010518 planning item 6 ashes farm, barton...3.0 description of the site and surroundings 3.1 the...

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Item 6 Planning Committee 1 May 2018 Outline Application with Some Matters Reserved for 35 Dwellings, Creation of New Vehicular Access Point, Open Space, Public Car Park and Associated Infrastructure (As Amended) The Ashes Farm Silver Garth Barton North Yorkshire DL10 6JJ Report of the Planning and Community Development Manager Barton Key Decision = N Date Application Received: 18 December 2017 Target Date for Decision: 19 March 2018 Applicant: Mr John Paul Lawson Agent (where applicable): Mr Craig Stockley View Application Documents, Consultation Responses, Representations Received and Other Background Papers Online: https://documents.richmondshire.gov.uk/Planning/dial og.page?org.apache.shale.dialog.DIALOG_NAME=g fplanningsearch&Param=lg.Planning&SDescription= 17/00901/OUT&viewdocs=true 1.0 Purpose of the Report and Decisions Sought 1.1 To set out details of the proposal, a description of the site and its surroundings, a summary of planning policy and planning history, details of views expressed by consultees, a summary of the relevant planning issues and a recommendation to assist the Committee in considering and determining this application for planning permission. 2.0 Background and Details of the Proposal 2.1 The proposal has been substantially amended in relation to the scheme as originally submitted. The original proposals envisaged a residential scheme of 60 dwellings it has subsequently been amended to reduce the number of proposed dwellings to 35, but still with 30 per cent of the proposed dwellings being affordable. A revised application form and site location plan has subsequently been submitted to reflect the amendments to the scheme as originally submitted. 9

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Page 1: 010518 Planning Item 6 Ashes Farm, Barton...3.0 Description of the Site and Surroundings 3.1 The Ashes Farm consists of a farmstead and agricultural land located on the north side

Item 6

Planning Committee 1 May 2018

Outline Application with Some Matters Reserved for 35 Dwellings, Creation of New Vehicular Access Point, Open Space, Public Car Park and Associated Infrastructure (As Amended)

The Ashes Farm Silver Garth Barton North Yorkshire DL10 6JJ

Report of the Planning and Community Development Manager Barton

Key Decision = N

Date Application Received:

18 December 2017 Target Date for Decision:

19 March 2018

Applicant: Mr John Paul Lawson

Agent (where applicable): Mr Craig Stockley

View Application Documents, Consultation Responses, Representations Received and Other Background Papers Online:

https://documents.richmondshire.gov.uk/Planning/dialog.page?org.apache.shale.dialog.DIALOG_NAME=gfplanningsearch&Param=lg.Planning&SDescription=17/00901/OUT&viewdocs=true

1.0 Purpose of the Report and Decisions Sought

1.1 To set out details of the proposal, a description of the site and its surroundings, a summary of planning policy and planning history, details of views expressed by consultees, a summary of the relevant planning issues and a recommendation to assist the Committee in considering and determining this application for planning permission.

2.0 Background and Details of the Proposal

2.1 The proposal has been substantially amended in relation to the scheme as originally submitted. The original proposals envisaged a residential scheme of 60 dwellings it has subsequently been amended to reduce the number of proposed dwellings to 35, but still with 30 per cent of the proposed dwellings being affordable. A revised application form and site location plan has subsequently been submitted to reflect the amendments to the scheme as originally submitted.

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2.2 The amended scheme proposes a single vehicle access that would be off Church

Lane, rather than multiple vehicle accesses as proposed in the scheme as originally submitted where accesses would also have been made available from Silver Street and Silver Garth.

2.3 With the exception of the aforementioned access, all matters of detail are reserved.

The application is accompanied by an amended illustrative site layout plan indicating how the amended scheme might be laid out within the application site. A copy of this is provided at Appendix 1 along with a revised Planning and Sustainability Statement that supports the application at Appendix 2. Together these explain the underlying concepts of layout, scale, appearance, access, landscaping and open space provision.

2.4 The mix of housing within the proposed development is something that would be

part of a subsequent reserved matters submission, but there is a commitment within paragraph 6.16 of the revised Planning and Sustainability Statement to ensure that the housing mix within the application site is consistent with the requirements of Policy CP5 of the Local Plan. 30% of the properties would be affordable housing. Based on the amended number of units, there is a policy requirement for open space provision, to be provided on or off site as appropriate.

2.5 The proposals also include the provision of a car parking area in the north of the site

adjacent to Church Lane to provide additional parking for church goers and users of the sports pavilion and cricket pitch to the east and north-east of the application site. A pedestrian link from the development to Silver Street through an area of green space within the south of the application site.

2.6 The proposals would involve the partial diversion of the public bridleway that passes

through the application site. The amended route is shown within the revised plans and particulars of the application.

2.7 The application is supported by the following documents:

• Revised Design and Access Statement (March 2018) • Affordable Housing Statement • Revised Planning and Sustainability Statement (March 2018) • Statement of Community Involvement • Transport Statement • Automatic Traffic Count Plan and Data • Church Lane Site Access Junction (Rev.C) • Phase 1 Desk Top Study Report (including Appendices and Plans) • Revised Flood Risk & Drainage Assessment and Appendices (Rev. C – 20th

March 2018) • Revised Landscape and Visual Appraisal and Appendices/Figures (March 2018) • Preliminary Ecological Appraisal • Bat Mitigation and Compensation Strategy (9th March 2018)

All documents are available to view as required through the ‘Public Access’ area of the Council’s web site using the link at the beginning of this report.

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3.0 Description of the Site and Surroundings 3.1 The Ashes Farm consists of a farmstead and agricultural land located on the north

side of Silver Street in the centre of Barton. The application site is situated outside but adjacent to Development Limits.

4.0 Planning Policies Richmondshire Local Plan 2012/2028 Core Strategy 4.1 The following policies of the Local Plan Core Strategy are relevant in considering

this application:

SP1: Sub Areas SP2: Settlement Hierarchy SP3: Rural Sustainability SP4: Scale and Distribution of Housing Development North Richmondshire Spatial Strategy CP1: Planning Positively CP2: Responding to Climate Change CP3: Achieving Sustainable Development CP4: Supporting Sites for Development (with reference to Saved Policy 23 of the Local Plan 2001) CP5: Providing a Housing Mix CP6: Providing Affordable Housing CP11: Supporting Community, Cultural and Recreation Assets CP12: Conserving and Enhancing Environmental and Historic Assets CP13: Promoting High Quality Design CP14: Providing and Delivering Infrastructure

National Planning Policy Framework 4.2 As a means of achieving sustainable development and alongside the presumption

in favour of sustainable development proposals that meet the twelve core planning principles set out in the National Planning Policy Framework, the following specific sections of the document are relevant in considering this proposal:

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• Promoting Sustainable Transport • Delivering a Wide Choice of High Quality Homes • Requiring Good Design • Promoting Healthy Communities • Meeting the Challenge of Climate Change, Flooding and Coastal Change • Conserving and Enhancing the Natural Environment

5.0 Planning History 5.1 Application for Prior Approval Under Part 24 of the GPDO in Respect of Permitted

Development for Replacement of 6 No. Antennae; Installation of 4 No. Microwave Dishes; Replacement of 1 No. Microwave Dish; and Provision of 1 No. Electricity Meter Cabinet with Power Supply (1/93/8C/TEL) Prior approval not required, November, 2001.

5.2 Application for Prior Approval Determination Under Part 24 of the GPDO in Respect

of Erection of 15m High Silo Containing Three Antennas; Two Microwave Dishes and Equipment Cabinet. The applicant informed in March 2002 that the Local Planning Authority considered that prior approval was required for the siting and appearance of the development as proposed. A subsequent appeal against the Local Planning Authority’s decision was withdrawn in August 2002 after an alternative site was agreed.

5.3 Outline planning permission was approved in October, 1996 for the erection of a

dwelling house (as amended) In addition to standard conditions relating to timescales and the requirement to have approval from the Local Planning Authority of details in relation to the “reserved matters” prior to the commencement of the development, permission was granted subject to the following conditions:

• The occupation of the dwelling shall be limited to a person solely or mainly

working, or last working, in the locality in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependents.

• The dwelling hereby approved shall not be first occupied until the agricultural buildings approved by planning permission reference 1/93/129A/PA have been erected and brought substantially into use for their designated purposes.

• The details of reserved matters…shall provide for a two storey dwelling of traditional proportions and architectural detailing.

Planning permission was granted subject to the signing of a Section 106 Agreement

being signed that limited the erection of new agricultural buildings and extensions to existing buildings at The Ashes Farm without the written approval of the Local Planning Authority. There was no requirement within the Section 106 to decommission or dismantle any part of the agricultural site.

5.4 A subsequent Approval of Reserved Matters application for the erection of a

farmhouse with outbuildings (garaging and storage) was approved in March, 2000 (1/93/129E/AORM)

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6.0 Consultations Undertaken and Representations Received 6.1 As referred to in paragraph 2.1 above, the proposal was materially amended during

the course of its consideration and accordingly re-consultation has taken place. Consultees were advised that previous comments would be retained on file, but comments should be resubmitted in relation to the proposal as now amended although earlier comments would be taken into account where still relevant to the amended scheme. Members may still review the earlier comments along with the new comments in full if required by using the link at the beginning of this report.

6.2 Parish Council: The Parish Council have made the following material observations

in relation to the amended scheme:

• They note the response from Northumbrian Water and from Flood Risk Management who have not raised any concerns.

• Maintain concerns regarding the suitability of Church Lane to provide access to the development due to the narrowness of the highway and with areas that can’t be widened.

• Concerns have been expressed by the occupants of 46 and 48 Silver Street regarding gaining access to their garages once the development is complete. (NB - although this is a private legal matter, the indicative layout suggests that an a suitable access to the garaging can be maintained as part of any approved site layout at reserved matters stage)

• They are pleased to note the potential for moving the 30mph signs but feel it would be better to move them beyond the playing fields due to the nature of the highway.

6.3 Highway Authority: No objections. Recommend conditions in the event of outline

planning permission being granted to cover the following matters: detailed plans of road and footway layout; construction of roads and footways prior to occupation of dwellings; discharge of surface water; provision of permanent site access; provision of specific visibility splays; approval of details for works within the highway; provision and future retention of access, turning and parking areas; restriction on the future conversion of garages to habitable rooms; submission and approval of measures to prevent mud being drawn onto the highway; time/day restrictions on construction traffic; submission of a highway condition survey and submission and approval of on-site construction traffic and materials storage.

6.4 Public Rights of Way: Have confirmed that their response remains unchanged

from their recommendation to the application as originally submitted. The original response raised no objections, but recommended that if planning permission is granted that an informative is added to the Decision Notice informing the applicant that the existing Public Right(s) of Way on the site must be protected and kept clear of any obstruction until such time as any alternative route has been provided and confirmed under an Order made under the Town and Country Planning Act (1990) The informative confirms that the public bridleway should not be enclosed between hedgerows. It is also recommended that where possible the bridleway is integrated into public open space but if it needs to be separated from adjacent land this is achieved with an open post and rail or estate fence no more than 1.2 metres high.

The Public Rights of Way Team acknowledge that the amended proposal

recognises that a bridleway diversion is required and they confirm that the proposed new route of the bridleway is satisfactory, although they request that the points

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raised by the British Horse Society in their response are taken into consideration in relation to the surfacing and width of the diverted bridleway.

They draw attention to the incorrect route of the existing bridleway as shown within

the revised Design and Access Statement and have provided a plan showing the correct alignment of the bridleway. When the Footpath Diversion Order is made, the Order Plan should reflect the correct alignment of the bridleway.

6.5 Richmondshire Ramblers: No comments have been received in relation to the

amended scheme, although the Ramblers’ comments in relation to the application as originally submitted are stated below:

The proposals have taken account of the public bridleway (NYCC 20.6/1/2) enclosing

the route in a green space buffer and would encourage keeping the “green zone” around the footpath as wide as possible bearing in mind that it will be used by horse riders, cyclists & walkers. They request that a sustainable solution is agreed for the ongoing maintenance of the public bridleway and that the route is constructed with adequate drainage. These matters should be approved/required by planning condition should planning permission be granted. They ask that consideration is given to the potential for providing funding for improvements to the local PROW network (through the completion of a Section 106 agreement) Observations have been made about public consultation.

6.6 British Horse Society: Have confirmed that their response remains unchanged

from their recommendation to the application as originally submitted (see paragraph directly below), although they have confirmed that the proposed bridleway re-location is acceptable within a 10 metre wide green corridor.

The proposed re-alignment of the route would appear to be acceptable for horse

riders, and they would encourage the applicant to keep the “green zone” around the bridleway as wide as possible. With regard to the surface of the bridleway, BHS would not accept tarmac, although a compacted stone/dust surface would be acceptable and would be suitable for all, including cyclists, pedestrians and walkers. The route will need to be constructed with adequate drainage and on a good foundation base for longevity and durability. They request that these provisions for the preservation of the bridleway in the green corridor and for the construction of the route are subject to a planning condition, should permission be granted.

6.7 Flood Risk Management: Confirm that the application site is located within Flood

Zone 1, but with some areas of the site falling within high surface water flood risk (1 in 30 year annual probability) Risk of flooding by ground water is not considered to be significant.

Flood Risk Management also recognise that it is proposed to discharge of surface water via infiltration, and therefore recommend the undertaking of percolation testing and the submission of the results to the LPA that in order to determine the soil infiltration rate within the application site. Nevertheless, Flood Risk Management are satisfied that should surface water discharge via infiltration (following infiltration testing) and to a watercourse prove unworkable, then there is a suitable surface water runoff destination to a public surface water sewer, having been agreed In principle) by Northumbrian Water. Flood Risk Management also recognise that the Flood Risk & Drainage Assessment demonstrates a reasonable approach to the management of surface water for the site.

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Flood Risk Management recommend conditions to be imposed (in the event of outline planning permission being granted) requiring the approval of a detailed foul and surface water surface drainage scheme that follows the principles of sustainable urban drainage and includes details of any phasing. The scheme shall include details of restricted maximum flowrates, allowances for climate change, urban creep and any additional impact on the watercourse network, details of an appropriate Exceedance Flow Plan, details for the treatment of surface water/pollution prevention and measures for future management and maintenance of the approved scheme. Flood Risk Management also recommend a condition requiring details of finished floor levels of properties to be submitted to and approved by the LPA.

6.8 Northumbrian Water: No additional comments to make in relation to their

comments in relation to the originally submitted application. Northumbrian Water’s original comments are therefore stated below:

The application does not provide sufficient detail with regards to the management of foul and surface water from the development for Northumbrian Water to be able to assess their capacity to treat the flows from the proposed development. As such, Northumbrian Water have recommended a planning condition preventing the commencement of the development until a detailed scheme for the disposal of foul and surface water from the development has been submitted to and approved in writing by the Local Planning Authority in consultation with Northumbrian Water and the Lead Local Flood Authority. The surface water scheme shall be developed by working through the “Hierarchy of Preference” in Part H (Revised) of the Building Regulations (2010), i.e. soakaway, watercourse, and finally sewer. If sewer is the only option then discharge rates & points into the public sewer network should be agreed with Northumbrian Water.

6.9 Yorkshire Wildlife Trust: Having reviewed the application as originally submitted (including the Preliminary Ecological Appraisal) YWT noted that several of the buildings on the development site had been identified as bat roosts, with bat droppings and entrance holes present, with no information submitted regarding any additional survey effort identifying the sizes of the bat roosts to determine the scale of impacts on local bat populations, or the amount of mitigation/ compensation required. YWT therefore concluded that it was impossible at that stage to determine the likely scale of impacts on the local bat population and whether the development will be likely to be permitted a European Protected Species licence. YWT advised that bat activity surveys needed to be undertaken in line with Bat Conservation Trust Guidelines (Bat Surveys for Professional Ecologists Good Practice Guidelines, third edition). This should take the form of bat emergence and re-entry surveys for each building, and bat activity transects for the whole site is going to be re-modelled. They also advised that the level of survey effort for high roost suitability is undertaken, as signs of bats have been identified in the buildings.

