20/02004/FUL 1

Case No. 20/02004/FUL Item No.02

Location: Greenacres, Sharow Lane, Sharow, HG4 5BN.

Proposal: Demolition of existing bungalow, garage and outbuildings and the

erection of four dwellings

Applicant: Mr J Kitching

SUMMARY

The application site is situated within the defined development limits of Sharow and

is considered to represent infill development and thus is acceptable in principle in

line with Policy GS3 of the Local Plan.

The proposed design, scale and layout of the proposed dwellings is considered to be

locally distinctive in line with Policy HP3 and would be in keeping with the local area.

The development proposed would not have an adverse impact on the amenity of the

neighbouring residents, subject to conditions, and a suitable level of amenity can be

provided for the residents of the proposed residential units, and thus the proposal

complies with Policy HP4 of the Local Plan.

The proposal is not considered to create harm in relation to the protected trees

outside the site, land stability, highway safety or drainage, and thereby complies with

Policies NE7, NE9, and TI3 of the Local Plan and the NPPF.

RECOMMENDATION: Approve subject to conditions

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1.0 PRELIMINARY MATTERS

1.1 Access to the case file on Public Access can be found here:- view file

1.2 This application is to be presented to the Planning Committee because it is a

controversial application in the local area.

2.0 MAIN ISSUES

2.1 The main issues are:

Suitability of location for housing

Design and Visual Appearance

Residential Amenity

Trees

Highway Safety

Land Stability

Drainage

Other Matters

3.0 ASSESSMENT

3.1 Suitability of location for housing

3.2 The application site comprises of the site of an existing bungalow

'Greenacres', garage, outbuildings and garden accessed from Sharow Lane,

and an area of garden adjacent to the boundary of 'Greenacres' which

presently serves the property 'High Sharow', which is accessed from

Dishforth Lane.

3.3 The site is within the defined development limits of Sharow and is in an area

of known Gypsum deposits. Land levels rise along Sharow Lane from the

west to the east following the local topography.

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3.4 The site is surrounded by residential properties. To the north of the site lies a

cul de sac of predominately two storey detached properties on Orchard

Close. The land levels on Orchard Close are lower than those within the

application site. To the east is a line of protected trees situated outside the

site boundary, beyond which are the bungalows on Glebe Meadow.

Immediately to the west and east of the site frontage are detached two

storey residential properties. A two storey residential property is located

opposite the site across Sharow Lane.

3.5 This application seeks permission to replace the existing bungalow and

outbuildings with 4 no. detached dwellings and garages. The site is within

the defined development limits of Sharow and would represent infill of an

existing site, being surrounded by existing residential properties.

3.6 The site is therefore considered to be located in a sustainable location with

access to facilities and services and thus in accordance with Policies GS2

and GS3 is acceptable in principle subject to no other material planning

considerations outweighing the benefits of the provision of housing.

3.7 Design and Visual Appearance

3.8 Sharow is an area with a mixture of housing types and styles. The design of

some of the properties proposed has been amended during the application

process to remove elements that were not considered to be in keeping with

the local area.

3.9 The properties to the frontage are of a similar scale to surrounding properties

and of a design which is considered to be in keeping with the local

vernacular.

3.10 The plots to the rear of the site are of a more modern architectural style but

are not considered to be inappropriate to the area.

3.11 Materials proposed are brickwork with either pantile or slate roofs. The

materials are considered to be appropriate in principle, however, to ensure

that the actual materials to be used are in keeping with the local area,

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samples of all materials will be required prior to construction for further

approval.

3.12 The site falls within the ‘World Heritage Site Buffer Zone’. In this area Policy

HP2 of the Local Plan seeks to protect key views and vistas, with a strong

presumption against tall or very large buildings within the world heritage site

or it setting. In this case, the domestic scale buildings proposed would not

have an adverse impact upon the key views and vistas identified in the

World Heritage Site Buffer Zone. Similarly, the proposal would not adversely

affect the setting of the nearest listed buildings, The Manor House and

Sharow Grange, which are located beyond the nearest properties to the

south east of the site, according with Policy HP2 and national policy in the

NPPF on designated heritage assets and their settings.

3.13 The proposed dwellings meet the required space standards set out in Policy

HS5 and provide a suitable level of outdoor amenity space to meet the

requirements of the NPPF.

3.14 Policy HS1 sets out the Council’s approach to Housing Mix. Housing

developments should seek to deliver a range of house types and sizes that

reflect and respond to the identified housing needs and demands of the

district's households. The mix proposed should have reference to the latest

HEDNA, however, the HEDNA is not intended to be prescriptive and

variances are expected across development sites due to site circumstances.

This is an area of Sharow that is characterised by detached properties and

thus the proposed dwellings would be in keeping with the surrounding area.

3.15 The layout of the properties has also been amended during the application

process, in relation to the two plots to the rear of the site. It is considered

that the proposed layout is similar to surrounding groups of properties, which

are constructed in a number of cul-de-sac arrangements.

