04 Eller Beck FAS Committee Report

NORTH YORKSHIRE COUNTY COUNCIL
PLANNING AND REGULATORY FUNCTIONS COMMITTEE
2 SEPTEMBER 2014
C5/63/2013/14200 - PLANNING APPLICATION ACCOMPANIED BY AN

ENVIRONMENTAL STATEMENT FOR THE PURPOSES OF THE
CONSTRUCTION OF A FLOOD STORAGE RESERVOIR ON ELLER BECK
INCLUDING A DAM WITH A CREST HEIGHT OF APPROXIMATELY 14 METRES,
A SPILLWAY TO THE EAST OF THE DAM, A STILLING BASIN, A CONTROL
STRUCTURE, MINOR DIVERSION OF ELLER BECK, A NEW ROAD JUNCTION
AND ACCESS ROAD FROM THE A65 AND LANDSCAPING AND HABITAT
CREATION ON LAND AT ELLER BECK TO THE SOUTH OF SKIPTON GOLF
COURSE, SKIPTON, NORTH YORKSHIRE ON BEHALF OF THE ENVIRONMENT
AGENCY (CRAVEN DISTRICT) (SKIPTON WEST, MID CRAVEN ELECTORAL
DIVISION)
Report of the Corporate Director – Business and Environmental Services
1.0 PURPOSE OF REPORT
1.1 To determine a planning application accompanied by an Environmental

Statement for the construction of a flood storage reservoir on Eller Beck
including a dam with a crest height of approximately 14 metres, a spillway to
the east of the dam, a stilling basin, a control structure, minor diversion of
Eller Beck, a new road junction and access road from the A65 and
landscaping and habitat creation on land at Eller Beck to the south of Skipton
Golf Course, Skipton, North Yorkshire on behalf of the Environment Agency.
1.2 The proposed development straddles the administrative boundary between

the Yorkshire Dales National Park Authority (YDNPA) and North Yorkshire
County Council (NYCC) as shown on the ‘Site Boundary Plan’ drawing ref.
EB_206 P0, dated 29/05/14 attached to this report. As such, identical
applications have been submitted to both Planning Authorities. This report and
any subsequent resolution by Members of the Committee, whilst making
reference to the development proposal as a whole, are made only insofar as it
lies under the jurisdiction of the County Council as County Planning Authority.
1.3 This application is subject to objections having been raised by the Board of
Skipton Golf Club (tenant), a member of the Golf Club sub-committee (tenant)
and the agricultural tenant on the grounds of overbearing impact upon the golf
course, the landscape impact, loss of part of the Golf course and agricultural
land, financial impact/loss of income, lack of mitigation and compensation and
the application is, therefore, reported to this Committee for determination.
NYCC – 2 September 2014 - P&RF Committee

Construction of Flood Storage Reservoir on Eller Beck/1
2.0 BACKGROUND
2.1 Skipton has experienced a significant degree of flooding, with major events
occurring in 1908, 1979, 1982, 2000, 2004 and 2007. Skipton is within the
Environment Agency’s Upper Aire Flood Risk Management Strategy. The
Strategy recommends investigating flood management measures on Eller
Beck, Waller Hill Beck and Ings Beck in order to protect Skipton from river
flooding. The Skipton Flood Alleviation Scheme has therefore been developed
to tackle the flooding issues in Skipton. Flow velocities in the watercourses
are high. Eller Beck flows through woodland just upstream of the town with
high potential for entrapment of woody debris. As a result of these factors,
flooding with a rapid onset is compounded by scour and culvert blockage
problems. The Skipton Flood Alleviation Scheme would result in a Skipton
having 1 in 100 year flood protection.
2.2 The Eller Beck Flood Storage Reservoir, the subject of this report, is just one
element of a wider Skipton Flood Alleviation scheme being developed by the
Environment Agency. The Skipton Flood Alleviation Scheme consists of three
separate elements:
1. Construction of a Flood Storage Reservoir on Eller Beck upstream of the

A65 (this planning application under consideration);
2. Construction of a Flood Storage Reservoir on Waller Hill Beck to the east

of Skipton (immediately north of A6069 Otley Road); and
3. Installation of flood walls at various locations within Skipton Town

Centre, including Ginnel Mews and Devonshire Place on Waller Hill Beck
and at Morrisons supermarket and Spindle Mills on Eller Beck.
2.3 The three parts of the scheme are intrinsically linked and the required level of
flood protection offered by the scheme is based on the construction of all
three components. However the three elements of the scheme fall into
different Local Planning Authorities administrative areas. The applications and
relevant determining Authorities are set out below:
1. The proposed Eller Beck Flood Storage Reservoir development

straddles the administrative boundary between the Yorkshire Dales
National Park Authority (YDNPA) and North Yorkshire County Council
(NYCC). As such, identical applications have been submitted to both
Planning Authorities. The YDNPA reported the application (ref.
C/26/765) to the Yorkshire Dales National Park Planning Committee on
12 August 2014 and members resolved to grant conditional approval for
the development.

2. The proposed Waller Hill Beck Flood Storage Reservoir development
falls wholly within the Craven District administrative area. Craven District
Council granted planning permission ref. 63/2013/14200 for the
development on 12 March 2014.
3. The proposed installation of flood walls at various locations within

Skipton Town Centre wholly falls within the Craven District administrative
area. Craven District Council granted planning permission ref.
63/2013/14200 for the development on 12 March 2014.
2.4 The three parts of the scheme are intrinsically linked and therefore a single
Environmental Statement and Flood Risk Assessment has been submitted for
all three elements of the Skipton Flood Alleviation Scheme.
2.5 In addition to the three elements comprising the Skipton Flood Alleviation
Scheme the Environment Agency proposes a borrow pit adjacent to the
Waller Hill Beck Flood Storage Reservoir (north of A6069 Otley Road) to
provide earth and clay for construction of the flood storage areas at Waller Hill
and Eller Beck. The proposed borrow pit site is wholly within the Craven
District area although the application for planning permission (ref.
NY/2013/0417/ENV) falls to be determined by North Yorkshire County Council
as Mineral Planning Authority.
Site Description
2.6 The proposed development is located at Skipton; an historic market town

situated in the upper Aire Valley on the southern edge of the Yorkshire Dales
National Park. The watercourses, which include Eller Beck and the Leeds-
Liverpool canal, contribute to the character of the town. The town is
surrounded by steep hills apart from to the south, which opens out into the
Aire Valley. At present there are 230 residential and 90 non-residential
properties at risk of flooding during a 1 in 100 year event.
2.7 The proposed site of the Eller Beck dam and storage reservoir is located to
the north of Skipton, approximately 150 metres north of the A65. The village of
Embsay is 750 metres to the north-east of the development site. The
proposed development site area is 17 hectares. The Skipton Golf Club and
Golf Course is located immediately to the west of the proposed development
site. To the north and east of the development site is agricultural land in use
for grazing. The proposed development site would directly affect land currently
used as the golf course (the south- eastern corner) and also land used for
grazing. The nearest road to the north is a minor road called Brackenley
Lane. The rail freight (mineral) line to Swinden Quarry runs to the north of the
proposed development site in a generally south-east to north-west direction.

2.8 The proposed site does partly fall within the Yorkshire Dales National Park.
The site does not fall within, or in close proximity to any other ‘sensitive areas’
(SSSI, SPA/SAC, RAMSAR, AONB) or Article 1(5) land (Conservation Area),
Listed Buildings or Scheduled Ancient Monuments. The North Pennine Moors
SPA/SAC and associated SSSI site is located over 1.7km from the proposed
work site at Eller Beck. The site is within the Eller Beck flood zones 2 and 3 as
identified by the Environment Agency. The development site would not directly
affect any Public Rights of Way in the area. The nearest PRoW (no.
05.37/2/1) is 600 metres to the west of the proposed development site. The
northern tip of the wood (subject to Tree Preservation Order) within the golf
course would be affected by the development.
2.9 The Agricultural Land Classification (ALC) of the land in and around the
proposed site is Grade 4 (poor quality agricultural land), and is predominantly
grassland. There is a Site of Importance for Nature Conservation (SINC - a
local, non-statutory designation) Castle Wood SINC located to the south of the
A65 approximately 150 metres from the proposed works area which is shown
on the Committee Plan attached to this report. The site is also located within
an internationally identified ‘Important Bird Area’ (Yorkshire Dales Moorlands).
2.10 The closest residential properties are on Brackenley Lane to the north of the
railway line including ‘Ellergill House’ which is approximately 200 metres from
the site and ‘Charlstone House’ and ‘The Cragg’ which are approximately 300
metres to the north-east of the proposed development site. The Skipton Golf
Club House is 250 metres to the west of the proposed development site.
2.11 A plan showing the application site is attached to this Report.
3.0 THE PROPOSAL
3.1 Planning permission is sought for the construction of a flood storage reservoir
on Eller Beck including a dam with a crest height of approximately 14 metres,
a spillway to the east of the dam, a stilling basin, a control structure, minor
diversion of Eller Beck, a new road junction and access road from the A65
and landscaping and habitat creation on land at Eller Beck to the south of
Skipton Golf Course, Skipton.
3.2 The proposed development comprises the following elements:
• Construction of an earth embankment dam with 1v:4h grassed side

slopes, a reinforced concrete spillway channel, a reinforced concrete
inlet to the culvert, which houses steel trash screens and a cast iron
penstock and a reinforced concrete culvert which passes through the
earth embankment dam and carries the flow of Eller Beck and the
realignment of Eller Beck;
• A new road junction at the A65 to allow vehicle access to the dam

