Agenda item

35/22(01)                                                         CASE NUMBER: 21/01281/FUL

 

APPLICATION NO.:6.79.12420.C.FUL

 

LOCATION:

40 Wetherby Road, Harrogate, HG2 7SQ

 

PROPOSAL:

Erection of replacement building comprising of 6 no. apartments.

 

APPLICANT:            AD Properties Limited

 

APPROVED subject to the following conditions:-

 

 

1      The development hereby permitted shall be begun on or before 05.01.2026.

 

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

       

        a) the Policy CC4 section of the ELG Planning Addendum to Planning Statement received by the Local Planning Authority on 20 December 2022

       

        b) the following Setsquare (Harrogate) Ltd Planning Drawings: 

        S20/126-03 rev F Proposed Plans & Elevations dated 25-07-22

        S20/126-04 rev K Proposed Site Plan & Streetscene dated 08-12-22

       

        c) root3 Tree Protection and Impact Assessment ref R3-443-AR-01 dated 26.02.12 and drawing R3-443-AR-03 dated 01.03.20.

 

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

 

4      Where site remediation is recommended in the Phase II Intrusive Site Investigation Report approved under condition 3 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.

 

5      Land contamination remediation of the site shall be carried out and completed in accordance with the Remediation Strategy approved under condition 4 above. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy or contamination not previously considered in either the Preliminary Risk Assessment or the Phase II Intrusive Site Investigation Report 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.

 

6      Following completion of any measures identified in the approved Remediation Strategy under condition 4 above, or any approved revised Remediation Strategy under condition 5 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 such time as the remediation measures have been completed for that part of the site in accordance with the approved Remediation Strategy or the approved revised Remediation Strategy and a Verification Report in respect of those remediation measures has been approved in writing by the Local Planning Authority.

 

7      Further to condition 6 above 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.

 

8      No development shall commence on site before the approved tree report detail (root3 Tree Protection and Impact Assessment ref R3-443-AR-01 dated 26.02.12 and drawing R3-443-AR-03 dated 01.03.20) including root protection area fencing has been provided in line with the requirements of British Standard BS 5837: 2012 (section 6.2.2 figure 2) 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. The developer shall maintain such fences until all development subject of this permission is completed.

 

9      No operations shall commence on site in connection with the development hereby approved  (including any demolition work, soil moving, temporary access construction and/or widening or any operations involving the use of motorised vehicles or construction machinery) until the root  protection area works required by the approved tree protection scheme and ground protection detail (no dig) are in place. The level of the land within the fenced areas shall not be altered.

 

10    The Tree Protection and Impact Assessment Report (root3 ref R3-443-AR-01 dated 26.02.21) and drawing (R3-443-AR-03 dated 01.03.20) submitted in support of the application shall be adhered to in full, subject to  the pre-arranged tree protection monitoring and site supervision, to include a pre-commencement site meeting with the developers, including the Tree Officer of the Local Planning Authority, and monthly reports to the Local Planning Authority including images ensuring all works are completed in accordance with that report.

 

11    No demolition and construction works or ancillary operations, including deliveries to and dispatch from the site which are audible beyond the boundary of the site shall take place on site other than between the hours of 08:00-18:00 Monday to Friday and between 09:00- 13:00 on Saturdays, with no work on Sundays or Bank Holidays, except in the case of an emergency for which the Local Planning Authority shall be notified at the earliest opportunity of the occurrence and a schedule of essential work shall be provided. Further, no heavy commercial vehicles shall deliver to or export from the site other than in strict accordance with a delivery schedule that shall first have been submitted to and approved in writing by the Local Planning Authority.

 

12    Before any vehicular movements commence in connection with demolition and/or construction works hereby approved wheel washing facilities shall be provided on site to ensure that mud and debris is not spread onto the adjacent public highway in strict accordance with details that first shall have been submitted to and approved in writing by the Local Planning Authority. The approved wheel washing facilities shall be retained until completion of construction and landscaping works.

 

13    Contractors site operatives and visitors vehicles shall be parked at all times in strict accordance with details that first shall have been submitted to and approved in writing by the Local Planning Authority. The contractors and visitors parking shall be retained until completion of construction and landscaping works.

 

14    Areas for storage of plant and materials used in constructing the development shall be provided clear of the highway in strict accordance with details that first shall have been submitted to and approved in writing by the Local Planning Authority. Those storage areas shall be retained until storage of plant and materials in association with the construction of the development is no longer necessary.

 

15    Upon commencement of the development including demolition hereby approved notice shall be given to the Local Planning Authority of the contact details for the responsible person (site manager/office) who can be contacted in the event of any issue and updated notices given at all times of a change in that responsible person.

 

16    Before the first use of any materials in the external construction of the roof and walls 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. Thereafter, the development shall be carried out in strict accordance with the approved details.

 

17    Two integrated bat bricks and two integrated bat swift bricks located at least 5 meters above ground level away from sources of artificial light shall be incorporated into the construction of the building hereby approved and thereafter maintained.

