Courtfield 3 St James Drive Harrogate North Yorkshire HG2 8HT

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1 HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE AGENDA ITEM 6: LIST OF PLANS. DATE: 18 December 2012 HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE AGENDA ITEM 6: LIST OF PLANS. DATE: 18 December 2012 PLAN: 10 CASE NUMBER: 12/03925/FULMAJ GRID REF: EAST NORTH APPLICATION NO T.FULMAJ DATE MADE VALID: TARGET DATE: CASE OFFICER: Mr Gerard Walsh WARD: Stray VIEW PLANS AT: APPLICANT: AGENT: PROPOSAL: LOCATION: Dr T G Bramall Directions Planning Consultancy Demolition of existing buildings, erection of dwelling with detached garage and tree works to include felling of 5 trees and 2 groups of trees within area A1 of Tree Preservation Order no and 1 group within Harrogate Conservation Area (site area 1.3ha). Courtfield 3 St James Drive Harrogate North Yorkshire HG2 8HT REPORT SITE AND PROPOSAL The proposal site is on St. James' Road in Harrogate. The existing building is a large sprawling structure which is part brick and part render with red clay tiles to the roof. The main building fronts St. James' Drive and there are two relatively modern 2 storey additions projecting to the northeast and southeast. A detached annex building and a garage sit to the north of the main building close to the northern site boundary. There are numerous mature trees on the northern part of the site and a woodland on the southern half of the site. The entire site is covered by a Tree Preservation Order. The site is bounded by a low stone wall along St. James' Drive and by hedges and trees elsewhere. The building is now vacant but was formally used as a private residential care home for more than 30 years run by the National Westminster Bank Staff foundation. The surrounding area is residential in character with house predominantly detached and set within generous gardens. The site is within Harrogate Conservation Area. The proposal is to demolish the existing structures on the site and to construct a detached

2 dwelling house with a detached garage. The proposal involves the felling of a number of trees that are the subject of a Tree Preservation Order. The house is a contemporary design with large areas of flat roof and glazing. The section fronting St. James Drive is two storey dropping down to single storey at the rear. Many of the roofs are proposed as grass roofs and are arranged around a courtyard with terraces down to the existing tree line to the south. The existing driveway would drop down to a large circular underground garage. MAIN ISSUES 1. The requirements of Harrogate District Local Plan policy CFX (Community Facilities Protection) in relation to loss of the care home facility. 2. Affordable Housing. 3. Impact on the character of the conservation area. 4. Open Space Provision. 5. Trees. 6. Residential Amenity. RELEVANT SITE HISTORY 12/03992/Con Conservation area consent for the demolition of existing buildings Pending Consideration. 12/02362/CON Conservation area application for the demolition of part of boundary wall PER 10/08/12. 12/02360/FUL Erection of front boundary wall - PER 10/08/12. 12/00314/FUL Conversion of care home to form 1 dwelling PER 19/03/12. 95/01347/FUL Extension to existing building to form new lift shaft and motor room PER 21/11/95. 89/04179/FUL erection of 2 storey extension to residential home forming 8 bedrooms PER 24/04/90. 76/10929/FUL Alterations and improvements together with Warden s accommodation PER 09/03/76. There have also been numerous applications for tree works on the site. Many of the trees on the site are subject to a TPO (TPO No. 1/1987). CONSULTATIONS/NOTIFICATIONS EHO Contaminated Land No Objection. Harrogate Civic Society 1. The application should be refused because Courtfield makes a positive contribution to the character of the conservation area and the replacement dwelling would make a lesser contribution. 2. The ideal solution would be to bring the house back to its original condition. This would include demolishing the detached bungalow and later additions and rebuilding the garage. 3. Trees would be unnecessarily affected. NYCC Highways And Transportation