• Installation of telemetry equipment (an automated remote river flow
sensor) (downstream of the dam to control the penstock; and
• Landscaping, including works to the golf course.
Earth embankment dam
3.3 The earth embankment dam structure would be aligned in a south-west to

north-east direction and would run across the river valley at the southern
extent of the golf course from the A65 road embankment to high ground next
to the railway line. The dam would be approximately 325 metres in length with
a crest width of 4 metres. Within the valley floor the dam would be 14 metres
above existing ground levels and the crest level would be 143.4m AOD. Both
the upstream and downstream slopes (1v:4h) would be grassed. The dam
would have an approximate volume of 95,000m3 of material and, at spillway
level, would provide storage for 433,000m3 of water.
Spillway Channel
3.4 The reinforced concrete spillway would be constructed on the eastern extent
of the dam and the structure would be orientated north west - south east to
meet Eller Beck. The spillway channel incorporated in the dam would be used
in the event that the reservoir’s storage capacity is exceeded and the channel
would allow the flow of water to be directed away from sensitive features.
Under normal flow conditions the spillway and stilling basin would not be in
operation. The spillway would comprise three elements: a labyrinth weir at the
upstream extent, a channel and a stilling basin.
3.5 The labyrinth weir would be a weir that has been folded in plan to reduce the
width of the structure. The weir would be 51.5 metres in length and 31.8
metres wide. The weir would be formed with reinforced concrete and shall be
2 metres high, with reinforced concrete walls (rendered or imprinted concrete)
upstream of the weir to retain the dam and the valley side as shown on the
‘Spillway Cross Sections’ drawing ref. EB_903 T1, dated 17/03/14.
3.6 Downstream of the weir, the water would be conveyed through a 31.8 metre
wide reinforced concrete channel which would taper to a width of 29.86
metres at the southern end. The maximum depth of the channel below ground
would be 2 metres. The top of the side walls of the channel would finish flush
to the ground and a timber post and rail fence installed to prevent trips or falls
into the spillway.
3.7 The stilling basin would be located at the downstream extent of the channel
and would dissipate the energy of the water in the spillway. This structure
shall be constructed using reinforced concrete and would be 29.86 metres
wide. The basin would incorporate baffle blocks to facilitate the dissipation of
energy and an area of grass covered erosion protection would be created at
the southern end of the spillway where it would meet Eller Beck.

Control Structure
3.8 The structure that controls the flow downstream would comprise an inlet
structure and culvert. The inlet structure would comprise a reinforced concrete
headwall with reinforced concrete wing walls. The headwall would house an
on-seated penstock which would be a large gate used to hold back water
which can be raised and lowered to alter the amount of water flowing through
the culvert. The penstock would restrict flows greater than 17m³/s from
passing downstream. Flood flows above 17m³/s would be restricted by a flow
control structure and flood waters shall be stored behind an earth dam at the
Eller Beck site. The penstock would remain fully open during normal
conditions to prevent premature flooding of the golf course and allow light to
penetrate the entrance of the culvert to facilitate fish passage. The penstock
would be controlled by flow monitoring equipment positioned downstream of
the A65 road embankment. There would be a kiosk at the right abutment crest
which allows further control of the penstock.
3.9 The inlet structure would incorporate galvanised steel trash screens (painted
black) and four working platforms to prevent catchment debris from damaging
the penstock equipment or blocking the culvert. Vehicular access would be
provided from the A65 to the inlet structure via a berm on the upstream face of
the dam.
3.10 The culvert is the enclosed manmade channel (reinforced concrete) which
would allow Eller Beck to flow through the dam under normal river flow
conditions. The culvert would be 91 metres in length and the cross sectional
dimensions would be 2.5 metres wide by 2.3 metres high. The invert of the
culvert shall contain 0.3 metre high baffles which would help retain
geomorphological materials and create a low flow channel to facilitate fish
passage.
Channel Diversion
3.11 Eller Beck would be diverted to pass through the control structure. The
gradient of the diversion would conform to the gradient of the watercourse as
a whole. The cross-sectional shape of the channel would allow
geomorphological features to be incorporated in the design. Backwaters
would be provided upstream and downstream of the dam. The section of
channel downstream of the dam would be engineered to prevent erosion
during high flows.

Access
3.12 There is currently no vehicular access to the site of the proposed Eller Beck
Flood Storage Reservoir. It is proposed that to allow access to the site a new
road junction would be constructed off the A65. The junction would be created
to the south of the right abutment of the dam. The junction would allow
permanent Environment Agency maintenance vehicles access to the dam and
lockable gates would be set back from the highway for security purposes. A 6
metre wide vehicular access route (1630m2) would be created from the
junction which would allow access to the inlet structure via a berm along the
upstream face of the dam. All access routes would be surfaced to be in
keeping with the local landscape.
3.13 The application details (Access Layout drawing) indicate that all vehicles
accessing the site shall be restricted to left-in, left-out vehicular movements
only, with no vehicles permitted to turn right-in or right-out of the site. This
would require the HGVs traveling to the site on the A65 westbound to pass
the newly formed access and turn at the roundabout and head eastbound to
enter the construction site with a left-turn. In addition the applicant proposes
that deliveries to the site are limited to off peak period (9:30 to 15:30).
Landscape works
3.14 Prior to the commencement of construction, site clearance works would be

completed including the felling of trees (130 mixed woodland trees). The site
would be landscaped in keeping with the local environment. The use of dry
stone walls (existing wall re-aligned) to screen the concrete spillway and
extensive planting of native trees and shrubs is proposed in the valley floor
adjacent to the dam for screening purposes and to create an otter corridor.
The existing footbridges that cross Eller Beck in the golf course would be
replaced where necessary so that they withstand flood events.
3.15 The landscape proposals were submitted as further information in April/May

2014 and are illustrated on the ‘Landscape Plan’ drawing ref. EB_902 T3,
dated 15/04/14 and the ‘Context Landscape Plan’ drawing ref. EB_902z T3,
dated 15/04/14. The proposals include replacement tree planting, particularly
focused around the new road junction with the A65 where trees are to be
removed. The area of tree replanting equates to approximately 5730m2 and
aim to screen views from the A65. In addition there would be native hedgerow
planting (1172m2), wet grassland (7575m2) and reinforced grass seed areas
(2290m2).

Golf course works
3.16 The proposed development site would affect the current golf course
arrangement. The further information submitted by the applicant in April/May
2014 illustrates the existing golf course layout within and adjacent to the
development site on the ‘Plan of Existing Golf Course’ drawing ref. EB_204
T2, dated 28/03/14. The footprint of the dam and the new access track would
affect the 16th green, part of the 16th fairway, the 17th tee and green and part
of the practice fairway. As a result, prior to the construction of the dam
structure, works would be completed for the temporary relocation of golf
course features to allow the Club to operate during the construction period.
3.17 The ‘Additional Land and Golf Course Provision’ drawing ref. EB_205,
attached to this report, illustrates the proposed provision of golf course,
including the construction of a new 16th green and the upgrade of an existing
practice hole to replace the 17th hole, which will be lost as a part of the
development. The works would all be within the extended red line application
boundary. The new 16th green is shown as Option 1 and Option 2 on the
drawing as the final detail is to be agreed with a golf course designer and the
preferred location to be approved under planning condition should permission
be granted. The applicant has confirmed that the landowner and the Golf Club
has been involved in the development of the golf course works and have
signed a joint statement highlighting that they are willing for further details to
be provided as a condition on the planning consent.
Construction
3.18 During construction, site access shall be from the A65 via the new road
junction. It is proposed that the main site compound is located at the Waller
Hill site and a smaller satellite compound would be located within the red line
boundary of the Eller Beck site. The main method of construction for the dam
would involve the use of earth working construction plant (e.g. excavators,
bulldozers and dumper trucks) to excavate and move earth to construct the
dam structure. The applicant states that the works would take approximately
22 months to complete from Summer 2014 to Spring 2016 (including a break
of approximately 4½ months to avoid adverse winter weather conditions). The
applicant states that initial estimates of the volume of construction traffic
associated with the works equate to a peak construction traffic volumes of 167
vehicles per day.

4.0 CONSULTATIONS
4.1 As required by the Town and Country Planning (Development Management

Procedure) (England) Order 2010 and the Town and Country Planning
(Environmental Impact Assessment) (England and Wales) Regulations 2011
formal consultation has been undertaken with the following bodies, agencies
and organisations. Formal consultation in respect of this application began on
8 January 2014. As required by the Regulations, notification of the Secretary
of State of the planning application was undertaken on 8 January 2014.
4.2 In accordance with Regulation 22 of the Town and County Planning

(Environmental Impact Assessment) (England and Wales) Regulations 2011
following the receipt of additional information relating to the Environmental
Statement (ES Addendums) the County Planning Authority undertook
reconsultation on 23 May 2014 with all bodies, agencies and organisations
that were originally consulted. The further information submitted by the
applicant to the County Planning Authority during the course of the application
comprised details relating to landscaping, golf course provision and ecological
mitigation, compensation and enhancement measures. In light of the above
further information the applicant also submitted an addendum to the
Environmental Statement and an amended ‘Site Location Plan’ drawing ref.
EB_101 with an extended red line application boundary to include an
additional 1.4ha of land for the proposed temporary 17th hole on the golf
course as shown on the ‘Additional Land and Golf Course Provision’ drawing
ref. EB_205.
4.3 The consultees responses summarised within this section of the report relate
to responses to the initial consultation on the planning application and
Environmental Statement and the subsequent re-consultation following the
receipt of additional information relating to the Environmental Statement.
4.4 Craven District Council (Planning) - on 20 February 2014 stated that

they have no objections to the proposed development but the Council’s Tree
Officer made the following comments on the proposed development in terms
of the impact on trees and biodiversity:
“The implementation of these works will necessitate the felling and

removal of a small area of TPO woodland where the reservoir wall and
access road will be constructed. There is a portion of TPO woodland
which extends into the site from the A65. These trees are mature and
prominent in the landscape particularly from the east bound
carriageway of the A65. A significant portion of the woodland to the
north has to be felled but the south portion up to the A65 will be
retained and continue to provide amenity from the road. Such tree
losses are only acceptable if the scheme is of high importance and
there is no other means or location for the scheme proposal. After
survey, no bat roost habitats were found in trees which showed
potential. As per report recommendation, bat boxes should be
provided.

