LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Site visit made on 16 August 2022 by R Hitchcock BSc(Hons) DipCD MRTPI an Inspector appointed by the Secretary of State Decision date: 1 September 2022 Appeal Ref: APP/A4710/W/22/3294009 Land west of 3 Quarry Court, Rastrick, Brighouse HD6 3LP (413414, 421008) • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Marshall Homes Ltd against the decision of Calderdale Metropolitan Borough Council. • The application Ref 21/00471/FUL, dated 18 March 2021, was refused by notice dated 10 September 2021. • The development proposed is new build residential development providing 4 no detached 4 bed dwellings including new access road; gardens and external works. Decision 1. The appeal is allowed and planning permission is granted for the residential development of 4 detached dwellings including new access road, garages, gardens and external works at land west of 3 Quarry Court, Rastrick, Brighouse HD6 3LP, in accordance with the terms of application Ref 21/00471/FUL, dated 18 March 2021, subject to the conditions set out in a Schedule attached to this Decision. Applications for costs 2.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision An application for costs was made by Marshall Homes Ltd against Calderdale Metropolitan Borough Council. This application is the subject of a separate Decision. Preliminary Matters 3. The site was identified on the planning application form by way of grid reference only. The address in the banner heading above is taken from the Council’s Decision Notice and was subsequently used by the appellant for the purposes of the appeal. I have used both references for clarity. 4. The description appearing in the banner heading above is taken from the planning application form. The Council has used the revised description of ‘Residential development of 4 detached dwellings including new access road, garages, gardens and external works’. It does not change the development for which planning permission was sought. I have used the revised description in my decision as a more accurate and inclusive description of the proposal. 5. During the course of the Council’s consideration of the planning application, the appellant provided additional plans for their consideration. There is some discrepancy in the layout shown on plan PL200 and that consistently shown on the other plans referenced in the Decision Notice.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Consequently, as the exception, I have disregarded the detailed layout shown on Plan PL200. https://www.gov.uk/planning-inspectorate

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Consequently, as the exception, I have disregarded the detailed layout shown on Plan PL200. https://www.gov.uk/planning-inspectorate

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/22/3294009 6. For the purposes of the appeal, the appellant has provided an ecological impact assessment1 of the site and an associated revised landscaping plan. It does not change the form or layout of the proposed development. As the nature of concerns of those who would normally have been consulted are clear from consultation on the original set of plans, and the Council has had the opportunity to comment in response, I do not consider that their interests would be prejudiced if I take the additional information into account. 7. Pursuant to this additional information, the Council has subsequently indicated that it is satisfied that the requirements of saved Policy NE16 of the Replacement Calderdale Unitary Development Plan [adopted 2006, amended 2009] (the UDP) in relation to protected species, and referred to in its second reason for refusal, would not be adversely affected by the proposal. I find no reason to disagree with that approach and I have proceeded on that basis. 8. An Arboricultural Implication Assessment2 submitted by the appellant identifies that no trees require removal as a consequence of the proposed development.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision However, in the interests of good arboriculture, it recommends removal of some off-site trees, some of which are covered by a Tree Preservation Order. For the avoidance of doubt, nothing in this decision permits or otherwise allows any works to be carried out to the off-site trees. 9. The appellant asserts that the site, described as pasture on the planning application form, benefits from a lawful use as a parking/storage area. It is not for me, under a section 78 appeal, to determine whether or not an existing development is lawful. To that end, it is open to the appellant to apply for a determination under s191 of the Town and Country Planning Act 1990 and my determination of this appeal under s78 does not affect the issuing of a determination under s191 regardless of the outcome of this appeal. 10. The site lies adjacent to a row of 3 Grade II Listed Buildings at 20, 22 and 24 New Hey Road, Rastrick. These are 2-storey stone-built cottages with stone slate roofs. The buildings feature chimneys, mullioned windows and doors with monolithic jambs. There is no dispute between the main parties that the setting of the terrace would be preserved.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Pursuant to the duty under s66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, having considered the proposal and visited the site, I concur with that view. 11. This is due to the listed buildings being set-in well-defined plots which address the road frontage. The rear boundaries are defined by stone walls and set above the site. The development would appear distinct at a lower land level and maintain sufficient space about the plots to ensure that there would be no imposition on the significance of the buildings. Accordingly, it is my view that the development proposed would preserve the setting of the designated heritage assets and I shall make no further reference to this matter. Main Issues 12. The main issues are the effects of the development on highway safety and biodiversity. 1 Ecological Impact Assessment Whitcher Wildlife Ltd. Ref 211113/EcIA 11 February 2022 2 Arboricultural Implication Assessment Report TCC-1353-2 (Feb 2021) by Tree Care Consultancy https://www.gov.uk/planning-inspectorate 2

