20/01470/DVCON 1

Case No. 20/01470/DVCON Item No.03

Location: Phoenix Business Centre, Low Mill Road, Ripon.

Proposal: Application to vary conditions 2 (approved plans) and 13 (no further

windows) to allow amended details to be approved showing rooflights

to south elevation to meet BREEAM requirements of planning approval

19/01515/RG3 - Erection of a Business Unit

Applicant: Harrogate Borough Council

Access to the case file on Public Access can be found here:- view file

Reason for report: This application is to be presented to the Planning Committee

because it is an application submitted by Harrogate Borough Council.

SUMMARY

The demand for B-class units across the district, and in Ripon itself, remains high,

however, the number of available small light industrial / office units across the district

is continuing to decline. The Economic Growth Strategy 2017-2035 and associated

Action Plan makes specific reference to the need to rationalise and invest in the

Council’s assets to ensure that they support economic growth. This proposal will

help to deliver this Economic Growth Strategy.

It is not possible to deliver the previously approved development to the required

BREEAM standards without alterations to the design of the building, which are now

proposed. The proposal will make an important contribution to the Council’s

employment land supply and will provide an additional 12 jobs and it is considered

that the amended scheme would not create any adverse impacts in relation to its

proximity to a Grade II Listed Building and the Ripon Conservation Area, highway

safety, land stability, trees, and flooding and drainage.

RECOMMENDATION: Approve subject to conditions

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1.0 SITE DESCRIPTION

1.1 Phoenix Business Park is an existing business centre site situated off Low Mill

Road in Ripon. The existing centre consists of a number of non-listed

heritage assets alongside a Grade II Listed warehouse building. The

buildings are of red brick construction.

1.2 The site is located within Ripon Conservation Area and within the

development limits of Ripon. It presently provides business premises for

small to medium businesses in the area. A large car park is associated with

the buildings.

1.3 Residential flats are situated to the east and south of the site and the

boundary is provided by way of a metal palisade fence. A large tree is

situated on the eastern boundary.

1.4 The site is situated in Gypsum Area ‘C’ and in Flood Zones 2 and 3.

2.0 PROPOSAL

2.1 Planning permission was granted by the Planning Committee in July 2019 to

erect an additional business unit within the car park of the existing business

centre. The building approved is to be of red brick construction to match that

of the other buildings on site.

2.2 This application seeks permission to vary conditions 2 and 13 of the approved

development to allow the installation of rooflights to the southern elevation.

2.3 Due to other constraints on the site, the additional rooflights are required to

enable the development to meet the required level of the BREEAM

standards for non-domestic buildings.

3.0 APPLICANT'S SUPPORTING INFORMATION

3.1 Planning Application Form

4.0 RELEVANT HISTORY

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4.1 91/02425/FUL – Undertaking alterations to existing building to form 8 no.

workshop units – phase II. Permitted.

4.2 92/00825/FUL – Conversion of former workshop and storage building to form

7 no. workshop units. Permitted.

4.3 98/03132/RG3 – Erection of single storey workshop for light industry and

office accommodation. Permitted.

4.4 18/04846/PREMIM – Pre-application enquiry for additional unit.

4.5 19/01515/RG3 – Erection of a Business Unit. Permitted 17.07.2019.

4.6 19/04188/DISCON – Approval of details required under condition 3 (materials)

of Planning Permission 19/01515/RG3 - Erection of a Business Unit.

Permitted 06.11.2019.

4.7 19/04301/DISCON – Approval of details required under condition 12 (electric

vehicle charging scheme) of planning permission 19/01515/RG3 - Erection

of a Business Unit. Permitted 30.10.2019.

5.0 NATIONAL & LOCAL POLICY

5.1 National Planning Policy

5.2 The National Planning Policy Framework February 2019 (NPPF) sets out the

Government’s planning policies for England and how these are expected to

be applied. Planning permission must be determined in accordance with the

development plan unless material considerations indicate otherwise. The

National Planning Policy Framework is a material consideration in planning

decisions.

5.3 At the heart of the NPPF is a presumption in favour of sustainable

development.