These works are important to Skipton to prevent flooding. Whilst trees
will be lost, they can be mitigated by a conditioned replanting scheme
and the proposed BAP habitat creation on the golf course. All trees to
be retained, must be protected to BS 5837 (2012) through the
development process.
Table 9 of the Environmental Statement sets out the environmental

losses and proposes mitigation. All the mitigation shall be conditioned
to be implemented. 130 mature mixed woodland trees and beck habitat
will be lost but it is proposed to be mitigated by the creation of BAP
habitat within the golf course including the planting of at least 130 trees.
There will also be two hectares of BAP habitat upstream of the Waller
Beck scheme. Loss of other planted trees will be mitigated by a
planting scheme”.
4.4.1 On 18 June 2014, in response to consultation on the amended details/further

information, Craven District Council confirmed the Tree Officer is satisfied with
the proposals in the latest submitted landscape plan EB_902 T3, dated
15/04/14 and Craven District Council has no further comments to make on the
development.
4.5 Yorkshire Dales National Park Authority (YDNPA) - reported the

application (ref. C/26/765) to the Yorkshire Dales National Park Planning
Committee on 12 August 2014 and members resolved to grant conditional
approval for the development.
4.6 Environmental Health Officer (Craven) - on 8 January 2014 confirmed that

there are no known contaminated land implications regarding this application.
4.7 Skipton Town Council - has not commented on the application.
4.8 Embsay with Eastby Parish Council - has not commented on the
application.
4.9 Environment Agency - on 29 January 2014 confirmed they have no

objections to the proposed development.

information, the Environment Agency confirmed they have no further
comments to make.
4.10 Highway Authority - on 21 January 2014 confirmed no objections subject to

the inclusion of conditions to cover the construction of the new junction,
visibility splays, precautions to prevent the deposit of mud and debris on the
highway, on-site parking and material storage and the routing of construction
traffic.

4.11 NYCC Heritage – Ecology - on 27 January 2014 confirmed that there are no
significant concerns regarding the impacts of the proposals on the SINC. With
regard to protected species there are no records of great crested newt within
a 2km radius. The County Ecologist recommends precautionary pre-
commencement surveys for badgers, reptiles, water vole and crayfish. The
County Ecologist supports the outline mitigation proposals included in the ES
for otters, bats and white-clawed crayfish habitats.
4.11.1 The County Ecologist notes that the ES states that further details of mitigation
and compensatory measures will be provided in an Environmental Action Plan
(EAP) and Ecological and Landscape Strategy (ELS). The County Ecologist
states that given the scale of the impacts, particularly to habitats within and
adjacent to Eller Beck firm and detailed mitigation proposals (including further
information on locations, specifications and timings) should be provided
before the application is determined, to enable the Council to fully determine
the impacts of the scheme whether the adverse impacts of the scheme will be
fully mitigated and compensated for. Also, a landscape plan has been
provided which indicates the location of landscape planting and the broad
habitat types that would be created. The plan states that native species would
be utilised, although no species lists or seed mixes have been given and no
details of aftercare and longer-term management provided.

information, the County Ecologist confirmed that changes to the red line
boundary do not raise any additional issues from an ecological perspective.
The Environmental Statement Addendum which has been submitted (May
2014) found the additional area to be comprised of habitats of low ecological
value that were unlikely to support protected species.
4.11.3 The County Ecologist confirmed that the amended landscape plan (drawing
ref: EB_902 T3, dated 15/04/14) gives further details of the proposed
tree/shrub/native hedgerow planting and wet grassland that would be
established around the proposed reservoir. In addition species lists have now
been provided and these are acceptable from an ecological perspective.
4.11.4 In terms of off-site mitigation and enhancement, restoration of approximately

350m of riverine habitat at nearby Waller Hill Beck, has been proposed to
mitigate for the loss of the natural river channel habitat at Eller Beck.
According to the additional information provided by the applicant, these
proposed mitigation works have been consented as a part of the proposed
Waller Hill Beck Flood Storage Reservoir that has received planning approval
from Craven District Council (LPA ref: 63/2013/14200).

4.11.5 The County Ecologist highlighted that in the original consultation response, he
advised on the need for further information on aftercare and longer-term
management of the newly created habitats and this has not been provided for
either the habitat creation at Eller Beck or the proposed ecological
enhancement works at Waller Hill. The production of an Ecological and
Landscape Strategy (ELS) was proposed in the Environmental Statement,
however this does not appear to have been produced as yet. The County
Ecologist requested that at least outline details of aftercare and future
management should be provided pre-determination.
4.11.6 On 19 June 2014 the applicant provided details of the proposals for aftercare
and maintenance of the off-site mitigation. On 25 June 2014 the County
Ecologist confirmed that the proposed outline details of aftercare and habitat
management measures are broadly acceptable. The County Ecologist states
that full details should be provided in the Ecological and Landscape Strategy
(ELS) which, if planning permission is granted, should be secured by
condition.
4.12 NYCC Heritage - Landscape Team - responded on 28 February 2014 and

confirmed no objection to the principle of the development. The County
Principal Landscape Architect stated that on balance, the location of the dam,
reservoir and associated structures is relatively well enclosed by landform and
the benefits could outweigh the landscape and visual impacts.
4.12.1 The County Principal Landscape Architect states that “there would be visual
effects and direct effects on landscape fabric, with the spillway structure being
particularly alien to the setting. However the surrounding landscape is already
very modified by man, with some tolerance to additional change, and there is
some potential for further mitigation through an increase in tree planting in the
valley”.
4.12.2 The County Principal Landscape Architect highlighted that views from roads
have not been covered by the LVIA, and is concerned that any loss of
vegetation next to the A65 could open up direct, though fleeting, views
towards the dam and spillway.
4.12.3 The County Principal Landscape Architect recommends the treatment of the
reinforced concrete spillway with a recessive colour and textured surface to
reduce its visual impact. Similarly, surfacing of the access track with materials
with a recessive colour would reduce its impact although it would be mainly
seen from the golf course. The existing drystone wall to be moved forms part
of the National Park boundary, but the County Principal Landscape Architect
would support the rebuilding in the locations shown if this helps to screen and
integrate the spillway.

4.12.4 The County Principal Landscape Architect concludes that “the 14 m high
engineered landform would not be sympathetic to the former historic deer park
landscape or to the present day landscape of the valley with its recreational
and pastoral uses, but is set within a wider area that is already adversely
affected by engineered landforms, mineral extraction and other development.
In particular, it is close to the A65 which is on embankment as it crosses the
valley of the Eller Beck and this has already had a very adverse effect on
legibility of the natural and historic landscape. The proposed location appears
to be the best functionally, since the valley is most incised at this point, and
the least detrimental visually because of existing enclosure by landform and
planting”.
4.12.5 The County Principal Landscape Architect requested further landscape

mitigation and compensation measures.

information, the County Principal Landscape Architect confirmed that the
amended proposals have provided further details which are acceptable and
the County Principal Landscape Architect maintains the previous view which
is no objections to the proposal. The County Principal Landscape Architect
states “I accept that though the juxtaposed landforms will appear very
unnatural and awkward this will not be unduly obvious other than at close
quarters, while some of the effects can be mitigated by planting. The
proposed planting at the entrance to the access road off the A65 will be
helpful in closing a potential viewpoint over the scheme. I accept that the
proposed solution is the best functionally and that there is no better location. I
am pleased that alternative temporary and permanent replacement golf
course facilities will be provided to compensate for losses to dam
construction. I also note that most changes would result in no significant
changes to the predicted visual impact but this means that it has still not been
possible to alleviate the adverse effects on views from Skipton Golf Club and
Ellergill House. If these are a problem, off-site screen planting closer to the
viewpoints could improve matters”.
4.12.7 The County Principal Landscape Architect recommends that some further
information is provided and approved before work starts on site. The County
Principal Landscape Architect recommends that conditions are included
requiring details of protection to landscape areas, trees and other features to
be retained, to be approved and erected before construction work starts and
the approval of a soil management strategy before work starts on site to
ensure that the extent of disturbance to existing soils is minimised, and the
condition of soil to be re-spread is maintained. In addition a condition requiring
the submission of details of the surfacing of the access track is required (use
of a recessive colour would reduce visibility) and also in line with the County
Ecologists comments further details, at least in outline, of establishment,
maintenance and future management of planting and habitats should be
provided. The County Principal Landscape Architect also states that the
potential for off-site screen planting near sensitive viewpoints could be
followed up by the applicant if this is needed.