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/22/3294009 Reasons Highway safety 13. The site frontage is located on Spout Hill, a cul-de-sac road providing access to modern residential flats and houses. The entrance lies close to the asymmetric priority junction of Spout Hill with New Hey Road (A643). The main road links the centre of Brighouse to the M62 and nearby settlements, including Huddersfield. 14. The proposal seeks to provide a new unimpeded 2-way access into the site. Additional works would include in-highway works consisting of a bollarded pavement build-out on the northern radius to realign the exit from Spout Hill on to New Hey Road, a central pedestrian refuge island and a carriageway ‘Keep Clear’ marking at the proposed entry point. Provision for footway users, including tactile surfacing across the proposed entrance and the mouth of the main junction, would also be installed. 15. Due to the cul-de-sac nature of Spout Hill, the majority of vehicle movements associated with the proposal would be of a right turn into the site from Spout Hill and a left turn out. Although other movements may arise, these would be extremely limited such that they would be unlikely to have a material effect on highway safety in the locality.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision 16. According to the Council, the proximity of the proposed entrance to the junction of Spout Hill with New Hey Road would be some 12m. This is below the Council’s adopted guideline of 15m. The distance would mean that vehicles entering into Spout Hill from the main road would need to stop or slow in close proximity to the main road junction before carrying out a right-turn manoeuvre into the site. 17. Such a manoeuvre would require visibility along Spout Hill to the west resulting drivers/riders to wait within the carriageway in the event oncoming traffic was travelling towards the junction or was positioned so as to prevent the manoeuvre. In such close proximity to the main junction, less visible waiting cyclists or motorcyclists would be vulnerable to traffic turning into Spout Hill. Furthermore, larger stationary vehicles would prevent following vehicles from completing a turn into Spout Hill. This, or waiting by physically longer stationary vehicles, could lead to traffic overhanging, backing up or waiting to right turn on the main road. 18. Notwithstanding the downhill incline of the northbound approach, forward visibility along the main road towards the existing junction is good in both directions.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision At my site visit, I saw that the junction position on the outside of a bend in the broad A643 carriageway and between areas of roadside parking on the northbound side causes traffic to drive closer to the centreline than it otherwise might. Accordingly, the risk associated with waiting or marginally overhanging traffic on the main northbound traffic flow is unlikely to be significant or cause a significantly elevated risk of collision. 19. However, vehicles turning right into the cul-de-sac and then into the site would likely have a continuous turn signal. The driver intention would not be clear to following drivers/riders. As the majority of those turning into Spout Hill would continue onto the existing housing areas, anticipation of turns into the site would likely be limited and at an instant ensuing drivers were potentially https://www.gov.uk/planning-inspectorate 3

