Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Site Visit made on 23 November 2021 by Diane Cragg Dip TP MRTPI an Inspector appointed by the Secretary of State Decision date: 31 January 2022 Appeal Ref: APP/Z4718/W/21/3276678 Land west of Wesley Avenue (Allocated site HS184), Netherthong, Holmfirth, West Yorkshire. • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Fairbank Investments Ltd against the decision of Kirklees Metropolitan Council. • The application Ref 2020/60/91146/W, dated 25 May 2020, was refused by notice dated 23 March 2021. • The development proposed is residential development. Decision 1. The appeal is allowed, and planning permission is granted for residential development at land west of Wesley Avenue (Allocated site HS184), Netherthong, Holmfirth, West Yorkshire in accordance with the terms of the application, ref 2020/60/91146/W dated 25 May 2020, subject to the conditions contained in the schedule at the end of this Decision. Applications for costs 2. An application for costs was made by Fairbank Investments Ltd against Kirklees Metropolitan Council. This application is the subject of a separate Decision. Procedural Matters 3.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision The appeal scheme relates to an outline proposal, with access to the site, but not within the site, to be considered at this stage, and all other matters reserved for future consideration. Access within the site would be considered as part of ‘layout’ at reserved matters stage. I have considered the appeal accordingly. 4. The Council has considered the proposal based on 36 dwellings and the traffic generation figures for the development have been established assuming this number of dwellings. There is also a parameters plan which identifies specific site constraints to be taken forward into the layout. In addition, a revised illustrative layout plan showing how 33 dwellings could be accommodated within the site has been provided. I have considered the illustrative plan only insofar as it is relevant to the main issue in this case. 5. A signed and sealed agreement dated 9 December 2021 pursuant to section 106 of the Town and Country Planning Act 1990 (as amended) (s106 agreement) has been submitted during the appeal process. The s106 agreement is discussed later in this Decision. https://www.gov.uk/planning-inspectorate

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Appeal Decision APP/Z4718/W/21/3276678 6. I visited the appeal site on 23 November 2021. I subsequently made two further unaccompanied site visits on Tuesday 30 November and Friday 17 December 2021. 7. On 20 July 2021, the Government published its revised National Planning Policy Framework (the Framework). I have had regard to the Framework in reaching my decision. Main Issue 8. The main issue is the effect of the development on highway safety having particular regard to whether Wesley Avenue would provide an acceptable means of access into the appeal site. Reasons The appeal site 9. The appeal site is an undeveloped field on the western edge of Netherthong. The site adjoins Miry Lane and the garden to The Old Parsonage, a detached dwelling set within generous grounds to the north. Wesley Avenue lies to the east with the site adjoining the gardens of 11 and 12 Wesley Avenue, the detached property at 5 Miry Green Terrace and the Wesley Avenue cul-de-sac head. The rear gardens of properties on Arley Close and Holmdale Crescent adjoin the appeal site to the south with open fields to the west. Planning policy background 10.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision The statutory development plan for Kirklees is the Kirklees Local Plan adopted 27 February 2019 (KLP). Policy LP65 allocates the appeal site for residential development (site reference HS184) with an indicative capacity of 38 dwellings. Policy LP65 states that planning permission will be expected to be granted if proposals accord with the development plan principles and relevant development plan policies. 11. The site allocation identifies a gross site area of 1.24ha and a net developable site area of 1.09ha. The developable area is reduced to reflect the steep area of the site on the north side and to preserve the setting of the Netherthong and Deanhouse Conservation Area (CA). The allocation recognises development constraints and that a range of reports are required to enable the effective consideration of the planning application. None of the constraints or reports specifically relate to matters relevant to the main issue in this case. 12. Since the application was determined the Holme Valley Neighbourhood Development plan 2021 – 2031 has progressed through the examination stage.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Nevertheless, my attention has not been drawn to any specific policies in the Neighbourhood plan that are relevant to the proposed development. Highway safety 13. Policy LP21 of the KLP states that it shall be demonstrated that proposals can accommodate sustainable modes of transport and be accessed effectively and safely by all users. New development will normally be permitted where safe and suitable access to the site can be achieved for all people and where the residual cumulative impacts of development are not severe. https://www.gov.uk/planning-inspectorate 2