Having been consulted on the subsequently submitted Bat Mitigation & Compensation Strategy document with the amended scheme, YWT were able to confirm at that stage they considered the DNA testing to be an appropriate means of assessing the nature of bat use within the site and were satisfied with the mitigation measures proposed in the document.

Following an objection submitted on behalf of the applicants for the Rose Villa Farm application also under consideration to the amended scheme, the YWT have revised their comments stating that the current planning application should not be

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granted until after the aforementioned bat surveys have been undertaken and the scale of impacts have been assessed. (in line with the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2017) As signs of bats have been identified within the development site there is a risk of an offence being committed through the injury/ killing of bats and destruction of bat roosts. Although YET recognises that the Bat Mitigation & Compensation Strategy document is “as thorough as possible”, and (the mitigation measures proposed) would almost certainly work, there is nevertheless little detail on exactly where bats are entering the buildings (where droppings were found) and how many bats may be present. This information cannot be obtained without emergence surveys once bats are active again. Due to there being a “cold, wet spring” the formation of maternity roosts (if present) could be late, possibly May or June.

6.10 CPRE North Yorkshire: No response received to the scheme as amended. 6.11 North Yorkshire Police: Whilst it is acknowledged that the application is an outline

application, the submitted (revised) Design and Access Statement makes limited reference to crime prevention measures that would be incorporated into the development. North Yorkshire Police have therefore recommended that issues of defensible space which is clearly defined, owned and has good natural surveillance. (as described in section 2 of their response) should be considered, namely:

• Front gardens and corner plots should be defined using low walls, railings or

planting, particularly where they front on footpaths and/or open space (e.g. plot 16)

• Curtilage or on-street parking in front of properties is advocated when no garage is being provided.

• The boundary definition/protection and any associated door/gate to the rear of each property should be a minimum height of 1.8 metres.

• Sub-division boundaries between properties should be a minimum height of 1.8 metres (e.g. fencing to 1.5 metres with 0.3 metre trellising)

• Amenity space should be subject to an effective maintenance plan to promote respect for the space and discourage anti-social and illegal behaviour.

• Different ensure types of properties should not be identifiable by house type or location.

It is noted that the proposed vehicular access onto the site and movement within it is suitable as it keeps permeability at an appropriate level. The indicative site layout would provide natural surveillance of the public realm, aided by a number of small cul-de-sacs that promote familiarity and neighbour interactions.

6.12 North Yorkshire Education: No developer contributions would be sought for

primary education facilities or secondary school facilities based on the amended scheme of 35 dwellings.

6.13 Environmental Health: Although no additional response has been received from

Environmental Health in relation to the amended application, it is reasonable to conclude that the recommendation and conditions made in their response to the application as originally submitted (stated below) still apply. Members will be informed as any subsequent comments, if received, at the Committee Meeting:

No objections to the proposal in principle. Recommend conditions to be imposed in

the event of permission being granted to require a detailed assessment of any

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potential contamination of the site from previous land uses with provision for remediation and subsequent verification as necessary as well as a condition requiring construction works to only take place between 8.00 a.m. and 6.00 p.m. Monday to Friday and 9.00 a.m. to 1.00 p.m. Saturday with no working on Sundays and Bank Holidays. Due to the proximity of the A1(M), a condition is recommended that requires the development to assess traffic noise, and where necessary provide mitigation measures so that the development can comply with BS8233.

6.14 Local Residents: Summary of representations received in relation to the amended

application as follows (where comments made are material planning considerations) – all documents and full details can be viewed using the link at the beginning of this report:

W And S Robotham, The Old Vicarage, 17 Marygate, Barton • Object to the proposals. • A development of 12 houses (in accordance with a previous village plan) would

be more in keeping with the size and nature of the village. • Church Lane has limited capacity and additional excessive traffic would be a

hazard. • The proposal to include a car park is inappropriate and would become an area

for “fly-tipping, skateboards and misuse.” • A website search shows 900 houses for sale within a 5 mile radius of Barton. • Whilst a smaller development may be acceptable, there is no requirement for

swamping the village with a development of this size.

Mr and Mrs Watson, 5 Silver Garth, Barton • Support the proposal.

CB and EA Grayson, Ashcroft, Church Lane, Barton

• Object to the proposals. • Has stated that his previous letter/comments still apply (Mr Grayson’s previous

comments can be viewed using the link at the beginning of this report) • Although the number of dwellings within the scheme have been reduced, the

application site still covers the same area beyond that of the farm footprint. Numbers may be increased if outline planning permission is granted.

• Statements in the application regarding the northern boundary of the site and existing vehicle access (on Church Lane) are incorrect.

• The proposed car park is not needed for the patrons of either the church or the playing field. Who is going to police it, pick up litter and prevent anti-social behaviour?

• Church Lane (a minor category road) has poor visibility, pinch-points and no footway (with no room to build one) Church Lane is hazardous to pedestrians who share the carriageway with drivers.

• Concerns regarding the use of particular colours within the traffic-related road maps of the application.

• The existing access to the farm should be used and improved, avoiding the need to use Church lane used by pedestrians and cyclists.

• Reference is made in the application to Policy CP3 in support of the proposals, when in fact these policies would not support the proposed development.

• The North Richmondshire Spatial Strategy of the Local Plan does not support development of the size proposed.

• There is no justification for intruding onto good agricultural land.

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• The development would not respect existing infrastructure capacities,

particularly in terms of sewer disposal and the proposed access onto Church Lane.

• Overall, the proposals should be restricted to the footprint of the farm, comprise a suitable housing mix and have a vehicle access via the present but improved farm access point.

• No updated Transport Statement has been submitted with regards to the amended proposals. Comments have been reiterated in relation to issues with the Transport Statement as originally submitted.

Mr David Dinsdale, Ballantrae, Church Lane, Barton, 5 Silver Garth, Barton • Objects to the proposals. • Strongly believes that there should only be one road access to the proposed

development (i.e. form the approach road outside of the village to the A1) • There should be no public car park proposed and no dwellings fronting the Lane

opposite Church Meadows.

Mr and Mrs E. Hall, Hadleigh House, 8 Church Meadows, Barton • Objects to the proposals. • The size of the proposed development is inappropriate should not be allowed. • Church Lane (where the access is to be located) already experiences high

traffic volumes. Increase in traffic (along Church Lane) will be extremely dangerous due to its narrowness and poor visibility. The junction onto Silver Street also has limited visibility to the west.

• The proposed additional car parking should be discouraged due to security, litter and anti-social behaviour concerns. Neither the church nor the cricket field require it.

• Existing facilities (school, water treatment, sewage and doctors surgery) are already at near capacity.

Mr Jonathan Prudhoe, Kirkton House, Silver Garth, Barton • Objects to the proposal (although recognises that the amendments to dwelling

numbers and access points represent an improvement). • The single point of vehicle access via Church Lane will add additional vehicle

movements to Church Lane which is already “a bottleneck” and regularly used by agricultural traffic, although the provision of the car park would potentially alleviate some of the on-road parking issues.

• To avoid restricting traffic flows, the development requires two access points and the previously proposed access from Silver Street seemed to be a viable option with considerable benefits in terms of traffic movements through the village.

• Until the (vehicle) access points are properly thought through, the objection will remain to the proposed development.

Christine Theakston, Brandelhow, Church Lane, Barton • Objects to the proposals. • Requests that her original objections are retained (Ms Theakston’s previous

comments can be viewed using the link at the beginning of this report) • Access to her driveway is already dangerous as a result of the speed and

frequency of existing traffic. The proposals would only make this situation worse and more dangerous.

• Church Lane is a very narrow road leading from the Silver Street junction to the church and not wide enough for two vehicles to pass, whilst the Silver Street

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junction has limited visibility. Any increase in traffic will be “an accident waiting to happen”.

• The risk to pedestrian safety would increase significantly by such a planning proposal. There is no footpath along the lower ends of Church Lane and the many families and children who walk this route would put at significant increased risk/danger.

• The addition of the suggested access point from Church Lane to the proposed development would create a very dangerous junction which would have zero visibility of traffic already travelling along Church Lane from either direction, and often at speeds exceeding the speed limit.

• The addition of the proposed development increase the potential for Barton to be regarded as a commuter village rather than retaining the strong sense of community that currently exists.

Ms Clare Gibson, The Old Police House, 54 Silver Street, Barton

• Objects to the proposals. • Requests that her original objections are retained (Ms Gibson’s previous comments

can be viewed using the link at the beginning of this report) • Remains concerned regarding the increased volume of traffic resulting from the

development given her awareness of existing traffic volume and speed issues (along Church Lane)

• Increased traffic along Church Lane will put children and other pedestrians who use Church Lane further at risk and prevent safe pedestrian use of Church Lane.

• The proposed vehicle access onto Church lane would be an “accident waiting to happen” due to the lack of visibility. Mr Trevor and Julie Thurlow, 7 Church Meadow, Barton • Objects to the proposal (although recognises that the amendments to dwelling

numbers and access points represent an improvement). • Existing highway problems along Church Lane will be significantly increased if

the single point of access to the development (from Church Lane) is approved. A current “pinch point” in the carriageway, lack of footway and use of Church Lane by agricultural vehicles makes it a dangerous situation for both pedestrians and drivers. The junction of Church Lane and Silver Street is effectively a blind corner onto a busy road often used as a turning circle for users of the local shop.

• Potential for anti-social behaviour associated with the proposed car park and for use by residents, rather than by users of the church and playing fields.

• The potential lack of capacity within the existing foul drainage infrastructure to meet the needs of the development, without extending the current sewage treatment works.

Mr and Mrs G S McNulty, 8 Silvergarth, Barton • Commented on the proposals. • Are pleased to see that the amended scheme no longer includes a vehicular

access onto Silvergarth. • Consider the reduced number of dwellings to be more appropriate to the village. • Think that the addition of a car park would be a positive addition to the village

even if it is located too far from the church for some users. • The development of the site would be a positive step for a site that has been

neglected for a number of years. • Have doubts about whether Church Lane is adequate to take additional traffic

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The agents (George F. White) representing Mr and Mrs Farrow, Rose Villa Farm, Barton have raised the following objections and “fundamental concerns”: • Ecology. Reference is made to the Yorkshire Wildlife Trust’s initial consultation

response where it was noted that no bat emergence surveys had been undertaken. They are concerned that the applicant/agent for the proposed development has therefore shown complete disregard in relation to the initial advice of the YWT and also the Habitat Regulations by opting to undertake DNA sampling, rather than the required survey work. (an appraisal by “Naturally Wild” of the application’s survey and DNA testing has been provided in support of their concerns) They believe that determination of the application should be delayed until the duty under the Habitats Regulations is complied with and the required surveys carried out, followed by full consultation in order for the Council to comply with its legal duty.

• Noise and Nosie Survey. They note that Environmental Health in their consultation response recommended that a noise survey should be submitted due to the close proximity of the A1(M), although no survey has been submitted. They request that the survey work is undertaken and appropriate consultation carried out.

• Highways. Note that the submitted Transport Statement was carried out in a “quiet period”, therefore the TS is fundamentally flawed. There is little detail includes regarding existing traffic movements generated by the farm. It is their understanding that the haulage business (run form The Ashes Farm) is no longer “the hub of operations” it once was, therefore the percei3evd benefits to the village from its removal is not as great as its perceived to be. The also query whether there is a safe crossing point from the development (across or along the carriageway of Church Lane) to services within the village and doubt whether a suitable footway could be created. They also share the Parish Council’s concerns regarding safety along Church Lane.

• Phasing of Development – question whether the “phase one” relocation of The Ashes Farm has been a success

• Character and Form/Use of Undeveloped Land. Question why “unsightly” features within the application site (e.g. silos) have not been removed and the efficient use of land

• Consultation. Question the timing of reconsultation and associated publicity undertaken by the District Council.

6.15 Those who submitted objections to the application as originally submitted but did

not comment when re-consulted on the revised proposals were as follows: Paul and Trish Tomlin, 80 Silver Street, Barton Mr Michael Clare, Ash Lodge, 4 Silver Garth, Barton Mr and Mrs Whittaker, 47 Silver Street, Barton Mr and Mrs Fawcett, 10 Church Meadows, Barton Mr S. Ainsley, Black Gates, Silver Garth, Barton Mrs V Govan, 72 Silver Street, Barton Mr Simon Lee, Barley House, Church Meadow, Barton Mr Peter Flanagan, Penticton, 6 Silver Garth, Barton Joyce Sneddon, Silver Street (no house number provided) Yvonne James, Homestead, 8 Church Lane, Barton Mr Andrew Southall, 49 Silver Street, Barton Mrs F Tomlinson, 70 Silver Street, Barton Mr Michael Chapman, 50 Silver Street, Barton

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Mrs Heather Roberts, 74 Silver Street, Barton Mr Christopher Padgett, 66 Silver Street, Barton Dr. Mary Carr, The Rowans, 7 Silver Garth, Barton

6.16 The proposal has been further publicised by a site notice and newspaper

advertisement and the final period for representations to be made is 27th April 2018. Any representations received after that date will be reported to Members at the Planning Committee meeting.

7.0 Planning Issues Policy Considerations 7.1 The full list of relevant policies is set out in Section 4 above. The key policy

requirements of the Local Plan Core Strategy that have the greatest bearing on the consideration of this application are policies CP4 (Supporting Sites for Development), CP5 (Providing a Housing Mix) and CP6 (Providing Affordable Housing) in pursuance of the objectives of Spatial Principles SP2, SP4 and the North Richmondshire Spatial Strategy. Barton (along with Middleton Tyas and Melsonby) is one of three Primary Service Villages in the North Richmondshire sub area which together are expected to deliver at least 105 houses over the Plan period and the scale of development proposed in this scheme would assist in delivering those objectives

7.2 Policy CP4 supports development that is of a scale and nature appropriate to

secure the sustainability of settlements in the defined settlement hierarchy and sites which are located adjacent to the defined “development limits” of the settlement. The site adjoins the north-western ‘Development Limits’ of the village as defined by the Local Plan and the proposal meets other expectations of Policy CP4 in terms of the scale of development in relation to the existing settlement along with its accessibility and relationship to existing facilities. However, consideration must also be given to the capacity of existing infrastructure and to ensure that the proposal does not conflict with the requirements of other core policies. This site lies within a part of the Plan Area where Policy CP6 of the Core Strategy sets a target figure of up to 30% affordable housing whilst Policy CP5 expects new housing proposals to take account of local housing requirements across all sectors of the community in terms of size, type, tenure, accessibility and adaptability.

7.3 Other policy considerations of the Local Plan Core Strategy that need to be noted at

this point are:

• taking a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework […] working proactively with applicants to find solutions which mean that proposals can be approved wherever possible (Policy CP1).

• new residential development of more than 10 dwellings expected to submit an energy statement showing consideration of opportunities to deliver carbon savings in excess of Building Regulation requirements and to demonstrate that carbon savings have been maximised by incorporating these opportunities into the design (Policy CP2).

• supporting sustainable development which promotes […] the efficient use of land and infrastructure […] the health, economic and social well-being, amenity and safety of the population […] the distinctiveness, character, townscape and setting of settlements […] encouraging the use of previously developed land in preference to greenfield sites […] addressing any issues of land contamination

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or land stability arising from past uses and activities […] and development in locations which, as far as possible, minimises the need to travel (Policy CP3).

• supporting proposals that help create, protect, retain or enhance community, cultural and recreational assets […] ensuring the provision of sufficient quality recreation assets, including formal and informal, equipped and unequipped areas for open space and links to Public Rights of Way (Policy CP11).

• supporting development where it conserves and enhances the significance of the plan area’s natural and man-made, designated and undesignated assets (CP12).

• promoting high quality design and landscaping in all new developments (Policy CP13).

• providing, or enabling the provision of, the infrastructure made necessary by the development. Where it cannot be provided directly, developer contributions are required (Policy CP14).