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5.4 Harrogate District Local Plan 2014 - 2035

Policy GS1 Providing New Homes and Jobs

Policy GS2 Growth Strategy to 2035

Policy GS3 Development Limits

Policy GS5 Supporting the Districts Economy

Policy EC1 Protection and Enhancement of Existing Employment Areas

Policy TI3 Parking Provision

Policy CC4 Sustainable Design

Policy HP2 Heritage Assets

Policy HP3 Local Distinctiveness

Policy HP4 Protecting Amenity

Policy NE7 Trees and Woodland

Policy NE9 Unstable and Contaminated Land

5.5 Ripon Neighbourhood Plan

Policy A1 Sustainable Development

5.6 Supplementary Planning Documents

Heritage Management

5.7 Other material policy considerations:

Planning Practice Guidance

6.0 CONSULTATIONS

6.1 Estates Manager - No comments received.

6.2 Principal Building Control Officer - No comments received.

6.3 Ripon City Council – No comments received.

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6.4 OTHER REPRESENTATIONS

6.5 No third party representations received.

7.0 ASSESSMENT

7.1 The principal issues for consideration under this application are as follows:

I. The contribution towards economic development;

II. The effect of development on heritage assets;

III. The effect of development on the amenity of existing residents, and

future residents.

7.2 Sustainability

7.3 Sustainability is the central theme running through the National Planning

Policy Framework (NPPF), and proposals for sustainable development

should be approved without delay. There are three strands to sustainability,

social and economic and environmental.

7.4 The NPPF advises that to achieve sustainable development economic, social

and environmental gains should be sought jointly and simultaneously.

7.5 SOCIAL SUSTAINABILITY

7.6 Employment Land

7.7 One of the six key themes of the Economic Growth Strategy for the Harrogate

District (2017-2035) is Land and Buildings for Growth. This is about ensuring

that local companies can start-up, stay and grow, as well as allowing the

opportunity for inward investment. Moreover, a core principle of the NPPF is

to proactively drive and support sustainable economic development,

recognising that significant weight should be placed on the need to support

economic growth and productivity. This proposal will support business

development and offer additional employment opportunities within one of the

Council’s key business parks.

7.8 The Economic Growth Strategy 2017-2035 and associated Action Plan makes

specific reference to the need to rationalise and invest in the Council’s

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assets to ensure that they support economic growth in the best possible

way.

7.9 Local Plan Policy GS5 encourages sustainable economic growth in the district

by supporting development proposals that contribute towards providing a

range of quality business sites and premises.

7.10 Phoenix Business Park is a well-established employment site surrounded by

residential development. The proposal will provide an additional unit on the

site to increase the capacity of floorspace available for business users. The

proposal is expected to provide an additional 12 jobs.

7.11 Policy CC4 of the recently adopted Local Plan now requires new non-

domestic developments to achieve a minimum standard of BREEAM

‘Excellent’. However, at the time of the original planning approval the policy

requirement set out in Policy EQ1 of the Core Strategy required the

BREEAM ‘Very Good’ standard and the original and approved proposal

sought to achieve that standard.

7.12 Due to the constraints of the site in relation to Gypsum and drainage, it is not

possible to meet the required BREEAM ‘Very Good’ standard using the

approved design of the building. It will not therefore be possible to bring the

development through to completion without alterations to the design of the

building in order to achieve a satisfactory environmental standard. The

current proposal seeks to make amendments to achieve this.

8.0 ENVIRONMENTAL SUSTAINABILITY

8.1 Character and Appearance

8.2 Paragraph 124 of the NPPF States that the ‘creation of high quality buildings

and places is fundamental’ and that ‘good design is a key aspect to

sustainable development’.

8.3 Policy HP3 of the Local Plan seeks to protect and enhance local

distinctiveness.

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8.4 The proposed building is of the same scale and overall design to that

approved under the original application. The only alteration to the design is

the proposed installation of rooflights to the southern elevation of the

building.

8.5 It is not considered that the additional rooflights would be detrimental to the

overall appearance of the building.

8.6 Impact on Conservation Area

8.7 The site is situated within the Ripon Conservation Area. Local Plan Policy

HP2 seeks to protect heritage assets within the District, including

Conservation Areas.

8.8 The alterations to the proposed building are not considered to have a

significant impact on the character or appearance of the Conservation Area.