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Nevertheless, my attention has not been drawn to any specific policies in the Neighbourhood plan that are relevant to the proposed development. Highway safety 13. Policy LP21 of the KLP states that it shall be demonstrated that proposals can accommodate sustainable modes of transport and be accessed effectively and safely by all users. New development will normally be permitted where safe and suitable access to the site can be achieved for all people and where the residual cumulative impacts of development are not severe. https://www.gov.uk/planning-inspectorate 2

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Appeal Decision APP/Z4718/W/21/3276678 14. This is consistent with the Framework which states that in assessing sites that may be allocated in development plans it should be ensured that safe and suitable access to the site can be achieved for all users, and that any significant impacts from the development on the transport network in terms of capacity and congestion or on highway safety can be cost effectively mitigated to an acceptable degree. 15. Access to the appeal site is proposed from Wesley Avenue, a cul-de-sac with a carriageway width of approximately 4.9 metres and footpaths of between 1.6 - 1.8 metres to either side. Wesley Avenue joins Dean Avenue at an unmarked junction. Dean Avenue is a residential road with footpaths to both sides. Both roads have street lighting. To the north Dean Avenue forms one arm of a crossroads junction with Miry Lane, Giles Street and Dean Brook Road. To the south the estate road joins the B6107 Moor Lane at a priority junction. 16.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision The proposed access details plan indicates that the existing hammer head at the end of Wesley Avenue would be extinguished, and the new access would extend from the existing road, widening out to a 5.5 metre carriage way with footpaths at both sides 2 metres wide at the entrance to and for the initial section of the access. The evidence confirms that the illustrative plan shows that road design standards proposed within the site are in accordance with the Council’s Highway Design Guide SPD for new development. A new turning head would be designed within the site sufficient to accommodate a refuse vehicle. 17. The appellant uses TRICS data to calculate traffic generation based upon 36 dwellings and further trip generation analysis has been undertaken as a worst- case trip generation scenario. The vehicle trip generation of the development in the worst-case scenario would be 10 arrivals and 15 departures in the AM peak and 15 arrivals and 10 departures in the PM peak. This would equate to an average of 1 vehicle movement every 2.4 minutes during the peak hours. 18.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision In addition, based on the TRICS data the development could be expected to generate 13 trips by walking, cycling and public transport in the AM peak hour and 9 in the PM peak hour. I note the concern that the TRICS data may not be representative of the appeal site and may be inaccurate. However, the appellant has gone to some lengths to check the TRICS data following concerns raised by third parties and the highway authority was satisfied with the evidence in this regard. It is nevertheless accepted that the development would generate a noticeable level of increased pedestrian and vehicle movements along Wesley Avenue. 19. Wesley Avenue presently provides access to 12 properties and these existing houses benefit from off-road parking. However, due to the topography across Wesley Avenue, some of the driveways for properties slope either up or down at a reasonably steep gradient. Therefore, some residents park on the road, which due to its width and the steeper driveways being opposite each other, residents typically choose to park partly on the pavement. Consequently, the on-street parking reduces the available road width for traffic. 20.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision It is demonstrated in Manual for Streets (MfS) that a road width of 4.8 metres is sufficient for two cars to pass or a car and a lorry. A width of 4.1 metres would be sufficient for two cars to pass. As the width of Wesley Avenue available for traffic would be reduced by parked vehicles, cars from the proposed development would need to use the spaces between parked vehicles to pass. However, the road is a relatively short section of straight road so that https://www.gov.uk/planning-inspectorate 3

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision It is demonstrated in Manual for Streets (MfS) that a road width of 4.8 metres is sufficient for two cars to pass or a car and a lorry. A width of 4.1 metres would be sufficient for two cars to pass. As the width of Wesley Avenue available for traffic would be reduced by parked vehicles, cars from the proposed development would need to use the spaces between parked vehicles to pass. However, the road is a relatively short section of straight road so that https://www.gov.uk/planning-inspectorate 3