Location and Housing Land Requirements 7.4 The Local Plan (‘Development Plan’) has specific policies relating to the appropriate

scale and distribution of housing development across the plan area in order to deliver the most sustainable development strategy. The Local Plan is “up to date” having been recently adopted in December 2014 and found to be sound and in accordance with the National Planning Policy Framework (NPPF). The NPPF is a material consideration and it emphasises the importance of the statutory “plan-led” system and confirms that applications for planning permission should be determined in accordance with the Development Plan unless material considerations indicate otherwise.

7.5 Spatial Principles SP1, SP2 and SP4 of the Local Plan together set out the

settlement hierarchy and housing delivery strategy across the various settlements in the plan area. Barton is a ‘Primary Service Village’ selected on the basis (inter alia) of having potential for some further development with relatively good access to local services. The Local Plan sets targets for new housing development within each sub-area and at each level within the settlement hierarchy. The target is based on the Plan’s objectively assessed housing need. Development is prioritised in locations close to existing facilities and infrastructure subject to its feasibility in terms of a range of constraints, infrastructure capacities, the availability of developable land and its consequences in terms of the local environmental impact of development. The amount and distribution of development for Primary Service Villages such as Barton is based on providing an appropriate scale of development to meet local needs and support the continued delivery of local services, such as primary schools and shops.

7.6 Spatial Principle SP4 is very clear in not only setting an overall amount of new

homes to be completed each year during the plan period, but crucially also stipulating that it will be (emphasis applied) distributed between the sub areas and settlement hierarchy according to a specific level of growth (105 dwellings between the aforementioned three North Richmondshire Primary Service Villages). The key objective of Policy CP4 is to support “development of a scale and nature appropriate to secure the sustainability of each settlement in the hierarchy”. Proposals should also “reflect and deliver the strategy for future development in the plan area in terms of the scale and distribution of development defined in the Core Strategy”. The policy objective is, therefore, to direct development at both a strategic and local level to the most suitable and sustainable locations.

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7.7 The Local Plan is underpinned by an aspiration to ensure that communities have a

better balance of jobs, services, facilities and homes in order to achieve a sustainable pattern of development. This strategy relies on the delivery of the appropriate scale and location of development across the hierarchy, as well as between and within individual settlements in that hierarchy. To date, there are two major residential developments within the other two North Richmondshire Primary Service Villages of Melsonby and Middleton Tyas that are under consideration by the District Council. The site at Melsonby (ref. 15/00721/FULL) is subject to long-standing ongoing negotiations but would provide 45 new dwellings, whilst outline planning permission for 35 dwellings in Middleton Tyas was approved in October, 2015 (ref. 14/00779/OUT) An approval of reserved matters application has recently been submitted to the LPA in relation to the Middleton Tyas site. This would account for 80 dwellings which means that a scheme or schemes of above 35 units would substantially exceed the current housing target for the NRSA, even without including housing that has already been delivered and/or planning permissions on smaller (i.e. minor) sites.

7.8 It has to be recognised that neither the overall housing requirement for the Plan

Area or the distribution of that development to specific settlements such as Barton represents an absolute ceiling, but there is no evidence to suggest that the targets are inappropriate or that there are reasons to exceed those targets in any significant way. To do so in such circumstances, would undermine the proper delivery of the plan-led strategy unless other material considerations indicated otherwise.

7.9 This particular application must, of course, be considered on its own merits but

there is a further application for significant new housing (application reference 17/00829/OUT) that would see 40 dwellings provided on the north side of the village of Barton which is also currently under consideration. Having regard to the above, it would be inappropriate to consider either application without some regard to the other as a material consideration, because if permission were to be granted to both schemes in isolation they would significantly exceed the planned level of sustainable growth for the village in a way that would be disproportionate to the settlement size and conflict with the proper scale and distribution of housing development in this part of the Local Plan area.

7.10 The National Planning Policy Framework places great emphasis on maintaining a 5

year supply of land for housing (with an additional percentage added for previous under-delivery). Previous delivery has not met the anticipated targets, although the level of development over the last 18 to 24 months has started to bring the level of development back on target. The Council’s position is that a suitable five year land supply does currently exist in Richmondshire. With a suitable supply of land being available and with relevant policies for the supply of housing being neither absent, silent, or out of date for the purposes of the NPPF, the “tilted balance” is not applicable in the way that Local Plan policies need to be applied. The need to maintain a five year land supply is, of course, an on-going requirement and this site would, in itself, make a positive contribution to local housing land supply.

7.11 The agricultural site is predominantly ‘greenfield’ and not considered a previously

developed ‘brownfield’ site. It is, however, identified within the Council’s land supply as a potentially suitable site for development and is assumed as being likely to come forward within years 6 – 10.

7.12 The Local Plan and the National Planning Policy Framework give preference to

‘brownfield’ sites, but there are no suitable such sites of any significant size in or 23

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around Barton (other than those already subject to planning application) that could deliver the amount of housing required by the Local Plan. As such, other potentially suitable ‘greenfield’ sites cannot reasonably be ruled out and this is recognised by Local Plan policies.

7.13 Policy requires the best and most versatile agricultural land to be protected from

development, but this site is not high quality land and therefore can reasonably be considered as potentially suitable for development.

Housing Mix and the Provision of Affordable Housing 7.14 The amended application indicates that there would be a mix of property types and

sizes brought forward at the reserved matters stage and this therefore reflects the aspirations of Local Plan Policy CP5 in terms of the sizes and types of properties proposed. Developments are also expected to deliver an appropriate mix of tenures and an appropriate proportion of affordable housing. The target set by the Local Plan Core Strategy is for 30% of dwellings on new developments in this area to be affordable. It has been confirmed that the scheme is able to provide the requisite proportion of affordable housing as part of this development. These provisions for affordable housing to be delivered and for the dwellings provided to be retained in perpetuity would be secured through a Section 106 Agreement.

Accessibility and Local Services 7.15 This site is well related to existing services and facilities with a pedestrian link to

Silver Street and therefore the village shop, pub, bus stops and primary school the Village Green, village shop, village pubs, garage, bus stops and primary school. On the opposite side of Church Lane is the church of St. Cuthberts and St. Mary’s, whilst the cricket field and sports pavilion is within walking distance to the north-east of the application site. It is an appropriate location for new housing development and sustainable location for new development.

Flood Risk and Surface Water Drainage 7.16 The application site lies within Flood Zone 1 with the lowest risk of flooding taking

place. The application is accompanied by a Flood Risk & Drainage Assessment that was been amended in relation to the revised scheme. Having considered the risk of flooding from all sources (i.e. fluvial, sewer, surface water, overland flows, groundwater and reservoir), the site is considered to be at low risk.

7.17 The assessment has concluded that information from borehole records on the farm

show the presence of sandy/gravelly clay soil within the site, meaning that the disposal of surface water via infiltration could be feasible for the disposal of surface water runoff. Based on this, the assessment and the LLFA both recommend that if planning permission is granted, the feasibility and design of an infiltration-based SUDs should be based on infiltration testing undertaken in accordance with BGS 365. If infiltration proves to be unfeasible, then surface water run-off from the development could be discharged in the existing public sewer system at a specific point (i.e. MH 9001) within Church Meadows.

7.18 The assessment acknowledges the requirement to provide attenuation storage

within the scheme to store rainfall events up to and including 1-in-30 year events, and also 1-in100 year events and 40 per cent allowance for climate change. The assessment considers that the requirements can be accommodated by utilising detention basins, ponds and/or over-sized sewers. The assessment recommends that finished floor levels are raised 150mm above ground level in order to mitigate the impacts any events that exceed the design capacity of the system. Overland

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flows through the development site to the south and north of the application site are also anticipated in the event of 1-in-100+ storm events or system failure.

7.19 The drainage assessment acknowledges the need to make provision for future

regular management and maintenance of the surface water drainage system with proposals for a site-wide residents management company if required.

7.20 Flood Risk Management have confirmed that they have no objections to the

development in relation to flood risk and drainage, although they have recommended several conditions relating to the drainage and the flood risk matters discussed above should outline planning permission be approved.

Foul Drainage and Water Supply 7.21 It is proposed to dispose of foul sewage via the 150 mm the mains (foul) sewer.

Although local residents in their consultation responses have raised concerns regarding the capacity of the treatment works to accommodate the additional foul drainage requirements of the development, Northumbrian Water have raised no objections to the proposals in relation to capacity. No anticipated problems with the water supply network and been indicated following consultation.

Access, Transport and Highway Safety 7.22 Rather than the multiple access points proposed for the site on the scheme as

originally submitted, the amended scheme proposes a single vehicle access onto Church Lane. A number of concerns have been expressed by local residents, the Parish Council and other consultees regarding matters of highway safety (see paragraph 6.14 above) due to the location of the vehicle access off Church Lane for both drivers and pedestrians. However, the Highway Authority as the expert consultee on such matters are satisfied that the location of the access and the additional traffic generated by the development can be accommodated by the existing local road network (including Church Lane and the Silver Street junction) and have raised no objections to the amended scheme, subject to conditions. One of the recommended highway conditions is to provide a 2 metre wide footway on Church Lane which extends northwards from the site entrance to a point adjacent to the vehicular access to the cricket club car park. Concerns have been expressed by consultees that the narrowness of Church lane would not facilitate the creation of a footway as proposed. However, as a specific recommendation from the Highway Authority themselves, it has to be reasonably concluded that the Highway Authority (as technical consultee) consider the footway to be both safe and achievable and would assist in providing a better pedestrian link between the development and the community facilities to the north. Further pedestrian connectivity is provided by a pedestrian footpath that would access onto Silver Street to the south and provide a relatively safe pedestrian route to the central part of the village and its associated facilities.

Public Rights of Way 7.23 The proposals would involve the diversion of part of the route of the public bridleway

which passes through the south-west of the application site. The Public Rights of Way Team have confirmed that the proposed bridleway diversion is acceptable to them, and that a Footpath Diversion Order should be undertaken based on the existing route of the public bridleway as shown on the plan they submitted with their consultation response.

7.24 The British Horse Society have confirmed that the proposed diversion is acceptable

to them, subject to recommended surfacing and boundary details which are also 25

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endorsed by the Public Rights of Way team. These recommended requirements are referred to in paragraph 6.6 above and should be conditioned if outline planning permission is approved.

Education Provision 7.25 County Council Education have confirmed that based on a scheme of 35 dwellings

(of units of 2 or more bedrooms) that there would be no requirements for developer contributions to be made towards the provision of primary of secondary school education facilities.

Community Assets and Open Space/Recreation Provision 7.26 Core Policy CP11 of the Local Plan seeks to ensure that ‘community assets’ are not

lost or adversely affected by new development as well as expecting new development to include provision of sufficient quality recreational facilities. Where on-site provision is not possible or appropriate, a contribution towards enhancing existing assets will be sought.

7.27 The total policy requirement for a development of the scale of development

proposed is 203 square metres. It is currently unclear from the amended proposals how this requirement would be met, although a full off-site contribution would total £36,824. It would appear from the indicative layout that a degree of on-site open space and play provision is achievable. If 110 square metres of on site provision can be provided, then an off-site contribution of £18,684 (equivalent to 103 square metres) would be required. There is some merit in at least some of the provision being made on-site, but a final judgement on this would best be made at the reserved matters stage if outline planning permission were to be granted, with the benefit of a fully detailed layout plan and design for all aspects of the development. Provision for delivery of these recreational facilities, including arrangements for future management and maintenance, would be secured by condition in the event of outline planning permission being granted.

Landscape Impact 7.28 In terms of Local Plan policy, policies CP3 (Achieving Sustainable Development),

CP4 (Supporting Sites for Development), CP12 (Conserving and Enhancing Environmental and Historic Assets) and CP13 (Promoting High Quality Design) all have a bearing on the relationship of a proposed development to its context and the local landscape. The potential landscape impact of the proposed development is examined in detail by the supporting Landscape and Visual Impact Appraisal (as amended).

7.29 The application site comprises a grouping of agricultural buildings and structures

(including three silage towers and grain towers), as well as associated agricultural fields. The landscape in which the site is described within the LVIA as “transitional”, that is that it displays many of the characters of a developed area rather than a truly rural one, forming part of the settlement edge with the application site is bordered on two sides by existing residential properties rather than a truly rural setting. The value of the local landscape (within which the application site is viewed) is considered to be relatively low, although the site is visible from different perspectives in the locality such as along Church Lane on the north-western approach to the village, from the adjacent public right of way and from various viewpoints on Silver Street to the south. The prominent silage towers are visible from wider visual perspectives both within the village and outside, including from the carriageway of the A1(M) The site is also visual from several residential properties

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within the village, including those on the south side of Silver Street, to the south-east on Silver Garth and the bungalows sited along Church Lane to the east.

7.30 The local landscape is considered to have a low susceptibility to change given the

transitional nature of the local landscape. The proposed development is considered to have a beneficial effect on the local landscape due to the removal of the unsightly farm and haulage yard complex with its visually-dominant elements and its replacement with a residential scheme with new landscaping and green space.

7.31 Whilst Local Plan policies generally recognise that new development will often result

in some visual impacts and these have to be weighed against the wider benefits of new development and having regard to the scope for mitigating the impacts identified, there is the potential in this particular case for a well-designed residential development on the application site (of the size proposed) to enhance the setting of the village and its immediate surroundings by replacing the incongruous and visually dominant buildings and structures of the farm in this edge-of-settlement location, particularly if a sensitive landscaping scheme (based on the principles and recommendations set out in the “emerging landscape strategy” of section 8 of the LVIA) is implemented for the new development.

Relationship to Neighbouring Properties and Surrounding Land/Uses 7.32 The proposed development would be sited to the north and west of the properties

on the north side of Silver Garth, whilst to the north of the five properties sited along the western side of Church Lane. The southern part of the application site that contains the “green buffer” area would adjoin properties along the north side of Silver Street. Despite the application site having an adjoining relationship with the aforementioned properties, the amended indicative layout plan shows spacious rear gardens backing onto the boundaries with the properties on Church Lane and Silver Garth, whilst the green open space would provide an extensive buffer between the new properties and the existing properties on Silver Street. This shows that suitable separation distances can be achieved between the proposed new dwellings and existing residential properties. Furthermore, new formalised boundaries are shown on the proposed indicative plan between the new dwellings and the existing dwellings along Silver Garth and Church Lane that would provide physical separation between the existing and new dwellings.

7.33 The northern part of the application site would be approximately 200 metres away

from the carriageway of the A1(M) and Environmental Health have requested that a noise survey is undertaken to demonstrate that noise levels (with mitigation measures, as necessary) comply with BS9233. Environmental Health have made it clear in their response that they are satisfied for this survey work/mitigation to be provided as a planning condition to this outline application. The results and any mitigation measures would influence the proposed layout of properties on the site that would be formally agreed at reserved matters stage if outline planning permission was approved.

Impact on Biodiversity and Protected Species 7.34 A Preliminary Ecological Appraisal was submitted with the application. The

appraisal found bat droppings within two buildings in the farm building group. Based on the findings, the appraisal recommended additional bat survey work to establish the bat activity within the building group.

7.35 Samples of the droppings were sent for DNA species analysis and genotyping

confirmation where it has been confirmed as part of a subsequently submitted Bat 27

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Mitigation & Compensation Strategy that the bat droppings related to a common pipstrelle. Based on the relatively low number of droppings recorded and the findings of the DNA analysis, it is concluded in the in the Bat Mitigation & Compensation Strategy that the evidence would indicate the presence of several small summer day bat roosts used by a low number of male and non-breeding female pipstrelles. No evidence of maternity roosting activity was found within the surveyed farm buildings. A mitigation strategy is detailed within the Bat Mitigation & Compensation Strategy document which recommends a range of mitigation and procedural measures to mitigate any impact on bats, including the provision of bat boxes, bat bricks, a wildlife sensitive lighting strategy and wildlife landscape strategy. It is recommended that these mitigation measures are conditioned if outline planning permission is approved.

