s public participation scheme:

 

Councillor Andrew Williams on behalf of Ripon City Council.

Mr Richard Mowat, agent for the applicant.

 

During consideration of the application, Members discussed the following issues:

 

-        The site had been an eyesore for some time.

-        The development of six flats was welcome and it was rare to get an applicant coming forward to develop a tricky site.

-        Car parking – six spaces would be provided.

-        Did not see any value in requiring a separate application for demolition of the site, because this would prolong determination of the application, and the resulting choices would still be the same.

 

The Committee did not agree with the officer’s recommendation for a deferment and it was

 

Resolved –

 

That, the application is GRANTED subject to the conditions set out in the report and replicated below including an additional condition set out at paragraph 3 together with the completion of a Section 106 Agreement for £2500 contribution to update the parking restrictions in line with the proposed junction changes at Skellbank junction by means of amended yellow lines following the kerbing and related Traffic Regulation Order required for such a change.  

 

That the application be deferred by officer for Legal Agreement

 

1       The development hereby permitted shall be begun on or before three years from the date of this permission.

 

2       The development hereby permitted shall be carried out in accordance with the following documents:-

        

         a) 3xa Design drawings;

         267-P.101 rev E Proposed Site Plan / Roof Plan dated 21.02.25

         267-P.102 rev C Proposed Ground Floor Plan dated 21.02.25

         267-P.103 rev B Proposed First Floor Plan dated 21.02.25

         267-P.104 rev B Proposed Second/Third Floor Plan dated 21.02.25

         267-P.106 rev E Proposed South Elevation dated 26.06.25

         267-P.107 rev D Proposed East Elevation dated 26.06.25

         267-P.108 rev D Proposed West Elevation dated 26.06.25

         267-P.109 rev D Proposed North Elevation dated 24.06.25

         267-P.110 rev E Proposed Section Looking West dated 24.06.25

         267-P.111 rev C Proposed Roof Plan dated 24.06.25

         267-P.112 rev B Street Elevation Looking North dated 24.06.25

        

         b) Foundation works mitigation contained in Section 4 of the Mason Clark Associates Piling feasibility review report no.MCA-23540-Y-RP-01-R0 dated 16 October 2025 and which shall be equally applied to the adjacent  unlisted building to the east side of the application site.

        

         c) S 3xa Design Sustainable Design Statement rev A dated October 2025.

 

3       Prior to the commencement of development (excluding site clearance and investigation works), full details of the foundation design for the development hereby granted shall be submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in strict accordance with the approved details .

 

4       Prior to the commencement of development (excluding site clearance and investigation works),  a Safety Audit of the off-site highway mitigation measures of junction protection and pedestrian improvement works shown on 3Xa Design drawing 267-P.101 rev E Proposed Site Plan / Roof Plan dated 21.02.25 must be submitted to and approved in writing by the Local Planning Authority.

 

5       Prior to the commencement of development (excluding site clearance and investigation works), satisfactory written evidence of the purchase of the necessary off-site area units to achieve 10% Biodiversity Net Gain, including any achieved on site, from a local habitat bank that is registered with Natural England shall have been submitted to and approved in writing by the Local Planning Authority.

 

6       Further to condition 5, prior to the commencement of development (excluding site clearance and investigation works) in the event of some of the 10% Biodiversity Net Gain being achieved on site a Construction Ecological Mitigation Plan shall be submitted to and approved in writing by the Local Planning Authority. A copy of that plan must be retained on site and made available to site managers and operatives, throughout the construction process.

 

7       A detailed scheme for landscaping, including the planting of trees and or shrubs shall be submitted to the Local Planning Authority prior to groundworks commencing; such scheme shall specify types and species, a programme of planting and the timing of implementation of the scheme, including any earthworks required.  Development shall be carried out in accordance with the approved landscaping scheme and timetable.

 

8       Groundworks shall not commence until a land contamination Phase II Intrusive Site Investigation Report for the whole site has been submitted to and approved in writing by the Local Planning Authority.