4.13 NYCC Heritage – Archaeology - support the proposals in the Environmental
Statement for a programme of archaeological mitigation recording to be
undertaken in response to the ground-disturbing works associated with the
development. This is in order to ensure that a detailed record is made of any
deposits/remains that will be disturbed. It is recommended a condition is
included on any planning permission granted to secure the implementation of
a scheme of archaeological mitigation recording.
4.13.1 On 30 May 2014, in response to consultation on the amended details/further

information, the County Archaeologist confirmed that the comments in the
original consultation response letter dated 30 January 2014 still stand.
4.14 Natural England - state that given the location and nature of the proposed
works there is not likely to be an adverse effect on statutorily protected sites
as a result of the proposal being carried out in strict accordance with the
methods described. Therefore, Natural England has no objections to the
development.
4.14.1 On 29 May 2014, in response to consultation on the amended details/further

information, Natural England confirmed that the advice provided in the
previous response dated 14 January 2014 applies equally to the amendments
although Natural England made no objection to the original proposal.
4.15 Yorkshire Water Services Limited - on 3 March 2014 stated that with regard
to water supply their records indicate there are some large diameter strategic
mains crossing Eller Beck, which is part of the redline boundary. Yorkshire
Water state that in this case, it appears that the pipes would not be affected
by the proposed works. Yorkshire Water recommend that prior to any
commencement on site, the exact line of the mains is determined on site
under Yorkshire Water Services supervision. Yorkshire Water would be able
to provide advice on how to protect the water mains from heavy loading which
could cross the pipes during construction works.

information, Yorkshire Water again highlighted that there are some large
diameter strategic mains crossing Eller Beck. Yorkshire Water highlight that
the water mains will be affected i.e. flood waters covering the mains.
Yorkshire Water recommend that before any works are carried out for the
dam, cross connections will need to be installed between the two mains
affected as a contingency plan to ensure Yorkshire Water can still supply
water in the case that one of the mains bursts when covered by flood waters.
Yorkshire Water have confirmed that meeting have been held with the
applicant and costing for the cross connections have been sent to the
applicant and once the payments have been received, the cross connections
can be installed.

4.16 English Heritage - welcomes in principle measures to protect Skipton’s
historic conservation area and its historic buildings from uncontrolled flooding
and wish to make general observations on the proposals. English Heritage
state “If your Council is minded to grant consent we recommend that it
ensures that appropriate evaluation and mitigation measures are taken with
regard to any archaeological and landscape features that will be lost or
concealed as a result of the proposals. We also recommend that your Council
ensures that appropriate screening is carried out to protect views out to the
north from the conservation area”.

information, confirmed that the previous comments apply.
4.17 NYCC Public Rights of Way Team - has not commented on the application.
4.18 Embsay and Bolton Abbey Steam Railway - has not commented on the
application.
4.19 Network Rail – on 24 February 2014 confirmed no objections in principle to

the development, however Network Rail did have concerns that insufficient
information had been provided for Network Rail to fully assess and
understand the implications of the project on Network Rail assets. The main
concerns were in relation to drainage, excavations, security of the boundary
and asset protection. Network Rail state drainage, excavations, security of the
mutual boundary and asset protection should be the subject of conditions, the
reasons for which can include the safety, operational needs and integrity of
the railway. For the other matters (encroachment and access to railway)
Network Rail stated that an informative could be attached to the decision
notice.
4.19.1 The agent responded to the concerns of Network Rail by email on 28

February 2014 and provided further information on each of the matters raised.

information, Network Rail confirmed that they have no further comments to
make on the additional information other than those returned in response to
the original application which still apply. The responses from Network Rail
were forwarded to the Yorkshire Dales National Park Planning Authority for
consideration.
4.20 Sport England- has not commented on the application.
4.21 NYCC Arboricultural Officer - responded on 28 May 2014 to confirm that

there are no comments or objections from an arboricultural viewpoint.
4.22 Yorkshire Wildlife Trust - is satisfied that the ecological surveys have been
carried out adequately and give a sufficiently detailed picture of the possible
impacts of the scheme. Yorkshire Wildlife Trust agreed with the comments
from the County Ecologist on the detail of the scheme and the need for more
information on mitigation for the loss of habitat.
information, the Yorkshire Wildlife Trust confirmed that they are happy with
the updated information subject to the need for an ecological management
plan for the aftercare of the site (as requested by the County Ecologist) and
the consideration of creating species rich grassland by including wildflowers in
the seed mix mentioned on plan EB 902 as it would greatly add to the value of
the new habitat.
4.22.2 On 19 June 2014 the applicant provided the details of the proposals for
aftercare and maintenance of the off-site mitigation. On 20 June 2014 the
Yorkshire Wildlife Trust made further comments to confirm that the proposals
for aftercare and maintenance of the off-site mitigation and enhancement
were acceptable.
4.23 NYCC Flood Management Officer - has not commented on the application.
4.24 Highway Agency - has confirmed that they have no interest in this section of
the highway (A65 “de-trunked”) and offer no objections to the development.
Notifications
4.25 Cllr Shelagh Marshall OBE - has been notified of the application by letter.
4.26 National Planning Casework Unit (Secretary of State) - has been notified
of the application by letter.
5.0 ADVERTISEMENT AND REPRESENTATIONS
5.1 This application has been advertised by means of a Site Notice posted at the
entrance to Skipton Golf Course on 14 January 2014 (responses to which
expired on 4 February 2014) and a Press Notice which appeared in the
Craven Herald on 15 January 2014.
5.2 In addition a total of 6 neighbour notification letters were sent to the following
properties on 8 January 2014: -
1. Skipton Golf Club, Short Lee Lane, Skipton

2. Ellergill House, Brackenley Lane, Embsay, Skipton
3. Charlstone House, Brackenley Lane, Embsay, Skipton
4. The Cragg, Brackenley Lane Embsay, Skipton
5. 57 Brackenley Lane, Embsay, Skipton
6. 55 Brackenley Lane, Embsay, Skipton

5.3 The County Planning Authority initially received a total of 4 objections in
January 2014 from the following parties: the land owner (Trustees for Roman
Catholic Purposes Registered); the Board of Skipton Golf Club (tenant); a
member of the Golf Club sub-committee (tenant); and the agricultural tenant.
However, as stated in paragraph 5.7 below, on 25 July 2014 the land owner
(Trustees for Roman Catholic Purposes Registered) confirmed “no objections”
to the application. The remaining objection letters acknowledge that, in
principle, they are supportive of the benefits of the Skipton Flood Alleviation
Scheme for local residents and business community. The main themes and
concerns contained within the objections are summarised below in no
particular order: -
Golf Club
• a significant area of land will be affected by the scheme;

• the development could potentially lead to Skipton Golf Club no longer
being able to sustain the viable membership levels and sufficient number
of paying visitors required to ensure its continued existence during or
after the construction of the dam;
• the earth embankment would have an overbearing impact on the most
aesthetically pleasing and environmentally sensitive area of the golf
course, which follows the natural path of Eller Beck;
• the main body of the 14 metre high embankment would run for
approximately 60 metres at a right angle across the current 16th fairway
and directly from tee to green of the 17th hole, effectively destroying two
of the best holes in what is regarded as the ‘signature’ beck side part of
the course;
• The 14 metre high dam will severely impact on daylight, overshadow
grassed areas and along with the extremely large concrete spillway,
appear totally out of character with the landscape, when viewed from the
course and the clubhouse, both of which are used extensively by
members of the local and wider community, attracted to the area by its
unique scenery and associated tranquillity;
• the course would need to be re-routed during the two years of
construction and during any time when the flood gate is closed, flooding
the 13th, 14th and 15th holes as they currently stand. The 17th hole
would be completely removed, the 16th hole shortened from a good par
5 to a poor par 4 with an eyesore of a forty foot embankment in front of it.
The view from the clubhouse down the eighteenth fairway to the 17th
green will equally be spoiled.
• the documents submitted by the applicant to the Planning Authorities do
not accurately reflect the outcome of discussions from pre-submission
consultation events;
• the applicants have been in discussion with the Club but there is no
agreed mitigation measures or compensation;
• work must start to build new holes before the work starts which means
the financial commitment many months before work starts. If this doesn't
happen the Club risks losing many members as no-one wants to play a
16 hole course which cannot be used for handicap purposes or be used
to play league matches; and
• the Planning Authorities should require the developer to make suitable
provision for the re-design of the golf course to a suitably high standard
to retain the club’s viability.
Agricultural Tenant
• the agricultural tenant would lose 2.75 hectares (6.79 acres) of land and
would be deprived of income from farming the land;
• the proposed spillway is 32 metres wide along its full length which is
excessive when compared with spillways on other reservoirs in the
locality;
• the dam, which would be used less than once in every 100 years, would
create a significant scar on the landscape;
• there are no details as to how construction will progress and what
accommodation works will be provided (if any) to secure continued use
of the unaffected agricultural land (3.17 hectares) to the south of the
railway;
• the scheme is proceeding with haste without due consideration being
given to the owners or occupiers directly affected; and
• the applicant should investigate alternative engineering solutions that
would not have such an overbearing requirement in terms of land used
and leave such a significant impact on the landscape, bearing in mind
the minimal use of the spillway designed.
5.4 The applicant responded to the agricultural tenant’s comments on 10

February 2014 with a technical explanation of the requirement for a spillway of
such proportions. No further comments were received.
5.5 In accordance with Regulation 22 of the Town and County Planning

