Case Reference: 3303240

Appeal Decision
Site visit made on 5 October 2022
by C Megginson BA(Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 15th November 2022
Appeal Ref: APP/E2734/W/22/3303240
Greystones, Kettlesing Head to Kettlesing Bottom, Kettlesing, North
Yorkshire HG3 2LR
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission under section 73 of the Town and
Country Planning Act 1990 for the development of land without complying with
conditions subject to which a previous planning permission was granted.
• The appeal is made by [APPELLANT] against the decision of Harrogate Borough Council.
• The application Ref 22/01275/DVCON, dated 25 March 2022, was refused by notice
dated 16 June 2022.
• The application sought planning permission for the erection of replacement dwelling
with associated tree works and landscaping and demolition of existing dwelling and
garage without complying with a condition attached to planning permission Ref
21/02571/FUL, dated 12 October 2021.
• The condition in dispute is No 2 which states that: The development shall not be carried
out otherwise than in strict accordance with the submitted details.
• The reason given for the condition is: in order to ensure compliance with the approved
drawings.
Decision
1. The appeal is allowed and planning permission is granted for the erection of
replacement dwelling with associated tree works and landscaping and
demolition of existing dwelling and garage at Greystones, Kettlesing Head to
Kettlesing Bottom, Kettlesing, North Yorkshire HG3 2LR in accordance with the
terms of the application, Ref 22/01275/DVCON, dated 25 March 2022, subject
to the conditions set out in the attached schedule.
Background and Main Issue
2. The appellant wishes to vary condition 2 to reflect an updated lower ground
floor plan. The main issue is the effect that varying the condition would have
on the character and appearance of the area.
Reasons
3. The appeal site lies within the Nidderdale Area of Outstanding Natural Beauty
(AONB). The approved dwelling would sit against the contours of the land, this
would result in the east elevation having a single storey appearance and the
west elevation appearing as two storeys, with the lower ground floor rear
elevation sitting against earth. The proposed enlargement of the lower ground
floor level would create space for a gym/games and cinema room and a store.
This would be wholly subterranean and would utilise space partly created as a
result of the approved dwellings foundations.
4. Policy HS7 of the Harrogate District Local Plan (2020) (LP) sets out criteria for
replacement dwellings in the Countryside. It is agreed by both parties that all
of the criteria are met with the exception of Criteria HS7(B) ‘the new dwelling
is not materially larger than the existing dwelling.’
5. In this case, the existing dwelling comprises the original bungalow, detached
garage and single storey rear extensions that benefitted from subsequent
planning permissions. The bungalow also had a first floor approved under
separate planning permission. The council indicates that the proposed
enlargement of the lower ground floor would result in the development being
materially larger than the existing dwelling. In line with the previous appeal
decision cited by the council, below ground elements would still contribute to
the overall volume of the building.
6. Be that as it may, the overall aim of Policy HS7 is to control the location, size
and design of replacement dwellings in order to protect existing landscape
character. This policy aim is set out at paragraph 5.48 in the supporting text of
the policy. I appreciate the policy aim to avoid the replacement of modest
dwellings with overly large houses, however, there is no substantive evidence
to support this aim beyond the visual effects of such development. In this
particular case, the visual effect is the same as there are no changes to the
external elevations. The design, scale and mass of the dwelling would be
unchanged in the context of the surrounding landscape and as a result would
protect existing landscape character.
7. Whilst there may be some technical conflict with criteria B, the overall aim of
the policy is to protect the landscape character and therefore the proposal
would not conflict with the overall aim of Policy HS7 of the LP, the Harrogate
Landscape Character Assessment, Residential Design Guide or the National
Planning Policy Framework, which seek to ensure that developments will add to
the overall quality of the area and are sympathetic to local character.
Conditions
8. The guidance in the Planning Practice Guidance makes clear that decision
notices for the grant of planning permission under section 73 should also
restate the conditions imposed on earlier permissions that continue to have
effect. As I have limited information before me about the status of the other
conditions imposed on the original planning permission, I shall impose all those
that I consider remain relevant. In the event that some have in fact been
discharged, that is a matter which can be addressed by the parties.
Conclusion
9. For the reasons given above I conclude that the appeal should succeed. I will
vary the planning permission by amending the disputed condition to include
details of the approved plans.