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Appeal Decision APP/Z4718/W/21/3276678 oncoming traffic would clearly be seen, and the parked cars would keep traffic speeds low. In addition, the residents of Wesley Avenue have the option of parking off road. Even if some drives are steep their surfacing and widths are mostly adequate to accommodate parked vehicles. 21. During my site visits the number of vehicles parked on the street varied considerably. At my initial site visit vehicles were parked along the road with no spaces between them, including in front of driveways. No driveways were in use. Given the other evidence before me about the level of parking, I made two further visits to the appeal site. At these subsequent visits fewer vehicles were parked on the highway. Driveway entrances were mostly unimpeded, and some were being used for parking particularly at the site entrance and at the cul-de- sac head. I appreciate that my site visits were a snapshot in time but in addition to these I have photographs and other evidence before me about the use of the road. 22.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Whilst accepting that in times of inclement weather some of the driveways within Wesley Avenue would not be suitable for parking, and noting that it is more convenient to park on the road than negotiate the steeper driveways of some properties, residential properties in Wesley Avenue have off-road parking provision. There is also capacity for the current on road parking without preventing access along the road. In addition, the removal of the existing turning head in favour of a more standard estate road design could provide a small increase in roadside car parking capacity. 23. The entrance into Wesley Avenue has acceptable visibility splays, the bell mouth entrance can accommodate vehicles entering and leaving the road without having to wait on Dean Road. Forward visibility along Wesley Avenue is acceptable and oncoming vehicles can be seen when travelling in either direction. 24. Taking account of anticipated traffic generated by the development, opposing traffic movements would be minimal, including at peak times.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Even with parked vehicles reducing the width of the road and vehicles having to pull into the roadside to accommodate opposing traffic movements, the additional traffic travelling along Wesley Avenue would not lead to conditions prejudicial to highway safety. 25. In terms of pedestrian movements, vehicles parking along Wesley Avenue are known to block the footpath. This arrangement still allows most pedestrians to pass vehicles on the footpath but as the residents’ consultant points out, those pedestrians from the development that have mobility issues or have prams would not be able to pass vehicles that significantly overlap the path. Nevertheless, the footpaths on Wesley Avenue are of sufficient width to accommodate all pedestrian movements from the development. In this respect therefore the highway infrastructure is suitable for all users. 26. The indication that a separate footpath could be provided to join onto Miry Lane could provide an alternative access into the village for pedestrian use. I note the appellant’s Safety Audit concerns about the steepness of the access on to Miry Lane and acknowledge that its design would need careful consideration.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision I also accept that a dedicated footpath would not be a replacement for the footpath access from Wesley Avenue. However, a dedicated alternative pedestrian access that could be designed to a standard for all users would https://www.gov.uk/planning-inspectorate 4

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision I also accept that a dedicated footpath would not be a replacement for the footpath access from Wesley Avenue. However, a dedicated alternative pedestrian access that could be designed to a standard for all users would https://www.gov.uk/planning-inspectorate 4

