North York Moors National Park Authority. Director of Planning s Recommendation

Transcription

1 14 January 2015 List Number 2 North York Moors National Park Authority Scarborough Borough Council (North) Scarborough Borough Council (South) Parish: Fylingdales LCPs of Fylingdales & Hawsker-cum-Stainsacre App Num. NYM/2015/0601/FL Proposal: Location: Applicant: Agent: change of use from scrapyard to holiday park with associated access and parking following demolition of existing buildings Sea View Scrapyard, High Normanby Mr Graham Lilley, c/o George F White LLP George F White LLP, fao: Mrs G Owston, Crown House, York Road, Shiptonthorpe, York, East Riding of Yorkshire, YO43 3PF Date for Decision: 05 November 2015 Grid Ref: NZ Approval subject to the following conditions: Director of Planning s Recommendation 1. TIME01 Standard Three Year Commencement Date 2. PLAN01 Strict Accordance With the Documentation Submitted or Minor Variations - Document No s Specified 3. WPDR12 Site Licence Required 4. RSUO18 Use for 11 Months of the Year Only. 5. RSUO14 Holiday Unit Not Sold or Leased Separately - Outside Villages (Sea View) 6. GACS07 External Lighting - Submit Details 7. MATS19 Roof Colouring (dark grey/dark brown) 8. MATS26 Timber Cladding (holiday units)(horizontal timber boarding) 9. HWAY12A Approval of Details for Works in the Highway 10. HWAY12B Completion of Works in the Highway (Before Construction) 11. LNDS04 Trees/Hedging Retained in Accordance With Plans 12. LNDS05 Tree Protection Scheme - Details to be Submitted 13. MISC07 Contaminated Lane Site Characterisation 14. MISC08 Contaminated Lane Submission of Remediation Scheme Informative 1. Section 278 Agreement 2. Bats Consultations Fylingdales Parish Council Support as the change will be welcome and will be better for the environment. Hawsker-cum-Stainsacre Parish Council Harwood Dale Parish Council

2

3 Page 2 List Number 2 Consultations (continued) Highways Both the existing access and parking provision within the site is suitable for the proposed change of use. The publicly maintainable highway from which the site is accessed runs from the A171 from High Normanby through to Church Lane, Fylingthorpe. It is a very narrow single carriageway road, for its entire length. The current use of the site as a salvage and scrap yard sees associated trips to the site made by larger vehicles, often towing trailers due to the nature of their business at the location. Journeys to the site would most frequently use the stretch of road between its junction with the A171 at High Normanby as this is the quickest and easiest connecting route from wider conurbations. It is the opinion of the Highway Authority that the proposed change of use would reduce vehicle trips on this section of the road and would consequently have a relatively positive effect overall upon the highway network, when compared to its current use. Over the last few years, various developments have intensified the use of this stretch of route, albeit marginally. Whilst it is considered that this particular proposal would have a positive impact, thought would nevertheless need to be given to improvements on this stretch of road, in-keeping with its status, when considering any future proposed intensification of this section of the route. Although it is expected that the change of use would reduce journeys between the farm and the A171, it is reasonably expected that the holiday lodges would however increase journeys from the site to Church Lane, Fylingthorpe through Raw to use the local amenities including the shop, cafe and public houses. The scale of the proposals is relatively small, however given the nature of the road and its low current use, this could nevertheless be considered a relatively large and detrimental intensification of the network in the location. There are only a few sections of the route through Raw where additional passing places could be provided, due to the narrow verges, proximity of ditching to the carriageway and areas of verge being categorised as common land. This results in the necessity of difficult reversing manoeuvres, if vehicles meet at certain points. An additional passing place avoiding the above obstacles would improve the free passage of vehicles, and it is recommended that this is incorporated on the highway, by the applicant in consultation with the Highway Authority, to ensure any implication on the free passage of vehicles on the highway is minimised. The Raw Road is a connecting route which has junctions with the High Normanby to Fylingthorpe road and Church Lane. This route would be preferable to take any additional traffic as it avoids the narrowest and steepest points of the High Normanby to Fylingthorpe route, reduces the potential for cars meeting in locations where reversing is difficult and has more potential for the inclusion of additional passing places. It is therefore recommended that any literature associated with the lettings highlights the use of this route for accessing Fylingthorpe, and directional signage to Fylingthorpe and an additional passing place is also provided on this road. In conclusion it is the opinion of the Highway Engineer reviewing this case that the proposed development would have some positive effects upon the local highway network, and with the addition of a number of low cost highway improvements in the vicinity, any potential detrimental intensification of the highway in the location could be ameliorated. Yorkshire Water Object to initial site layout plan which showed at least two or three lodges to be sited above an existing 9 asbestos cement trunk main for which Yorkshire Water have formal easement and it is important that the pipe is protected as it is part of the water supply network to surrounding settlements.