(Environmental Impact Assessment) Regulations 2011 (EIA Regs 2011)
following the receipt of further environmental information relating to the
Environmental Statement (as listed in paragraph 4.2 of this report) the County
Planning Authority re-publicised the application by way of a Site Notice posted
on 23 May 2014 and a Press Notice which appeared in the Craven Herald on
5 June 2014. In addition the neighbours as listed in paragraph 5.2 of this
report and the objectors referred to in paragraph 5.3 were notified of the
further environmental information/amended documents in writing on 23 May
2014.
5.6 No further comments were received from any member of the public or objector
following the re-consultation period. However it should be noted that the
further information submitted by the applicant in April 2014 in respect of golf
course provision includes a signed joint statement between the applicant, the
land owner (Trustees for Roman Catholic Purposes Registered) and Skipton
Golf Club. The joint statements dated 16 April 2014 states that all three
parties have “engaged in dialogue to agree a series of measures with which
will adequately compensate the Trustees and their tenants, Skipton Colf Club
for, inter alia, the following matters:
• Disruption to the facility during the construction phase to include the
provision of new 16th green and 17th hole
• Compensation to mitigate the effects of the works both during and post
construction, including future flooding events.
These discussions are on-going and it is agreed that the Environment Agency
should invite the planning authorities to impose pre-commencement
conditions to ensure the necessary mitigation/compensatory measures are
submitted to the LPA for approval prior to the work commencing on golf club
land. Such details will be prepared in dialogue between the EA, the Trustees
and Skipton Golf Club.”
5.7 On 25 July 2014 an email from the agent (Stanton Mortimor Ltd) representing
the landowner (Trustees for Roman Catholic Purposes Registered) was
received. The email confirms that the Trustees of the Roman Catholic
Purposes Registered do not object to the development. The letter to NYCC
dated 3 January 2014 set out their initial concerns relating to the scheme but
the email dated 25 July 2014 states the following: “We have subsequently
been working with the Environment Agency (EA) to address those concerns
and have agreed appropriate future golf course provision. We have signed a
Joint Statement with the EA (dated 16th April 2014) where they agree to
compensate our clients and their tenants for their losses and where we agree
that a condition on the planning application in relation to future golf course
provision is appropriate. This would resolve our initial concerns regarding the
impact on the golf course”.
5.8 On 4 August 2014 the tenants (the Board of Skipton Golf Club; a member of
the Golf Club sub-committee; and the agricultural tenant) were notified of the
landowner’s withdrawal of their objection and invited to reconsider their
position on the proposed development. However, at the time of writing this
report, no other objections have been withdrawn.
6.0 PLANNING GUIDANCE AND POLICY
National Planning Policy

6.1 The policy relevant to the determination of this particular planning application
provided at the national level is contained within the National Planning Policy
Framework (NPPF) (published 27 March 2012).
National Planning Policy Framework (NPPF)

6.2 The National Planning Policy Framework (NPPF) sets out the Government’s
planning policies for England and how these are expected to be applied.
6.3 The overriding theme of Government policy in the NPPF is to apply a

presumption in favour of sustainable development. For decision-making this
means approving development proposals that accord with the development
plan without delay (if plans are up-to-date and consistent with the NPPF). The
Government has set down its intention with respect to sustainable
development stating its approach as “making the necessary decisions now to
realise our vision of stimulating economic growth and tackling the deficit,
maximising wellbeing and protecting our environment, without negatively
impacting on the ability of future generations to do the same”.
The Government defines sustainable development as that which fulfils the
following three roles:
• An economic role – development should contribute to building a strong,
responsive and competitive economy, by ensuring that sufficient land of
the right type is available in the right places and at the right time to
support growth and innovation;
• A social role – development supporting strong, vibrant and healthy
communities; and,
• An environmental role – development that contributes to protecting and
enhancing the natural, built and historic environment and as part of this,
helping to improve biodiversity, use natural resources prudently,
minimise waste and pollution and mitigate and adapt to climate change
including moving to a low carbon economy.
6.4 The NPPF advises that when making decisions, development proposals
should be approved that accord with the Development Plan and when the
Development Plan is absent, silent or relevant policies are out of date,
permission should be granted unless
• any adverse impacts of doing so would significantly and demonstrably
outweigh the benefits, when assessed against the policies in this
Framework taken as a whole; or
• specific policies in this framework indicate development should be
restricted.
6.5 This national policy seeks to ensure that there are positive improvements in
people’s quality of life including improving the conditions in which people live,
work, travel and take leisure.
6.6 Paragraph 28 within Section 3 (Supporting a prosperous rural economy) of the

NPPF states that planning policies should support economic growth in rural
areas in order to create jobs and prosperity by taking a positive approach to
sustainable new development. This, inter alia, includes the promotion of the
development and diversification of agricultural and other land-based rural
businesses.
6.7 Paragraph 58 within Section 7 (Requiring good design) of the NPPF identifies
6 objectives that planning policies and decisions should aim to ensure that
new developments:
• “function well and add to the overall quality of the area, not just for the
short term but over the lifetime of the development;
• establish a strong sense of place, using streetscapes and buildings to
create attractive and comfortable places to live, work and visit;
• optimise the potential of the site to accommodate development, create
and sustain an appropriate mix of uses (including incorporation of green
and other public space as part of developments) and support local
facilities and transport networks;
• respond to local character and history, and reflect the identity of local
surroundings and materials, while not preventing or discouraging
appropriate innovation;

• create safe and accessible environments where crime and disorder, and
the fear of crime, do not undermine quality of life or community cohesion;
and
• are visually attractive as a result of good architecture and appropriate
landscaping.”
6.8 Paragraph 73 with Section 8 of the NPPF (‘Promoting healthy communities’)

states “Access to high quality open spaces and opportunities for sport and
recreation can make an important contribution to the health and well-being of
communities. Planning policies should be based on robust and up– to-date
assessments of the needs for open space, sports and recreation facilities and
opportunities for new provision. The assessments should identify specific
needs and quantitative or qualitative deficits or surpluses of open space,
sports and recreational facilities in the local area. Information gained from the
assessments should be used to determine what open space, sports and
recreational provision is required”.
6.9 Paragraph 74 of the NPPF states “Existing open space, sports and
recreational buildings and land, including playing fields, should not be built on
unless:
• an assessment has been undertaken which has clearly shown the open
space, buildings or land to be surplus to requirements; or
• the loss resulting from the proposed development would be replaced by
equivalent or better provision in terms of quantity and quality in a suitable
location; or
• the development is for alternative sports and recreational provision, the
needs for which clearly outweigh the loss”.
6.10 within Section 10 of the NPPF (Meeting the challenge of climate change,
flooding and coastal change) The NPPF promotes the safeguarding of land
from development that is required for current and future flood management
and the use of some open land in rural areas to perform the function of flood
risk mitigation. Paragraph 103 of the NPPF states that when determining
planning applications, local planning authorities should ensure flood risk is not
increased elsewhere.
6.11 Within Section 11 of the NPPF it is clear that the effects (including cumulative
effects) of pollution on health, the natural environment or general amenity, and
the potential sensitivity of the area or proposed development to adverse
effects from pollution, should be taken into account.
6.12 Paragraph 109 within Section 11 (Conserving and enhancing the natural
environment) of the NPPF states that the planning system should contribute to
and enhance the natural and local environment by protecting and enhancing
valued landscapes, minimising impacts on biodiversity, preventing
development from contributing to or being adversely affected by unacceptable
levels of soil, air, water or noise pollution.

environment) of the NPPF sets out a number of principles for determining
planning applications which aims to conserve and enhance biodiversity.
Paragraph 118 states: “When determining planning applications, local
planning authorities should aim to conserve and enhance biodiversity by
applying the following principles (inter alia): if significant harm resulting from a
development cannot be avoided (through locating on an alternative site with
less harmful impacts), adequately mitigated, or, as a last resort, compensated
for, then planning permission should be refused”.
environment) of the NPPF states that to prevent unacceptable risks from
pollution, decisions should ensure that the development is appropriate for its
location. The effects (including cumulative effects) of pollution on health, the
natural environment or general amenity, and the potential sensitivity of the
area should be taken into account.
6.15 Section 12 of the NPPF provides the context for conserving and enhancing
the historic environment. Paragraph 128 within Section 12 (Conserving and
enhancing the historic environment) of the NPPF states that “Where a site on
which development is proposed includes or has the potential to include
heritage assets with archaeological interest, local planning authorities should
require developers to submit an appropriate desk-based assessment and,
where necessary, a field evaluation”.
6.16 Paragraph 134 within Section 12 of the NPPF states “Where a development
proposal will lead to less than substantial harm to the significance of a
designated heritage asset, this harm should be weighed against the public
benefits of the proposal, including securing its optimum viable use”.
6.17 Paragraph 135 within Section 12 of the NPPF states “The effect of an
application on the significance of a non-designated heritage asset should be
taken into account in determining the application. In weighing applications that
affect directly or indirectly non designated heritage assets, a balanced
judgement will be required having regard to the scale of any harm or loss and
the significance of the heritage asset”.
6.18 Paragraph 141 within Section 12 of the NPPF states “Local planning
authorities should make information about the significance of the historic
environment gathered as part of plan-making or development management
publicly accessible. They should also require developers to record and
advance understanding of the significance of any heritage assets to be lost
(wholly or in part) in a manner proportionate to their importance and the
impact, and to make this evidence (and any archive generated) publicly
accessible. However, the ability to record evidence of our past should not be a
factor in deciding whether such loss should be permitted”.