3 No objection subject to conditions to control the access layout and to prevent mud on the road during construction. DCS Arboricultural Officer See assessment. DCS - Open Space See assessment. H.B.C Land Drainage Comments awaited. Rural Strategy Officer Comments awaited. Conservation and Design Section See assessment. Yorkshire Water Ltd (PO Box 500) Comments awaited. Environment Agency - Dales Area Office No objection. RELEVANT PLANNING POLICY NPPF National Planning Policy Framework LPCFX Harrogate District Local Plan (2001, as altered 2004) Policy CFX, Community Facilities Protection LPHD03 Harrogate District Local Plan (2001, as altered 2004) Policy HD3, Control of development in Conservation Areas LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPHD13 Harrogate District Local Plan (2001, as altered 2004) Policy HD13, Trees and Woodlands CSSG2 Core Strategy Policy SG2 Settlement Growth: Hierarchy and limits CSSG4 Core Strategy Policy SG4 Settlement Growth: Design and Impact CSC1 Core Strategy Policy C1: Inclusive communities LPH05 Harrogate District Local Plan (2001, as altered 2004) Policy H5, Affordable Housing OPGCHG Other Planning Guidance, Harrogate Conservation Area Character Appraisal CSEQ1 Core Strategy Policy EQ1: Reducing risks to the environment CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt APPLICATION PUBLICITY SITE NOTICE EXPIRY: PRESS NOTICE EXPIRY: REPRESENTATIONS Three representations have been received, including one from Harrogate Civic Society. The

4 points raised are summarised below. 1. The application should be refused because Courtfield makes a positive contribution to the character of the conservation area and the replacement dwelling would make a lesser contribution. 2. The ideal solution would be to bring the house back to its original condition. This would include demolishing the detached bungalow and later additions and rebuilding the garage. 3. Trees would be unnecessarily affected. 4. The woodland management plan should include the large trees which overhang 5 St James Drive which need to be cut back as they extend significantly over the property. 5. The area is covered by Tree Preservation Order no In view of the area available for development after demolition of the existing buildings, it should not be necessary to fell the 5 trees and 2 groups of trees, which are not noted as being dead, dying nor dangerous. 6. The site area is now measured as 1.3ha in the Planning Site Notice. This raises the implications of an element of affordable housing on sites over 0.5ha as noted in Affordable Housing Policy H5 para A. VOLUNTARY NEIGHBOUR NOTIFICATION The applicant sent 25 invitations to neighbours inviting them to a presentation of the proposal in September. 22 individuals turned up representing 15 households. ASSESSMENT OF MAIN ISSUES 1. COMMUNITY FACILITIES PROTECTION: Saved policy CFX of the Local Plan seeks to encourage the retention of a wide variety of locally based community facilities in order to ensure people have good access to a range of services and therefore maintain viable and sustainable communities particularly in rural areas. In March of this year planning permission was approved for the conversion of the nursing home to form one dwelling house. The loss of the nursing home was considered in this application and it was considered that this facility does not constitute a community use under the terms of Policy CFX because it was restricted to use by employees (and their dependents) of the Nat West Bank/Royal Bank of Scotland Group only. The principle of the loss of the nursing home has therefore been established and does not need further consideration at this stage. 2. AFFORDABLE HOUSING: The site area is 1.3 hectares. This is well above the site area threshold (0.5ha) at which affordable housing is normally required under the terms of saved policy H5 of the Harrogate District Local Plan. The supplementary Planning Document for affordable housing advises that the Council will calculate the affordable housing requirement based on the gross developable area of the red line site boundary on a planning application. In this case the majority of the site is covered by a Tree Preservation Order which brings the gross developable site area below 0.5 hectares (0.4 approx.). There is no affordable housing requirements in this circumstance. 3. IMPACT ON THE CHARACTER OF THE CONSERVATION AREA: One of the 12 Core Planning Principles in the NPPF states that planning should: always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings. Section 7 para. 56 of the NPPF states that good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people.