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Appeal Decision APP/Z4718/W/21/3276678 result in the site being more permeable, with access to the indicative open space, and would support sustainable travel. 27. With regard to the wider village location of the appeal site, it is positioned at the edge of Netherthong. Existing services and facilities within the village include a small shop, two public houses, Netherthong Primary School, and a café. These would all be within a 10-minute walk (a radius of 800 metres) of the application site. There would be little advantage to accessing facilities in the village by car because of the limited parking in the village centre and the controls placed on parking around the school at pick up and drop off times. Indeed, at my site visit I noted that many who travel from further afield to pick up children from the primary school park on New Road and at the entrance to Giles Street and Dean Brook Road and access the school by foot. Given the appeal site’s location there would be limited benefit in accessing the school and indeed other village facilities other than on foot. Therefore, these restrictions would shape the behaviour of future occupiers of the site. 28.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision In addition, those high school age children that would access the school on foot from the site would join others within the village that walk via the rural school route along Thong Lane. Further, there is no indication that the Highways Authority considers that the likely increase in vehicle or pedestrian movements through the village would be prejudicial to highway safety. 29. The appeal site is accessible by public transport. The closest bus stops would be on Dean Avenue with bus stops also at Moor Lane. I am advised that broadly bus services are provided hourly to Holmfirth and Huddersfield during the day, including over the peak travel times. The appellant’s submitted travel plan identifies measures to influence the behaviour of future residents towards more sustainable methods of travel. 30. It is also acknowledged within the evidence that locally there are no recorded safety issues, and this is reflective of a constrained network and lower flows in a village setting. In addition, neither the reason for refusal nor the Highway Authority indicate concerns over highway capacity in the wider village streets. 31.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Overall, as the Council acknowledges in its officer report, the development would result in a change in circumstances for the residents of Wesley Avenue, with more cars moving up and down the street. However, the test for refusing a development on highway grounds set out within the Framework and Policy LP21 of the KPS is that it must not result in an unacceptable impact on highway safety nor must the residual cumulative impacts on the road network be severe. 32. For the reasons given above, I am satisfied that the development would not be detrimental to highway safety and Wesley Avenue would provide an acceptable means of access to the appeal site. The development would accord with Policy LP21 of the KLP, it would also accord with the Framework. Other Matters 33. The site allocation acknowledges that constraints to development include the site’s proximity to a conservation area. The appeal site was assessed for the contribution it makes to the significance and setting of the CA as part of the local plan process. This concluded that the northern most section of the allocation adjacent to Miry Lane makes a moderate contribution to the CA’s https://www.gov.uk/planning-inspectorate 5

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Appeal Decision APP/Z4718/W/21/3276678 significance. I agree with the Council that the landscaping to the site boundary provides historic and aesthetic value to the conservation area by contributing to the rural setting and views along an historic route. The indicative layout and parameters plan include provision for the northern part of the site, immediately adjacent to Miry Lane, to remain open to safeguard the setting of the CA, as required by the Local Plan. The effect of the development on the setting of the CA in terms of the reserved matters will be reappraised at this stage. To the extent of the considerations in this outline proposal, the setting of the CA would be preserved. 34. My attention is drawn to an appeal decision from February 1980. Although I have not been provided with the full details of this case, I am advised that the appeal related to the same area of land. The main issue in that appeal was whether the proposal would constitute acceptable rounding-off of residential development on the western side of the village.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Whilst the paragraphs of the decision referred to in the evidence highlight the Inspector’s comments on the volume of traffic, this appears to be in the context of the effect of the development on the village character, highway safety was not the focus of the appeal. Therefore, this appeal has very limited relevance to the proposal before me. Further, this decision was some considerable time ago and in the intervening period the Council has allocated the appeal site for development, a considerable change in circumstances since 1980. 35. It has been highlighted that the grassed strip at the end of Wesley Avenue adjacent to the appeal site may not be part of the adopted highway. However, as acknowledged in the evidence, ownership issues are a private matter between the relevant parties. 36. As the application was made in outline with all matters apart from access to the site reserved, the impact of the development in terms of its layout and appearance on the character and appearance of the area and the living conditions of occupants of nearby residential properties would be considered at the reserved matters stage. 37.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Residents, Councillors, and an MP have also expressed a wide range of concerns including, but not limited to the following: drainage and flooding, landscape and ecology, social infrastructure, historic environment, noise, air quality and pollution and climate change. I note that these matters were considered by the Council at the application stage and did not form part of the reason for refusal, which I have dealt with in the assessment above. Whilst I note the concerns of residents, Councillors and the MP, there is no compelling evidence before me that would lead me to come to a different conclusion to the Council on these matters. I have considered this appeal proposal on its own merits and concluded that it would not cause harm for the reasons set out above. Section 106 Agreement 38. The s106 agreement provides a mechanism to secure the provision of affordable housing, offsite financial contributions to deliver improvements to mitigate the pressures on education and open space, arrangements to secure the long-term maintenance of public open space and surface water drainage, and a contribution to support sustainable transport methods. https://www.gov.uk/planning-inspectorate 6