7.36 An objection has been received from the agent of application 17/00829/OUT

referring what they consider to be a number of “fundamental failings” and a misunderstanding of the law in the way that the site has been assessed/surveyed in relation to bats. They believe the incorrect approach to the issue of bats in the farm buildings has been followed as evidenced within the survey and mitigation strategies that form part of the current application. The objection to been submitted with letter (dated 3rd April 2018) from Naturally Wild (Ecologists) that considers “the plan” (i.e. demolition and mitigation proposals) based on DNA results to be “fatally flawed” due to insufficient information to ascertain impacts on potentially locally and nationally significant bat populations. Whilst the bat species present may be confirmed (through the DNA testing), evidence is not known regarding how many bats there are, and what sort of roost(s) are within the site (e.g. maternity, male-only and/or cold roosts) It is the professional opinion of the ecologist that a European Protected Species Licence (i.e. a derogation licence), i.e. to destroy and/or disturb bats and their roosts) would not be granted on the basis of the DNA information that forms the basis for the submitted Bat Mitigation & Compensation Strategy.

7.37 Yorkshire Wildlife Trust (YWT) have been consulted on the Preliminary Ecological

Appraisal and again on the Bat Mitigation & Compensation Strategy, whilst a third consultation response has been received following contact being made by the agent for application 17/00829/OUT expressing the concerns outlined above. Whilst they originally requested that additional (emergence) survey work should be undertaken based on the findings/conclusion of the Preliminary Ecological Appraisal, they then confirmed that the DNA testing and associated mitigation may be acceptable. However, following the concerns expressed by the agent for application 17/00829/OUT, they again stated that appropriate additional survey work should be undertaken, which would involve emergence surveys.

7.38 The agent for the application has responded on the concerns regarding the surveys,

stating that the survey work undertaken in relation to the Bat Mitigation & Compensation Strategy revealed low bat populations (rather than the presence of a major roost) with additional survey work currently being undertaken to support a licence application which is stated would be available by mid-May. Mention is made to applying the “three derogation tests” that are applied by Natural England when considering a licence application, i.e.

1. The activity to be licensed must be for imperative reasons of overriding public

interest or for health and safety 2. There must be no satisfactory alternative. 3. Favourable conservation status of the species must be maintained.

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7.39 On the basis of the application, the site and survey work/DNA testing undertaken,

the agent believes that there is no reason to assume that a licence will not be granted.

7.40 It is obviously important that the District Council takes its legal obligations for the

protection of European Protected Species seriously when dealing with development through the planning system. There is a clear difference of opinion about whether the survey work and DNA testing already undertaken would allow the District Council to be able to realistically conclude that the three derogation tests referred to above can be met, without having further evidence of bat species, numbers and potential roost types that would be provided by additional bat emergence surveys. Given the importance of the issue and the fundamental difference of opinion on the matter between the various parties referred to earlier in this section off the report, it would be prudent to seek additional technical and legal advice on the matter before coming to a decision. The professional advice/opinion of Natural England is therefore being sought on the matter and Members will be provided with an Officer view on the issue ahead of any debate at Planning Committee, with an updated Officer recommendation, where necessary.

Heritage 7.41 There is no conservation area in Barton, and whilst there are several listed buildings

within the vicinity of the application site, including the grade 2 listed St. Cuthbert with St. Mary’s Church on the east side of Church Lane, none are considered close enough to the application site to materially affect their setting.

Lighting 7.42 In addition to domestic lighting in and around the dwellings themselves,

development of the site would also require additional highway lighting. Having regard to existing light levels in the area a suitably designed scheme for such additional lighting would not contribute in any significant way to light pollution levels and therefore there would be no conflict with policy requirements. The lighting scheme would also need to be designed to have regard to ecological mitigation requirements as referred to in the “Impact on Biodiversity and Protected Species” section of this report.

Carbon Savings and Sustainable Construction 7.43 No specific measures have been put forward at this outline stage, but there should

be no reason why the development ought not to be capable of exceeding the requirements of Part L of the Building Regulations as far as is feasible and viable as required by Policy CP2 of the Local Plan Core Strategy. Provision of an energy statement and details of the measures to be taken can be reserved by planning condition.

Crime and Disorder 7.44 The Police Designing Out Crime Officer is not opposed to the principle of the

development but has made specific comments in relation to the proposed site layout (as amended) accompanying this outline application highlighting particular areas which are likely to require attention as a detailed design evolves:

• Front gardens and corner plots should be defined using low walls, railings or

planting, particularly where they front on footpaths and/or open space (e.g. plot 16)

• Curtilage or on-street parking in front of properties is advocated when no garage is being provided.

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• The boundary definition/protection and any associated door/gate to the rear of

each property should be a minimum height of 1.8 metres. • Sub-division boundaries between properties should be a minimum height of 1.8

metres (e.g. fencing to 1.5 metres with 0.3 metre trellising) • Amenity space should be subject to an effective maintenance plan to promote

respect for the space and discourage anti-social and illegal behaviour. • Different ensure types of properties should not be identifiable by house type or

location.

Further assessment of these details would therefore be necessary in relation to any reserved matters submission and, as recommended by the Designing Out Crime Officer, specific proposals should be submitted at that stage of measures to minimise the risk of crime and disorder.

Land Contamination 7.45 Environmental Health have considered the desk-top site assessment which

accompanies the application and are satisfied with its findings. They acknowledge the sources of contamination identified in the study and therefore recommend further investigative works, and where appropriate remediation works, to be required by condition should outline planning permission be approved.

Planning Obligation 7.46 In the event of outline planning permission being granted, a Section 106 Agreement

would be essential in order to secure the appropriate provision of affordable housing and recreation/play facilities as part of the proposed development. In the absence of such an Agreement, the proposal would not be compliant with the policies of the Development Plan.

8.0 Conclusions 8.1 This site is well related to existing services and facilities with a pedestrian link to

Silver Street and therefore the village shop, village green, pub, bus stops and primary school. On the opposite side of Church Lane is the church of St. Cuthberts and St. Mary’s, whilst the cricket field and sports pavilion is within walking distance to the north-east of the application site. It is an appropriate location for new housing development and sustainable location for new development.

8.2 The scale and nature of this development accords with the Spatial Principles of the

Local Plan for the North Richmondshire sub-area. The development will make a positive contribution to housing land supply and housing mix and will meet Local Plan policy requirements for affordable housing. Provision is made for a sustainable approach to surface water drainage and the Water Authority are satisfied that sufficient capacity exist within existing foul drainage and water supply infrastructure to be able to accommodate the scale of development proposed, even if a more sustainable means of surface water disposal proves unfeasible. The highway network can accommodate the traffic flows arising from the proposed development and subject to the implementation of conditions, the Highway Authority have raised no objections to the vehicle access onto Church Lane. An acceptable diversion to the existing public bridleway through the site has been proposed. Provision is to be made to meet the additional requirements for open space/recreation facilities arising from the development. There will be some impacts on the local landscape but not such as to warrant rejection of the proposal in the light of the wider benefits that the proposal will bring. The development can be achieved without any unacceptable impacts on neighbour amenity or without any

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additional negative visual impacts on the local landscape and setting of the village. Appropriate ecological mitigation measures are provided and the development is capable of delivering carbon savings by exceeding the minimum requirements of the Building Regulations. The development accords with all relevant policies of the Development Plan when read as a whole and will achieve the policy objectives of the National Planning Policy Framework.

8.3 The conclusions above and recommendation below are based on the proposed

development itself, but also with regard to the current proposal for 40 dwellings on the north-eastern side of Barton which is a material consideration in determining this proposal because if permission were to be granted to both schemes in isolation they would significantly exceed the planned level of sustainable growth for the village in a way that would be disproportionate to the settlement size and conflict with the proper scale and distribution of housing development in this part of the Local Plan area.

8.4 The recommendation below is also based on a presumption that the Protected

Species survey work and proposed bat mitigation measures that form part of this application can reasonably meet the relevant tests referred to in paragraph 7.38 above to allow the Council to meet its legal duties with regards to Protected Species and their habitats under The Conservation of Habitats and Species Regulations (2017) If subsequent technical and legal advice received on the issue supports the concerns of Yorkshire Wildlife Trust, then a potentially different, updated Officer recommendation may subsequently be made prior to Members consideration of the application at Planning Committee.

9.0 Recommendation 9.1 That subject to the submission of a Footpath Diversion Order aa well as Officers

negotiating details and completion of a Section 106 Agreement providing for:

• a scheme to deliver 30% affordable dwellings (as defined by the National Planning Policy Framework) as part of the development with details of the tenure, mix and types of affordable properties to be determined at the reserved matters stage. Affordable dwellings to be constructed in phases alongside market dwellings and to be occupied by those defined as being in need of accommodation. Provisions for affordable dwellings to remain in perpetuity;

• the provision of on-site recreation/play facilities or an equivalent financial contribution for off-site provision based on a policy requirement of policy of 203 square metres.

conditional outline planning permission be GRANTED for the reasons summarised at paragraph 8.1 above.

9.2 In addition to standard planning conditions covering matters including submission

and approval of the ‘reserved matters’ it is also recommended that the following specific matters be covered by conditions to be imposed on the grant of this permission:

• Approval for a maximum number of 35 dwellings on the site. • Submission and approval of a detailed design for foul and surface water

drainage with provision for management and maintenance based on the details provided by the Flood Risk and Drainage Assessment. The approved drainage scheme to be implemented prior to completion of the development..

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• Conditions recommended by the Highway Authority (as listed in paragraph 6.3

above). • Provision of on-site play and open space facilities to meet Fields in Trust

standards in accordance with details to be submitted and approved, including arrangements for their future management and maintenance.

• Development to be carried out in accordance with the mitigation measures as specified in the Bat Mitigation and Compensation Strategy document.

• Submission and approval of a detailed assessment of risks from contamination with provision for remediation as necessary and subsequent verification of all measures taken.

• Submission and approval of a lighting scheme to minimise the potential for light pollution and designed to be sensitive to bats using the area.

• Submission and approval of a scheme alongside the approval of reserved matters for the incorporation of crime prevention measures in the development.

• Construction works to only take place between 8.00 a.m. and 6.00 p.m. Monday to Friday and 9.00 a.m. to 1.00 p.m. Saturday with no working on Sundays and Bank Holidays.

• Submission and approval of an energy statement with proposals for carbon savings in excess of Building Regulation requirements where feasible and viable.

• Submission of a noise assessment, and where appropriate, noise mitigation measures to comply with BS8233.

• Provision of the surfacing and boundary specifications for the diverted public footpath as recommended by the British Horse Society and Public Right of Way Team in their consultation responses (paragraphs 6.4 and 6.6 above)

10.0 Further Information File Reference: 17/00901/OUT Appendices: Appendix 1: Indicative Site Layout Plan Appendix 2: Revised Planning and Sustainability Statement Contact Officer: Ian Nesbit Email/Telephone: [email protected]

01748 901126

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Appendix 1

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savills.co.uk

Planning and Sustainability Statement

Land at The Ashes Farm, Barton

Appendix 2

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Appendix 2

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Contents 1.0 Introduction 4 2.0 Site and Surroundings 5 3.0 Proposed Development 7 4.0 Planning Policy Considerations 8 5.0 Principle of Development 14 6.0 Other Material Considerations 24 7.0 Conclusions 35

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1. Introduction

1.1 This Planning and Sustainability Statement is submitted on behalf of Lawson Farms (hereafter referred to as

‘the Applicant’) in support of the amended outline planning application for residential development of 35 dwellings on land at The Ashes Farm, Barton. All detailed matters, apart from means of access, are reserved for approval through a future reserved matters application.

1.2 The application site currently comprises a large farmstead and non-agricultural general haulage business,

which makes it a mixed use, partly brownfield site. The site is already substantially developed through large agricultural buildings, structures and hardstanding areas used in conjunction with these existing uses.

1.3 This document is to be read in conjunction with the Design and Access Statement (DAS) and other supporting

documentation submitted in connection with the planning application. The suite of supporting documents include:

• Design and Access Statement • Affordable Housing Statement • Statement of Community Involvement • Transport Statement • Landscape and Visual Assessment (Revised Report) • Preliminary Ecological Appraisal • Ecological Mitigation and Compensation Strategy • Flood Risk and Drainage Report (Revised Report) • Phase 1 Desk Top Study

1.4 Through this statement, it is demonstrated that the proposal takes into account current national and local

planning policy and is appropriate to the site and its location. Furthermore, the statement will also outline how the development proposals will allow for completion of the relocation of the farm business to its new site to the south of the village which has considerable benefits for local residents and the wider village, as well ensuring the future growth of the business itself.

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2. The Site and Surroundings

2.1 The application site primarily relates to the existing farm yard at The Ashes Farm and associated open land

between the main grouping of buildings and Silver Street to the south. The site extends to around 4.58 hectares in size.

2.2 The site is surrounded by agricultural land to the north and west with residential development to the south

and east. The site shares a close relationship with residential properties in Silver Garth, The Ashes and bungalows to the west side of Church Lane. The site lies outside but adjacent to the development limits of Barton and is well related to existing development and services within the settlement, including a primary school (Barton C of E Primary), village store and post office, public house, cricket club and church (St. Cuthbert with St. Mary’s Church).

2.3 The village of Barton lies approximately 9km to the north east of Richmond and approximately 3km to the

north of Middleton Tyas, within North Yorkshire. The town of Darlington lies approximately 12km to the north east. The village has good transport links with the strategic road network with access to the A1 within 1.5km to the west.

2.4 The site has good public transport links with bus stops located along Silver Street to the centre of the village.

These stops provide connections with the following local settlements:

• Darlington (X26, X27) • Skeeby (X26, X27) • Richmond (X26, X27) • Catterick (X26, X27) • Hipswell Village (X26, X27)

2.5 A planning history search was conducted using the Council’s online planning application search facility.

There are no planning applications that are relevant to the current application proposals and the application site. The available records indicate only three applications relating to prior approval determinations in respect of telecommunications equipment to the west of the existing buildings.

2.6 The potential relocation of the farm and the re-development of the site for housing has been discussed with

Richmondshire District Council for a number of years. Phase 1 of the relocation strategy is part implemented with the new farmstead located outside and to the south of the village (ref.00/00579/FULL).

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2.7 In developing the new farmstead to the south of the village, the local planning authority have sought to restrict new development at The Ashes farm site through the imposition of section 106 agreement which removes agricultural permitted development rights and restricts growth of the business going forward. The redevelopment of the site, through a viable residential development, allows the farm business to relocate entirely to the new site which would allow for the future growth and expansion of the business. The new site is not as constrained as the application site and so would allow for expansion in a way that meets the requirements for agriculture in the 21st Century. The proposed development would therefore help to secure a sustainable future for the business and create future opportunities for employment and a range of other benefits, which help support the local rural economy.

2.8 The application site has been consistently promoted by the Applicant in the Council’s ‘Call for Sites’ in June

2014 and October 2017 (site reference 133). 2.9 The Environment Agency’s Flood Zone Map shows the site to be located in Flood Zone 1. The site therefore

has a low probability of flooding although as the site area exceeds 1 hectare, the application is supported with a detailed Flood Risk Assessment. This particular report has been updated to reflect the amended proposals for 35 dwellings.

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3. Proposed Development

3.1 The amended application proposals relate to the erection of 35 dwellings served from a single point of access with Church Lane. The proposals, as amended, include an updated indicative plan which will allow for a range of house types to be accommodated. The application is in outline only and so the proposals do not specify the exact house types at this stage but the final mix of house types will be agreed at the reserved matters stage.

3.2 The developable area of the site will be formed following the demolition of the existing farm buildings, tower silos and associated farm structures. These are large and dominant structures visible from a number of public vantage points.

3.3 As with the original development proposals for 60 dwellings, the revised proposals also include the provision of a public car park, adjacent to the proposed vehicular access onto Church Lane, to help alleviate the need for parking on Church Lane in conjunction with the use of St. Cuthbert with St. Mary’s church and the cricket

club. There is currently no parking provision associated with the church and the parking area available for users of the cricket club is limited in size, leading to parking on Church Lane. The proposed car park would also be accompanied with a new section of footpath adjacent to Wells Lane, extending north of the proposed site access.