National Planning Practice Guidance (NPPG) (2014)
6.19 On 6 March 2014 the Department for Communities and Local Government
(DCLG) launched the national planning practice guidance web-based
resource. This was accompanied by a Written Ministerial Statement which
includes a list of the previous planning practice guidance documents
cancelled. The guidance relevant to the determination of this application is
contained within the following sections: -
- Climate Change
- Conserving and enhancing the historic environment
- Design
- Environmental Impact Assessment
- Flood Risk and Coastal Change
- Natural Environment
- Noise
- Open space, sports and recreation facilities, public rights of way and
local green space
- Use of Planning Conditions
- Water supply, wastewater and water quality
6.20 Whilst the NPPF is a significant material consideration, under Section 38(6) of
the Planning and Compulsory Purchase Act 2004, planning authorities
continue to be required to determine each planning application in accordance
with the planning policies that comprise the Development Plan unless material
considerations indicate otherwise. In this instance, therefore, the Development
Plan consists of the ‘saved’ policies of the Craven District Council (Outside the
Yorkshire Dales National Park) Local Plan (1999).
6.21 The NPPF states that for the purposes of decision-taking, the policies in the
Local Plan should not be considered out of date because they were adopted
prior to the publication of the NPPF. However, the policies contained within
the NPPF are material considerations which local planning authorities should
take into account from the day of its publication.
6.22 If, following the 12 month transitional period given to local planning authorities
to ensure compliance of their Local Plans with the NPPF, a new or amended
plan has not been adopted, due weight should be given to relevant policies in
existing plans according to their degree of consistency with the NPPF
(paragraph 215 of the NPPF). The closer the policies in the plan to the
policies in the NPPF the greater the weight that may be given.
6.23 Therefore, relevant policies within the NPPF have been set out above and
within the next section the relevant ‘saved’ policies from the Craven District
Council (Outside the Yorkshire Dales National Park) Local Plan (1999) are
outlined and the degree of consistency with the NPPF is considered.
Craven District Council (Outside the Yorkshire Dales National Park) Local
Plan (Adopted July 1999 and policies saved from 2007)

6.24 The ‘saved’ policies contained within the Craven District Council (Outside the
Yorkshire Dales National Park) Local Plan that are relevant to this proposal
include:
• Policy ENV1: Development in the Open Countryside

• Policy ENV2: Requirements for Development in the Open Countryside
• Policy ENV10: Protection of Trees and Woodlands
6.25 ‘Saved’ Policy ENV1 states that small scale development having a rural
character will only be permitted in the open countryside where it clearly
benefits the rural economy, helps to maintain or enhance landscape
character, is essential for the efficient operation of agriculture or forestry or is
essential to the needs of the rural community.
6.26 The policy goes on to state that large scale development in the open
countryside will only be permitted where it is demonstrated that there is an
overriding need for the proposal due to the requirements of the utility services,
transport, minerals supply or national security. The justification for the policy
advises that land outside development limits will be treated as open
countryside and new development outside towns and villages will only be
permitted if it can be justified in a rural locality and does not harm the local
environment. It is considered that this policy is in accordance with the
provisions of the NPPF, which looks to protect and enhance valued
landscapes, and aims to protect open countryside from inappropriate
development and should be given weight.
6.27 ‘Saved’ Policy ENV2 advises that development which is acceptable in

principle will only be permitted where it is compatible with the character of the
surrounding area, does not have an unacceptable impact on the landscape,
the design of the buildings and structures relate to the setting taking account
of public views and rural access roads can accommodate the traffic likely to
be generated. It is considered that this policy is in accordance with the
provisions of the NPPF, which looks to protect and enhance valued
landscapes, and aims to protect open countryside from inappropriate
development and should be given weight.
6.28 ‘Saved’ Policy ENV10 states that “In considering proposals for development,
the Council will seek to safeguard the following from harm or unjustifiable loss:
1. A tree or hedgerow protected by a preservation order; or
2. A tree within a Conservation Area; or
3. An area of recognised Ancient Woodland;
4. Any trees or tree belts which do or will, when mature, contribute
significantly to any of the following:
a) The landscape diversity
b) The setting of nearby existing or proposed buildings
c) A wildlife habitat
d) Visual amenity.
6.29 ‘Saved’ Policy ENV10 is considered to be compliant with the NPPF which
emphasizes both the protection and enhancement of valued landscapes.
7.0 PLANNING CONSIDERATIONS
7.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires
that all planning authorities must determine each planning application in
accordance with the planning policies that comprise the Development Plan
unless material considerations indicate otherwise. In light of the
abovementioned policies the main considerations in this instance are the
principle of the proposed development, the impact that the proposed
development may have on flood risk in the locality, the landscape and visual
impact, local amenity, the operation of the Golf Club, the local highway
network and nearby railway line, archaeology, and habitats and protected
species.
Principle of the development
7.2 The NPPF promotes the safeguarding of land from development that is
required for current and future flood management and the use of some open
land in rural areas to perform the function of flood risk mitigation. Having
regard to the national and local policy and guidance summarised above it is
considered that the principle of the proposal for a scheme to reduce flood risk
and deliver environmental improvements such as sediment control is
considered to be acceptable subject to the effect of the development upon the
local environment and wider landscape, highway safety and local amenity. It is
considered that the principle of the development would comply with the NPPF
aims in respect of flood risk management.
Flood Risk and Drainage
7.3 The construction of the flood storage reservoir would reduce flood risk to
properties downstream within Skipton for 1 in 100 year flood events.
Paragraph 103 of the NPPF states that “when determining planning
applications, local planning authorities should ensure flood risk is not
increased elsewhere”. The applicant acknowledges that as a consequence of
the reservoir solution during flood events, there would be temporary flooding
of the site (golf course and agricultural land) which has the potential to impact
on land use within the flood storage area. However, whilst the infrequent and
short-term flooding that is expected would temporarily compromise the
existing land use the impact would be negligible. When balanced against the
benefits for local residents and businesses within the town this is not
considered to be an unacceptable consequence of the proposed development
and thus complies with the aims of the NPPF.

Landscape and visual impact
7.4 The proposed dam would lie partially within the Yorkshire Dales National Park
and within an area of countryside in the Craven District outside of the National
Park. It is acknowledged that the purpose of the National Park is to conserve
and enhance the natural beauty, wildlife and cultural heritage of the National
Park unless there is an overriding need for the development and that any
harm can be mitigated. It should be noted that the YDNPA reported the
application (ref. C/26/765) to the Yorkshire Dales National Park Planning
Committee on 12 August 2014 and members resolved to grant conditional
approval for the development.
7.5 The applicant has confirmed that the design of the scheme has evolved and
previously consideration has been given to alternative schemes to achieve the
same flood protection. However, it is acknowledged that the location,
orientation and scale of the proposed dam is determined by engineering
requirements; however the use of landscaping and choice of materials can
reduce the visual impact of the scheme and make it blend into its environment
as much as possible.
7.6 The proposed development would result in the construction of significant

features within the landscape by virtue of the scale of the structures and they
would be visible from public vantage points within and into the National Park.
The structures would have clear visual affects on the landscape and are
described by the County Principal Landscape Architect as “being particularly
alien to the setting”. However the County Principal Landscape Architect does
concede that “the surrounding landscape is already very modified by man”
and has “some tolerance to additional change”. It is acknowledged the
proposed location is considered to be the best functionally, since the valley is
most incised in this location, and importantly it is considered to be the ‘least
detrimental visually because of existing enclosure by landform and planting’.
7.7 The 30 metre by 100 metre concrete spillway would be located on the
northern shoulder of dam and due to scale and appearance would have a
clear visual impact. The application includes a technical explanation as to why
a concrete structure is the only feasible option to withstand erosion caused by
overtopping events which means a grass spillway would not be appropriate.
The reinforced concrete spillway is the “safety valve” and would only be used
in major flood events and in comparison to a grass spillway it would not be
susceptible to the erosive forces (which could led to dam failure) and
considered by the applicant to be the safest means of conveying excess flood
waters over the dam.
7.8 The spillway would be located on the northern shoulder of dam due to more
favourable ground conditions in this area compared to the A65 side of the
dam. The applicant acknowledges that the concrete spillway would be the
more visually intrusive solution. As mitigation the applicant proposes the
planting of new trees and shrubs, the use of dry stone walling to screen the
spillway and grassing of both banks of the dam seek to reduce the visual
impact as much as possible.
7.9 There would be a retaining wall to the north of the spillway which would be
underwater if the water storage area is in use. The applicant states that it is
not possible to have a dry stone wall in this location, as the materials must be
able to be submerged in water when the storage area is full. As an alternative
it is proposed that the retaining wall is clad in a material that resembles a dry
stone wall (‘dry stone wall effect’ imprint on concrete liner finish) as shown on
the ‘Spillway Cross Sections’ drawing ref. EB_903 T1, dated 17/03/14.
7.10 In terms of the visual impact the spillway would be sunken into the ground,
and would be bound on the east by a fence and a dry stone wall. This would
give the impression that the edge of the spillway looks like a field boundary
when viewed from across the site. The applicant proposes to partially relocate
and rebuild the dry stonewall to accommodate the spillway as shown on the
‘Landscape Plan’ drawing ref. EB_902 T3, dated 15/04/14. The County
Principal Landscape Architect supports the rebuilding of the existing drystone
wall as it would help to screen and integrate the spillway. The majority of the
existing and realigned stonewall falls within the YDNPA administrative area
and the condition relating to hard and soft landscaping will ensure the wall is
rebuilt to the satisfaction of the Authority (see Condition no. 18).
7.11 The colour and surface finish of the spillway would be a recessive colour and
textured surface to reduce its visual impact. A new permanent vehicular
access route would allow access from the new junction with the A65 for
Environment Agency vehicles inspecting the dam. The applicant proposes
that the access route would be surfaced to be in keeping with the local
landscape. The options are understood to be either blacktop or crushed
limestone. If planning permission is granted a condition would be attached to
secure the prior approval of the surface treatment for the access road for
during the construction period (temporary surface) and for the permanent road
(see Condition no. 15).
7.12 The County Principal Landscape Architect highlighted that any loss of
vegetation next to the A65 could open up direct, though fleeting, views
towards the dam and spillway. There is some potential for further mitigation of
views of the site from public vantage points and the highway through an
increase in tree planting in the valley and the development periphery.
7.13 The further information submitted by the applicant in April 2014 includes
additional planting at the entrance to the access road off the A65 would help
screen the site from a potential viewpoint over the scheme. There would be
views from Skipton Golf Club and Ellergill House (in excess of 125 metres)
although within the application site there would be limited scope for further
planting to screen the large structures from those receptors.