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/22/3294009 accelerating to carry out their turns from the main carriageway. This would result in a potential point of conflict with some elevated risk to highway safety. This concern might be exacerbated in the event more than one following vehicle was present. 20. The appellant has demonstrated that waste collection vehicles could enter and exit the site, however, there is no confirmation that they would be able to turn within it, that any such turning could be accommodated without damage to an intended private road, or, that the road incline would be safe for use by large vehicles. If collection vehicles were unable to turn within the site, they would potentially lead to waiting or reverse turning close to the site entrance to exacerbate the above concerns considerably. Whilst I acknowledge that the frequency of such incidents would be limited, they would nevertheless give rise to unsafe highway conditions. 21. I acknowledge that the traffic associated with 4 dwellings would not be significant. The frequency of impeded right turning manoeuvres into the site entrance, caused by traffic from development served by Spout Hill, estimated to be some 87 dwellings by the Council, would be low.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision When applying the likely frequency of incidents when vehicles would arrive to turn into Spout Hill at similar times or when bins were being collected, the events potentially causing elevated risk would be somewhat limited. Nevertheless, there would be increased potential for collisions between highway users due to the proximity of the proposed access to the junction. This would be to the detriment of highway safety. 22. In support of the proposed development, the appellant has provided evidence of the use of the existing site for parking of some vehicles within the entrance of the site. Without the ability to turn within the existing site, such parking would require reversing manoeuvres from or into the site in close proximity to the junction. Although the incidences of such manoeuvres would be less than the use of the proposed entrance in conjunction with 4 new houses, this would remove an existing potentially hazardous situation. 23. The appellant has proposed a number of highway alterations to improve aspects of the existing junction safety. The left turn from Spout Hill onto the main road follows an inclined approach and currently has a low angle of turn. This allows drivers to carry out the manoeuvre at speed.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision The proposed build- out of the northern pavement would increase the angle of the left turn on to New Hey Road, thereby decreasing the speed at which the manoeuvre could be made. 24. In conjunction with the reduction of the width of the junction and proposed central refuge at a recommended 2m width, this would also significantly reduce the likelihood of parking on the junction as demonstrated to currently occur in the appellant’s evidence. In turn, this would potentially improve visibility at the junction and provide safer crossing for footway users. Additionally, the central refuge would assist those crossing the bell-mouth and provide a clear direction for vehicles turning right into the cul-de-sac to prevent cutting across its centre line. 25. A Keep Clear marking would assist in reducing the frequency of impeded right turns into the site and the duration of times that traffic entering the site might need to wait. This would be particularly beneficial in the morning peak when traffic leaving the cul-de-sac is likely to be highest. https://www.gov.uk/planning-inspectorate 4

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/22/3294009 26. There is little before me to suggest that such proposed works, or similar in- highway measures, would be opposed by the local highway authority. Accordingly, these are works that could be secured through a Grampian style condition to partly offset the hazards associated with the use of the proposed access. 27. I note the Council’s concern that the existing grassed area to the inside of the pavement on the southern radius might be enclosed or planted such that visibility into Spout Hill on approach from the south could be reduced across the acute angled turn. However, there is little to demonstrate that this well- maintained landscaped area, which accommodates a post box and road sign, might be altered in that manner. 28. I acknowledge the appellant’s contention that the recent accident record for the locality shows there have been no incidents in the 5 years preceding November 2021. However, as this reflects a position prior to the installation of the development, it is not a strong argument in favour of the proposal. 29.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Taking all of the above together, I find that the proposed access arrangement and the attendant likelihood of heightened risk manoeuvres would lead to an increase in the potential for conflicts between highway users. It would result in moderate highway safety concerns and conflict with Policy BE5 of the UDP and Paragraphs 110 b) and 111 of the National Planning Policy Framework (the Framework) as they seek to avoid unacceptable effects on highway safety and provide safe access to new development. Biodiversity 30. At the time of my visit, the site was overgrown with grasses and pioneer scrub species. Overhanging trees were present close to the north-western boundary but lying outside of the site beyond a public right of way. An assessment of the ecological value of the site identifies that the development would cause a localised moderate negative impact to habitat biodiversity. This would arise from the substantial loss of the semi-improved grassland, herb and scrub areas. 31.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision The proposals include retention of an area to the northern end of the site which, alongside the residential amenity spaces and western verge, would be enhanced planted with species rich grassland as direct mitigation for the loss of the existing habitat. 32. In addition, the scheme shows the introduction of new trees and ornamental species aimed at attracting pollinators. A native mixed-species hedge would be planted along parts of the western boundary, that, in combination with the other measures and the existing nearby trees, is aimed at providing green linear connectivity. These measures, and proposals to facilitate bat roosting and bird nesting, whilst beneficial, would not directly mitigate the identified losses. 33. Accordingly, the appellant’s assessment of the compensatory measures concludes that there would be a low negative residual effect on the habitats on the site. Although Policy NE17 of the UDP advocates that such matters could be addressed through planning condition, there is little before me to demonstrate that such an approach would be capable of delivering the necessary level of https://www.gov.uk/planning-inspectorate 5