3.4 The proposals are part of the ongoing relocation of the farm steading, from the existing location at The Ashes Farm to a new location, approximately 500m to the south of the village. The farm’s grain drying facilities

have already been relocated to the new farmstead although the grain cleaning facilities currently remain at The Ashes Farm. This results in an unnecessary flow of vehicles passing through the centre of the village when travelling between the two sites as well as inefficiencies in the way the farm business is operated.

3.5 The development proposals therefore allow for the full relocation of the existing farm business to the new site, resulting in significant environmental benefits for existing neighbouring dwellings, lower vehicle movements and associated environmental impacts, improvements to the visual appearance of the site and operational benefits to the existing farm business.

3.6 The indicative housing layout provides a vision for how the development could be laid out to respond to the character and form of development within the village. Most of the development would occupy the footprint of the farm buildings to be demolished with large areas of open space to the north and south of the site.

3.7 The outline application demonstrates that the site is capable of accommodating 35 dwellings through a distinctive development that is respectful to the form, character and size of the village.

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4. Planning Policy Considerations

4.1 This section will examine the planning policy background relevant to the site and development proposals. 4.2 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires all planning decisions to be made in accordance with the Development Plan unless material considerations indicate otherwise. 4.3 The statutory Development Plan, relative to the application proposals, currently comprises of the following:

• Richmondshire Local Plan (1999-2006) (‘saved’ policies) • Richmondshire Local Plan (2012-2028) Core Strategy

Richmondshire Local Plan (1999-2006) 4.4 The Richmondshire Local Plan (RLP) was adopted in May 2001 and was only intended to provide policy

guidance for decision making for the period up to 2006. As such, it is an old style plan, and the application of any ‘saved policies’ in decision making should be done in light of the policy advice at paragraph 215 of the Framework. The weight that can be attached to these policies should therefore reflect their degree of consistency with The Framework.

4.5 In this case, a significant number of policies within the RLP have been replaced by policies within the

Richmondshire Local Plan Core Strategy (RLPCS). The exception is saved policy 23 which restricts most development to within development limits, as defined by the relevant proposals maps. The application site is shown to be outside but adjacent to the settlement limit for Barton.

Richmondshire Local Plan 2012-2028 Core Strategy 4.6 The Local Plan Core Strategy was adopted in December 2014 and replaces all of the policies in the previous

Local Plan (1999-2006) with the exception of Policy 23, as mentioned above. Policy 23 will therefore continue to be saved until the development limits and land use allocations are updated in the Delivering Development Plan. Saved policy 23 is however, modified by Core Policy CP4 ‘Supporting sites for Development’, which

enables the assessment of development proposals within and adjacent to the areas defined in Policy 23. This is to ensure that the Council’s statutory plan is consistent with the Framework. As such the development limits defined by Policy 23, were originally prepared in the mid 1990’s and are out of date, on reflection of

the advice at paragraph 14 of the framework. 4.7 Spatial Principle SP4 indicates the broad distribution for housing in the settlement hierarchy and elsewhere

in the countryside, and establishes that most new homes will be concentrated in Catterick Garrison. The other Principal Town of Richmond and the Local Service Centre at Leyburn will also accommodate additional growth but this will be more limited. Following these settlements, new housing will be delivered within the Primary Service Villages, Secondary Service Villages and then elsewhere in the smallest settlements.

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4.8 The spatial distribution of housing development across Richmondshire is therefore established by Spatial Principle SP4 which seeks to achieve the completion of 180 new homes per year for general housing needs over the whole plan area to 2028. The village of Barton is a Primary Service Village within the Northern Richmondshire sub area (along with Melsonby and Middleton Tyas). The spatial strategy for this sub area, as well as Spatial Principle SP1 (Sub Areas) identifies that North Richmondshire is an area of more modest growth, with limited services within its settlements.

4.9 Notwithstanding the above, Spatial Principle SP2 (Settlement Hierarchy) identifies Barton as ‘Primary

Service Village’ with ‘key services to supplement those provided in the towns to help meet the needs of dispersed rural communities’. The sub area analysis identifies that Barton, with a population of 840 is the

largest of the three Primary Service Villages with Melsonby having a population of round 735 and Middleton Tyas, a population of 580. Together, the Primary Services Villages within North Richmondshire have been allocated at least 105 additional dwellings (a minimum target not a ceiling) which is an average of 35 dwellings per village. The amended application proposals for 35 dwellings are therefore consistent with the anticipated levels of growth for Barton.

4.10 The NRSS states that growth across North Richmondshire will be modest and development will be small in

scale, reflecting the role of the Sub Area and its relationship to Darlington. In the Primary Service Villages of Middleton Tyas, Barton and Melsonby, the NRSS states that support will be given for:

“• the Primary Service Village roles of these three villages, which whilst relatively separate share a close geographical relationship to the A1 and A66.”

4.11 Policy CP4 of the Local Plan provides the guiding principles to facilitate new development in appropriate

locations within the spatial principles, discussed above. The policy allows for development or activities of a scale and nature appropriate to secure the sustainability of each settlement in the hierarchy defined in Spatial Principle SP2 with account taken of a number of criteria.

4.12 Part 2 of policy CP4 requires development to be consistent with the emerging Delivering Development Plan

or revised Local Plan land availability policies when published. In the interim, however, CP4 requires that development proposals should be in, ‘or if deliverable opportunities do not exist within, adjacent to the settlement’s Development Limits as defined on the Local Plan 1999-2006 Proposals Map or main built up confines where they do not exist’.

4.13 A full list of Local Spatial Principle and Policies relevant to the development proposals can be summarised

as follows: SP1: Sub Areas SP2: Settlement Hierarchy SP3: Rural Sustainability SP4: Scale and Distribution of Housing Development North Richmondshire Spatial Strategy CP1: Planning Positively CP2: Responding to Climate Change CP3: Achieving Sustainable Development

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CP4: Supporting Sites for Development (with reference to Saved Policy 23 of the Local Plan 2001) CP5: Providing a Housing Mix CP6: Providing Affordable Housing CP8: Achieving Rural Sustainability CP12: Conserving and Enhancing Environmental and Historic Assets CP13: Promoting High Quality Design CP14: Providing and Delivering Infrastructure

Delivering Development Plan

4.14 The emerging Delivering Development Plan will provide further detailed development management policies

including updated settlement development guidelines. The first stage of this will be the preparation of a set of Settlement Development Guidance notes to assess specific local conditions which may affect the scale and direction of future development in the 21 largest settlements in the plan area. The Settlement Profile which provides the context for a Settlement Development Assessment (SDA) of Barton was published in Draft form on the 3rd March 2015.

4.15 The Settlement Profile for Barton indicates that there has been little development within the village since

2000 with a net total of 27 dwellings granted full planning permission in the parish, of which only 10 net additional dwellings have been delivered.

4.16 The Issues/Preferred Approach stage of the Delivering Development Plan was anticipated in June 2017 but

is understood to be delayed. Given the early stage of preparation, limited to no weight can be attached to this emerging plan document. National Planning Policy Framework

4.17 The National Planning Policy Framework (NPPF) sets out the Government’s planning policies for England

and how these are expected to be applied. The NPPF must be taken into account in the preparation of local and neighbourhood plans, and is a material consideration in planning decisions. In the Ministerial Foreword to the Framework Greg Clark, Minister for Planning, states:

“The purpose of planning is to help achieve sustainable development. Sustainable means ensuring that better lives for ourselves don’t mean worse lives for future generations. Development means growth.

We must accommodate the new ways by which we will earn our living in a competitive world. We must house a rising population, which is living longer and wants to make new choices. We must respond to the changes that new technologies offer us. Our lives, and the places in which we live them, can be better, but they will certainly be worse if things stagnate.”

4.18 At paragraph 6 The Framework states that the purpose of the planning system is to contribute to the

achievement of sustainable development. Paragraph 7 of NPPF identifies three dimensions to sustainable development, namely: economic, social and environmental, which are explained as follows:

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• Economic – contributing to building a strong, responsive and competitive economy, by ensuring that

sufficient land of the right type is available in the right places at the right time to support growth and

innovation;

• Social – supporting strong, vibrant and healthy communities, by providing the supply of housing required

to meet the needs of present and future generations; and by creating a high quality built environment,

with accessible local services that reflect the community’s needs and support its health, social and cultural

well-being; and

• Environmental – contributing to protecting and enhancing our natural, built and historic environment; and,

as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and

pollution, and mitigate and adapt to climate change including moving to a low carbon economy.

4.19 Paragraphs 11-16 of the Framework relate to the presumption in favour of sustainable development. Paragraph 14 confirms the presumption in favour of sustainable development is at the core of the Framework and should be seen as a ‘golden thread’ running through both plan-making and decision-taking. For decision-taking this means:

• Approving development proposals that accord with the development plan without delay; and

• Where the development plan is absent, silent or relevant policies are out-of-date, granting permission

unless:

o Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when

assessed against the policies in the NPPF taken as a whole; or

o Specific policies in this Framework indicate development should be restricted.

4.20 At paragraph 17 of the Framework, 12 core planning principles are identified which should be used to

underpin both plan-making and decision taking. Of these 12 there are nine principles which have a bearing on the planning application proposals, these are:

• “be genuinely plan-led, empowering local people to shape their surroundings, with succinct local and

neighbourhood plans setting out a positive vision for the future of the area. Plans should be kept up-to-date, and be based on joint working and co-operation to address larger than local issues. They should provide a practical framework within which decisions on planning applications can be made with a high degree of predictability and efficiency;

• not simply be about scrutiny, but instead be a creative exercise in finding ways to enhance and improve

the places in which people live their lives; • proactively drive and support sustainable economic development to deliver the homes, business and

industrial units, infrastructure and thriving local places that the country needs. Every effort should be made objectively to identify and then meet the housing, business and other development needs of an area, and respond positively to wider opportunities for growth. Plans should take account of market signals, such as land prices and housing affordability, and set out a clear strategy for allocating sufficient land which is suitable for development in their area, taking account of the needs of the residential and business communities;

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• always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings;

• take account of the different roles and character of different areas, promoting the vitality of our main urban areas, protecting the Green Belts around them, recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities within it;

• encourage the effective use of land by reusing land that has been previously developed (brownfield land),

provided that it is not of high environmental value; • conserve heritage assets in a manner appropriate to their significance, so that they can be enjoyed for

their contribution to the quality of life of this and future generations; • actively manage patterns of growth to make the fullest possible use of public transport, walking and

cycling, and focus significant development in locations which are or can be made sustainable; and • take account of and support local strategies to improve health, social and cultural wellbeing for all, and

deliver sufficient community and cultural facilities and services to meet local needs.”

4.21 Section 6 of the NPPF relates specifically to delivering ‘a wide choice of high quality homes’. Throughout this section of the NPPF, the Government aims to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities.

4.22 The overriding message from the NPPF is that planning authorities should plan positively for new

development, and approve all individual proposals wherever possible. In particular, they should approve proposals that accord with statutory plans without delay.

4.23 In relation to design, paragraph 56 indicates that good design is a key aspect of sustainable development,

indivisible from good planning, and should contribute positively to making places better for people. Paragraph 58 identifies a number of objectives that planning policies and decisions should aim to secure from developments:

• “will function well and add to the overall quality of the area, not just for the short term but over the lifetime

of the development;

• establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit;

• optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks;

• respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation;

• create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and

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• are visually attractive as a result of good architecture and appropriate landscaping.” 4.24 The advice at paragraph 60 of the Framework states that planning policies and decisions should not attempt

to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. Paragraph 61 further adds that whilst visual appearance and the architecture of individual buildings are important, high quality and inclusive design goes beyond aesthetic considerations and should address the connections between people and places and the integration of new development into the natural, built and historic environment.

4.25 In relation to sustainable transport, the NPPF states that transport policies have an important role to play in

facilitating sustainable development but also in contributing to wider sustainability and health benefits. At paragraph 32, the guidance goes on to say that plans and decisions should take account of whether safe and suitable access can be achieved for all people and whether improvements can be undertaken that cost effectively limit the significant impacts of development. Paragraph 32 ends by stating that development should not be prevented or refused on transport grounds where the residual cumulative impacts of development are severe (our emphasis).

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5. Principle of Development

5.1 The planning policy review at Section 4.0 has established the local and national planning policies that are

relevant to the consideration of the application. As such, this section will now consider the application against the following matters:

• The 5 Year Housing Land Supply Position; • The Principle of Housing Development; • Sustainable Development; • Rural Sustainability;

The 5 Year Housing Land Supply Position 5.2 The most recent Richmondshire District Council Assessment of 5 Year Housing Land Supply (January 2017)

(2016/17 – 2020/21) indicates that the Council are, at the time of the assessment, able to show a five-year housing land supply. The Assessment confirms that a supply of 5.2 years can currently be demonstrated, using the ‘Sedgefield’ method of calculation. As such Council’s position is that it has an up-to-date local plan, and that its policies relating to the supply of housing are relevant. However, the Council agrees that Policy 23 of the old Local Plan (1999-2006) concerning the development limits is out-of-date hence the positive provisions of Policy CP4.

5.3 Whilst the Applicant’s position is not to challenge the Council’s 5 year supply position, and instead make the

case for the development proposals based on compliance with relevant policies in the Core Strategy, and having regards to the emerging plan, the Applicant reserves the right to review this position if necessary.

5.4 Despite the Council’s position that a 5 year housing land supply can be demonstrated, it is important to

recognise that against the backdrop of the National Planning Policy Framework (NPPF), which seeks to boost the supply of housing, a 5 year housing land supply is a minimum not a maximum requirement and there is a continual need to review the supply position. This is especially relevant in light of the level of supply that is claimed.

5.5 Furthermore, in the absence of an allocations document, it would be logical for the Council to continue to

support development proposals for housing in sustainable locations, and thereby maintain an adequate supply of housing land, up until the allocations document, in this case the ‘Delivering Development Plan’ is

adopted. The approval of the proposed development would therefore help secure Richmondshire from less sustainable developments that might otherwise challenge development policy based on paragraph 49 of the Framework. This states that housing policies relating to the supply of housing should not be up to date if the LPA is unable to demonstrate a five-year supply of deliverable housing sites.

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The Principle of Housing Development 5.6 Paragraph 7 of the NPPF indicates that there are three dimensions to sustainable development and these

are addressed in more detail in paragraph 6.12 below. However, prior to considering these, it is important to assess what Richmondshire District Council envisages to be a sustainable pattern of development within the District.

5.7 The adopted Richmondshire Local Plan states a housing requirement of 180 dwellings per annum, for

general housing needs, over the lifetime of the plan to 2028. The text at 3.1.27 of the Core Strategy clarifies the target of 180 dwellings is a target and not a ceiling (our emphasis) for the level of expected growth:

“The target of 180 homes each year is not a ceiling for the level of expected growth (our emphasis). It is

considered to be realistic, deliverable and therefore an achievable target to address current and future

needs. A managed approach will be taken should further suitable, sustainable and deliverable housing

sites come forward – they will be considered on their merits.” 5.8 Policy SP4 of the Core Strategy directs most new development to the Principal Town of Catterick Garrison,

followed by Richmond where growth is more constrained and then the Local Service Centre at Leyburn. Outside of these settlements, policy SP4 indicates that new housing will be delivered within the Primary Service Villages, which include Barton.

5.9 Within the north Richmondshire sub area, the three Primary Service Villages are Barton, Melsonby and

Middleton Tyas. Despite being the larger settlement, Barton has not delivered any significant level of new housing since 2000. The settlement profile for Barton, which will be used to support a Settlement Development Assessment of the village, indicates that although 27 dwellings have been granted planning permission since 2000, only 10 net additional dwellings have been delivered. This indicates a low delivery rate for Barton despite its status as one of the three Primary Service Villages within the North Richmondshire Sub area. It is also further evidence of a lack of available or suitable sites for housing within the settlement limits.