5 Section 12 of the NPPF refers to conserving and enhancing the historic environment. It requires local planning authorities to employ a positive approach to the conservation and enjoyment of the historic environment. It recognises that heritage assets are an irreplaceable resource, which should be conserved in a manner appropriate to their significance. Paragraph 134 of Section 12 of the NPPF states that 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 securing its optimum viable use. Paragraph 135 of Section 12 of the NPPF states that the effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that affect directly or indirectly non designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset. Policy SG4 (Design & Impact) of the Core Strategy states that all development proposals in the District should be well integrated with, and complementary to, neighbouring buildings and the spatial qualities of the local area and be appropriate to the form and character of the settlement and/or landscape character. Policy EQ2 (The natural and built environment and Green Belt) states that the District's exceptionally high quality natural and built environment will be given a level of protection appropriate to its international, national and local importance. One of the priority measures to protect and enhance the District's natural and built environment is to ensure that new development incorporates high quality locally distinctive design. Saved policy HD20 of the Harrogate District Local Plan deals with design and generally advises that new buildings should respect the spatial quality of the area and the scale height and proportions of neighbouring properties and that materials should respect materials of neighbouring buildings and the local area. The application site is located within an established residential area which is characterised by large detached properties set in spacious plots. It is bound by mature trees and a stone wall with dressed stone copings which follows the curve in the road. To the south and west the site is bound by a timber post and rail fence. To the west within the site there is an area of woodland, which is identified in the conservation area appraisal as important. The site is within the designated conservation area for Harrogate and whilst there are a number of individual buildings of impressive character in the immediate vicinity of the site, overall it is the general character of the area rather than the architectural quality of individual buildings, which merits inclusion in the conservation area. The plot currently accommodates a large property, the largest on the street, which has latterly been used as a residential care home. The original building fronting onto St. James Drive is attractive but has suffered inappropriate large scale extensions and alterations over time which detract from its character and are not considered to be of architectural merit. On balance it is considered that the demolition of the existing buildings on the site is acceptable provided the proposed replacement represents an enhancement to the character of the area.

6 The proposed dwelling is an innovatively designed property, with the accommodation being arranged in a circular form and the height and massing being stepped to reflect the context of the site in terms of the topography. This design is complimented by the palette of materials proposed which is dominated by the use of render, boarded timber cladding and large areas of glazing. The building has flat roofs, some will be planted (green roofs) and others will be clad in zinc. The building has been positioned slightly forward of the existing but follows the building line of the property to the north. It has been orientated so that the front elevation reflects the curve of St. James s Drive. The accommodation includes five en-suite bedrooms, a home office, leisure suite with swimming pool, plant room and a large underground garage to accommodate the applicant s private collection of cars. A separate detached garage with grounds store is also proposed. The existing building on the site is approximately 11 metres to the ridge and 5.7 metres to the eaves. The two storey element of the proposed building is approximately 9 metres tall. The single storey elements vary in height because of the varying levels across the site but are generally in the region of 5 metres tall. Despite being lower than the existing building, the proposed building will still be an imposing structure in the street scene. The massing is the same over the full height as compared to the existing, where the massing is reduced above the eaves line because of the sloping roof. The fact that the proposed is being moved approximately 3 metres closer to the road will contribute further to its presence in the street scene. Notwithstanding this, it is considered that it will not have an over-dominant effect. It will be set back approximately 23 metres from the road edge and will be set within extensive grounds. The existing wood to the south and houses to the north will substantially screen the building from the road. It will be seen over a short section of St. James Drive but its massing will be broken up by the existing trees and shrubs along the front boundary. Overall, it is considered that the scale and massing of the proposed dwelling are commensurate with the size of the site and the scale of the existing landscaping on the site. The conservation officer raised concerns about the front elevation failing to reflect domestic proportions. The elevation would be visible from a section St. James Drive but would be screened to a large extent by the existing woodland to the south, residential properties to the north and by existing trees along the boundary. The applicant has amended the fenestration in this elevation so it is more domestic in scale. He has also introduced more pronounced horizontal banding within the detailing of the façade to reduce the perceived height. The conservation officer has considered these changes and, on balance, considers that this elevation is now acceptable. In conclusion, it is considered that the proposal represents quality design that will enhance the character and spatial quality of the conservation area. 4. OPEN SPACE PROVISION: A signed unilateral undertaking to pay 3, towards the provision of open space has been received. This meets the requirements of policy C1 of the Core Strategy. 5. TREES: Saved Policy HD13 of the Harrogate District Local Plan advises that the loss of trees which contribute to the character or setting of a settlement will not be permitted. The majority of trees on the site are covered by Tree Preservation Order. A tree survey has