3.16 Residential Amenity

3.17 A number of concerns have been expressed with regards to residential

amenity. Plots 1 and 2 are situated along the frontage of the site. These

properties are set back from the highway by a minimum of 6.5m and are

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offset against the properties across the highway. The nearest property is

19.5m away from the frontage and whilst separation distances of 21m are

normally required where windows are directly facing, the properties have no

direct line of sight and thus a reduced level of separation is considered to be

acceptable.

3.18 The properties are two storeys with rooms in the roof but as shown on the site

elevations/streetscene information these properties are of similar height to

existing properties.

3.19 The garages and parking areas for these properties and the parking and

turning area for Plots 3 and 4 are located in close proximity to the boundary

with 23 Orchard Close, which is at a lower land level. That property is more

than 15m from the boundary and the position of the garages are unlikely to

create a high level of overshadowing. There is, however, the potential for

noise from the movement of vehicles and it is therefore recommended that

acoustic fencing is installed along this boundary, to ensure that the noise is

kept within the site. It is therefore recommended that this is required as a

condition of any approval on the site.

3.20 Plots 3 and 4 have been moved further away from the boundary with the

properties on Glebe Meadow and re-orientated so that the gable end of the

properties sit nearest to the boundary along with the lower level garage

element of the proposed properties. This sits the properties outside the root

protection area of the trees and provides a separation distance in excess of

25m between the properties, which is substantially more than required under

the Council’s House Extensions and Garages Design Guide, even when

taking the changes in land levels into account. The only loss of light into

these gardens would occur into the evenings and would be restricted to the

very end of the gardens, which are already affected by the existing mature

trees. There would be no issues of overshadowing, overbearing or loss of

privacy to these properties, as there are no main windows in the proposed

elevations, and it is recommended that a condition is attached ensuring no

windows are added at a later date.

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3.21 The main windows to Plots 3 and 4 are in the northern and southern

elevations. Plot 3 is situated in excess of 20m from the gable end of the

existing residential property to the south and provides a distance of 7.5m to

the boundary with this property. This complies with the required separation

distances.

3.22 Plots 3 and 4 are also sufficiently distanced from each to meet the required

guidelines and similar Plot 4 is sufficiently distances from High Sharow to the

north.

3.23 Plot 4 has a first floor bathroom window and a small secondary window to the

ground floor office in the gable end of the property. These windows are over

13m from the properties on Orchard Close, which meets the required

separation distances, and further screening can be provided to the ground

floor with the submission of a suitable landscaping scheme and the acoustic

fencing. It is considered expedient that the first floor window be conditioned

to remain obscure glazed due to the change in land levels.

3.24 Due to the constrains of the site it is considered appropriate that any approval

should remove the permitted development rights for further extensions,

outbuildings, garages, additional openings including dormers and rooflights,

and that the garages should not be converted to habitable accommodation.

3.25 The proposed access uses the existing access arrangement to the existing

property which is located in close proximity to the neighbouring property to

the east. A suitable landscaping scheme should be agreed which provides

some protection from additional noise from the increased level of vehicle

movements in and out of the site.

3.26 On the basis of the above it is not considered that the proposed dwellings

would have an unacceptable impact on the residential amenity of the

neighbouring properties, subject to conditions, and the proposal complies

with Policy HP4.

3.27 Trees

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3.28 The trees which bound the site are covered by a Tree Preservation Order.

These are mature trees with a high amenity value. The scheme has been

amended to remove the built form of the development outside the root

protection areas associated with the trees and the Council’s Arboricultural

Officer has confirmed that this is acceptable, subject to conditions.

3.29 Highway Safety

3.30 Concerns have been raised by local residents with regards to the level of

vehicle movements and parking associated with the amount of development

proposed. The access has been amended in line with the comments of the

Highway Authority, who have raised no further highway concerns subject to

conditions.

3.31 The proposal includes a sufficient level of parking within the site.

3.32 Land Stability

3.33 The application site is within Gypsum Area C, the area which carries the

highest risk in association to land instability. A gypsum survey has been

undertaken in accordance with Policy NE9 of the Local Plan by a ‘competent

person’.

3.34 The submitted survey and declaration form confirms that the land can be

developed without undermining the land stability of the area.

3.35 It is considered that any approval should include a condition requiring the

development to be undertaken in accordance with the details within this

report.

3.36 Drainage

3.37 The application includes drainage details which have been assessed by the

Council’s Drainage Officer. The details provided are not considered to be

sufficiently technically detailed however no objections are raised, subject to

further drainage conditions.

3.38 Comments are still awaited from Yorkshire Water.

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3.39 Other Issues

3.40 The application is for the redevelopment of the site to provide 4 no. dwellings

and thus it would be considered expedient to add a condition to any approval

requiring a scheme for electric vehicle charging, in line with Policy CC2 of

the Local Plan and the NPPF.

3.41 Conditions are recommended in relation to Contaminated Land as set out by

the Environmental Protection Officer.

3.42 Due to the fact that the application was submitted prior to the introduction of

the Community Infrastructure Levy Scheme, no liability is considered to be

required in relation to this application.