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/22/3294009 compensation to ensure a net gain of biodiversity, or that it could be suitably managed and retained in perpetuity to secure its benefits. 34. Accordingly, I find that the scheme fails to demonstrate that biodiversity would be conserved or enhanced on the site. It would thereby conflict with the requirements of Policy NE17 of the UDP and Paragraph 180 d) of the Framework as they seek to provide net gains for biodiversity. Other Matters 35. I note the concerns of third parties with respect to overlooking, and the noise arising from the use of the proposed internal road. However, the lower position of the proposed houses, offset orientation and intervening distance to properties bordering the site would ensure the level of overlooking would be no greater than that commonly experienced in residential settings. Against the background of the use of surrounding roads and residential properties, the limited use of a road set below the houses fronting New Hey Road and Quarry Court would not, in my view, be likely to cause a material harmful effect on nearby residents’ living conditions through excessive noise or disturbance. 36.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision In the absence of substantive evidence of land stability issues affecting existing retaining walls and terraces adjacent to the site, Paragraph 184 of the Framework confirms that the responsibility for securing a safe development rests with the developer and/or landowner. 37. Concerns in relation to effects of the construction phase of the development would be short-term. They would not therefore result in a persistent adverse effect on the living conditions of nearby residents. 38. I acknowledge the claims of a neighbour that materials are buried on site and that it is regularly used by wildlife. However, there is little substantive evidence to support those claims. I am therefore unable to attribute significant weight to those arguments. 39. I note the frustrations expressed by the appellant in relation to the level of communication from the Council leading up to this appeal. However, this is not a matter for this appeal which I have determined on its own merits. Planning Balance 40. There is no dispute that the Council is currently unable to demonstrate a 5- year housing land supply. According to the Council, this is limited to some 2 years supply and is therefore a significant shortfall.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Additionally, the recent delivery of housing has been below the Council’s housing delivery requirement. 41. Consequently, footnote 8 of the Framework applies which engages para 11 d). There are no policies in the Framework that protect areas or assets of particular importance and which provide a clear reason for refusing the development as set out in para 11d) i). Therefore, consideration must be had as to whether the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole (para 11 d) ii of the Framework). 42. As set out above, I have found harm to highway safety arising from the proximity of the access to a junction with the A643. Whilst this would be limited in the context of a small scale of development, it is nevertheless a https://www.gov.uk/planning-inspectorate 6

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/22/3294009 matter to which I attribute moderate weight. I have also found that there would be a minor net loss of biodiversity arising from the removal of much of the existing habitat on the site. Given the extent of harm, this is a matter to which I attribute more limited weight. 43. Despite that the proposal is for a small number of new dwellings, it would contribute to the significant shortfall of housing delivery identified across the Council area and the Government’s objective of significantly boosting the supply of homes. This would provide economic and social benefits in a sustainable location with reasonable access to services and facilities. This is a matter to which I attach considerable weight. 44. Having regard to all matters raised, I find that the degree of harm arising would not significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole. Accordingly, the tilted balance applies and, in accordance with Paragraph 11 d) planning permission should be granted. Conditions 45.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision I have considered the suggested conditions from the Council and had regard to Paragraph 56 of the Framework and the National Planning Practice Guidance in terms of the use of planning conditions. Some have been edited for precision and clarity. In addition to the standard condition limiting the lifespan of the planning permission, I have imposed a condition specifying the relevant drawings as this provides certainty. 46. Conditions requiring the specification and delivery of highway and access works, the provision of the parking and manoeuvring facilities, and the measures to prevent material being deposited on the highway during the construction phase are necessary in the interests of highway safety. The agreement of highway works specifications are of necessity pre-commencement measures to ensure safety improvements can be secured at or near the access to limit any adverse effects on highway safety. 47.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision In the interests of protecting the character and appearance of the locality and the living conditions of neighbouring residents, conditions requiring landscaping, window reveals, agreement of external materials, site levels, boundary treatments and the siting of the contractor’s compound and parking area are necessary and reasonable. 48. To ensure the site is suitably drained and avoid risk of flooding on the site, or elsewhere, conditions requiring a sustainable drainage scheme are necessary. 49. To achieve biodiversity net gain and protect wildlife interests, conditions requiring details and implementation of measures and a management regime to achieve net gain (including protection of nesting birds) are reasonable in the circumstances of the case. A requirement for electric vehicle charging points will encourage more sustainable forms of transport. 50. Conditions requiring further site investigation and remediation where appropriate are necessary to ensure the health and safety of prospective occupiers. These are of necessity pre-commencement as a preparatory phase of the development. https://www.gov.uk/planning-inspectorate 7