4 Page 3 List Number 2 Consultations (continued) Environment Agency No objections but offer advice to the applicant regarding foul drainage. Environmental Health Providing the potential contaminated land issues are addressed I can confirm that I have no objections on housing grounds and no objections from a food and occupational safety perspective or licensing. Natural England No objections Police Designing out Crime Officer The holiday park is small in size and would be managed on site so have no concerns or issues. Police Traffic Ramblers This application is very welcome and no Rights of Way are affected. Fylingdales Village Trust Campaign for National Parks Advertisement Expiry Date - 30 October 2015 Others PL & SJ Rawson, Fantails Farm, Raw Have concerns that the proposal will have an adverse effect on the area. While the existing site has been an established business site for over 30 years (wood yard then scrap yard) the proposal for a mobile home park would seem to be at odds with planning policies as the land is only partially surrounded by trees and is in a prominent position. There will be an increase in traffic associated with the development and the roads are mainly single track. There is already an increase in traffic associated with the caravan club at the site at the top of Raw. The traffic that currently is associated with the scrapyard mainly uses the roads from the A171 and not via Shop Hill. Our main objection to this application is the increase in traffic from the site, to Fylingthorpe and Robin Hood s Bay. This road is a narrow, single track lane with very few passing points and quite a few sharp, blind, bends frequented by horse riders, cyclists and walkers. It used to be a peaceful tranquil lane with very little traffic, but since the arrival of the Certified Camping Site at Abbey Farm two years ago and the use of satellite navigation systems, there has been a noticeable increase in traffic. To have a further 10 cabins, with up to 20 cars is going to further increase this problem. This site is not suitable for a holiday park. It is an elevated moorland site not with in a forested area visible from a large area towards Hawsker and Whitby and neighbouring properties. There would be lighting in an area largely free from light pollution. We already have in this area two large caravan sites and two Certified C. Sites and the view from Hawsker to Whitby Abbey is scarred by acres of caravan sites in open country. Surely we are already well catered for those who wish to stay in cabins or caravans? For those of us living in the area, the scrapyard has never really been a problem, but yet another caravan/cabin site will cause real issues.

5 Page 4 List Number 2 Others (continued) This proposed holiday park development is not in keeping with the Parks Development Policy, and it will not make a positive contribution to the character of this part of the National Park. It will be harmful to the area by ruining the peace and tranquillity of a special, remote area. Jayne Tomkins, Harton House Farm, Raw Shop Hill is unsuitable to carry any further increases in traffic. The road is very steep with exceedingly sharp blind bends and only wide enough for one car. There are no footpaths and few verges. My Grandchildren walk to school from my house and it is becoming increasingly dangerous, especially in summer. The scrap yard is not a thing of beauty and I appreciate that having it cleared up must be very attractive. However, the proliferation of caravan and camping sites, holiday villages and glamping villages are ruining the area for other residents. Sue Leatham, Croft Cottage, Raw Object as there will be an increase in traffic from the scrapyard down the single lane passing through Raw and into Fylingthorpe as this is the most convenient and quickest way into Robin Hoods Bay. The Lodge Park allocates two cars per lodge this could result in 20 more cars using this road per day, every day of the year. It is only a single lane road and would not easily cater for an increase in traffic. It will not reduce the harm but will increase it as there will be a higher flow of traffic daily, to-ing and fro-ing from the Lodge Park. Large vehicles like HGVs can only access the Scrapyard site from the A171 as they are unable to man oeuvre these large vehicles down the lane into Raw, whereas family vehicles can and will. Received from Dr Paul Ward at Brook Cottage, Shop Hill, Raw, Whitby I have serious reservations as this a small community and 10 extra dwellings in the area would be totally inappropriate. There is a caravan park in close proximity to the proposed development already. The road access is very limited with a single track & limited places for two way progress. If the application were approved in its present state it would more than double the number of residents in the hamlets of Raw & High Normanby. Traffic congestion with unsuitable large HGVs blocking these very narrowed roads is a regular occurrence. The extra vehicles using the roads if this proposal was passed would worsen this situation. Ms Madeleine Gair, Cedar Cottage, Raw Strongly oppose the application. Although it could be argued that anything is an improvement on an unsightly scrapyard, the development of yet another 'holiday park' in this location creates some very serious traffic issues. Access would be by a very narrow single track road, with steep gradients, sharp corners and few passing places. Where this road joins the busy 171 between Scarborough and Whitby visibility is restricted, the road is winding and there are double white lines. Would also argue that the increase in human and vehicular traffic would spoil the nature of the small rural community of Raw and would mean a disproportionate number of camping/holiday camps in an area which is already very well served. Raw is a hamlet of permanent residences and I would urge the National Park to put the interests of a rural way of life and a close knit community over the interests of tourism and business. Mrs Angela Hatchett at Fen Cottage, High Normanby Whilst we can only welcome plans for removal of the Scrap Yard, it does throw up a number of questions and anxieties.