 

9       Where site remediation is recommended in the Phase II Intrusive Site Investigation Report approved under condition 8 above, groundworks shall not commence until a land contamination remediation strategy has been submitted to and approved in writing by the Local Planning Authority.  The remediation strategy shall include a timetable for the implementation and completion of the approved remediation measures

 

10     Land contamination remediation of the site shall be carried out and completed in accordance with the Remediation Strategy approved under condition 9 above. In the event that remediation is unable to proceed in accordance with that Remediation Strategy or contamination not previously considered in;

        

         a)         the GeoEnvironmental Report by ARP ref: TAT/01r1v3 dated July 2024, or

        

         b)         the Phase II Intrusive Site Investigation Report approved under condition 5 above,

        

         is identified or encountered on site, all groundworks in the affected area (save for site investigation works) shall cease immediately and the Local Planning Authority shall be notified in writing within 2 working days.  Works shall not recommence until proposed revisions to the Remediation Strategy have been submitted to             and approved in writing by the Local Planning Authority.  Remediation of the site shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

 

 

11     Following completion of any measures identified in the Remediation Strategy approved under condition 9 above, or any approved revised Remediation Strategy under condition 10 above a land contamination Verification Report shall be submitted to the Local Planning Authority.  No part of the site shall be brought into use until the Verification Report in respect of those remediation measures has been approved in writing by the Local Planning Authority.

 

12     Where verification has been submitted and approved in stages for different areas of the whole site, a Final Verification Summary Report shall be submitted to and approved in writing by the Local Planning Authority.

 

13     No phase of development shall commence until the following details have been submitted to and approved in writing by the Local Planning Authority;

        

         a) details of any temporary construction access to the site including measures for removal following completion of construction works;

        

         b) restriction on the use of Skellbank residential cul-de-sacs for any construction

         purpose;

        

         c) wheel and chassis underside washing facilities on site to ensure that mud and debris is not spread onto the adjacent public highway;

        

         d) the parking of contractors' site operatives and visitor's vehicles clear of the highway;

        

         e) areas for storage of plant and materials used in constructing the development clear of the highway;

        

         f) measures to manage the delivery of materials and plant to the site including routing and timing of deliveries and loading and unloading areas;

        

         g) details of the routes to be used by HGV construction traffic and pre and post highway

        

         h) condition surveys on these routes for a distance of 50 metres in both directions from the site;

        

         i) protection of carriageway and footway users at all times during demolition and construction;

        

         j) protection of contractors working adjacent to the highway;

        

         k) erection and maintenance of hoardings including decorative displays, security fencing and scaffolding on/over the footway & carriageway and facilities for public viewing where appropriate;

        

         l) 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;

        

         m) measures to control and monitor construction noise;

        

         n) an undertaking that there must be no burning of materials on site at any time during  construction;

        

         o) removal of materials from site including a scheme for recycling/disposing of waste resulting from demolition and construction works;

        

         p) details of external lighting equipment;

        

         q) details of ditches to be piped during the construction phases;

        

         r) a detailed method statement and programme for the building works; and

        

         s) contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.

 

14     Demolition, site preparation and construction shall be not be undertaken outside of the hours of 08:00 - 18:00 Mondays to Fridays and 08:00 - 13:00 Saturdays with no work on Sundays or Bank Holidays.

 

15     Any tree removal shall only take place outside the bird nesting season (March-August inclusive).

 

16     Prior to construction works commencing on site, a programme for the delivery the off-site highway mitigation measures of junction protection and pedestrian improvement works shown on 3Xa Design drawing 267-P.101 rev E Proposed Site Plan / Roof Plan dated 21.02.25 and its interaction with delivery of the other identified schemes must be submitted to and approved in writing by the Local Planning Authority.

 

17     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.

 

18     there must be no access or egress by any vehicles between the highway and the application site until splays are provided giving clear visibility of 43 metres measured along both channel lines of the major road from a point measured 2.4 metres down the centre line of the access road. In measuring the splays, the eye height must be 1.05 metres and the object height must be 0.6 metres.  Once created, these visibility splays must be maintained clear of any obstruction and retained for their intended purpose at all times.