7 been submitted in support of the application. This indicates that 5 trees and three groups of trees will need to be removed to accommodate the proposed development. The five individual trees are 2 Conifers (approximately 6m tall), 2 Sycamore (approximately 16.5m and 22.5m tall) and 1 Cedar (23.5m). The three groups consist of: Group 1: 3 Yew, 2 Japanese Maple and 4 Holly. Group 2: 3 Wild Cherry and Group 3: 5 Apple trees. The arboricultural officer has no objection to the loss of these trees subject to conditioning a landscaping scheme to ensure replacement planting is adequate. It is recommended in the tree survey submitted in support of the application that a Silver Birch (18.5m tall) and two Horse Chestnuts (23m tall) are removed due to their short projected remaining safe life expectancy and a Bird Cherry due to its low value. The removal of these trees does not form part of this application and will require separate consent from the planning authority. The woodland and individual trees on the site make a significant contribution to the character of the conservation area. The trees to be removed are internal to the site and represent a small proportion of the total number of trees on the site. It is considered that the loss of these trees will have no significant impact on the valuable contribution the site makes to the appearance of the conservation area. The applicant has proposed a Woodland Management Plan and it is considered that this is a positive way forward and will help to ensure the long term ecological and environmental aspects of the wood. The plan is a descriptive series of steps that will lead, over a period of 15 years, to stronger ecological woodland. A condition is proposed requiring the woodland to be managed in accordance with the submitted woodland management plan. A further condition is proposed requiring replacement replanting for the removed trees. 6. RESIDENTIAL AMENITY: Policy SG4 of the Core Strategy advises that all development proposals in the district should preserve and where possible enhance residential amenity. The proposed dwelling is positioned in a similar location to the existing but the main building shifts to the west by approximately 5 metres so that it now faces onto the dwelling house to the north rather than the rear garden area of the property. The distance from the boundary remains the same (7m approx.) and the overall height is reduced. The proposed double garage and store are low, flat roof buildings that will have no significant impact on neighbouring properties. A balcony is proposed above the single storey flat roof element on the front elevation. This faces onto the gable of the property to the north and is approximately 7 metres off the boundary which is formed by a tall hedge. There may be some views into part of the front garden and rear garden area of the property to the north if someone was standing and facing north but these views will be limited due to the distance from the boundary and the height of the boundary hedge. Additionally the predominant outlook from the balcony is to the west (to catch the evening sun) and it is likely that users of the balcony will be sitting down most of the time. In these circumstances it is considered that the proposed balcony will have no significant impact on the property to the north. The south, east and west facing elevations of the building are set well in from the site boundaries and will have no significant impact on neighbouring properties.

8 CONCLUSION The principle of the loss of the nursing home has been established through an existing permission on the site and it is considered that the proposed development will not harm the character of the conservation area or the interests of residential amenity. The developable area of the site is below the threshold where there would be an affordable housing requirement and the loss of trees on the site is acceptable subject to a condition to agree replacement planting. A signed unilateral undertaking to make a financial contribution towards the provision of open space is awaited. Subject to receiving this, it is considered that the proposal complies with the requirements of the development plan. There are no other material considerations in these circumstances that warrant setting aside these requirements. CASE OFFICER: Mr Gerard Walsh RECOMMENDATION That the application be APPROVED subject to the following conditions:- 1 The development hereby permitted shall be begun on or before. 2 The development shall be carried out in accordance with the following approved plans: PL02, PL03, PL04 Rev A, PL05 Rev A, PL06, PL07, PL08 Rev A, PL09 Rev A, PL10, PL11 Rev A, PL16, PL17, PL18, PL19, PL20, PL21 PL22, PL23, AWB25 - LM01, AWB25 - E01 and BTC293 - TPP. 3 A detailed scheme for landscaping, including the planting of trees and or shrubs and the use of surface materials shall be submitted to the Local Planning Authority and no development shall take place until the Local Planning Authority have approved a landscaping scheme; such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and the timing of implementation of the scheme, including any earthworks required. The scheme shall also includes full details of tree planting to replace those lost to accommodate the development. Thereafter the landscaping and tree planting shall be carried out in accordance with the approved details. 4 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 (RPA) works required by the tree protection scheme detailed on plan reference BTC293-TPP (Bowland Tree Consultancy) are in place and they shall be retained until all the works approved under the terms of this permission have been completed. 5 The applicant shall to retain an arboricultural consultant throughout the development process ( including the proposed tree planting) who shall forward a monthly progress report to the LPA. The progress report is required to demonstrate that the trees are being protected in accordance with the submitted detail during the course of the