6 Page 5 List Number 2 Others (continued) Currently, this hamlet consists of seven dwellings and fewer than twenty persons. This potentially would enlarge threefold - with consequent pressure on amenities particularly water and highways. Water pressure at the moment is seriously decreased in the summer months, with the influx of visitors, there is an investigation with Yorkshire Water attempting to solve this but this has been ongoing over several decades and the problem is getting worse year by year. Additionally, the approach roads are already inadequate, with few passing places and very often in a state of disrepair. Likewise the track from the road to the site is rough, unmade and very uneven. With an increase of traffic this could lead to the track being unusable principally in the winter months. Concerned that lighting will have a detrimental effect on our domestic environment. We already have an intrusive light at the Scrapyard entrance. There is also a potential for noise as if this is to be a holiday park with a constant change of clientele, will there be adequate supervision procedure in place to monitor any anti-social behaviour, loud music etc. which would impact on the local neighbourhood. The field report on the current pollution of the site is rather disquieting. We also know that the field also has had material buried there and wondered if this has been taken into account. We feel that any disturbance of ground - with the mass of underground springs that occur here - could lead to serious health risks to animals and humans alike if not considered carefully. Rebecca Mansoor (Mrs) 10 Eskdaleside, Sleights - I am aware that there is significant local objection to this application, and I would like to register my opposition to this proposed development on the following grounds: Access One route is an extremely uneven and often waterlogged track unsuitable for anything but a 4x4 and the other is an unclassified single-track road with minimal passing places. Visual impact While the existing scrapyard is indeed an eyesore, this is largely due to the height of the crushed vehicles being allowed to protrude above the hedge behind which they are meant to be hidden. The application states that users of the A171 will be shielded from views of the development but there is no consideration of the visual impact from the village road. Site suitability The risk of exposing visitors and horses to potentially contaminated water and other serious pollutants in the soil is too great to allow an industrial site to be changed into leisure facilities. Design There are no wooden houses in this area; the majority of the houses are made of stone and are in keeping with the local vernacular style. Environmental impact The existing farm track is not lit, and therefore adding the roadside and other lighting needed for this development will have a big impact on light pollution in an otherwise dark area with various associated negative ecological and health impacts. Similarly, the identified peace and tranquillity of this location can only be negatively affected by introducing up to 10 families

7 Page 6 List Number 2 Others (continued) and vehicles at any given time. Both High Normanby and Raw have tiny populations which would be overcome by this number of new occupants. Viability There are already three campsites within 1.5 miles of this proposed site. A similar proposal at Raw Green Cottage was recently withdrawn following significant local concerns about access and environmental damage. Development policy 16 The site is not within an area of woodland or forest, nor is the proposal functionally linked to an existing business. Similarly, the traffic generated will surely be an increase to the current quite low volume (if not size) of vehicles visiting the scrapyard. A holiday park would be open throughout the whole week with no / minimal restrictions on allowing guests on and off the site? Development policy 17 The parking required for the equestrian facility as opposed to people staying in the lodges does not seem to have been included in this proposal, meaning that horse riders would presumably have to park their cars on the single-track village road or in front of the houses adjacent to the current scrapyard. Neither option seems appropriate or something that would enhance the site. National Planning Policy Framework The assertion that the proposal will see a significant increase in spending in the local area is unfounded given there are no local amenities within High Normanby, Raw or Raw Pasture. The sole local beneficiary of this proposal would be the applicant himself. Ms Magda Phillips, Maple Farm, Raw Express concern. It shows that the ground is contaminated and therefore the prospect of its excavation for new infrastructure should not be allowed, particularly where asbestos is concerned. We already have a new caravan park at High Normanby which has increased the traffic significantly. The access road from the Whitby-Scarborough road is narrow and winding. It should not be expected to take further traffic as people's safety will be at risk. Alasdair and Sharon Maxfield, Raw Green Farm, Raw Oppose the development as there are only three roads into the hamlet of High Normanby and all are already marked by the Highways Agency as Unsuitable for long vehicles. There would be a significant increase of traffic on the local C roads as there are no local facilities. There are approximately 16 people living in the hamlet of High Normanby. With the proposal of the 10 lodges each averaging four occupants then we would have 40 more people here. This would more than double the population. Such a development would completely overwhelm our community. The adjacent hamlet of Raw has only 34 people living there. This hamlet is one of the smallest in the North Yorkshire Moors National Park. It cannot absorb the proposed numbers of people; in effect you are creating a new hamlet, where each lodge can be occupied for eleven months of the year. So the consequences are light pollution, noise, inadequate water supply and sewage disposal and ground pollution. H Larcombe, Moorside Farm, Raw Object. The road from the A174 through High Normanby and Raw is in an appalling condition. It is single track and in places it is not possible for two vehicles to pass. If a caravan park is allowed there would be significant extra traffic (especially going down through Raw to