 

19     Prior to the commencement of the external construction of the walls of the development hereby approved a sample panel of the type of stone to be used showing the proposed coursing and pointing shall be erected on the site for the written approval of the Local Planning Authority. Development shall be carried out in strict accordance with the approved details and the sample stonework panel shall be retained on site during the period of construction of all external walls that are constructed in stone.

        

20     Before the first use of any materials in the external construction of the roof of the development hereby approved, samples of those materials shall have been made available for inspection by, and the written approval of, the Local Planning Authority and the development shall be carried out in strict accordance with the approved details.

 

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

 

22     There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works and firstly 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:-

        

         a) evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical;

        

         b) evidence of existing positive drainage to public sewer and the current points of connection; and

        

         c) the means of restricting the discharge to public sewer to the existing rate less a minimum 30% reduction, based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change.

 

23     No part of the development must be brought into use until the access, parking.  manoeuvring and turning areas have been constructed in accordance with the details shown on 3xa Design drawings 267-P.101 rev E Proposed Site Plan / Roof Plan dated and 267-P.102 rev C Proposed Ground Floor Plan, both dated 21.02.25. Once created these areas must be maintained clear of any obstruction and retained for their intended purpose at all times.

 

24     The parking spaces provided under condition 20 above before first use shall be equipped, as shown on 3xa Design drawing 267-P.102 rev C Proposed Ground Floor Plan dated 21.02.25, with electric vehicle charging facilities of Mode 3 on their own dedicated circuits with a minimum current rating of 16A. The charging facilities shall be maintained free of obstruction and retained until supersedes by an advanced technology.

 

25     The bicycle storage shown 3xa Design drawing 267-P.102 rev C Proposed Ground Floor Plan dated 21.02.25 shall be provided prior to first occupation of any the apartments hereby approved. Once created these areas must be maintained clear of any obstruction and retained for their intended purpose at all times.

 

26     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.

 

27     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.

 

28     Before first occupation of any the apartments hereby approved, waste storage facilities in accordance with 3xa Design drawing 267-P.102 rev C Proposed Ground Floor Plan dated 21.02.25 shall have been provided with individual apartments having access to their own facility and which shall not be altered without the prior written approval of the Local Planning Authority and shall be maintained for the life of the approved development.

 

29     Before first occupation of any the apartments hereby approved, bat and swift bricks shall have been located in accordance with 3xa Design drawings 267-P.107 rev D Proposed East Elevation dated 26.06.25 and 267-P.109 rev D Proposed North Elevation dated 24.06.25. Details of the bat and swift bricks shall first have been submitted to and approved in writing by the Local Planning Authority. Once installed the bat and swift bricks shall be maintained free of obstruction.

 

30     Before first occupation of any the apartments hereby approved, the developer shall provide written evidence to the Local Planning Authority to demonstrate that the following internal sound levels have been achieved in front facing plots.

        

         a) The 16hr LAeq shall not exceed 35dB between 0700 and 2300 hours when readings are taken in any noise sensitive rooms in the development.

          

         b) The 8hr LAeq shall not exceed 30dB between 2300 and 0700 hours when readings are taken inside any bedroom in the development.

          

         c) The LAFMax indoor shall not exceed 45 dB (more than 10 times) between 2300 and 0700hrs when readings are taken inside any bedroom in the development.

          

         If it cannot be demonstrated that the aforementioned sound levels have been achieved, a further scheme incorporating further measures to achieve those sound levels shall be submitted for the written approval of the Local Planning Authority.  All works comprised within those further measures shall be completed and written evidence to demonstrate that the aforementioned sound levels have been achieved shall be submitted to and approved in writing by the Local Planning Authority before the development is first brought into use.

 

31     Before first occupation of any the apartments hereby approved, the off-site highway mitigation measures of junction protection and pedestrian improvement works shown on 3Xa Design drawing 267-P.101 rev E Proposed Site Plan / Roof Plan dated 21.02.25 must be completed in strict accordance with full detailed engineering drawings of all aspects of that scheme, including any structures which affect or form part of the  scheme, that have first been submitted to and approved in writing by the Local Planning Authority.  An independent Stage 2 Road Safety Audit 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.

