Agenda and minutes

43/22 – APOLOGIES FOR ABSENCE AND NOTIFICATION OF SUBSTITUTES: Notification had been received that Councillor Philip Broadbank was to act as substitute for Councillor Hannah Gostlow. An apology for absence had been received from Councillor Sue Lumby.

Members to advise of any declarations of interest.

44/22 – DECLARATIONS OF INTEREST: Councillor Andy Paraskos declared an interest in respect of Minute 47/22(02) and therefore left the meeting room for the debate and vote on this item.

of the meeting of the Committee held on the 24 January 2023.

45/22 – MINUTES: The Minutes of the meeting of the Committee held on 24 January 2023 were approved as a correct record and signed by the Chair.

(Ten Members voted for the motion and there was one abstention.)

To determine whether to exclude the press and public during the consideration of any exempt information items.

46/22 – EXEMPT INFORMATION: There were no exempt information items.

To determine applications or make observations on applications made under the Town and Country Planning Act 1972 and the Planning (Listed Buildings and Conservation Areas) Act 1990.

47/22 – LIST OF PLANS: In accordance with the Scheme of Delegation, the

Committee made the following decisions:

47/22(01)                                                 CASE NUMBER: 21/05542/FULMAJ

APPLICATION NO.:6.79.13298.C.FULMAJ

LOCATION:

Land Comprising Field At 431853 456117 Kingsley Drive, Harrogate, North Yorkshire

PROPOSAL:

Erection of 162 residential dwellings, public open space, landscaping and associated infrastructure (Revised Scheme).

APPLICANT:            Persimmon Homes (Yorkshire)

DEFERRED to the Executive Officer for Development Management and Building Control to approve subject to the Conditions below and a S106 Agreement to secure contributions in relation to affordable housing, highways, the NHS ICB, education, open space provision and management and Biodiversity Net Gain requirements.

1      The development hereby permitted shall be begun on or before 3 years from date of this permission.

2      The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details set out below and as modified by the conditions of this consent:

        Site Location Plan 001 Rev A

        Site Layout 100 Rev V

        Materials Layout 101 Rev G

        Boundary Treatment Plan 104 Rev B

        Affordable Tenure Plan - needs updating

        Ecological Enhancement 108 Rev A

        Renewable Energy Plan 110 Rev C

        Cycle and Bin Storage Plan 111 Rev D

        Additional Building Regs 115 Rev D

        Management Areas Plan 201 Rev A

        Landscape Masterplan P18-2574.002 Rev W

        Pedestrian and Cycle Route Plan 121 Rev A

        Sherwood (AS) 21-5517-150-REV-B

        Sherwood (OP)  21-5517-151

        Selwood (AS) 21-5517-154

        Selwood (OP) 21-5517-155

        Kingley (AS) 21-5517-158-REV-A

        Kingley (OP) 21-5517-159-REV-A

        Barnwood (AS) 21-5517-166-REV-A

        Barnwood (OP) 21-5517-167-REV-A

        Barnwood Drive Through (AS) 21-5517-164-REV-D

        Barnwood Drive Through (OP) 21-5517-165-REV-D

        Wentwood (AS-OP) 21-5517-174-REV-D

        Wentwood-Heartwood (AS-OP) 21-5517-250-REV-B

        Heartwood (AS-OP) 21-5517-251-REV-A

        Brampton (AS) 21-5517-252-REV-O

        Brampton (OP) 21-5517-253-REV-O

        Lambridge (AS) 21-5517-254

        Lambridge (OP) 21-5517-255

        Grizedale (AS-OP) 21-5517-256

        Dallington (AS-OP) 21-5517-257

        Dallington-Deepdale (OP-AS) 21-5517-258

        Deepdale-Dallington (OP-AS) 21-5517-259

        Alnmouth (AS-OP) 21-5517-260-REV-B

        Wareham (AS-OP) 21-5517-261-REV A

        Deepdale-Wareham (OP-OP) 21-5517-262-REV-A

        Wareham-Dallington (AS-OP) 21-5517-265-REV-A

        Wareham-Alnmouth (OP-OP) 21-5517-267-REV-C

        Garages 21-5517-179-REV-A

        Boundary Fence and Wall Details SD.04 Rev C

        Sustainability Statement Rev D

        Flood Risk Assessment P22-200-ZZ-XX-HYD-RP-C-9000

        Proposed Drainage Layout P22-200-HYD-ZZ-XX-DR-C-1000 Rev P03

        Proposed Drainage Layout Sheet 1 of 3 P22-200-HYD-ZZ-XX-DR-C-1001 Rev P02

        Proposed Drainage Layout Sheet 2 of 3 P22-200-HYD-ZZ-XX-DR-C-1002 Rev P03

        Proposed Drainage Layout Sheet 3 of 3 P22-200-HYD-ZZ-XX-DR-C-1003 Rev P03

        Proposed Levels Sheet 1 of 2 P22-200-HYD-ZZ-XX-DR-C-2000 Rev P03

        Proposed Levels Sheet 2 of 2 P22-HYD-ZZ-XX-DR-C-2001 Rev P03

3      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.

4      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  ...  view the full minutes text for item 47a

47/22(02)                                                 CASE NUMBER: 21/05436/FULMAJ

APPLICATION NO.:6.79.7774.D.FULMAJ

LOCATION:

Site Of North East Gas Offices And Service Centre, Skipton Road, Harrogate, North Yorkshire

PROPOSAL:

Erection of retail development (Class E(a)), Petrol Filling Station, revised access, new roundabout and widening to Skipton Road, car parking, landscaping and associated works.

APPLICANT:            Tesco Stores Ltd

DEFERRED to the Executive Officer for Development Management and Building Control to approve subject to the conditions below and a S106 Agreement to secure retail mitigation, a bus contribution, Travel Plan monitoring and BNG requirements.

1      The development hereby permitted shall be begun on or before 3 years from date of this permission.

2      The development hereby permitted shall be carried out strictly in accordance with the following drawings as modified by the further conditions of this permission:

        Site Location Plan MRPP1

        Proposed Site Plan 6402-SSA-XX-XX-DR-A-002 Rev PL12

        Existing Topo with Proposed Site Plan Overlay 6402-SSA-XX-XX-DR-A-003 Rev PL08

        Proposed Site Sections 00-DR-A005 Rev PL04

        Proposed Ground Floor Plan 01-DR-A100 Rev PL04

        Proposed Roof Plan 01-DR-A101 Rev PL04

        Proposed Elevations 01-DR-A200 Rev PL04

        Proposed Building Sections 01-DR-A300 Rev PL04

        Proposed Flexi PFS Section and Elevations 02-DR-A200 Rev PL02

        Proposed Flexi PFS Plan 6402-SSA-02-00-DR-A-002 Rev PL06

        Proposed Click and Collect Canopy Details 6402-SSA-XX-XX-DR-A-013

        Proposed Cycle and Footway 20122-MA-XX-XX-DR-C-0008 Rev P05

        External Furniture 6402-SSA-XX-XX-DR-A-011 Rev PL07

        Hard Landscape Plan 7554.HSP.6.0 Rev G

        Fence Details 6402-SSA-XX-XX-DR-A-010 Rev PL09

        Planting Plan Overview 7554.PP.5.0 Rev J

        Planting Plan 1 of 2 7554.PP.5.1 Rev J

        Planting Plan 1 of 2 7554.PP.5.2 Rev J

        Tree Protection Plan 11154 TPP 01 Rev E (Overview)

        Tree Protection Plan 11154 TPP 01 Rev E (1/3)

        Tree Protection Plan 11154 TPP 01 Rev E (2/3)

        Tree Protection Plan 11154 TPP 01 Rev E (3/3)

        External Levels General Arrangement 21070-PIN-XX-ZZ-DR-C-02200 Rev P08

        Drainage General Arrangement 210707-PIN-XX-ZZ-DR-C-02300 Rev P08

        Exceedance Flow Plan 210707-PIN-XX-ZZ-DR-C-02303 Rev P04

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

        i) A new Roundabout at the store entrance which includes widening the A59 to provide a filter lane into the new store before the development opens to the public as indicated on drawing 6402-SSA-XX-XX-DR-A-002 Rev PL12 (Proposed Site Plan). This work is to include repositioning bus stops as required and providing new bus shelters to modern standards.

        ii) To provide a segregated cycleway footway to Local Transport .Note 1/20 along the A59 between the new store and a public right of way which connects to Benningborough Drive prior to the opening of the development.