9 development. 6 The woodland on the site shall be managed in accordance with the Woodland Management Plan (prepared by Bowland Tree Consultancy Ltd.) submitted in support of the application. A schedule of proposed woodland works covering a 12 month period shall be submitted within one month of the commencement of development for the written approval of the local planning authority. Thereafter a schedule of proposed woodland works shall be submitted on an annual basis (again for the written approval of the LPA), on or before the anniversary of the first submission, for a period of 15 years. All works shall be carried out in accordance with the approved details. 7 There shall be no access or egress by any construction vehicles between the highway and the application site until details of the precautions to be taken to prevent the deposit of mud, grit and dirt on public highways by vehicles travelling to and from the site have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. These facilities shall include the provision of wheel washing facilities where considered necessary by the Local Planning Authority in consultation with the Highway Authority. These precautions shall be made available before any excavation or depositing of material in connection with the construction commences on the site and be kept available and in full working order and used until such time as the Local Planning Authority in consultation with the Highway Authority agrees in writing to their withdrawal. 8 Unless otherwise approved in writing by the Local Planning Authority there shall be no establishment of a site compound, site clearance, demolition, excavation or depositing of material in connection with the construction on the site until proposals have been submitted to and approved in writing by the Local Planning Authority for the provision of: (i) on-site parking capable of accommodating all staff and sub-contractors vehicles clear of the public highway (ii) on-site materials storage area capable of accommodating all materials required for the operation of the site. The approved areas shall be kept available for their intended use at all times that construction works are in operation. No vehicles associated with on-site construction works shall be parked on the public highway or outside the application site. 9 Prior to the occupation of the dwelling house, the access to the site shall be set out and constructed in accordance with the published Specification of the Highway Authority and the following requirements: The existing access shall be improved by Standard Detail E6 tarmac. 10 No development shall take place until a Design Stage Code for Sustainable Homes Certificate issued by BRE or STROMA for each dwelling type comprised in the development has been submitted to and approved in writing by the Local Planning Authority. The Code Level to be achieved will be a minimum of: Code Level 4 for dwellings completed between 2011 and 2015

10 Code Level 6 for dwellings completed after Thereafter the development shall be carried out in accordance with the approved details. 11 A Post Construction Stage Certificate issued by BRE or STROMA for each dwelling type comprised in the development shall be submitted for the approval in writing by the Local Planning Authority prior to the first occupation of each dwelling to which the Certificate relates. 12 Samples of the materials it is intended shall be used externally in the construction of the roof and walls of the development hereby approved and details of the colour of the rainwater goods and windows, shall be submitted for the written approval of the Local Planning Authority prior to their use. Thereafter the development shall be carried out in accordance with the approved details. 13 Windows shall be balanced whether fixed or opening casements i.e. the opening casement should sit within the thickness of the frame rather than proud of it. 14 Elevations and construction details of the proposed retaining wall along the northern boundary shall be submitted for the written approval of the local planning authority prior to its erection. Thereafter the wall shall be built in accordance with the approved details. Reasons for Conditions:- 1 To ensure compliance with Sections of the Town and Country Planning Act For the avoidance of doubt and in the interests of proper planning and development. 3 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity. 4 To protect the existing trees on the site. 5 To ensure existing trees are protected throughout the course of the development. 6 To ensure that the woodland is properly managed in view of the fact that it has been included within the domestic curtilage of the property. 7 In the interests of highway safety. 8 To provide for appropriate on-site vehicle parking and storage facilities, in the interests of highway safety and the general amenity of the area. 9 To ensure a satisfactory means of access to the site from the public highway in the interests of vehicle and pedestrian safety and convenience. 10 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 11 To safeguard the environment and mitigate climate change in accordance with Harrogate District Core Strategy Policy EQ1. 12 In order to ensure that the materials used conform to the amenity requirements of the locality. 13 In the interests of visual amenity. 14 In the interests of visual and residential amenity.

11 INFORMATIVES 1 This planning permission gives permission for the removal of 5 trees and three groups of trees referenced T2, T3, T7, T10, and G1, G2 and G6 on the Tree Survey Schedule for Arboricultural Impact and Protection Appraisal submitted in support of the application. Works to other protected trees on the site shall be the subject of a separate application or notification to the planning authority. 2 You are advised that a separate license will be required from the Highway Authority in order to allow any works in the adopted highway to be carried out. The 'Specification for Housing and Industrial Estate Roads and Private Street Works' published by North Yorkshire County Council, the Highway Authority, is available at the County Council's offices. The local office of the Highway Authority will also be pleased to provide the detailed constructional specification referred to in this condition.

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