The Regulatory and Appeals Committee is asked to consider a full planning application for the conversion and refurbishment of Grade II listed Ebor Mills into 14 dwellings, construction of 24 new dwellings within the curtilage of the site, landscaping, biodiversity and environmental enhancements, highway and footway improvements to Ebor Lane and demolition of the weaving sheds and partial demolition and reconstruction of the boiler house

The Committee is also asked to consider a listed building consent application for the conversion and refurbishment of Ebor Mills into 14 dwellings, construction of 24 new dwellings within the curtilage of the site and landscaping works within the curtilage of the Grade II listed heritage assets.

A full assessment of the applications against all relevant planning policies and material planning considerations is included at Appendix 1 to Document “P”.

Recommended –

(1)  That the Committee be minded to grant planning permission subject to a S106 Agreement and with conditions as listed in Document “P” and that the Assistant Director Planning Transportation & Highways be authorised to exercise delegated powers to issue the grant of permission on completion of the said S106 Agreement.

(2)  That the Committee be minded to grant listed building consent with conditions as listed in Document “P” and that the Assistant Director Planning Transportation and Highways be authorised to exercise delegated powers to issue the grant of consent.

(John Eyles – 01274 434380)

The Committee was asked to consider a full planning application for the conversion and refurbishment of Grade II listed Ebor Mills into 14 dwellings, construction of 24 new dwellings within the curtilage of the site, landscaping, biodiversity and environmental enhancements, highway and footway improvements to Ebor Lane and demolition of the weaving sheds and partial demolition and reconstruction of the boiler house

The Committee was also asked to consider a listed building consent application for the conversion and refurbishment of Ebor Mills into 14 dwellings, construction of 24 new dwellings within the curtilage of the site and landscaping works within the curtilage of the Grade II listed heritage assets.

A full assessment of the applications against all relevant planning policies and material planning considerations was included at Appendix 1 to Document “P”.

The Assistant Director gave a detailed overview of the planning application, showing plans, photographs of the proposed site, layout and house types.  He  also updated Members on five additional representations that had been received, citing noise from the construction, dust, Haworth unable to cope with additional development, flooding, loss of green space/wildlife, the capacity of the sewerage system and that electricity charging points would not be provided to the existing cottages, as part of the proposal to provide them with offsite parking spaces.

He added that given the narrowness of the existing footway, the S106 would also include the widening of the footway. The Environment Agency had not raised any concerns around flooding and the Council’s drainage and Highways Sections were also happy with the proposals. Subject to the deletion of Condition 8 the application was recommended for approval.

A Member stated that given the constraints on the existing highway network, what would be the impact of construction traffic and how would the car park be surfaced to deal with water drainage.  In response the Assistant Director stated that the application site was in a lower flood zone, although in proximity to the river, the lower part of the spinning mill area and buildings in this vicinity had been assessed in terms of flood risk and the proposal was to install a barrier as an additional measure, so that water was unable to enter any part of the site.  In addition no concerns regarding flooding had been expressed in terms of the car parking area. In terms of vehicle movement, the Highways Engineer stated that a traffic assessment had been carried out and given that there already had been HGV movement entering and exiting the site associated with its past industrial use, he did not envisage construction traffic would cause additional issues. He added that in his opinion the visibility splays were acceptable and he envisaged that there would be around 17 vehicle movements per hour post completion and this again would not cause any undue pressures on the highway network.

A Member raised concerns that the Environment Agency had asked for a flood evacuation plan and how this would affect home insurance policies; in addition he ascertained what the arrangements were in relation to the maintenance of the green belt, the mill chimney and the car parking area.  In response the Assistant Director stated that landscaping details would have to be submitted and that the applicant would be able to address the specific issues regarding maintenance arrangements on the site during their submission.

In relation to the Environment Agency comments regarding a flood evacuation plan, the Assistant Director stated that this was a “belt and braces” stipulation for an extreme flooding event, but no flooding concerns had been raised on this site per se.

A Haworth Ward Councillor was present at the meeting and stated that this was a complicated application and difficult for a lay person to navigate, as many documents had been superseded by new ones.  Initially Ward Councillors had not been consulted by the applicant as part of the public consultation process.  Although the principle of development had been established on the site, access onto the site was an issue and where pavement widening was being proposed, she questioned how this would be achieved given the already existing constraints.  She suggested that a traffic management plan needed to be imposed in terms of the route that construction traffic would follow, including conditioning the use of a banksman.  She added that traffic noise, dust emanating from the construction affecting the cottages was an issue and that the parking for the cottages should be done as a priority, as well as a maintenance plan for the nature reserve.

In response to the issues raised by the Ward Councillor, the Highways Engineer stated that if Members felt it was appropriate, additional highway matters could be added to the traffic management plan.  In respect of the widening of the footway there was enough scope to do that within the current arrangements without affecting the width of the road.