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Appeal Decision APP/Z4718/W/21/3276678 39. Although the agreement has been signed by the relevant parties, it is necessary that I consider this obligation against the three tests set out in the Framework and Regulation 122(2) of the Community Infrastructure Levy Regulations 2010. 40. The requirement for affordable housing is set out in both national and local policy. All new housing development brings about demand for education and public open space facilities and the open space within the development will need to be maintained. The specific nature of the site and development require the drainage to be maintained to function correctly. A contribution towards sustainable transport methods is sought. The Council has clarified that the contribution would be spent on measures to encourage the use of sustainable travel options, including public transport, the promotion of personal journey planning, walking, cycling, and car sharing in accordance with the requirements of Policy LP20. This could be managed via a travel plan which may be secured by condition. 41. Overall, I am satisfied that the proposed obligations and contributions would be necessary to make the development acceptable in planning terms.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Furthermore, on the evidence before me, they would be directly related, and fairly and reasonably related in scale and kind, to the development proposed. The agreement therefore meets the relevant tests. I have therefore attached weight to the obligations and contributions in reaching my decision. Conditions 42. I have considered the conditions put forward by the Council with reference to the Framework and Planning Practice Guidance. The appellant has had the opportunity to comment on the conditions including those which are pre- commencement. 43. I have imposed conditions which concern the statutory time limit and the reserved matters. In the interests of certainty, I have also imposed a condition concerning the approved plans. The parameters plan and the maximum number of 36 dwellings form the basis for much of the supporting information and it is thus reasonable and necessary to ensure that the development is built in accordance with these principles. 44. In the interests of the living conditions of residents, highway safety, health and safety and ecological interests, it is necessary to impose a condition requiring the submission of a Construction Management Plan.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision It is required prior to the commencement of the development to ensure that such measures are in place throughout the construction phase. 45. Conditions requiring the design of the internal highway and proposed footpath link are necessary to ensure that the highway is suitably designed and drained to ensure the safety of road users and pedestrians. 46. Garaging and parking spaces need to be provided prior to occupation and thereafter retained for parking purposes. This is to ensure that the development would meet its own parking needs. To encourage sustainable travel choices, provision should be made for secure cycle parking facilities. It is also necessary to ensure that the measures in the Travel Plan Statement are actioned through a Final Travel Plan. https://www.gov.uk/planning-inspectorate 7

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Appeal Decision APP/Z4718/W/21/3276678 47. In the interests of sustainability, measures are required to be incorporated into the development which promote carbon reduction, enhance resilience to climate change, and support electric vehicle charging to serve the dwellings. 48. Full surface water and foul drainage details are required to ensure that the site is suitably drained, and to ensure that measures are incorporated into the development design to prevent surface water flooding of future dwellings and to protect the existing drainage system during the construction phase of the development. An Ecology Impact Assessment and Design Strategy is required as part of the detailed design of the development to protect ecological interests and improve biodiversity. 49. As a result of mining legacy, contaminated land conditions are required seeking a Phase 2 Site Investigation Report, a Remediation Strategy (as required) and a Validation Report following completion of any necessary remediation measures. 50. No separate highway drainage condition is required as the need for drainage works to be approved are included in the requirement for the layout of the internal estate roads.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Appeal Decision Further, no specific condition is required to ensure separate foul and surface water drainage as this can be agreed through the drainage details conditions. Conclusion 51. The appeal site is allocated for housing development in the KLP. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Framework at paragraph 11(c) advises that for decision making, development proposals that accord with an up-to date development plan should be approved without delay. 52. The appeal proposals conform with the location and scale of development proposed in the Local Plan. I have concluded that access to the proposed development along Wesley Avenue would not be harmful to highway safety. 53. Consequently, for the reasons given above, and having regard to all other matters raised, I conclude that the proposal would accord with the development plan and the Framework, and therefore the appeal is allowed subject to conditions.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg INSPECTOR https://www.gov.uk/planning-inspectorate 8