7.14 It is noted that the land levels to the north and south of Eller Beck rise
relatively steeply; this effectively visually encloses the dam and the culvert
inlet structure. The position of the dam, which would be lower than all
surrounding land levels, would reduce quite considerably the overall
prominence of the dam. Furthermore the visual impact should be considered
in the context of the existing landscape which has been shaped by man in
terms of the managed land forming the Golf course, the Swinden Quarry
mineral rail line, the A65 and the town of Skipton further to the south. The dam
would be grassed and this would allow for visual integration with the
immediate manmade landscape.
7.15 The County Principal Landscape Architect has acknowledged that on balance,
the location of the dam, reservoir and associated spillway structure is
relatively well enclosed by landform and the benefits could outweigh the
landscape and visual impacts. The County Principal Landscape Architect
recommends that conditions are included requiring details of protection to
landscape areas, trees and other features to be retained, to be approved and
erected before construction work starts and the approval of a soil
management strategy before work starts on site to ensure that the extent of
disturbance to existing soils is minimised, and the condition of soil to be re-
spread is maintained (see Condition no’s. 9, 11 & 12).
7.16 It is considered that appropriate on site landscape screening could mitigate

the appearance of the dam and the applicant has agreed to a robust scheme
of hard and soft landscaping and material finishes aimed at mitigating the
visual impact of the proposals. These details, which include concentrated
planting around the spillway and culvert inlet as well as realignment of dry
stone walls, can be secured via planning condition prior to the
commencement of works to construct the dam (see Condition no’s. 18 & 19).
It is considered that the proposed structures can be accommodated within the
existing landscape and subject to landscaping to allow the structures to
assimilate with the surrounding landscape character it is considered that the
development complies with the NPPF and ‘saved’ Policies ENV1 and ENV2 of
the Craven District Council (Outside the Yorkshire Dales National Park) Local
Plan (1999).
Landscape Management and Aftercare
7.17 The implementation of the approved landscape scheme can be secured by

condition as can the protection of retained landscape features during
construction although there is a need to ensure that long-term landscape
management is secured to ensure the hard/soft landscaping is established
and maintained.

7.18 It is understood that the applicant would purchase the land necessary to carry
out the development which would be the operational land for the dam and
spillway. In addition the land to be purchased by the Environment Agency
includes the areas of proposed tree and shrub planting to screen the spillway,
the proposed wet grassland to be established adjacent to Eller Beck and the
native hedgerows at the foot of the dam at the south-west end. The land to be
subject to wider landscaping within the golf course will continue to be leased
to the Golf club by the landowner and it is understood that once the new holes
and greens have been established the Golf club would continue to have
control over the maintenance and aftercare of these areas so to allow the land
to dovetail with the existing golf course.
7.19 The current National Planning Practice Guidance (2014) does deal with when
conditions can be used in relation to land not under control of the applicant. It
states that “Such conditions should not be used where there are no prospects
at all of the action in question being performed within the time-limit imposed
by the permission”. The landscaping and aftercare management could be
secured by planning condition (see Condition no’s. 18 & 19). The applicant,
the Environment Agency, is a statutory undertaker and the Authority can be
confident that the actions in question (landscaping and subsequent
management and aftercare) would be completed by the applicant in the time-
limits imposed. Furthermore, the Environment Agency has compulsory
purchase powers which they could choose to exercise should it be needed so
to comply with conditions. The condition relating to the landscaping and
management scheme (see Condition no. 18) includes provision for the
applicant to include details of the maintenance and aftercare responsibilities of
individuals / groups charged with carrying out the scheme of maintenance. It
is considered that in this instance a condition to cover landscape management
and aftercare is a reasonable mechanism to secure compliance.
Local Amenity
7.20 The nearest residential property is ‘Ellergill House’, located on Brackenley

Lane to the north of the proposed development site. There are further
individual properties along Brackenley Lane going east towards Embsay, all of
which are separated from the application site by Swinden Quarry mineral rail
line. The main impacts of the proposal upon these properties would arise from
the scale of the development in terms of the dam being a significant man
made structure.
7.21 Eller Beck flows at more than 20 metres lower than the properties along
Brackenley Lane. It is considered that the separation distance between the
development site and the maximum 14 metre height of the dam above the
existing water course level, the dam would not result in any visually
overbearing or loss of outlook impacts upon these properties that would
impact on their amenity in a significant detrimental manner. The landscape
mitigation described in previous sections of this report, would help to soften
the visual impact of the development when viewed from the aforementioned
residential properties.

7.22 With regard to the concerns raised by the agricultural tenant it is noted that
the majority of land falls within the YDNPA area and objections were also
raised to the duplicate application for this development determined by
YDNPA. The landowner has confirmed there are no objections to the scheme
but nevertheless the applicant has provided the tenant with a technical
explanation of the requirement for a spillway of such proportions and it is
understood that negotiations have progressed. The visual impact of the
spillway is discussed on paragraphs 7.7-7.12 of this report and the impact of
the structure can be limited by fencing and tree planting.
7.23 The scale and duration of the construction project means that there are highly
likely to be indirect impacts upon residential properties in the wider site
vicinity. The impacts are assessed in the Environmental Statement and the
applicant proposes the submission of an Environmental Action Plan (EAP)
prior to the commencement of construction works at the site. The EAP would
set out a programme for the construction works and seek to control any
residual affects of the development, i.e. noise, dust, dirt, hours of operations.
It is acknowledged that the level of activity associated with the construction
period has the potential to impact on local amenity unless it is carefully
controlled. It is considered that by securing this EAP detail prior to the
commencement of construction works it will be possible to mitigate the key
impacts upon local residential amenity and in addition relevant conditions
imposed to mitigate against potential adverse impacts.
7.24 The EHO has raised no objections to the development and it is considered
prudent to include a condition to control the hours of working and hours for
accessing the site to only between 08:00 to 18:00 hours Monday to Friday,
08:00 hours to 13:00 on Saturdays to minimise disturbance to local residents
(see Condition no. 20). The dam construction is for a limited period and when
combined with the separation distances from nearby residential receptors and
the relatively steep valley sides and change in land levels which visually
enclose the development site, it is considered that the overall impact upon
local residential amenity would be negligible and any residual affects can be
controlled via planning condition and the development complies with the
NPPF.
Impact upon Golf Club
7.25 The proposed dam and spillway would be within the Golf Club and would
physically encroach upon the existing golf course arrangement. The footprint
of the dam and the new access track would affect the 16th green, part of the
16th fairway, the 17th tee and green and part of the practice fairway. The
application is subject to objections from one of its tenants, the Golf Club itself.

7.26 During the processing of the planning application discussions between the
applicant, landowner and the Golf club have been ongoing and the
submission of further information in April 2014 included proposals to redesign
part of the golf course so to accommodate the dam both during construction
and once the dam is in place. It is proposed that prior to the construction of
the dam structure, works would be completed for the temporary relocation of
golf course features to allow the Club to operate during the 22-month
construction period. The ‘Additional Land and Golf Course Provision’ drawing
ref. EB_205 illustrates the redesigned golf course with a new 16th green
(shortened 16th hole) and an upgrade to the existing practice hole to
temporarily replace the 17th hole, which will be lost as a part of the
development. The new 16th green is shown as Option 1 and Option 2 on the
drawing as the final detail is to be agreed with a golf course designer and the
preferred location to be approved under planning condition should permission
be granted (see Condition 16).
7.27 The County Planning Authority did not receive any direct representations from
the landowner or Golf club following re-consultation on the further information
but it is noted the documents submitted by the applicant includes a joint
statement signed by the landowner and the Golf Club which confirms that they
are willing for further details to be provided and approved under a condition on
any grant of planning permission.
7.28 Furthermore the Environment Agency confirmed that negotiations are ongoing
to compensate the Golf Club for any immediate financial loss such as subsidy
on fees (for operating Golf course with a reduced number of holes for 2 years)
and reimburse the Club the fees for lost members. It should be noted that the
negotiations on compensation are beyond planning control and should be
given very limited weight in considering the acceptability of the proposed
development.
7.29 On 16 June 2014 the applicant wrote to the County Planning Authority to
provide prior notification of the commencement of enabling works at Skipton
Golf Club to provide temporary replacement facilities for those which will be
lost during the construction of the scheme. The applicant states in the letter
that the early commencement of works will allow the facilities to be sufficiently
matured to be useable when construction works commence. The applicant
acknowledged in the letter that the enabling works, which are being
undertaken pre-determination of the application, are being completed at the
applicant’s own risk and should the application be refused the Golf course will
be reinstated to its existing condition.
7.30 On 25 July 2014 the landowner (Trustees for Roman Catholic Purposes
Registered) confirmed that they do not object to the development. The
landowner confirms that they have been working with the applicant to address
their initial concerns and have agreed appropriate future golf course provision