4.0 PLANNING BALANCE AND CONCLUSION

4.1 The application site is sustainably located within the defined development

limits of Sharow and is considered to represent infilling in line with Policies

GS2 and GS3 of the Local Plan and thus is acceptable in principle.

4.2 The design, scale and layout of the properties are considered to be in keeping

with the local area and provide the required separation distances between

properties as set out in the Council’s House Extensions and Garages Design

Guide and thereby comply with Policies HP3 and HP4 of the Local Plan.

4.3 There will be an increase in vehicle movements in and out of the site,

however, the access and layout proposed is considered not to create any

issues with highway safety.

4.4 A suitable landscaping scheme will also ensure that the residential amenity of

the neighbouring properties is not compromised.

4.5 The proposal is not considered to create harm in relation to the protected

trees outside the site, land stability or drainage, subject to conditions.

4.6 The proposed development is therefore considered to comply with the NPPF

and the policies within the Council’s Local Plan.

5.0 RECOMMENDATION

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5.1 That the application be APPROVED subject to conditions

6.0 PLANNING CONDITIONS

• Time Condition – 5 Years

• Approved Plans List

• Samples of Materials

• Landscaping Scheme including Acoustic Fencing

• Removal of permitted development rights for extensions, outbuildings,

garages, additional openings including dormers and rooflights.

• Garages not to be converted to habitable space

• Plot 4 first floor window to western elevation to remain obscure glazed

• No development until details of Root Protection fencing agreed

• No operations until root protection scheme in place

• Condition relating to highway specification of access

• Condition relating to provision of visibility splays

• Condition relating to the provision of Approved Access, Turning and

Parking Areas

• Development in accordance with Gypsum Survey Report

• Reporting of Unexpected Land Contamination Condition

• Electric Vehicle Charging Scheme

• Drainage conditions

In the event of any changes being needed to the wording of the Committee's decision (such as to delete, vary or add conditions/informatives/planning

obligations or reasons for approval/refusal) prior to the decision being issued, the Chief Planner has delegated authority to do so in consultation with the

Chairman of the Planning Committee, provided that the changes do not exceed the substantive nature of the Committee's decision.

APPENDICES

7.0 Consultations

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7.1 Historic England - no comments

7.2 Environmental Protection - recommend contaminated land conditions

7.3 NYCC Highway Authority - recommend conditions

7.4 Arboricultural Officer - raises no objections to amended scheme and

recommends conditions

7.5 Drainage Officer - neither object to, nor supports the development but wishes

to make comments and safeguards. As the proposed strategy is limited and

offers no technical detail, a condition is recommended requiring further

details.

8.0 Representations

8.1 10 letters of representation have been received, which object to the proposed

development on the following grounds:

• Loss of privacy

• Vehicle pollution and vehicle noise

• Security issues

• Ground level issues

• Impact on Trees subject to Tree Preservation Order

• Loss of Light

• Overbearing

• Drainage

• Not affordable

• Scale

• Out of character

• Not sustainable development

• Traffic and parking - highway safety

8.2 A further letter was received during the Gypsum survey raising concern over

orange slurry from the site entering into a neighbouring garden. (The agent

confirmed that this was mud from under the slabs on the site and action was

taken to clean up the mud).

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9.0 Views of Parish Council

9.1 Sharow Parish Council considered the matter and resolved to oppose the

application on the following planning grounds:

• Layout and density: This is our main objection. The Parish Council

feels that four units is probably twice the number which can

comfortably be accommodated within the footprint of the land. By

squeezing four large houses in, the plans leave little space for

gardens and little space between the houses and their neighbours,

particularly the existing properties to the rear (north). Neighbours in

Orchard Close and Glebe Meadows will have their houses and

gardens overlooked in a most unsatisfactory and intrusive way. The

driveway to the rear houses comes very close to the old stone wall

between this property and 21-23 Orchard Close, and at around one

metre higher; it is easy to see how this will impinge on neighbouring

properties, and how easily the wall could be damaged by construction

or subsequent parking. Finally, all four units are large and "executive"

in nature, and Sharow already has quite sufficient of this style of

house.

• Noise and disturbance from use: Following on from the above, the

Parish Council regards unacceptable noise and disturbance to the

property's northern neighbours, from vehicles and people, to be an

inevitable consequence of the proposed development, noting again

that the ground level at the north end of the development is notably

higher than the adjacent gardens, even before any construction.

• Design / visual appearance: The two proposed three-storey units on

Sharow Lane would be overwhelming to this historic thoroughfare,

and out of character with the rest of Sharow Lane's houses.

• Highways / parking: With the houses proposed, it is not unreasonable

to expect at least eight cars to be kept on site. The entrance from

Greenacres to Sharow Lane does not have good visibility splays for

turning out, and the Parish Council considers that this will add

significantly to the risk of an already busy and tricky road.

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• Local Plan: Although this is not a large enough development to have

been considered during the development of the Harrogate Local Plan,

the Parish Council considers that replacing a bungalow with four

substantial properties constitutes another significant development for

a small parish, one which is unnecessary, especially considering

permission has been granted for 60 new units just around the corner

at New Road.

Case

Officer:

Emma Howson Expiry Date: 8 January 2021