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/22/3294009 Conclusion 51. For the reasons given, I conclude that the appeal should succeed.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — R Hitchcock INSPECTOR Schedule of Conditions to Planning Permission Ref 21/00471/FUL 1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan PL201, Proposed Site Layout PL206 Rev E, 4 Bedroom House Type Typical Plans and Elevations PL150B, Typical Detached Garage Details PL207, Proposed Site Sections PL204 Rev B, and Proposed Pedestrian Refuge and Kerb Realignment at junction of Spout Hill with New Hey Road, Rastrick HDC 03 21 Rev A. 3) No development shall take place until details of the junction between the proposed access road and the highway, and the scheme of in-highway improvement works have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the junction and agreed works have been constructed in accordance with the approved details. 4) No development shall take place until details of the construction and specification for the access road have been submitted to and approved in writing by the Local Planning Authority.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — R Hitchcock The scheme shall include sections, lighting, provision for pedestrians, surface finishes and a durable large vehicle turning area. The scheme shall be completed in accordance with the approved details prior to the first occupation of any dwelling hereby approved and be retained thereafter. 5) No development shall take place until a scheme for the prevention of mud or other material being deposited onto the public highway, including full details of any equipment on the site used to clean the hardstanding areas, access, wheels and chassis of vehicles, equipment location and means of drainage, has been submitted to and approved in writing by the local planning authority. The permitted scheme shall be implemented on commencement of works. The scheme shall be updated where the local planning authority consider mud on the road to be a recurrent problem by the operator or their agents in liaison with and to the written approval of the local planning authority. The updated scheme shall be implemented within a timescale to be agreed. In the event of mud or other material being deposited onto the public highway, immediate https://www.gov.uk/planning-inspectorate 8

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — R Hitchcock Appeal Decision APP/A4710/W/22/3294009 remedial and preventative action shall be taken, including suspension of operations if necessary. 6) No development shall take place until an Ecological Design Strategy (EDS) to ensure that a biodiversity net gain is achieved post development is submitted to and approved in writing by the Local Planning Authority. It shall include the following: a) Detailed design(s) and/or working method(s) to achieve stated objectives. b) Biodiversity Net Gain (BNG) calculation using the Natural England BNG Bio- diversity Metric. c) Timetable for implementation e) Persons responsible for implementing the works. f) Details of initial aftercare and long-term monitoring and maintenance. g) A lighting design strategy for biodiversity. The EDS shall be implemented in accordance with the approved details and timetable, and all features shall be retained in that manner thereafter. 7) No development shall take place until a Phase II Intrusive Site Investigation Report has been submitted to and approved in writing by the Local Planning Authority.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — R Hitchcock Where site remediation is recommended in the Phase II Intrusive Site Investigation Report, development shall not commence until a Remediation Strategy has been submitted to and approved in writing by the local planning authority. Remediation of the site shall be carried out and completed in accordance with the Remediation Strategy so approved. In the event of contamination not previously considered being identified the local planning authority shall be notified of the extent of that unforeseen contamination and of the further works necessary to complete the remediation of the site. 8) Following completion of all remediation measures identified in Condition 7, 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 for the whole site have been completed in accordance with the approved Remediation Strategy and the Validation Report in respect of those remediation measures has been approved in writing by the local planning authority.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — R Hitchcock 9) Prior to the construction of any external walls, details of all materials to be used in the construction of the dwellings (including driveway materials) shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be constructed in accordance with the approved details and thereafter be retained. 10) No development shall take place until details of site levels (including cross- sections) have been submitted to and approved in writing by the Local Planning Authority. The details shall include existing and proposed levels and both longitudinal cross-sections (NE-SW) through Plots 1-4 and sections that show the proposed dwellings in relation to the existing properties on Sage Grove, Quarry Court and New Hey Road, proposed floor levels, levels of any paths, drives, garages and parking areas and the height and finish of any retaining walls within the development site. The development shall be constructed in accordance with the approved details. Continued…… https://www.gov.uk/planning-inspectorate 9