         Except for investigative works, no excavation or other groundworks or the depositing of material on site in connection with the construction of this scheme of off-site highway mitigation or any structure or apparatus which will lie beneath that scheme shall take place, until the Local Planning Authority have approved the scheme. The off-site highway works must be completed in accordance with the approved engineering details and programme.

 

 

32     Before first occupation of any the apartments hereby approved a download connection of 30Mbps shall be provided to each apartment and facilities will have been incorporated in the development for the future provision of Fibre to the Premises broadband infrastructure capable of Next Generation Access speeds.

 

33     In the event of failure of any trees or shrubs, planted in accordance with any scheme approved by the Local Planning Authority, to survive for a period of five years from the date of the completion of implementation of that scheme, such trees or shrubs shall be replaced by the developer with such live specimens of such species in such number as may be approved by the Local Planning Authority.

 

Reasons for Conditions:-

 

1       To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990.

 

2       For the avoidance of doubt and to ensure a safe sustainable development.

 

3       To ensure a safe development.

 

4       To ensure that the design is appropriate in the interests of the safety and convenience of highway users.

 

5       and 6. In the interests of securing no net loss of biodiversity net gain.

 

7       To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

8       to 12. 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 offsite receptors.

 

13     In the interest of public safety and amenity.

 

14     So as to respect the amenities of the surrounding residential properties.

 

15     To safeguard ecology.

 

16     To ensure that the design is appropriate in the interests of the safety and convenience of highway users.

 

17     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.

 

18     In the interests of highway safety.

 

19     and 20. In order to ensure that the materials used conform to the amenity requirements of the locality.

 

21     In the interest of satisfactory and sustainable drainage.

 

22     To ensure that no surface water discharges take place until proper provision has been made for its disposal and in the interest of sustainable drainage.

 

23     To provide for appropriate on-site vehicle facilities in the interests of highway safety and  the general amenity of the development.

 

24     and 25. To ensure provision for alternate modes of transport.

 

26     and 27. 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.

 

28     In the interests of amenity.

 

29     To provide appropriate ecological mitigation.

 

30     In the interests of amenity.

 

31     To ensure that the design is appropriate in the interests of the safety and convenience of highway users.

 

32     To ensure access to appropriate telecommunications.

 

33     To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.

 

INFORMATIVES

 

1          To ensure the occupants of the proposed apartments are not impacted by noise from the residential use below/above or adjacent to them, Environmental Protection recommend the dwellings shall be insulated against the transmission of airborne and impact sound at a standard equivalent to that contained in the current Building Regulations – Approved Document E (current Edition).

 

2          Yorkshire Water Service Ltd advise there is a 150mm and a small diameter combined water sewer recorded to cross the site, the presence of should be regarded. It may not be acceptable to raise or lower ground levels over the sewer and they will not accept any inspection chambers on the sewer to be built over. A proposal by the developer to alter/divert a public sewer will be subject to Yorkshire Water's requirements and formal procedure in accordance with Section 185 Water Industry Act 1991.

 

3          In respect of conditions 4, 16 and 31, and 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

 

4          In respect of conditions 5 and 6, 0.12 biodiversity habitats are to be provided.

 

5          In respect of condition 21 Yorkshire Water promote the surface water disposal hierarchy and the developer must provide evidence to demonstrate that surface water disposal via infiltration is not reasonably practical before considering disposal to public sewer. Upon receipt of satisfactory evidence to confirm the reasons for rejection of other methods of surface water disposal, curtilage surface water may discharge to public sewer. Surface water discharges to the public sewer must have a minimum of 30% reduction based on the existing peak discharge rate during a 1 in 1 year storm event. The developer will be required to provide evidence of existing positive drainage to a public sewer from the site to the satisfaction of Yorkshire Water and the Local Planning Authority by means of physical investigation. On-site attenuation, taking into account climate change, will be required before any discharge to the public sewer network is permitted.

 

Voting record –

 

A vote was taken and the motion was declared carried with 4 in favour and 2 against.