C Megginson
INSPECTOR
Schedule of Conditions
1. The development hereby permitted shall be begun on or before 12.10.24
2. The development hereby permitted shall be carried out in accordance with
the following approved plans:
GA_10 LOWER GROUND FLOOR PLAN_AS PROPOSED 1:200 @A3
Replacement House at Greystones, Kettlesing Drawing Package Mr Craig
Seed May 2021 2324/REV D:
SITE PLAN_AS PROPOSED 1:500 @A3
GROUND FLOOR PLAN_AS PROPOSED 1:200 @A3
ELEVATIONS_AS PROPOSED 1:200 @ A3
EAST ELEVATION_AS PROPOSED 1:200 A3
3. Prior to their first use, samples of the materials to be used for the external
walls and roof of the replacement dwelling shall be made available on site for
the inspection and written approval of the Local Planning Authority. The
development shall then be carried out in strict accordance with the approved
details.
4. Prior to the first occupation of the dwelling hereby permitted, an electric
vehicle infrastructure strategy and implementation plan shall be submitted to
and approved in writing by the Local Planning Authority. The plan shall
contain details of the number and location of all electric vehicle charging
points which shall be of Mode 3 type (specific socket on a dedicated circuit
with a minimum current rating of 16 Amp). Buildings and parking spaces
that are to be provided with charging points shall not be brought into use
until associated charging points are installed in strict accordance with
approved details and are operational. The charging point installed shall be
retained thereafter.
5. No development shall commence on site before the approved tree report
detail (Smeeden Foreman Tree Report Reb B dated October 2019) including
root protection area (RPA) fencing in line with the requirements of British
Standard BS 5837: 2012 (section 6.2.2 figure 2) Trees in Relation to
Construction - Recommendations, or any subsequent amendments to that
document, around the trees or shrubs or planting to be retained, as
indicated on the approved plan. The developer shall maintain such fences
until all development subject of this permission is completed.
6. No operations shall commence on site in connection with the development
hereby approved (including any demolition work, soil moving, temporary
access construction and/or widening or any operations involving the use of
motorised vehicles or construction machinery) until the root protection area
(RPA) works required by the approved tree protection scheme. The level of
the land within the fenced areas shall not be altered.
7. A detailed scheme for landscaping, including the planting of trees and or
shrubs and the use of surface materials shall be submitted to the Local
Planning Authority (LPA) and no development shall take place until the LPA
have approved such a scheme: such a scheme shall specify materials,
species, tree and plant sizes, number and planting densities and the timing
of the implementation of the scheme, including any earthworks required.
8. In the event that contamination not previously identified by the developer
prior to the grant of this planning permission is encountered during the
development, all groundworks in the affected area (save for site
investigation works) shall cease immediately and the local planning authority
shall be notified in writing within 2 working days. Groundworks in the
affected area shall not recommence until either (a) a Remediation Strategy
has been submitted to and approved in writing by the local planning
authority or (b) the local planning authority has confirmed in writing that
remediation measures are not required. The Remediation Strategy shall
include a timetable for the implementation and completion of the approved
remediation measures. Thereafter remediation of the site shall be carried out
and completed in accordance with the approved Remediation Strategy.
Following completion of any measures identified in the approved
Remediation Strategy a Validation Report shall be submitted to the local
planning authority. No part of the site shall be brought into use until such
time as the site has been remediated in accordance with the approved
Remediation Strategy and a Validation Report in respect of those works has
been approved in writing by the local planning authority.
9. Works must be undertaken strictly in accordance with the recommendations
of the 'Implications/Recommendations' section of the Ecological Appraisal
(Section 5, Smeeden Foreman, February 2021). Prior to the first occupation
of the dwelling hereby permitted, three new integrated bat boxes must be
incorporated at height within the walls of the dwelling and these shall be
retained at all times in perpetuity.
10.Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (England) Order 2015 (or any order revoking and
re-enacting that Order with or without modification), no extensions, garages,
outbuildings, roof or dormer windows or external alterations other than any
expressly authorised by this permission shall be erected without the grant of
further specific planning permission from the Local Planning Authority.
11.The rooflight(s) hereby permitted shall be of the conservation type with a
black steel frame and central glazing bar, have recessed installation so that
the rooflight sits flush with the roof covering and does not project above this
line, be top opening unless a side hung escape rooflight is required and the
flashing of the opening shall be carried out in traditional leadwork.
12.Notwithstanding the provision of any Town and Country Planning General
Permitted or Special Development Order for the time being in force, the
areas shown on 'Site Plan As Proposed' within the Drawing Package
(received 13 June 2021) for access and turning shall be kept available for
their intended purposes at all times.