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/Z4718/W/21/3276678 Schedule of Conditions 1) Approval of the details of the scale, layout, appearance, and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development commences. 2) Plans and particulars of the reserved matters referred to in Condition 1 above, relating to the scale, layout, appearance, and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out in full accordance with the approved plans. 3) Application for approval of any reserved matter shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 4) The development hereby permitted shall be begun either before the expiration of two years from the final approval of reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. 5) The development hereby permitted shall be carried out in accordance with the following approved plans: drawing numbers 0S1A – Location Plan, P3 – Access Details.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg 6) Details of ‘layout’ submitted pursuant to condition 1 shall be informed by the approved Parameters Plan (drawing number P2A Rev A). 7) The development permitted shall not exceed 36 dwellings. 8) The point of access for the development shall be provided in accordance with drawing number P3 (Access Details) prior to the first occupation of the development hereby permitted and shall thereafter be maintained. 9) Prior to development commencing a Construction Management Plan (CMP) shall be submitted to and approved in writing with the Local Planning Authority. The plan shall describe in detail the actions that will be taken to minimise adverse impacts on occupiers of nearby properties and highway safety by effectively controlling: • Noise & vibration arising from all construction related activities. This shall also include suitable restrictions on the hours of working on the site including times of deliveries. • Dust arising from all construction related activities. • Artificial lighting used in connection with all construction related activities and security of the construction site.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg • Means of access to the site for construction traffic • Times of use of the access • The routing of construction traffic to and from the site • Construction workers’ parking facilities • A scheme to demonstrate how the public highway will be kept clear of mud/debris The approved plan shall be adhered to throughout the construction of the development. https://www.gov.uk/planning-inspectorate 9

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg • Means of access to the site for construction traffic • Times of use of the access • The routing of construction traffic to and from the site • Construction workers’ parking facilities • A scheme to demonstrate how the public highway will be kept clear of mud/debris The approved plan shall be adhered to throughout the construction of the development. https://www.gov.uk/planning-inspectorate 9

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg Appeal Decision APP/Z4718/W/21/3276678 10) No development hereby permitted shall take place on the site until full details of the proposed internal adoptable estate roads including turning heads and the footpath link to Miry Lane, shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include full sections, drainage works, street lighting, signing, surface finishes and the treatment of sight lines, together with an independent safety audit covering all aspects of the work. The site shall be laid out and constructed in accordance with the approved details prior to the occupation of the development and be thereafter maintained. 11) No development hereby permitted shall take place on the site until full details of the proposed location and cross-sectional information together with the proposed design and construction details for all new retaining walls/building retaining walls adjacent to the proposed adoptable highways shall be submitted to and approved by the Local Planning Authority. The site shall be laid out and constructed in accordance with the approved details prior to the occupation of the development and be thereafter maintained.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg 12) Prior to the occupation of the development hereby permitted, details of secure and covered cycle parking facilities for the dwellings shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details prior to the occupation of the dwelling to which it relates and be thereafter maintained. 13) No dwelling shall be first occupied until the car parking and/or garaging provision for that dwelling have been provided. The car parking and/or garaging provision shall be retained for that purpose thereafter. 14) A Final Travel Plan shall be submitted to, and approved in writing by, the Local Planning Authority within 6 months of the first occupation of the development hereby permitted. The Final Travel Plan shall be based on the principles set out in the Travel Plan Statement (30 March 2020) and shall include modal targets to achieve its objectives and a timetable for their achievement. The Final Travel Plan shall thereafter be implemented in accordance with the approved details.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg 15) Notwithstanding the submitted information, an updated Ecological Impact Assessment shall be provided with the details of ‘layout’ and ‘landscaping’ submitted pursuant to condition 1, and the layout and landscaping of the site shall be informed by the recommendations of the updated Ecological Impact Assessment. 16) Details of ‘layout’, ‘landscaping’ and ‘appearance’ submitted pursuant to condition 1 shall include an Ecological Design Strategy that details a scheme of measures to provide a demonstrable net gain for biodiversity on the site. 17) Groundworks (other than those required for a site investigation report) shall not commence until a Phase II Intrusive Site Investigation Report has been submitted to and approved in writing by the Local Planning Authority. https://www.gov.uk/planning-inspectorate 10