        For each scheme of off-site highway mitigation, except for investigative works and works of site clearance (to be limited to vegetation clearance to allow survey work to be undertaken to complete final design), no excavation or other groundworks or the depositing of material on site in connection with the construction of any scheme of off-site highway mitigation or any structure or apparatus which will lie beneath that scheme shall take place, until full detailed engineering drawings of all aspects of that scheme including  ...  view the full minutes text for item 47b

47/22(03)                                                 CASE NUMBER: 20/01333/FULMAJ

APPLICATION NO.:6.79.9616.E.FULMAJ

LOCATION:

Land Comprising Field At 429829 457681 Knox Lane, Harrogate, North Yorkshire

PROPOSAL:

Full planning application for 53 no. residential dwellings with associated parking, public open space and landscaping (Amended submission)

APPLICANT:            Jomast

DEFERRED for the following reason(s):-

o   For a further report regarding land contamination to include further sampling including sampling specifically in the area of the former railway line.

o   to seek additional comments from Northern PowerGrid specifically in respect of the risks associated with childhood leukaemia.

Councillor Paul Haslam (Ward Member for Harrogate Old Bilton), Stephen Readman (Objector), Adele Laurie-Wilson (Objector) and Stephen Courcier (Agent) spoke to the item under the Council’s Opportunity to Speak Scheme.

The officer’s recommendations that the application be ‘deferred for approval subject to conditions and a S106 Agreement’ were moved and seconded. On a vote being taken seven Members voted against, two voted for and there was one abstention therefore the motion to defer and approve fell.

It was subsequently moved and seconded by Councillors Rebecca Burnett and John Mann that the application be deferred for a further report regarding land contamination to include further sampling, including sampling specifically in the area of the former railway line and to seek additional comments from Northern PowerGrid specifically in respect of the risks associated with childhood leukaemia. On a vote being taken, Members voted unanimously therefore the motion to defer was passed.

48/22(04)                                                CASE NUMBER: 22/04066/DVCMAJ

APPLICATION NO.:6.32.175.B.DVCMAJ

LOCATION:

Land Comprising Field At 433113 471863 Back Lane, Sharow, North Yorkshire, HG4 5BS

PROPOSAL:

Residential development of 60 dwellings (Revised scheme).

APPLICANT:            Broadacres Housing Association Limited

DEFERRED  to the Executive Officer for Development Management and Building Control to approve subject to the receipt of comments from NYCC Highways confirming no objections, the below Conditions and a S106 Agreement.

1      The development hereby permitted shall be begun on or before 29.04.2023.

2      The development hereby permitted shall not be carried out otherwise than in accordance with the approved plans listed below and the subsequent conditions of this planning consent:

        Site Location Plan

        Planning Layout  2204-SI-04 Rev D

        House Type and garages Booklet October  2022 Rev A

        Boundary Treatment Plan  2204-SI-03 Rev B

        Landscape Masterplan  R-2560-1 rev D

        Site levels 22317 DCE-XXX-XX -D -C 102-PO1

        Energy Statement  January 2023 received 31st January 2023

3      All hedgerows which are proposed to be maintained in 'good' ecological condition in accordance with the submitted Biodiversity Metric calculations must be managed and maintained as part of the public open space or from without the site boundaries, and such hedgerows must be separated off from the curtilage of private gardens e.g. by the provision of a boundary fence on the garden-side of the hedge.

        Any hedgerow removal to facilitate access shall be subject to an ecological and bird nesting survey by an ecologist, if undertaken within the main bird nesting season (March to August). This survey shall be submitted for the approval of the Local Planning Authority prior to works commencing.

4      A Construction Ecological Management Plan must be submitted for the written approval of the Local Planning Authority, prior to the commencement of works. The CEcMP must be based on the recommendations of the Ecological Impact Assessment (MAB Nov. 22) and must include measures to safeguard retained habitats and protected species, to provide habitats for protected and priority species on site, and to prevent the spread of invasive non-native species through the course of works. Subsequent works must be undertaken in accordance with the agreed CEcMP, which must be retained onsite and made available to site managers and operatives throughout the course of works.