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — R Hitchcock Appeal Decision APP/A4710/W/22/3294009 11) The dwellings shall not be occupied until the off-street parking and manoeuvring facilities shown on the approved plans for that dwelling have been provided, surfaced, drained and made available for the occupiers of that dwelling. These facilities shall thereafter be retained. 12) In connection with the driveways hereby approved, there shall be installed in an appropriate location a suitable 3.7 Kw facility to permit the recharge of an electrical battery powered vehicle that may be used in connection with that dwelling. Unless otherwise required by the location, the installation(s) shall comply with IEE regulations and BSEN 62196-1 for a mode 3 system. 13) No development above ground level shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — R Hitchcock These details shall include: a) Details of hard surfacing materials; b) Planting plans to include schedules of plants, noting species, plant sizes and proposed numbers/densities; c) A management plan for the long-term management and maintenance of the landscaped areas (both public and private areas) to demonstrate the retention any hedgerows proposed within any final landscape scheme. All hard and soft landscape works shall be carried out in accordance with the approved details in the first planting season following first occupation of any of the dwellings hereby approved or in accordance with a programme agreed in writing with the local planning authority. 14) Prior to the construction of any site boundary, details of the height and material of any boundary shall be submitted to and approved in writing by the Local Planning Authority. The boundaries shall then be constructed in accordance with the approved details and retained thereafter.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — R Hitchcock 15) No drainage works shall begin until full details of the foul and/or surface water and/or sustainable systems of drainage if feasible and/or sub-soil drainage and external works for the development (taking into account flood risk on and off site and including details of any balancing works, off-site works, existing systems to be re-used, works on or near watercourses and diversions) have been submitted to and approved in writing by the Local Planning Authority. The details so approved shall be implemented prior to the first use of the development and retained thereafter. 16) The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge to be agreed in writing with the Local Planning Authority. 17) There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — R Hitchcock If discharge to public sewer is proposed, the information shall include, but not be exclusive to:- a) evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical; b) evidence of existing positive drainage to public sewer and the current points of connection; and c) the means of restricting the discharge to public sewer to the existing rate less a https://www.gov.uk/planning-inspectorate 10

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — R Hitchcock If discharge to public sewer is proposed, the information shall include, but not be exclusive to:- a) evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical; b) evidence of existing positive drainage to public sewer and the current points of connection; and c) the means of restricting the discharge to public sewer to the existing rate less a https://www.gov.uk/planning-inspectorate 10

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — R Hitchcock Appeal Decision APP/A4710/W/22/3294009 minimum 30 % reduction, based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change. 18) Prior to any above ground works commencing, large-scale details (minimum 1:50) of window reveals to the houses hereby approved (50mm minimum) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and thereafter be retained. 19) The dwellings shall not be occupied until written confirmation (including photographs) has been provided to the Local Planning Authority that the bio- diversity enhancement measures set out at Section 5.0 of the Ecological Impact Assessment by Whitcher Wildlife Ltd (Ref 211113/EcIA), dated 11 February 2022, have been installed as per the recommendations of the EcIA). Such measures shall thereafter be retained in perpetuity. 20) Any clearance work associated with the approved scheme shall be carried out outside of the bird nesting season which runs from March to September inclusive.

LAND WEST OF 3 QUARRY COURT, RASTRICK, BRIGHOUSE, HD6 3LP — Calderdale Metropolitan Borough Council — R Hitchcock If it is necessary for work to commence in the nesting season, then a pre-commencement inspection of the vegetation for active bird nests shall be carried out. If vegetation cannot be clearly seen to be clear of bird’s nests, then an experienced ecologist shall be called in to carry out the check. Only if there are no active nests present shall work be allowed to commence. 21) Notwithstanding the provisions of Part 4, Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, before construction works commence, details shall be submitted for the written approval of the Local Planning Authority in respect of the provision of a contractor’s compound and staff car parking area within the site. Such details shall include the provision of protective fencing to the boundaries of the construction site. The details so approved shall thereafter be implemented in advance of construction works commencing and shall be retained for the duration of construction works unless otherwise agreed in writing by the Local Planning Authority. END. https://www.gov.uk/planning-inspectorate 11