5.10 Table 1 below, which is extracted from Policy CP4, provides further detail of the expected scale and

distribution of housing up to 2028. This shows that primary service villages within the North Richmondshire sub area are expected to contribute 105 dwellings, which is a minimum target not a ceiling (our emphasis). Whilst the table does not indicate how the 105 dwellings will be distributed across the three Primary Service Villages, the average delivery per village would be around 35 units. The amended development proposals are consistent with the levels of growth anticipated for Barton.

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Settlement Type

Central Richmondshire

Lower Wensleydale

North Richmondshire

Total

Catterick Garrison

1,900 62% - - - - 1,900 62%

Richmond 250 8% - - - - 250 8% Leyburn 0 - 215 7% - - 215 7% Primary Service Village

240

8%

45

1.5%

105

3%

390

13%

Secondary Service Village

-

-

45

1.5%

110

4%

155

5%

Elsewhere 20 1% 60 2% 70 2% 150 5% Total 2410 79% 365 12% 285 9% 3,060 100%

Table 1 – Scale and distribution of housing up to 2028

5.11 In relation to Middleton Tyas and Melsonby, these settlements have both been the subject of applications for

substantial housing development in recent years and there are concerns over whether these sites will deliver the level of housing growth which is required for the North Richmondshire Sub Area. The site west of Kneeton Lane, Middleton Tyas for 35 units has the potential to make a substantial contribution to housing supply but despite the grant of outline planning permission (ref. 14/00779/OUT) a reserved matters application has been slow in coming forward and the current reserved matters application (ref. 18/00177/AORM) is still undetermined. Similarly, a proposed development for 45 units at Moor Road, Melsonby (ref. 15/00721/FULL) has still not been determined despite a submission date of September 2015. As such there is considerable doubt about the delivery of housing within the other two Primary Service Villages and these two schemes cannot be relied upon for the delivery of the necessary housing development for the north Richmondshire sub area.

5.12 Having regard to the settlement hierarchy and the spatial principles of the Core Strategy, Barton is a

sustainable settlement which is expected to accommodate significant growth, commensurate with its role as a Primary Service Village. The village includes key services, such as a primary school, which supplement those provided in towns to help meet the needs of dispersed rural communities. The village has not delivered any significant levels of housing since 2000 and the development proposals would not be contrary to the Core Strategies principles.

5.13 Policy CP4, as outlined earlier in the statement, is a progressive policy which allows for development in

sustainable locations, within the Primary Service Villages, including outside of development limits. The development limits for each settlement are currently defined by Policy 23 of the old Local Plan (1999-2006) and the LPA accepts these are not relevant for the purposes of the up-to-date plan. As such, and prior to the adoption of the ‘Delivering Development Plan’ (or revised Local Plan), the policy supports development

adjacent to settlement limits, where there are no development opportunities within the main built up area of the settlement.

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5.14 The village of Barton is concentrated around a central village green and has a nucleated, rather than dispersed development pattern, with few development opportunities, other than small infill sites, within the settlement limit. Whilst there are some open spaces within the village these are centrally located and important to the character and identity of the village. As such there are only limited opportunities for additional residential development. If the village is to accommodate the expected levels of growth, consistent with the spatial objectives of the plan, this can only reasonably be provided through the development of land on the edge of the settlement limit, as an expansion of the village envelope.

5.15 In addition to the above, Policy CP4 requires that in all cases, development is accessible and well related to

existing facilities and can be accommodated either within the capacity of existing infrastructure or where necessary additional infrastructure can be provided as part of the development. The application site lies adjacent to the settlement limit and would have a close relationship with existing neighbouring residential development on two sides. The site would have good levels of connectivity with the village through the retention and use of the existing bridleway which passes through the site. This allows the site to have strong connectivity to existing services within the centre of the village via the adopted footpath network. In addition, better connections can also be formed with services on Church Lane (church and cricket club) via public footpaths within the development site and the proposed footpath connection adjacent to Church Lane. As such, the proposed development is consistent with the locational criteria of Policy CP4 of the Core Strategy.

5.16 On reflection of the above, existing local policy defines Barton as a sustainable settlement that is expected

to accommodate new development over the lifetime of the emerging plan. In this respect the principle of housing development on the site can be supported under Policy CP4.

Sustainable Development 5.17 In the context of national policy, as referred to previously, paragraph 7 of the NPPF states that there are

three dimensions to sustainable development: economic, social and environmental. The comments below provide an outline of the economic, social and environmental benefits arising from the proposed housing development but there are further significant benefits to the farm business and wider rural economy which are discussed in more detail at paragraphs 5.32 – 5.41 under the sub-heading ‘Rural Sustainability’.

Economic

5.18 The proposed development will generate a variety of indirect and direct financial benefits to the local

community and the district. 5.19 The proposed development will generate construction jobs and a large proportion of these will be local. This

will bring increased spending into the local area which will benefit the existing shops, services and facilities which support a sustainable community. This is particularly significant for existing services in Barton which supplement those provided in towns and are vital in helping meet the needs of dispersed rural communities. In addition, the furnishing of new homes will bring additional economic benefits through a demand for household goods, furniture and decoration.

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5.20 To provide an example of the anticipated benefits, it is relevant to consider the report (The Economic Footprint of UK House Building) that was produced in March 2015 by the Home Builders Federation and Nathaniel Lichfield and Partners. The report estimates that for every new house built, 1.5 direct jobs will be created along with 0.9 jobs in the supply chain. This totals 2.4 jobs per dwelling. Applying these figures to the proposed development of 35 units would suggest that the development would create a total of 84 jobs, with 52.5 of these being direct jobs and 31.5 jobs being within the supply chain.

5.21 To develop this theme further, the report identifies an average construction wage of £30,940 per annum

meaning that a development of 35 units that created 52.5 direct jobs would be anticipated to create a total economic benefit in terms of direct job creation in the order of £1,624,350. While the total figures for the supply chain jobs is more difficult to calculate, based on an annual average retail wage of £25,622 per annum it is anticipated that the development could attract a further economic contribution of £807,093. This represents a total economic contribution of £2,431,443 to the local economy.

5.22 In addition to the above, the development will generate further economic benefits to the Local Authority in

the form of New Homes Bonus and regular Council Tax payments. Social 5.23 At both a national and local level, insufficient homes have been built over a considerable period of time and

this has led to unsustainable house price inflation and a widening in the affordability gap. The development will bring a range of new housing to the area and will assist the Council in meeting its ongoing targets for maintaining a continuous supply of housing as required by the NPPF. This benefit coincides with the national aim of boosting the supply of housing in order to meet the needs of both the present and future generations. The delivery of this sustainable site, would also help to maintain the supply of housing in Richmondshire.

5.24 The proposed development will result in the provision of affordable units, the amount and type of which will

reflect the needs of the community. The level of affordable housing to be provided at 30% of the total number of units, will meet the requirements of Policy CP6 for the North Richmondshire Sub Area. For the proposed development, which comprises up to 35 dwellings, this would see the potential delivery of 10 affordable units with a financial off-site contribution equivalent to 0.5 of a unit. This represents a significant material benefit to the local community and should be afforded appropriate weight in the planning balance. This level of affordable housing will therefore result in a clear social benefit that should not be ignored by the decision maker.

5.25 In addition, the development provides areas of open space that will be available to both existing and proposed

residents. This will therefore provide a further net benefit to residents by increasing the amount of usable open space within the village. In addition, the proposals include a public car park (circa 16 spaces) that would be available for visitors to the neighbouring Cricket Club and church (St. Cuthbert with St. Mary’s

church). Environmental

5.26 Within a comfortable walking and cycling distance of the site the village has a primary school, village store

and post office, a public house, two churches and recreational space in the form of a cricket club, playing field, Multi Use Games Area (MUGA) and children’s play area (Silver Street). It is therefore a sustainable location capable of meeting a number of the day to day needs of residents.

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5.27 The village also has good transport links with the strategic road network with access to the A1 within 1.5km from the site to the south west. The site has good public transport links with bus stops located along Silver Street to the centre of the village, and within a short walking distance of the site. These stops provide connections with the towns of Richmond and Darlington which offer a wide range of services, with other connections to other neighbouring settlements which include Skeeby, Catterick and Hipswell Village.

5.28 The site currently accommodates a range of agricultural buildings, tall tower silos and hardstanding areas

which are used in conjunction with the agricultural farm business and non-agricultural general haulage business (which has two HGV operators licenses). These buildings, structures and hardstanding areas would be cleared as part of the comprehensive redevelopment of site through the development proposals. The site is therefore not an undeveloped greenfield site on the edge of the settlement but comprises a working farmstead and non-agricultural general haulage business, which would be relocated as part of the proposals. Some of the existing buildings are not fit for the purposes of modern agriculture and there is a fire damaged grain dryer which is now redundant. As such, there is a need for investment in the farm infrastructure to enable the business to operate more effectively. The business is currently in a transitional phase however, with a relocation strategy already underway to relocate the existing uses to a new site.

5.29 The first phase of the farm relocation has already commenced through the construction of a new farmhouse

and associated agricultural building on land outside and to the south of the village. The relocation of the remaining elements of the farm business and general haulage business activities from the application site to the new farm location, would result in considerable environmental improvements which should not be overlooked. These benefits can be summarised as follows:

• visual enhancement of the site through the clearance of existing agricultural buildings and

redevelopment for housing with associated landscaping • landscape and visual improvements following the removal of three large silos which are 20 metres

in height and prominent in wider landscape views • visual improvements for existing residents living in close proximity to the site through the

redevelopment of the site for housing purposes. • significant improvement to the amenity of neighbouring residents from the relocation of the farm

activities away from the site (noise, smells, movement of large vehicles and machinery etc.) • relocation of the farm business to a location outside of the village will eliminate the need for large

vehicle traffic movements between The Ashes Farm and the new site, with a consequential reduction in environmental impacts disturbance to adjacent residential properties.

5.30 In regard to the form and character of the village, the site would share a significant boundary with the built

edge of development, with existing housing development to the south and east of the site. The site would also be developed in a way that ensures good levels of connectivity with the adopted public footpath network. This would ensure that users of the development have good levels of access with local services. The proposals would therefore be well related to the existing settlement and result in a natural but proportionate extension of its built envelope. The land is not subject to any landscape designation and the proposed development can be laid out in a way that would not cause significant harm to the character and appearance of the area.

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5.31 In terms of layout, the indicative proposals show the provision of a large open space to the north and south of the site. The open space to the south retains the existing break between the farm buildings and the rear of dwellings in Silver Street. The built elements of the development would therefore be concentrated on and around the footprint of the existing farm buildings with sufficient separation with existing dwellings to the east. The proposals will be laid out to respect existing site boundaries and will include new landscaping to help integrate the development. Subject to the control that could be exerted at the reserved maters stage in terms of layout, scale appearance and landscaping, there should be no reason why an attractively designed development scheme cannot be delivered on the site.

Rural Sustainability 5.32 According to the North Richmondshire Spatial Strategy (NRSS), agriculture is the dominant land use and

biggest employment sector within the Sub Area. Spatial Principle SP3 of the adopted Core Strategy identifies that local rural distinctiveness is a key thread for the Core Strategy and relevant to the whole plan area and its neighbours. The policy states that the Council needs to strike a balance between growth and protecting the countryside when promoting locally distinctive rural communities. The Council’s approach is therefore

based on support for development in the larger settlements but also recognises that the countryside is a living working place that also needs to adapt to economic change through appropriate diversification of traditional rural industries.

5.33 Spatial Principle SP3 ‘Rural Sustainability’ states that priority will be given to supporting the rural

sustainability of the whole plan area, protecting and enhancing its environmental assets and character, and sustaining the social and economic fabric of its communities by promoting the following:

• a sustainable rural economy • social and economic regeneration • conservation or improvement of the rural environment • appropriate rural housing schemes to achieve sustainable communities • the appropriate reuse of redundant buildings; and • renewable energy generation and associated technologies

5.34 Spatial Principle SP3 therefore supports development which promotes the sustainable growth of rural

economies, which, in the case of North Richmondshire, includes agriculture as the biggest employment sector. Lawson Farms is a longstanding rural business operating within Richmondshire, with its base at The Ashes Farm. The Applicant has already put in place plans for the relocation of the business to a new site, outside and to the south of Barton, where a new farmhouse and agricultural buildings have now been erected and are in use. As part of these relocation plans, a Section 106 agreement is in place to remove agricultural permitted development rights at The Ashes Farm Site, which currently constrains the business and limits its potential for expansion.

5.35 Whilst the proposals are not an enabling development in the true sense, the proposed redevelopment of the

site for housing represents the final stage in the relocation of the business away from the application site. The proceeds from the sale of the site would be used to complete the farm’s relocation to the new site, as well as providing additional investment into the farm business, allowing it to expand and move forward with a consequential benefit for local employment.

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5.36 The relocation of the farm, as part of the redevelopment of the site, would therefore support the sustainable growth of a rural business within a key economic sector. The local plan predicts growth (based on the number of people employed) in the ‘Agriculture, Forestry and Fishing’ sector of around 14.8% and the Applicant’s

business relates to both agriculture and food. 5.37 The proposed development would therefore not only directly support the sustainable growth of an established

farm business but would have a further positive impact upon the local economy as a result of future growth. The proposals therefore help to promote a sustainable rural economy, in accordance with the aims of Spatial Principle SP3.

5.38 Policy CP7 ‘Promoting a Sustainable Economy’ is also relevant in that it identifies priority measures, providing

support for and promotion of development to ensure that the Richmondshire economy is able to develop sustainably. It also supports the delivery of the economic elements of the Sub Area Spatial Strategies and the Spatial Principles, including SP3. Criteria b. of Core Policy CP7 states that support will be given to ‘development which promotes the sustainable growth of the key economic sectors within the area, particularly

food, military, retail, tourism, leisure and equine enterprises.’ Again, the proposals would directly benefit the existing farm business, allowing for its relocation to a less constrained site which in turn allows for the business to expand and benefit the local economy. The development proposals therefore help to develop and sustain the economy of the North Richmondshire Sub Area, where agriculture is a key economic sector.

5.39 Policy CP8 ’Achieving Rural Sustainability’ recognises that the need to achieve rural sustainability is a key

strand which should run throughout the plan. The policy gives expression to the approaches which need to be taken to achieve the Spatial Principle SP3 intentions to secure rural sustainability.

5.40 Policy CP8 states that support will be given to the social and economic needs of rural areas lying beyond the

settlements listed in Spatial Principle SP2 (Settlement Hierarchy), through various measures including small scale housing developments, the expansion of rural business, the re-use of agricultural buildings for various uses, and diversification of the rural economy. In this instance, the village of Barton is already included within the settlement hierarchy at SP2 and as such the first part of the policy is not strictly applicable in terms of its definition of a ‘rural area’.

5.41 Notwithstanding the above, the spirit of the policy is to ensure rural sustainability which is a benefit arising

from the development proposals. The second part of the policy aims to give support to development that is necessary to secure a significant improvement to the environment or provide community facilities which meet a local need or where development would support the social and economic regeneration of rural areas.

5.42 The relocation of the farm business, and its associated infrastructure out of the village, can only realistically

be secured through the comprehensive redevelopment of the site which offsets the associated costs of relocation. The redevelopment of the site for housing purposes provides the necessary capital for the existing farm business to complete its relocation to the new site to the south of the village, where the farmhouse and associated agricultural buildings have already been constructed. The approval of the development proposals would therefore allow the relocation of the farm business and realise the full extent of environmental benefits outlined in paragraphs 5.26 - 5.31 above. As such the proposed development would allow for a significant improvement to the immediate environment of the application site, in accordance with criteria 2(b) of Policy CP8.

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5.43 In relation to criteria 2(c) of Policy CP8, the development proposals, which include a public car park for use of the adjacent cricket ground and church, would also provide a community facility that would meet an existing need for car parking in relation to the adjacent cricket club and church (St. Cuthbert with St. Mary’s Church).

The church currently has no available car parking and the available parking provision for the cricket club is limited which leads to parking on Church Lane. The proposed car park would address this need and ensure visibility for the proposed access from Church Lane is maintained. As such the proposed car park is directly related to the proposed development.