8 Page 7 List Number 2 Others (continued) Robin Hoods Bay) making the situation much worse for the local population and the environment. Whilst it may be felt that a caravan park is preferable to a scrap yard it would just make another problem for people who live in the area. I would urge the authority to turn down this application in the best interests of the local population and the National Park. Background The application site is located at Sea View Farm, High Normanby near Whitby. The application area extends to 1.23 hectare and is currently (and historically) being used as a salvage and scrapyard with associated operations. To the rear of the scrapyard, the site is used for the grazing of his horses. This planning application seeks the change of use of the scrap yard site to create a holiday lodge park, with the demolition of existing buildings associated with the scrap metal business and the creation of internal access roads and landscaping. The buildings to be demolished are part of the existing scrapyard operation and are of poor quality. The application includes a Desk Top Contamination Report which acknowledges the likely presence of contaminated land and recommends a phase 2 site study and drawing up of a remedial scheme based on the findings of the site survey. The log cabin plots are proposed to measure 40ft x 20ft with parking for 2 cars per plot. The proposed holiday lodges will be of twin unit type with a wooden exterior finish. It is proposed to locate the relative low height timber clad cabins, within the existing scrapyard site, which currently has some hedge and tree screening and would have additional landscaping around the boundaries of the site to provide screening from the A171 and neighbouring properties. The site will be accessed via the existing site entrance and road. Adequate parking has been provided on site and shown on the Proposed Site Plan. The Supporting Statement sets out that the proposal is to create a high quality holiday lodge site, promoting the potential for the peace and tranquillity of this location whilst enabling and attracting a wide range of visitors to the park. The proposed lodge design has been chosen to be visually acceptable within the National Park and within the setting of the existing properties. The site is well screened from the A171 and neighbouring properties by existing tree and hedge planting. It is proposed to incorporate further planting as part of this change of use for the amenity of residential properties nearby as well as the users of the holiday lodge park and the visual receptors travelling along the A171. This applicant s agent has also confirmed that the application relates solely to the siting of the caravans without any commercial equestrian facility being proposed.

9 Page 8 List Number 2 Policy Context Main Issues Core Policy A of the NYM Local Development Framework seeks to ensure that new development conserves and enhances the Park s special qualities; with priority being given to ensuring development does not detract from the quality of life of local residents and supports the character of a settlement. Development Policy 16 seeks to permit proposals for the provision of small scale new caravan, camping and chalet sites only where the site is located within an established area of woodland or forest; where the site is physically and functionally linked to an existing business and can be managed without the need for additional permanent residential accommodation; where the site is in close proximity to the road network and would not result in an increase in traffic that would be harmful to the area; the scale of development would not be out of character with the area and the proposals should be designed in such a way as to minimise the level of permanency so that buildings can be removed when they are no longer required. Material Considerations Character of Locality The existing buildings and stacks of cars detract from the character of the landscape in the locality. It is considered that their removal would make a positive contribution to this site and its surrounding landscape The proposed change of use to a holiday park would not fall neatly within Development Policy 16 because it is not located within established woodland. However, the site is well screened by hedging and tree planting and additional planting is proposed. The proposal does meet the other criteria of Development Policy 16 and it is considered that the benefit of the loss of the scrapyard as a material consideration outweighs in this case, the policy conflict. Primarily because the proposed development would be less visually intrusive in the immediate and wider landscape than the existing scrapyard use, due to the height that cars are stacked on site, and also because the development contributes to the tourism economy and aspirations to support and encourage its development in the National Park Management Plan. Public Right of Way A bridleway runs immediately to the east of the site and a footpath to the south and west. These would not be affected by the development and are reasonably well screened from the site by existing hedge planting. Additional screen planting is also proposed on the western boundary. Impact on Neighbouring Properties Although the Parish Council has not objected to this proposal, a number of objections have been received from local residents, concerned primarily with the issues of traffic and noise and disturbance resulting from the additional units of accommodation within such a small hamlet. The highway issues are considered to be overstated as acknowledged by the recommendations of the Highway Authority.