 

18    Before the commencement of the external walling of the development hereby permitted a survey of the existing trees on the site along with a detailed scheme for the detailed scheme for landscaping, including the planting of trees and or shrubs and the use of surface materials used in the grounds shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall specify the surface materials, species, tree and plant sizes including the provision of semi-mature trees, the timing of implementation of the scheme, including any earthworks required, and measures to provided post planting care for a minimum of five years. Any existing trees removed, or pre-existing trees removed in the formation of the access from Wayside Crescent, shall each be replaced by two trees.

 

19    Notwithstanding the details shown on drawing S20/126-04 rev K revised details providing for secure cycle storage and suitable and sufficient provision for the storage and containment of refuse prior to collection and access for the collection of refuse shall be submitted to and approved in writing by the Local Planning Authority. The refuse arrangements shall include either the formation of a separate walkway access from Wayside Crescent or by way of a commercial bin. The approved cycle storage and refuse facilities shall be provided prior to the first occupation of any of the apartments hereby permitted, and thereafter maintained.

 

20    No apartment must be occupied until the related parking facilities have been constructed in accordance with the details approved under condition 2 above with the dedicated parking space to each apartment equipped with a Mode 3 electric vehicle charging point with a minimum 16amp rating. The electric vehicle charging points shall be maintained until superseded by any advanced technology and the parking facilities shall be maintained clear of any obstruction and retained for their intended purpose at all times.

 

21    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.

 

22    That part of the access extending 6 metres into the site from the carriageway of the existing highway must be at a gradient not exceeding 1:40.

 

23    The final surfacing of the private accesses within 20 metres of the public highway must not contain any loose material that is capable of being drawn on to the existing or proposed public highway.

 

24    Before first occupation, the developer shall either

       

        a) provide written evidence to the Local Planning Authority from a suitably competent person to demonstrate that the following sound levels have been achieved, or

       

        b) if it cannot be demonstrated that the following sound levels have been achieved, a scheme incorporating further measures to achieve those sound levels shall be submitted for the written approval of the Local Planning Authority;

       

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

       

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

       

        iii) The LAF1 (15min) indoor shall not exceed 45 dB between 2300 and

        0700hrs when readings are taken inside any bedroom in the development.

       

        iv) The 16hr LAeq shall not exceed 55dB between 0700 and 2300 hours when readings are taken in the external garden of the development.

 

25    All works comprised within any scheme approved under condition 24(b) above shall be completed and written evidence to demonstrate that the sound levels specified in Condition 24 have been achieved shall be submitted to and approved in writing by the Local Planning Authority.

 

26    The apartments hereby allowed shall be installed with Fibre to the Premises (FTTP) broadband infrastructure capable of Next Generation Access speeds unless details are submitted to and approved in writing by the Local Planning Authority that demonstrate the provision of FTTP is not viable and alternatively provides for a 30Mbps download connection and makes provision through the provision of ducting capable of carrying fibre cables from multiple providers for the suitable delivery of FTTP broadband at a future date.

 

27    Should any planting within the Landscaping scheme approved under condition 18 above fail or otherwise be removed or destroyed within 5 years of its planting, the plant shall be replaced with the same species to the satisfaction of the Local Planning Authority.

 

Reasons for Conditions:-

 

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

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

3-7   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.

8-10 To ensure trees are the site are protected during the undertaking of the development.

11    In the interest of protection residential amenity in line with policy HP4 and the NPPF.

12-15 In the interest of public safety and amenity.

16    In the interests of visual amenity.

17    To provide for and enhance ecology.

18    In the interests of amenity and to ensure the maintenance and improvement of the tree stock on the site.

19    In the interest residential amenity.

20    To provide for adequate and satisfactory provision of off-street accommodation for vehicles in the interest of safety and the general amenity of the development, and in the interest of supporting sustainable transport.

21    In the interests of highway safety.

22-23 To ensure a satisfactory means of access to the site from the public highway in the interests of highway safety and the convenience of all highway users.

24-25 In the interests of residential amenity.

26    To ensure broadband access is provided in accordance with Harrogate District Local Plan Policy TI5.

27    In the interests of visual amenity and to safeguard residential amenity.

 

Martin Hughes (Objector) and Kim Eastwood (Agent) attended the meeting and spoke to the item under the Council’s Opportunity to Speak Scheme.

 

The officer’s recommendations that the application be ‘approved subject to conditions’, were moved and seconded. Councillor Hannah Gostlow had proposed an amendment to the officer’s recommendations by adding a condition that refuse arrangements should include either the formation of a separate walkway access from Wayside Crescent or the provision of a commercial bin. Councillor Stuart Martin had also requested that a condition be added to include the provision of semi-mature tree planting. On a vote being taken, nine Members voted for the motion and one voted against therefore the motion to approve was passed.

 

Following the vote on this item, Members agreed to request that a letter be sent to the Local Highway Authority to request that NYCC consider implementing a one way system on Wayside Crescent and provide a Traffic Management Plan for the street.