5.44 Through the full relocation of the farm business to the new site, this allows the business to operate far more

efficiently with all buildings and operations located on one site. The partial relocation of the business has led to buildings being accommodated across two sites which result in certain inefficiencies for the business as well as additional environmental impacts. For instance, the buildings and facilities used for grain cleaning are situated at The Ashes Farm whist the new site accommodates the grain drying facilities. This results in a flow of larger vehicles between the two sites with consequential environmental impacts.

5.45 The location of all buildings and operations on a single site would therefore have reduced environmental

effects and be more sustainable, consistent with the requirements of Core Policies CP2, CP3 and CP8. Summary

5.46 In the absence of an adopted allocations document, it would be logical for the Council to continue to support

development proposals for housing in sustainable locations and maintain an adequate supply of housing land. The approval of the proposed development would therefore help secure Richmondshire from less sustainable developments that might otherwise challenge development policy based on paragraph 49 of the Framework.

5.47 The statement has shown that the proposals are in accordance with the development plan which allows for

a level of growth in a way that maintains and enhances the role of Barton as a Primary Service Village. Furthermore, Policy CP4 is a progressive policy which allows for development in sustainable locations, including within the Primary Service Villages, including outside of development limits. The LPA have accepted that development limits are not relevant for the purposes of the up-to-date plan and as such, Policy CP4 supports development adjacent to settlement limits, where there are no development opportunities within the main built up area of the settlement. If the village is to accommodate the expected levels of growth, consistent with the spatial objectives of the plan, this can only reasonably be provided through the development of land on the edge of the settlement limit. The principle of the development proposals are therefore in accordance with Policies SP4 and CP4 of the Core Strategy.

5.48 On reflection of the advice within paragraph 7 of the framework, the statement has demonstrated that the

proposed development fulfils the economic, social and environmental dimensions as detailed within the NPPF, and is therefore sustainable development which delivers a number of benefits to the area.

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5.49 In addition to the above, it has been set out how the development proposals benefit rural sustainability through allowing an existing longstanding rural business to complete its relocation to a less sensitive site outside of the village and provide better conditions for its future expansion. In turn, this would provide additional local employment and benefit the local economy in a way which is particularly significant for the North Richmondshire Sub Area, where agriculture is a key economic sector. The proposals would also give additional support to rural sustainability through a significant improvement to the environment, following the relocation of the existing farm business and HGV operating centre. This relocation can only realistically be secured through the comprehensive redevelopment of the site which offsets the significant costs of relocation. As such, the proposed development would benefit rural sustainability, in accordance with Policies SP3 and CP7 and would allow for a significant improvement to the immediate environment of the application site, in accordance with criteria 2(b) of Policy CP8.

5.50 In light of the above, there is considerable support from the development plan and the NPPF towards the

principle of the proposed development. The next section of the statement will show that there are no significant adverse impacts arising from the development which would justify a refusal of planning permission.

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6. Other Material Considerations

6.1 As we have demonstrated that the proposed development is considered to be sustainable and acceptable in

principle, having regards to the provisions of the adopted Core Strategy and NPPF, it remains to be demonstrated that there are no other material considerations that weigh against the development, sufficient to indicate that planning permission should not be granted.

6.2 In the context of the above it is worth reflecting on the further detailed requirements of Policy CP4, in

particular criteria 3 which states:

“Development should be consistent with the requirements of Core Policies, and should not: a. impact adversely on the character of the settlement or its setting, important open spaces and views;

designated and undesignated heritage assets and the character of the landscape; b. lead to the loss of, or adverse impact on, or cause deterioration of important nature conservation,

water bodies or biodiversity or geodiversity sites; c. result in the unacceptable loss of locally important open spaces or community facilities; d. be located in areas of flood risk or contribute to flood risk elsewhere;

e. cause significant adverse impact on amenity or highway safety.”

6.3 The relevant material considerations are therefore considered in turn in the following paragraphs.

Scale and Phasing 6.4 The Draft Settlement profile (March, 2015) for Barton indicates that the village has the highest population in

North Richmondshire with a usual resident population of 879 residents (2011 census). The local plan anticipates that the three Primary Service Villages (including Barton) within the North Richmondshire sub area, will accommodate around 105 dwellings over the plan period up to 2028. It is therefore considered that the proposed development of 35 dwellings is consistent with the Council’s spatial approach to anticipated levels of new growth in North Richmondshire.

6.5 Furthermore, the capacity of the proposed development ensures a policy compliant amount of affordable

housing on site can be delivered whilst allowing for the full relocation of the farm outside of the village. In this context, the scale of the proposed development is appropriate and consistent with the development plan.

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6.6 In regard to phasing, the proposed development is likely to be delivered in a single phase which is likely to see the delivery of units over a 2-3 year timeframe. This will ensure the staged released of units in a way that can be more easily absorbed by the local housing market. The scale of housing proposed will also help to deliver community benefits that might not otherwise come forward through the delivery of a number of smaller sites leading to more sporadic piecemeal development.

6.7 The scale of housing is considered to be a proportionate extension of the village in a way that respects its

form and character, being largely limited to the existing farmstead and its immediate environs. The scale of the proposals is therefore in accordance with the requirements of Policy CP4.

Design, Density and Open Space

6.8 Policy CP13 ‘Promoting High Quality Design‘ states that high quality design of both buildings and landscaping

is a priority in all development proposals and that support will be given for proposals that comply with a range of design criteria (listed a-g). This includes support for development proposals that respect and enhance the local context and its special qualities, including its design features, landscape, social activities, historic environment and nationally and locally recognised designations.

6.9 The Indicative Master Plan outlines a scheme of 35 dwellings at a density that reflects the character of

existing development in the area. Bearing in mind that most modern housing developments are typically 30 dwellings per hectare, the proposed scheme would be relatively low density and would be directed towards the higher quality end of the market. In order to comply with policy requirements, and respond in a positive way to feedback received, the scale of development has the potential to provide a mix of housing and make a policy compliant contribution of 30% affordable housing.

6.10 The dwellings would be laid out in an attractive residential setting with development centred on the parts of

the site which are already developed with two key areas of open space framing development to the north and south. The open space to the south of the site would provide an attractive gateway to the development when viewed from Silver Street, particularly from the proposed pedestrian access. This open space would also provide an offset between the built elements of the proposals and existing dwellings to the south. The second area of open space would be located towards the northern end of the development and would encompass the proposed SuDS pond. This would provide an improved edge to development which borders open countryside to the north. These open space features would incorporate landscape features which have ecological benefits and would also improve the setting of the built elements of development. The indicative scheme proposals therefore show how the development could be laid out in a way that would foster a high quality development that responds to the character of development within Barton.

6.11 Whilst a future reserved matters application would include the more detailed aspects of the development,

the indicative site layout provides an indication of how the proposed development could be laid out to accommodate 35 dwellings in an attractive environment that meets the relevant policy requirements.

6.12 The design and density of the proposed development, as indicated, would not be out of character with the

existing development and would add to the quality and range of housing in Barton and re-enforce its function and sustainability as a ‘Primary Service Village’.

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Affordable Housing and Housing Mix 6.13 Policy CP6 of the adopted Local Plan Core Strategy states that the Council will work with private developers

and registered providers to achieve affordable housing in all developments where there is a net gain in dwellings. This will be subject to a viability assessment but the target for contributions is 30% within the North Richmondshire Sub Area. The policy suggests that the contribution will normally be provided on-site unless an off-site contribution would enable the Council to achieve greater affordable housing benefits than on-site.

6.14 The application submission includes an Affordable Housing Statement which indicates an on-site contribution

of affordable housing at 30%, in accordance with Policy CP6 of the adopted Core Strategy and would meet the tests for planning obligations as outlined in paragraph 204 of the NPPF.

6.15 Policy CP5 of the Core Strategy requires proposals for housing to take account of the local housing

requirements across all sectors of the community in terms of size, type and tenure, and also the accessibility and adaptability of dwellings. Whilst the application is in outline only, the site has the capacity to accommodate a range of house types.

6.16 Notwithstanding this, a future reserved matters application would provide precise details of the housing mix

to be accommodated on-site. The final site layout would therefore seek to reflect the available up-to-date advice relating to the requirements for market and affordable housing at the time of the reserved matters application. This would ensure the proposals are consistent with Policies CP5 and CP6 relating to the amount of affordable housing and housing mix.

Highways and Transport Issues and Parking 6.17 A Transport Statement has been prepared to support the original application proposals and remains relevant,

in part , to the revised proposed for 35 dwellings which retains the access from Church Lane. 6.18 The Transport Statement has not identified any significant road safety issues resulting from the proposed

development. Vehicular access to the site would be achieved through a new priority junction onto Silver Church Lane to serve the development site. The proposed new vehicular access with Church Lane would form the access to 32 dwellings and proposed public car park. Two of the proposed dwellings would be served direct from Church Lane, following the existing access arrangement in relation to existing properties. The revised proposals therefore do not include the use of the access points from Silver Garth or Silver Street, to the south west of the site, as were originally proposed.

6.19 The proposed junction with Church Lane is a simple priority arrangement and would include improvements

to visibility through the re-positioning of the existing hedgerow within the Applicant’s land to the north of the proposed access. The necessary visibility splay can therefore be secured to comply with guidance within Manual for Streets (MfS) and the Design Manual for Roads and Bridges (DMRB).

6.20 The impact of the generated development traffic has also been assessed within the Transport Statement. It

is estimated that the traffic flows generated by the proposed development are very low, and as a result would have no noticeable impacts on operating conditions. It is acknowledged that the proposals would result in a reduction of HGV and agricultural vehicle movements in the vicinity of the site due to the relocation of existing

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uses on the site. As such, it is confirmed that the generated development traffic can be accommodated on the local road network.

6.21 In reference to any existing highway problems, accident data in the vicinity of the site has been reviewed for

the most recent 3 year period. The available data indicates that there have been no recorded injury accidents within Barton in the most recent 3-year period. As such, there are no reported accidents on the local road network during the assessment period and therefore mitigation measures for highway safety reasons are not required.

6.22 The proposed development is accessible on foot or by bike to a range of useful destinations, and there are

regular and frequent public transport options available for journeys further afield, including Darlington. Existing bus stops are located along Silver Street within a short walk of the site and there is good access to the existing cycle network to the west via Silver Street. A number of local facilities are accessible via a variety of sustainable travel modes. Overall, the Transport Statement considers that the proposed development is an accessible location for access by a range of sustainable modes.

6.23 Currently there is a bridleway crossing the site which would be retained as part of the site layout to ensure

that the development has good permeability and that existing connections are retained. Pedestrian footways would be provided within the development, on both sides of the internal access road roads, and these would tie into the existing footway network to promote accessibility to pedestrians.

6.24 In regards to car parking, a future reserved matters application will confirm the precise number of car parking

spaces. Given the low density of development, there should be no reason why a good standard of layout cannot be achieved with the appropriate amount of car parking. The levels of car parking would reflect the number and range of dwellings proposed and would need to provide sufficient parking in accordance with North Yorkshire County Council – Parking Standards for Development. The extent of car parking is related to the layout of development and the mix of housing which would be agreed at the reserved matters stage.

6.25 The proposals also include a new car park to the north east corner of the site adjacent to Church Lane. This

car park is intended to provide overspill car parking for the use of visitors to the neighbouring cricket Club and Church, and alleviate existing problems of parking on the verges in Church Lane but would be available for wider public use. This car park could also be used for visitor and resident car parking although the majority of such parking is expected to be accommodated in-curtilage.

6.26 In summary, the proposed development meets the sustainable objectives of the National Planning Policy

Framework and its residual traffic impacts are not severe, in accordance with the relevant test at paragraph 32 of the Framework. The proposals are therefore in accordance with the NPPF and on this basis there is no justifiable transportation reason to withhold planning permission.

Landscape Impact 6.27 The application site lies outside but adjacent to development limits and has a strong relationship with the

existing built edge of the settlement. A significant part of the site is already developed with farm buildings, silo towers, other farm and telecommunications structures and hardstanding areas which already have a significant landscape impact, particularly the tall silo towers which are visually prominent in wider distant views and have an overbearing impact on the nearest residential properties.

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6.28 The original Landscape and Visual Appraisal supporting the earlier development scheme for 60 dwellings has been updated to reflect the current proposals for 35 dwellings. This report considers the landscape and visual impacts of the proposed development and confirms that the site is not a sensitive or high value landscape and that no elements of the application site or the wider study area are designated in terms of landscape value.

6.29 The local landscape in which the site is situated is considered to be of low value with a ‘traditional’ village

fringe nature rather than open countryside which would be more sensitive to development. The current farm and haulage business use is considered to be a negative detracting feature in both the local landscape and the historic village core and its use is considered to be incongruous in the context of its village setting.

6.30 The Landscape and Visual Appraisal considers that the proposed development would not introduce elements

of an incongruous nature into the local landscape/ village edge setting and the proposed residential use is considered to make only a ‘minor beneficial’ contribution to the local landscape/village setting. The LVA has been written to a very strict methodology and the final assessment is something of a scientific equation which takes account a number of variables. In practical terms, the existing buildings on site are generally very untidy and the 20m high towers, which loom over neighbouring dwellings (as shown in Figure 1 below) are particularly prominent in the wider landscape with an overbearing impact for the nearest neighbouring residential dwellings.

Figure 1 – View of existing towers in relation to the nearest residential property. 6.31 The removal of the existing large agricultural buildings, and high silage towers, would be replaced with

comparatively low level dwellings which would not be as visually prominent. This represents a considerable improvement to the wider landscape character and the outlook from the nearest neighbouring dwellings, which are currently blighted by views towards the site. The feedback from engagement with the local community has recognised this benefit as being significant in supporting the development proposals.

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6.32 The Appraisal notes a limited number of sensitive visual receptors experience direct views of the site and where the site is visible in existing views, the farm and haulage complex is considered to be a detracting negative feature due to its clutter and dominant visual appearance in the landscape. It further concludes that views from near neighbours will typically be improved by the removal of the existing farmyard / haulage yard clutter, the large scale visually dominating silage towers and semi-derelict buildings and its redevelopment with good quality residential development incorporating appropriate set-backs and a well-designed structure landscaping which responds to its village context.

6.33 To satisfy planning policy relating to the location of development, particularly Policy CP4 of the Local Plan

Core Strategy, the location of the site is such that it lies adjacent to settlement limits. This approach typically leads to proposed development adjacent to existing housing on the edges of villages with consequential visual impacts for existing residential properties. The Landscape and Visual Assessment indicates that the nearest residential properties in Silver Garth and Church Lane will only experience ‘minor beneficial’ effects

from the proposed development, but leaving aside the detailed methodology, and recognising the positive feedback from community consultation, it is apparent that there would be a considerable benefit in replacing the high level structures on site with buildings of a more domestic scale.

6.34 Policy CP4 also requires that proposals should deliver development that is ‘proportionate to the existing

settlement’ and should not ‘impact adversely on the character of the settlement or its setting, important open spaces and views’. The proposed development is considered proportionate to the existing village and the assessment of development on the local landscape/ village setting identifies only minor/beneficial visual effects at Year 0 and Moderate-minor/beneficial effects at Year 10 when new landscape planting is established. The Landscape and Visual Appraisal concludes by considering that ‘views from surrounding residential properties will typically be improved by removal of the existing farmyard / haulage yard clutter, the large scale visually dominating silage towers and semi-derelict buildings and by its replacement with good quality, appropriate residential development with appropriate setbacks and well-designed landscape structure which responds to its village context’.

6.35 In regards to other policy constraints, Policy CP13 Promoting High Quality Design states that ‘High quality

design of both buildings and landscaping is a priority in all development proposals’ and that support will be

given for proposals that ‘provide a visually attractive, functional, accessible and low maintenance development’ and ‘respect and enhance the local context and its special qualities, including its design

features, landscape’. Although submitted in outline, the indicative layout shows how the proposed development can be laid out to reflect the character of the village. It is therefore considered that the proposed development fulfils the objectives of CP13 in landscape and visual terms.