8.9 Impact on the Listed Building

8.10 Phoenix Business Centre includes within it a Grade II listed warehouse

building. The listing is as follows:

8.11 Grade II - Former warehouse, now Council Depot. Early Cl9. Coursed

dressed Magnesium limestone with hipped slate roof. 2 storey. West front, 5

bay, with central doorway with double plank doors and timber lintel. To the

left a glazing bar window and beyond a plank door. Beyond again a single

storey lean-to addition with a small casement. To the right a blocked window

and a small inserted casement, then a doorway with C20 door and narrow

overlight. Above central loft doorway with plank door flanked by 2 glazing bar

sashes. South, street front has 3 boarded windows and above a central,

bricked up loft doorway flanked by single blind openings.

8.12 The building is situated within the same complex but not immediately adjacent

to the listed warehouse. The proposal would be seen as part of the setting

of the building, however, the proposed design and materials are considered

to be in keeping and would not detract from the setting of the listed building.

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8.13 Amenity - impact on existing and proposed residents

8.14 The NPPF (2019) sets down the criteria for good development in terms of

economic, social and environmental sustainability. Paragraph 127 point f)

states that development should create places with a high level of amenity for

existing and future users.

8.15 The original approval included a condition (13) which restricted the installation

of further openings into the southern elevation without further permission

from the Local Planning Authority.

8.16 The building is situated 12m from the residential properties to the south and

the recommended separation distance for a two storey extension with no

windows in the Council’s adopted guidance is set as 12m. The

recommended separation distance for an extension with windows is 15m

where these are main windows.

8.17 The proposal is not for full windows but for rooflights, which would be at a high

level within the building itself. Whilst the separation distance is less than that

required for main windows, it is not considered that the reduced distance

would have a detrimental impact on the amenity of the residential properties,

as it would not create direct overlooking between the properties.

8.18 It is still recommended that a condition (previously no. 13 of 19/01515/RG3)

restricting the installation of further openings to the southern elevation

remains in place to safeguard the continuing amenity of the neighbouring

residential properties.

8.19 Highways

8.20 There are no changes to the approved access or car parking arrangements.

8.21 Trees

8.22 The proposed alterations to the building design would not impact upon the

trees on the site.

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8.23 Other Issues

8.24 It is considered that all conditions not already discharged are transferred to

any variation of condition approval, including the condition requiring a post-

completion BREEAM certificate.

8.25 A gypsum report was provided as part of the approved application and was

considered to be acceptable. A condition was requiring development to be

undertaken in accordance with this assessment.

8.26 Subject to an appropriate condition, the proposal remains acceptable in

respect of flood risk assessment.

8.27 ECONOMIC SUSTAINABILITY

8.28 With regards the economic role of sustainable development, the proposed

development will increase the level of accommodation available to business

users in Ripon and is expected to provide 12 full time equivalent jobs in the

locality.

9.0 PLANNING BALANCE & CONCLUSION

9.1 The proposal makes a contribution to the Council’s employment land supply

and does not have a significant adverse impact in terms of amenity, design,

heritage assets, drainage, flooding or highways, which would outweigh this

contribution.

10.0 RECOMMENDATION

10.1 That the application be APPROVED subject to conditions

1 The development hereby permitted shall be begun on or before 16.07.2022.

2 The development hereby permitted shall not be carried out otherwise than in

strict accordance with the details listed below:

Location Plan dated November 2018

Proposed Site Plan - A48/NBU/002/B dated 12th March 2019

Proposed Elevations and Plans - A48/NBU/004/C dated 29th April 2020

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3 The development hereby permitted is also subject to the details approved

under planning approval references 19/04188/DISCON and 19/04301/DISCON

unless otherwise specifically specified by a condition under this planning

permission reference 20/01470/DVCON.

4 The window frames of the development hereby permitted shall be constructed

in timber and no other materials shall be used without the prior written consent

of the Local Planning Authority

5 In the event that contamination is found at any time when carrying out the

approved development that was not previously identified it must be reported in

writing immediately to the Local Planning Authority. An investigation and risk

assessment must be undertaken by competent persons and a written report of

the findings must be produced and approved in writing by the Local Planning

Authority.