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg Appeal Decision APP/Z4718/W/21/3276678 18) Where site remediation is recommended in the Phase II Intrusive Site Investigation Report approved pursuant to condition 17, further groundworks shall not commence until a Remediation Strategy has been submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy shall include a timetable for the implementation and completion of the approved remediation measures. 19) Remediation of the site shall be carried out and completed in accordance with the Remediation Strategy approved pursuant to condition 18. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy or contamination not previously considered in either the Preliminary Risk Assessment or the Phase II Intrusive Site Investigation Report is identified or encountered on site, all groundworks in the affected area (except for site investigation works) shall cease immediately and the Local Planning Authority shall be notified in writing within 2 working days. Works shall not recommence until proposed revisions to the Remediation Strategy have been submitted to and approved in writing by the Local Planning Authority.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg Remediation of the site shall thereafter be carried out in accordance with the approved revised Remediation Strategy. 20) Following completion of any measures identified in the approved Remediation Strategy or any approved revised 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 remediation measures have been completed for (that part of) the site in accordance with the approved Remediation Strategy or the approved revised Remediation Strategy and a Validation Report in respect of those remediation measures has been approved in writing by the Local Planning Authority. Where validation has been submitted and approved in stages for different areas of the whole site, a Final Validation Summary Report shall be submitted to and approved in writing by the Local Planning Authority. 21) The development shall be carried out in accordance with the flood mitigation measures detailed within the Combined Flood Risk Assessment and Drainage Strategy Prepared by Sanderson Associates – Report Ref: 11439/DH/001/01 dated March 2020.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg 22) A scheme detailing foul, surface water and land drainage, (including off site works, outfalls, balancing works, plans and longitudinal sections, hydraulic calculations, phasing of drainage provision, existing drainage to be maintained/diverted/abandoned, and percolation tests, where appropriate) shall be submitted to and approved in writing by the Local Planning Authority before development commences. None of the dwellings shall be occupied until such approved drainage scheme has been provided on the site to serve the development or each agreed phasing of the development to which the dwellings relate. The drainage scheme shall thereafter be retained as such. 23) Details of the operation, maintenance, and management of the surface water drainage infrastructure approved pursuant to condition 22 shall be submitted to and approved in writing with the Local Planning Authority before any dwelling is first occupied. The details shall include adoption https://www.gov.uk/planning-inspectorate 11

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg Appeal Decision APP/Z4718/W/21/3276678 proposals of any adoptable structures, as necessary. The development shall thereafter be operated, managed, and maintained at all times for the lifetime of the development, or up to the point of adoption, in accordance with the approved details. 24) No piped discharge of surface water from the development site shall take place until the surface water drainage system approved pursuant to condition 22 has been completed. 25) Development shall not commence until a scheme detailing temporary surface water drainage for the construction phase (after soil and vegetation strip) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall detail: • phasing of the development and phasing of temporary drainage provision; and • methods of preventing silt, debris and contaminants entering existing drainage systems and watercourses and how flooding of adjacent land is prevented. The temporary works shall be implemented in accordance with the approved scheme and phasing. No phase of the development shall be commenced until the temporary works approved for that phase have been completed.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg The approved temporary drainage scheme shall be retained until the approved permanent surface water drainage system is in place for that phase and functioning in accordance with written notification to the Local Planning Authority. 26) Before the electrical system is installed on any dwelling, a scheme detailing the dedicated facilities that will be provided for charging electric vehicles and other ultralow emission vehicles shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall meet at least the following minimum standard for numbers and power output: • A Standard Electric Vehicle Charging point (of a minimum output of 16A/3.5kW) for each residential unit that has a dedicated parking space • One Standard Electric Vehicle Charging Point for every 10 unallocated residential parking spaces Buildings and parking spaces that are to be provided with charging points shall not be brought into use until the charging points are installed and operational. The charging points shall thereafter be retained.

Land west of Wesley Avenue (Allocated site HS184), Netherthong, HD9 3UL — Kirklees Metropolitan Council — Diane Cragg 27) The details submitted pursuant to condition 1 (the reserved matters), shall include a detailed scheme of measures to be incorporated into the development which promote carbon reduction and enhance resilience to climate change. The development shall be provided in accordance with the approved details and retained as such. https://www.gov.uk/planning-inspectorate 12