6.36 In summary, the proposed development would not affect any designated landscapes and would only result

in negligible landscape and visual effects, which would be mitigated over time when new landscaping becomes established. The proposals would therefore have no significant impacts landscape and visual impacts and are therefore in accordance with Policy CP4, CP13 and paragraph 109 of the NPPF.

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Amenity 6.37 The application site currently comprises of an active working farm together with a base for a Heavy Goods

Vehicle yard. These uses generate a significant degree of disturbance for the village given the site is centrally positioned with its main access from Silver Street, which is the main road through Barton. These impacts include general noise disturbance from farm activities associated with existing buildings, impacts from odours through the keeping of livestock and disturbances resulting from the movement of heavy vehicles to and from the site on a daily basis.

6.38 As discussed earlier in the statement, the Applicant’s business has already put in place a strategy to relocate

the farm away from the application site through the creation of a new farmstead on land to the south of the village. The first phase of this relocation is complete with the erection of a farmhouse and associated farm buildings, including a grain dryer, but there remain existing operational buildings at The Ashes Farm, which have not been relocated. For instance, the buildings and facilities used for grain cleaning are situated at The Ashes Farm.

6.39 Having buildings on both sites is very inefficient for the business and currently results in vehicles, laden with

grain, moving between the two sites. Despite the part relocation of the business, The Ashes Farm therefore remains a key site for the operation of the farm business and the current ‘interim’ arrangement (prior to full

relocation) results in the frequent flow of large vehicles travelling between the sites, through the centre of the village. Such vehicular movements are in addition to the regular movements of Heavy Goods Vehicles to and from the site, in conjunction with the operation of the HGV yard. In the summer time, at peak times, this particular use results in vehicular movements late at night and in the early hours of the morning, based on contract demands. At peak times, these demands require drivers to regularly work night shifts which can result in long periods of activity on site (almost 24hrs of operation), including at weekends.

6.40 The disturbances and impacts from existing regular traffic movements, associated with the existing site uses, are therefore detrimental to the amenity of the village, but in particular to existing residential properties immediately adjacent to the site. This includes properties in Church Lane and Silver Garth to the east of the site and dwellings in Silver Street to the south. The occupiers of these properties are likely to experience significant effects of noise and general disturbance from farm activities, the operation of Heavy Goods Vehicles and regular vehicular movements to and from the site, particularly through the movement of Heavy Goods Vehicles at sensitive times when people are sleeping. 6.41 The application proposals mark the next stage in the relocation of the farm and HGV yard away from The

Ashes Farm. This relocation to the new site will allow for the farm business to grow and, in the process, will result in considerable amenity benefits for the village and neighbouring dwellings, located immediately adjacent to the site in Church Lane, Silver Garth and Silver Street to the south. Together with the landscape and visual benefits of removing the existing buildings farm buildings and silage towers, these benefits represent a significant environmental enhancement of the site, in this prominent part of the village, and should weigh significantly in the planning balance.

6.42 In addition to the removal of the existing uses, the indicative proposals show how new dwellings would be laid out in a way that is respectful to existing dwellings through the adherence to minimum separation standards. This would ensure that existing dwellings are not overlooked the proposed development. Equally, the layout of proposed development, and its relatively low density, would allow for good standards of separation between new dwellings and allow for an attractive living environment for users of the site.

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6.43 Throughout the construction phase, potential impacts to local amenity can also be controlled through the preparation of a Construction Environmental Management Plan (CEMP) which establishes a set of controls over working hours and practices with the aim of minimising potential the adverse impacts of construction activity upon the nearest noise sensitive properties. The preparation of a CEMP can be a requirement of a planning condition and would serve to minimise potential adverse impacts of construction activity upon the nearest noise sensitive dwellings.

Flood Risk and Drainage

6.44 The Flood Risk and Drainage Assessment accompanying the planning application confirms the site to be

entirely within Flood Zone 1 where there is a low risk of flooding. There are no ordinary watercourses within the site and no historical records of flooding affecting the site. Although the development is classed as ‘More

Vulnerable’ it is considered acceptable in flood risk terms. 6.45 The proposals are submitted in outline only with the detailed layout of development reserved for future

approval. The Drainage Assessment confirms the site is suitable for sustainable urban drainage and confirms that consideration will be given to the localised use of SuDS elements, including the incorporation of permeable surfaces where appropriate, as part of the detailed design stage. The proposed development therefore has the capacity to provide for sustainable drainage to cater for surface water flows from the development. Notwithstanding this, a pre-development enquiry with Northumbrian Water has also confirmed that there is capacity for the existing drainage network to accept the additional surface water flows from the site in the event that more sustainable forms of drainage cannot be undertaken. The availability of this local drainage connection therefore provides a fall-back position which offers certainty that an acceptable drainage solution can be delivered, if more sustainable forms of drainage aren’t feasible.

6.46 Borehole records within the existing farm are available and these show the presence of sandy/gravelly clays

within the site. Therefore, infiltration could be a feasible discharge mechanism for surface water runoff

generated by the site.

6.47 The revised Flood Risk and Drainage Assessment therefore confirms that there are no flooding or drainage problems that impact on the proposed development or that cannot be accounted for through the detailed design of development. The proposals are therefore in accordance with the provisions of the NPPF regarding flood risk and drainage.

Ecology

6.48 A Preliminary Ecological Appraisal (PEA) has been prepared to support the original proposals for 60

dwellings and this has been supplemented by a bat mitigation and compensation strategy. The PEA report identifies ecological constraints located up to 2km from the site and makes recommendations for further survey work and/or avoidance or mitigation measures as appropriate.

6.49 The PEA notes that there are no statutorily designated conservation sites within a 2km radius, and the

nearest being Black Star Quarry SSSI, which is 3.7 km to the north east of the site. In addition, the PEA notes that there are 2 Local Wildlife Sites within 2km of the site, including Hinkle Wood SINC (1.4 km to the south) and Barton Lane Road Verge SINC (0.65 km to the north-west). The PEA considers that the proposed development will not impact such sites.

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6.50 The PEA considers the application site includes a series of agricultural buildings of mixed age and construction, areas of hardstanding, aggregate storage pits, grazed pasture, arable farmland, boundary hedgerows and tall ruderal vegetation. The majority of the agricultural buildings are in use, with some of the smaller buildings redundant and in a dilapidated state of repair. The Appraisal considers that none of the habitats within the site are considered to be of notable ecological value.

6.51 In regard to protected species, the PEA notes that there are records of bats within a 2 km radius of the site.

There is no previous record of bat species for The Ashes Farm. A detailed site walkover, including an inspection of all buildings, has revealed evidence (bat droppings) to indicate bat roosting activity within some of the buildings with a low density of droppings noted within the internal areas of the buildings. Based on the number of droppings recorded there was no evidence to indicate the presence of large and/or maternity bat roost, with roost most likely to be summer day roosts used by low numbers of male or non-breeding females. The surveyed buildings were considered to hold Bat Roost Features of low-moderate potential to support roosting bats.

6.52 In addition to the original PEA, a further visit to the site has been undertaken to collect bat droppings for DNA

analysis. This analysis has confirmed that the bat species using the buildings are common pipistrelle and on the basis of this a detailed bat mitigation and compensation strategy has been put forward and forms part of the application submission. The recommendations from this report have also been used as part of the indicative landscaping proposals to ensure appropriate landscaping is provided as part of any redevelopment of the site. Subject to the mitigation and compensation outlined in this additional report, it is submitted that the proposed development would not have a detrimental impact on bats and that appropriate habitat can be created to ensure the site can continue to be used by bats in future.

6.53 The internal survey inspection of buildings supporting the PEA, also found several disused barn swallow

nests in some of the buildings and it was considered that there are numerous opportunities for birds to nest in the gaps within the buildings. There was, however no evidence of barn owl activity within the buildings on site.

6.54 In regard to amphibians, the PEA survey confirms that as there are no accessible ponds within 500 m of the

site, it is considered highly unlikely that the proposed works will impact great crested newts. The pond 360m to the north of the site has been discounted due to the presence of the A1 (M) which was considered to be a major barrier to amphibian movement.

6.55 The PEA further identified that habitats within the site were considered unsuitable for otter, water vole or

reptile species; as such no specific mitigation input is deemed necessary for these species. Hedgehog may be encountered on site and brown hare may be present within the wider area.

6.56 Both the PEA and the Bat Mitigation and Compensation Strategy makes various recommendations for

mitigation including the retention and planting of hedgerows and the provision of native species planting as part of the landscaping pf the site. For protected species, the PEA advises of the need for a European Protected Species Mitigation (EPSM) licence to permit works. The licence application will necessitate future survey works and these would be undertaken prior to any works on site. The proposed mitigation could be controlled through condition to ensure that a EPSM licence is in place before the commencement of any development or demolition works on site. With the application of standard mitigation and compensation input it is considered unlikely that the development would have a significant impact on the favourable conservation status of bats.

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6.57 The PEA also included recommendations for bird mitigation including the need for controls over the timing of demolition works to avoid the bird breeding season (March to August inclusive). Alternatively, if such works are necessary they should only be completed following a breeding bird survey check to confirm the absence or presence of nest sites. In addition, the report recommends mitigation for enhancing the opportunities for birds within the site through the provision of artificial bird nesting boxes as part of the development. Such mitigation includes 15 house sparrow terrace bricks, 8 swift bricks and 4 swallow cups and these should be positioned under guidance of the ecologist.

6.58 In summary, subject to the recommendations for ecological mitigation outlined in Section 4 of the PEA and

the bat mitigation and compensation strategy, the proposals are unlikely to have any significant ecological impacts. Accordingly, the proposals are considered to accord with relevant policies within the Local Plan and the NPPF.

Education Provision 6.59 The primary school within the village is Barton Church of England which we understand to be

undersubscribed. The most recent Ofsted report (April 2015) for the school indicates that the school had 61 pupils on the school roll, which was significantly under its capacity of 77. The current school roll for 2017, indicates that there are 49 pupils, a shortfall of 28 pupils and the forecast for pupils on the roll 2020/2021 is around 35 pupils, a deficit of 42 for the academic year 2020/2021. As a result, consultations with the relevant education authority, in the course of considering the original application proposals, have indicated that there is no need to make a financial contribution towards new school places.

6.60 In view of the above, the Applicant has made all reasonable attempts to determine the level of capacity that

currently exists in relation to local education provision. The available evidence indicates that there is no a capacity issue, in fact, the school is currently operating well-below capacity and pupil numbers are set to fall again in 2020/2021, with an estimated deficit of 42 pupils. This underlines the need for new development in Barton to help sustain important local facilities, including the primary school, and ensure the vitality of the community. The proposed development would therefore comprise sustainable development in a way which enhances or maintains the vitality of the rural community, consistent with Paragraph 55 of the NPPF.

Summary 6.61 As discussed earlier in the statement, Paragraph 14 of the NPPF states that development proposals that

accord with the development plan are approved without delay. The statement has demonstrated that the proposals are in accordance with Policy CP4 of the Core Strategy which supports appropriate development in the Primary Service Villages including Barton.

6.62 This section of the statement, evidenced by the various suite of supporting technical reports, has

demonstrated that there are no significant adverse impacts arising from the proposed development, and that the proposals are in accordance with the Core Strategy and NPPF in all other respects. As such, the various economic, social and environmental benefits, outlined earlier in the statement, are not outweighed in the planning balance.

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6.63 The second test of paragraph 14 of the NPPF is also satisfied as the site is not subject to any of the designations listed in footnote 9 and there are no other specific policies in the Framework indicate that development should be restricted.

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7. Conclusions

7.1 This outline application has been comprehensively assessed against national and local planning policy and

fully accords with the policy framework. 7.2 The key conclusions arising from this planning statement, in regard to the assessment of the development

proposals are summarised below:

a) In the absence of an adopted allocations document, it would be logical to support development proposals for housing in sustainable locations and maintain an adequate supply of housing land. The approval of the proposed development would therefore help secure Richmondshire from less sustainable developments that might otherwise challenge development policy based on paragraph 49 of the Framework.

b) The proposed development is in accordance with Policy CP4 of the Core Strategy which supports

appropriate development in the Primary Service Villages including Barton, adjacent to development limits. If the village is to accommodate the expected levels of growth, consistent with the spatial objectives of the plan, this can only reasonably be provided through the development of land on the edge of the settlement limit. The proposals are therefore consistent with Policy CP4 and the levels of growth anticipated by the Core Strategy.

c) On reflection of the advice within paragraph 7 of the framework, the statement has demonstrated that

the proposed development fulfils the economic, social and environmental dimensions as detailed within the NPPF, and is therefore sustainable development which delivers a number of benefits to the area.

d) The statement has shown how the development proposals benefit rural sustainability through allowing

an existing longstanding rural business to complete its relocation to a less sensitive site outside of the village and allow for its future expansion. In turn, this would provide additional local employment and benefit the local economy in a way which is particularly significant for the North Richmondshire sub area, where agriculture is a key economic sector.

e) The proposals would also give additional support to rural sustainability through a significant

improvement to the environment, following the relocation of the existing farm business and HGV operating centre. This relocation can only realistically be secured through the comprehensive redevelopment of the site which offsets the associated costs of relocation. As such the proposed development would benefit rural sustainability, in accordance with Spatial Principle SP3 and Core Policies CP7 and CP8.

f) The design and density of the proposed development, as indicated, would not be out of character with

existing development and would add to the quality and range of housing in Barton and re-enforce its role and sustainability as a ‘Primary Service Village’.

g) Although submitted in outline, the site has the capacity to accommodate a range of housing that reflects local housing needs. The final mix of housing is reserved for approval through a reserved matters

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application, and its compliance with Policy CP5 will be considered at that stage, however there is no reason to suggest that an appropriate mix of housing cannot be secured.

h) The proposed development scheme would provide 30% affordable housing in compliance with Policy CP6 of the adopted Core Strategy and would meet the tests for planning obligations as outlined in paragraph 204 of the NPPF.

i) The proposals would achieve satisfactory arrangements for vehicular and pedestrian access and future

users of the development would have convenient access to local shops and services and public transport.

j) The proposed development would not impact upon any designated landscapes and would result in

negligible effects upon the local landscape/village setting. Over the longer term, when new structural landscaping is more established, landscape and visual effects are assessed as moderate-minor/beneficial. The proposals would therefore have no significant landscape or visual impacts and are therefore in accordance with Policy CP4, CP13 and paragraph 109 of the NPPF.

k) The proposals would see the removal of the existing farm and HGV activity which currently result in a

significant level of disturbance to neighbouring residents. The development proposals mark the next stage in the relocation of the farmstead and HGV yard away from the application site with a consequential improvement in the amenity of the local area for nearby residential properties. Furthermore, the layout of the proposed development and adherence to separation standards would ensure no loss of amenity as a result of loss of privacy. Impacts through the construction phase can also be minimised through the adoption of a Construction Management Plan, secured by planning condition.

l) The proposed development site is identified as being at low risk of surface water flooding based on the

EA surface water flood risk maps. The development site is not considered to be at significant risk from groundwater flooding and appropriate drainage arrangements can be secured.

m) The application is supported with a Preliminary Ecological Appraisal and bat mitigation compensation

and mitigation strategy which concludes that the proposed development is unlikely to have any significant direct or indirect ecological impacts, subject to appropriate mitigation.

n) The Applicant has made all reasonable attempts to determine the level of capacity that currently exists

in relation to local education and has found that the school is currently operating well-below capacity with pupil numbers set to fall again in 2020/2021, with an estimated deficit of 42 pupils. This underlines the need for new development in Barton to help sustain important local facilities, including the primary school, and ensure the vitality of the community.

7.3 This statement, together with the accompanying suite of technical reports, have therefore demonstrated that

the development proposals are acceptable in principle, having regards to the Core Strategy and NPPF, and there are no significant adverse impacts that decisively weigh against approving the application. As such, the presumption in favour of sustainable development applies and considerable weight should be attached to the supply of market and affordable housing that would result from the proposed development.

7.4 For the above reasons, it is respectfully requested that planning permission be granted.

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