10 Page 9 List Number 2 Main Issues (continued) In terms of issues of noise and disturbance, it is considered that concerns regarding light pollution can be dealt with by condition and disturbance at the site would be mitigated by good site management necessary to ensure the success of the business. The main issue to be considered is whether or not the creation of a holiday park providing 10 units of two bed holiday cabins would result in a net environmental, social and economic benefit compared with that of continued use as a scrapyard with particular reference to noise and disturbance. On balance, it is considered that whilst there may be different types of activity and noise from holiday makers, the type of vehicles visiting the site would be much smaller, being cars rather than the larger haulage vehicles associated with the scrap yard use. Furthermore, the noise and activity generated by the scrapyard, included vehicles being brought onto site, stacked on top of each other and crushed, would be more harmful to the tranquillity of the locality than the noise of people talking or travelling in and out by car and occasionally on foot. It is not considered that, on balance, the proposal would not have an adverse impact on the amenities enjoyed by local residents and the proposal would not be contrary to Core Policy A of the Local Development Plan. Access and Parking Significant concerns have been expressed regarding the narrow nature of the roads to and from the site. However, the type of vehicles visiting the site will be much smaller than those currently serving the scrapyard business (HGV s, LGV s and Trailered vehicles) and in addition, because it is likely that the proposed traffic would be more likely to use the narrow road that leads more directly to Robin Hood s Bay, the Highway Authority are recommending that the applicant provides passing places to ease the flow of traffic. The request to find the space has been passed to the agent. Members will be updated at the Meeting. It is envisaged any such passing place would be secured by means of a Highway Act S278 Agreement. It is anticipated that the proposed change of use will result in a reduction in number of trips associated with the property. The salvage yard currently operates six days a week and the hours of operation on those days are between 7.30am and 5.30pm. The proposed holiday lodge park would be likely to result in a much reduced frequency in trips. Contaminated Land Contamination Consultants have carried out a Phase 1 Desk Top Contaminated Land Risk Assessment to examine specifically the current and potential risks to human, ecological and ground and surface water receptors associated with possible contamination of the ground at the site. The assessment looked at the 0.67 hectare site alongside the sources of pollution, the receptors at the site and the pathways and plausible pollutant linkages to assess whether a contaminated land risk is present at the site. The Report concludes that some uncertainties exist at the site with regards to the concentration of potential contaminants from the salvage yard activities on the site. Metal, hydrocarbons and asbestos could be present in the soil at concentrations above guideline values. This could pose a risk to human health and controlled waters. The Report goes on to recommend that a Phase 2 investigation is undertaken with sampling of the site in order to substantiate the possible risks from contamination and that a scope of works for the Phase 2 intrusive investigation will need to be agreed with the council prior to intrusive or development works.

11 Page 10 List Number 2 Main Issues (continued) Environmental Health have been consulted and have advised that providing the potential contaminated land issues are addressed there would be no objections. Management Plan The proposed development helps to meet the National Park Management Plan target set out in Policy E1 which seeks development that will maintain and enhance the landscape character of the National Park. Furthermore it would assist with Tourism Policy B1 to increase visitor spend, Policy B2 to increase opportunities to visit outside peak of the season, Policy B3 to promote more overnight tourism and Policy B4 to improve the variety of tourism accommodation. Recommendation It is considered that on balance the benefit to the locality of the cessation of the existing scrapyard use outweighs the Policy conflict with Development Policy 16 in that the site is not in woodland and concerns regarding activity levels. Explanation of how the Authority has Worked Positively with the Applicant/Agent The Authority s Officers have appraised the scheme against the Development Plan and other material considerations and recommended changes to the proposal including re-siting of the units to avoid a water main so as to deliver sustainable development.