Where remediation is necessary a remediation scheme to bring the site to a

condition suitable for the intended use by removing unacceptable risks to

human health, buildings and other property and the natural and historical

environment must be prepared, and is subject to the approval in writing of the

Local Planning Authority. The approved remediation scheme must be carried

out in accordance with its terms prior to the commencement of development

other than that required to carry out remediation, unless otherwise approved in

writing by the Local Planning Authority. The Local Planning Authority must be

given two weeks written notification of commencement of the remediation

scheme works.

Following completion of measures identified in the approved remediation

scheme, a verification report that demonstrates the effectiveness of the

remediation carried out must be produced, and is subject to the approval in

writing of the Local Planning Authority.

6 The rating level of sound emitted from any fixed plant and/or machinery

associated with the development shall not exceed typical background sound

levels taken as a 15 minute LA90 at the nearest sound sensitive premises. All

measurements shall be made in accordance with the methodology of BS4142

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(2014) (Methods for rating and assessing industrial and commercial sound)

and/or its subsequent amendments.

Where access to the nearest sound sensitive property is not possible,

measurements shall be undertaken at an appropriate location and corrected to

establish the noise levels at the nearest sound sensitive property.

Any deviations from the LA90 time interval stipulated above shall be agreed in

writing with the local planning authority.

7 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 the proposed Site Plan for parking spaces, turning areas and access

shall be kept available for their intended purposes at all times.

8 The development shall be carried out in accordance with the submitted flood

risk assessment (by Harrogate Borough Council, dated 31 May 2019, Doc Ref

9515484) and the following mitigation measures it details:

o Finished floor levels shall be set no lower than 150mm above ground level.

o Flood resilience measures shall be set no lower than 750mm above floor

level.

These mitigation measures shall be fully implemented prior to occupation and

subsequently in accordance with the scheme's timing/ phasing arrangements.

The measures detailed above shall be retained and maintained thereafter

throughout the lifetime of the development.

9 The development, hereby approved, shall be undertaken in accordance with

the Gypsum Report produced by Listers Geotechnical Consultants Ltd and

submitted to the Local Planning Authority on 5th April 2019.

10 A Post Construction Stage Certificate issued by BRE for the development shall

be submitted for the approval in writing of the Local Planning Authority prior to

the first occupation of the development.

11 Before any artificial lighting works are commenced, a scheme which indicates

the measures to be taken for the control of any glare or stray light arising from

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the operation of artificial lighting shall be submitted to and approved in writing

by the Local Planning Authority. Thereafter the artificial lighting shall be

operated in accordance with the approved scheme.

The scheme should include the following information:-

a) The proposed design level of maintained average horizontal illuminance for

the site.

b) The predicted vertical illuminance that will be caused by lighting when

measured at windows of any properties in the vicinity.

c) The proposals to minimise or eliminate glare from the use of the lighting

installation

d) The proposed hours of operation of the lighting

Generally, to reduce problems of glare from floodlights and security lights, such

lighting should be installed and maintained in accordance with the " Guidance

Notes for the Reduction of Obtrusive Light" produced by the Institution of

Lighting professionals.

12 Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) (England) Order 2015 (or any order revoking and re-

enacting that Order), no further windows shall be inserted in the roof or walls of

the southern elevation of the building other than those approved under this

permission, without the prior written approval of the Local Planning Authority.

Reasons for Conditions:-

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

Act 1990.

2 In order to ensure compliance with the approved drawings.

3 For the avoidance of doubt

4 In the interests of visual amenity

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5 To ensure that risks from land contamination to the future users of the land and

neighbouring land are minimised, together with those to controlled waters,

property and ecological systems, and to ensure that the development can be

carried out safely without unacceptable risks to workers, neighbours and other

offsite receptors in accordance with Local Plan Policy NE9.

6 In the interests of residential amenity

7 To ensure these areas are kept available for their intended use in the interests

of highway safety and the general amenity of the development.

8 To reduce the risk of flooding to the proposed development and future

occupants

9 In the interests of ground stability

10 To safeguard the environment and mitigate climate change

11 In the interests of residential amenity

12 In the interests of residential amenity

In the event of any changes being needed to the wording of the Committee's decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Chief Planner has delegated authority to do so in consultation with the Chairman of the Planning Committee, provided that the changes do not exceed the substantive nature of the Committee's decision.

Case Officer: Emma Howson Expiry Date: 25 June 2020