5      Before any materials are brought onto the site or any development is commenced, the developer shall implement the agreed specification for root protection area (RPA) (as per Iain Tavendale Nov 2022) fencing in line with the requirements of British Standard BS 5837: 2012 Trees in Relation to Construction - Recommendations, or any subsequent amendments to that document, around the trees or shrubs or planting to be retained, as indicated on the approved plan and for the entire area as specified in accordance with BS 5837:2012. The developer shall maintain such fences until all development the subject of this permission is completed.

        (b) No operations shall commence on site in connection with the development hereby approved (including any demolition work, soil moving, temporary access construction and/or widening or  ...  view the full minutes text for item 47d

48/22(05)                                                        CASE NUMBER: 22/03879/RG3

APPLICATION NO.:6.32.177.A.RG3

LOCATION:

Garages North Of 14 Church Close, Sharow, Ripon, North Yorkshire, HG4 5BL

PROPOSAL:

Erection of 2 dwellings and removal of existing garages.

APPLICANT:            Harrogate Borough Council

APPROVED subject to the following conditions:-

1      The development hereby permitted shall be begun on or before 14.02.2026.

2      The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details:

        06 Revision B Street View - submitted 8 February 2023

        05 Revision B Proposed Elevations - submitted 8 February 2023

        07 Proposed Site Plan - submitted - submitted 31 January 2023

        05 Revision C Proposed Site Plan - submitted 31 January 2023

        04 Proposed Floor Plans  - submitted 7 October 2022

        Location Plan - submitted 7 October 2022

3      Prior to their first use, samples of the materials to be used for the external walls and roof of the dwellings hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in strict accordance with the approved details.

4      Prior to the first occupation of the dwellings hereby permitted, electric vehicle infrastructure shall be installed at the site. The electric vehicle charging point shall be of Mode 3 type (specific socket on a dedicated circuit with a minimum current rating of 16 Amp). The charging points installed shall be retained thereafter.

5      Prior to the installation of the air source heat pumps, details shall be submitted to the Local Planning Authority for approval, these should include but are not limited to, technical details, visual appearance, details of location and position and ground surface material; a noise assessment report undertaken by a competent person including cumulative impacts and impact in relation to background noise; and any noise attenuation measures required.

        The rating level of sound emitted from any fixed plant or multiple fixed plant associated with the development shall not exceed the background sound levels between the hours of 0700- 2300 (taken as a typical one hour LA90 at the sound sensitive premises) and shall not exceed the background sound level between 2300-0700 (taken as a typical 15 minute LA90 at the sound sensitive premises). All measurements shall be made in accordance with the methodology of BS 4142:2014+A1:2019 (Methods for rating and assessing industrial and commercial sound) and/or its subsequent amendments.

        Where access to the nearest sound sensitive property is not possible, measurements shall be undertaken at an appropriate location and corrected to establish the noise levels at the nearest sound sensitive property.

        The air source heat pumps shall be installed in strict accordance with the approved details and maintained and retained as such in accordance with the details submitted and approved, for the lifetime of the development.

6      CLC3 - Submission of a Land Contamination Remediation Strategy - Pre-commencement Condition

        Groundworks shall not commence until a land contamination remediation strategy has been submitted to and approved in writing by the local planning  ...  view the full minutes text for item 47e

The Executive Officer – Development Management and Building Control submitted a list of planning applications determined under delegated powers, and also those delegated to himself in consultation with the Chair and Vice Chair of the Committee, which had been approved since the last meeting.

48/22 – APPLICATIONS DETERMINED UNDER THE PLANNING SCHEME

             OF DELEGATION: The Executive Officer – Development Management and Building Control submitted a list of planning applications determined under delegated powers, and also those delegated to himself in consultation with the Chair and Vice Chair of the Committee, which had been approved since the last meeting.

RESOLVED:

That the report be received.

(Nine Members voted for the motion and one Member voted against.)

                                                                                                                                  (D)