The Chair of the Haworth, Stanbury and Cross Roads Parish Council was present at the meeting and stated that the application had been changed over time and that he was unaware of many of the changes proposed on terms of layout of the site.  He added that traffic would increase significantly as a result of the development; that given the road would not be adopted post development, parking issues would ensue on and off the site, in addition to  the inadequate number of visitor parking spaces being envisaged.  Concerns around flooding were also expressed and that the Environment Agency was not fully aware of all the issues, with the beck being a particular area of concern. He also cited the detriment the new development would have in terms of its impact on the heritage and conservation aspects of this area, and that it would detract from the openness of the area, as well as impacting on the historic Haworth railway line.

In response to the issues raised by the Parish Council, the Assistant Director stressed that in terms of flooding, a full modelling had been undertaken and that given the comments from the Environment Agency, he was satisfied in this regard In relation to the openness of the site, again this would be maintained, in particularly with the proposal to demolish some of the smaller outbuildings and the creation of a parking area, adding that the Conservation Officer had expressed no adverse comments on the application.

In terms of the issues raised regarding the highway arrangements, the Highways Engineer explained that the on-site parking arrangements were considered acceptable and that although the road on site would remain unadopted, it would be constructed to adoptable standards, and that  it would then be up to the developer to maintain the road going forward.

The applicant was also present at the meeting and stated that the housing being proposed on this site would be of a high build quality in line with the ethos of the company.  That the site had been acquired in 2018 and much work had been undertaken to ensure that a sympathetic, high quality build, in keeping to its location was enacted.  The proposals had been widely consulted on, on what is a challenging site, however it was felt that all the issues pertaining to the site had been resolved.

In response to questions to the applicant regarding parking arrangements for the cottages and the maintenance arrangements pertaining to the mill chimney and the wildlife area, it was stated that the parking allocated for the cottages would be a permanent arrangement and would be available during the construction phase.  That although the wildlife area was in the ownership of the applicant, use of this area would not be prohibited and that they would welcome suggestions from local groups as to how this can be maintained going forward.  In respect of the mill chimney, a full structural survey would be undertaken and any future maintenance would be passed onto the management company.  It was also stressed that given the site was in flood zone 1, it would not create any barriers to anyone obtaining a mortgage.

During the discussion Members expressed broad support for the proposals, however concerns were aired around the suggestion by the Environment Agency to have a flood evacuation plan, given the site was in flood zone 1, and it was suggested that this condition should be deleted.  In addition it was suggested that a dilapidation survey should also undertaken to gauge the condition of the existing highway network prior to construction, and make good any damage to the highway, post development, and it was therefore:

Resolved –

(1)       That the Committee be minded to grant planning permission      subject to a S106 Agreement and with conditions as listed in             Document “P”, together with an additional condition relating to a     dilapidation survey and the deletion of Condition 8 as set out     below, and that the Assistant Director Planning Transportation &     Highways be authorised to exercise delegated powers to issue the       grant of permission on completion of the said S106 Agreement.

(i)            Dilapidation Survey Condition

            Before development works begin a survey shall be sent to the   Local Planning Authority detailing the existing condition of the public highway known as Ebor Lane for the full length from             the  junction with Lees Lane to the junction with Mytholmes        Lane.  The survey shall act as a means of recording the existing   condition of the public highway and shall include all kerbs,             footways and all areas of carriageway.

On completion of the development a further condition survey  shall be carried out and submitted to and approved in writing by the Local Planning Authority for the exact same stretch of public highway as set out above. The survey shall detail any damage to the public highway (dilapidation) and it shall identify a detailed specification of all works necessary to repair the condition of the highway to at least the same condition as identified in the pre-development survey set out above. All works identified in the dilapidation survey shall be completed within 6 months of the sale of the last dwelling unit on the development.

Reason: To ensure that any damage carried out to the public highway caused by construction traffic is made good in the interests of highway safety and to accord with Paragraph 108 of the National Planning Policy Framework.

(ii)          Condition 8 be deleted:

8. Flood Warning and Evacuation Plan (LLFA) The development shall not be brought into use until an emergency access and egress plan has been submitted to and approved in writing by the Lead Local Flood Authority. The approved Plan shall be implemented and maintained for the life-time of the development. Reason: In the interests of the amenity of future occupiers and for the effective management of flood risk in accordance with Policies DS5, EN7 and EN8 of the Core Strategy Development Plan Document.

(2)       That the Committee be minded to grant listed building consent with conditions as listed in Document “P” and that the Assistant Director Planning Transportation and Highways be authorised to           exercise delegated powers to issue the grant of consent.

ACTION: Assistant Director Transportation Design and Planning

(John Eyles – 01274 434380)