and agree that a condition on the planning application in relation to future golf
course provision is appropriate.
7.31 It is considered that the proposed development would have an adverse impact
upon the operation of the Skipton Golf Club which is a significant asset in
economic terms and is a valuable local recreational facility. The NPPF lends
support to the development of rural businesses and the protection of land
used for sport and recreation from development. Paragraph 74 of the NPPF
states that an exception to the policies restricting the development of open
space and land used for sport and recreation is if “the loss resulting from the
proposed development would be replaced by equivalent or better provision in
terms of quantity and quality in a suitable location”.
7.32 The applicant has designed the development so to minimise the impact upon
the Golf course and to allow for the provision of replacement holes and greens
within the course. The plans have been drawn up with the input of the
landowner and Golf club and the applicant is of the view that the proposal
would “provide alternative facilities of equivalent size, quality, accessibility,
usefulness and attractiveness, to replace those facilities on the golf course
which will be revised and removed as part of the Eller Beck Flood Storage
Reservoir”.
7.33 The golf course would not be wholly protected during the development and
there would be short-term adverse impacts both during construction and post
construction while the grass is re-established following construction of the
dam. In addition there is the possibility of short term flood events whereby
water would be held within the golf course. It is considered that in the long
term the presence of the dam would not have a significant adverse impact
upon the operation of the golf club. It is considered appropriate to include a
condition on any planning permission granted requiring the submission of the
detailed design of the revised golf course layout for approval by the County
Planning Authority. The condition shall be worded to require the submission of
details prior to the commencement of the construction of the dam structure
and include a requirement for the inclusion of a programme timetable for
construction to ensure the temporary provision can be in place prior to the
works to construct the dam commencing. The permanent provision can also
be secured via planning condition to ensure that at least equivalent provision
of recreation facility is made as part of the dam construction process (see
Condition no. 17). The need for the flood alleviation dam development
outweighs the temporary adverse impact upon the operation of the golf course
and subject to the incorporation of mitigation measures the development
would not conflict with the NPPF to an extent to refuse the application.
Highways (Traffic, access, routing, safety)
7.34 The proposed construction period would extend to two years and during this
time there would be the main HGV movements to and from the site. The
applicant states that initial estimates of the volume of construction traffic
associated with the works equate to a peak construction traffic volumes of 167
vehicles per day. If planning permission is granted for the proposed borrow pit
at Waller Hill the material used in the construction of the dam would be
transported by HGVs from the borrow pit via the A65 to the Eller Beck
construction site.
7.35 A new road junction would be constructed off the A65 to provide access to the
site. The junction would be created to the south of the right abutment of the
dam. This new junction access would be used during construction and as an
Environment Agency maintenance access following completion of the works.
The surface finish for the temporary (during construction) and permanent
access (post construction) would be secured by planning condition (see
Condition no. 15).
7.36 The application details (Access Layout drawing) indicate that all vehicles
accessing the site shall be restricted to left-in, left-out vehicular movements
only, with no vehicles permitted to turn right-in or right-out of the site. This
would require the HGVs traveling to the site on the A65 westbound to pass
the newly formed access and turn at the roundabout and head eastbound to
enter the construction site with a left-turn. The drawings illustrate vehicle
swept paths to confirm that safe ingress and egress can be achieved. In
addition the applicant proposes that deliveries to the site are limited to off
peak period (9:30 to 15:30).
7.37 The highways implications of the development are limited to the movement of
HGVs transporting materials from the nearby borrow pit (subject to grant of
planning permission) along the A65 to the Eller Beck site a distance of 2
miles. There are no objections to the development from the Highway Authority
subject to the inclusion of conditions to cover the construction of the new
junction, visibility splays, precautions to prevent the deposit of mud and debris
on the highway and on-site parking and material storage (see Condition no’s.
3-6). The Highways Authority had requested the inclusion of a condition to
cover HGV routing during construction although this would be neither
enforceable nor necessary in light of the aforementioned applicant’s transport
proposals. In addition the applicant proposes to submit final details of traffic
timings and movements as part of the Environmental Action Plan (EAP) and
this detail can be agreed under planning condition in consultation with the
Highway Authority (see Condition no. 14). It is considered that subject to the
provision of appropriate access points and standard highways conditions that
the traffic generated can be satisfactorily and safely accommodated by the
local highway network development in compliance with ‘saved’ Policy ENV2 of
the Craven District Council (Outside the Yorkshire Dales National Park) Local
Plan (1999).
Impact upon the Railway
7.38 The impact upon the railway is relevant to the acceptability of the proposed
development although it should be noted that the railway line, which runs to
the north of the proposed dam, falls within the YDNPA administrative area.
Network Rail initially raised concerns in relation to the proximity of the dam to
the railway and requested further information. The applicant has provided
further technical details to Network Rail and provided reassurances in respect
of the likelihood of flooding of the railway asset, settlement and slope stability
and groundwater conditions beneath the railway. It is understood that Network
Rail will be involved as the detailed design progresses post grant of planning
permission to ensure that any potential effects upon the operational railway
can be mitigated through the design process.
7.39 Network Rail have requested that drainage, excavations and security of the
mutual boundary be the subject of conditions together with informatives in
respect of other matters (such as consultation with the Asset Protection
Project Manager at least six weeks prior to works commencing) to be attached
to the decision notice issued by YDNPA. It is not possible to securely
requirements under other legislation via planning condition and therefore it is
anticipated that any permission granted by YDNPA would need to cover such
requirements as informatives.
7.40 There would be no physical encroachment of the proposed dam onto Network
Rail land but at its closest point the spillway would be constructed within 10
metres of the Network Rail boundary. It is considered that subject to
safeguards secured by informatives on the permission granted by YDNPA the
development would not affect the safety, operation or integrity of the
operational railway nor undermine or damage any railway land and structures.
Archaeology
7.41 There is potential for below ground archaeological features to be encountered

during the construction of the development. The County Archaeologist has
raised no objection to the development and is satisfied with the proposals for
archaeological mitigation recording to ensure that a detailed record is made of
any deposits/remains that will be disturbed. It is recommended that conditions
are included on any planning permission granted to secure the
implementation of a scheme of archaeological mitigation recording (see
Condition no’s. 7 & 8). The proposed works include provision for assessments
of the effect of the scheme on archaeological deposits at Eller Beck and the
development is considered to be in accordance with Section 12 of the NPPF.
Protected Species & Conservation
7.42 The development would give rise to potentially significant ecological impacts
which have been detailed within the Environmental Statement. The impacts
would arise from the culverting and straightening of Eller Beck, the removal of
woodland (130 trees) and scrub habitat and the construction of the dam. In
addition there is the Castle Wood Site of Importance for Nature Conservation
(SINC) downstream from the development site and possible effects have been
identified through increased sedimentation and pollution events.
7.43 The applicant states that pollution prevention and sediment management
guidelines will be adhered to and measures implemented (e.g. silt traps)
throughout the construction period in order to prevent adverse impacts to the
SINC. The County Ecologist has no objections to these proposals.

7.44 The proposed development has been designed to incorporate features to
support local flora and fauna. This includes otter fencing to direct them away
from the dam during flood events, culvert design to allow fish passage during
operation, replacement tree planting, scrub corridors to replace loss of otter
foraging habitats, an otter ledge, an artificial holt and off-site BAP habitat at
Waller Hill Beck. These mitigation measures would preserve the ecological
value of the Eller Beck whilst adapting habitats to accommodate the dam with
limited disturbance to existing species in the area.
7.45 The County Ecologist recommends precautionary pre-commencement

surveys for badgers, reptiles, water vole and crayfish. The County Ecologist
supports the outline mitigation proposals included in the Environmental
Statement for otters, bats and white-clawed crayfish habitats. The further
survey work would inform an overarching Ecological and Landscape Strategy
(ELS) which the applicant proposes to prepare at the detailed design stage of
the development, prior to the commencement of any construction works at the
site. The precautionary pre-commencement species surveys shall be secured
by condition (see Condition no. 10).
7.46 In addition to the ELS the applicant proposes a separate Environmental Action
Plan (EAP) which will also be prepared prior to construction commencing and
will include all Method Statements and measures required as part of the
mitigation outlined within the Environmental Statement. The EAP would
include method statements for all mitigation measures (largely preventative)
linked to the protection of species during the construction phase and would
also be informed by pre-commencement survey work.
7.47 The County Ecologist has acknowledged the proposed off-site mitigation and
enhancement, restoration of riverine habitat at nearby Waller Hill Beck to
mitigate for the loss of the natural river channel habitat at Eller Beck. The
County Ecologist has raised no objections to the proposals and has also
accepted the proposed aftercare and maintenance proposals for the off-site
mitigation. The County Ecologist states that full details of mitigation and
habitat creation should be provided in the proposed Ecological and
Landscape Strategy (ELS) referred to in the applicant’s Environmental
Statement, which, if planning permission is granted, should be secured by
condition (see Condition no. 13). It is considered that the development can be
carried out without any undue harm to protected species or habitats and
complies with the NPPF and ‘saved’ Policy ENV10 of the Craven District
Council (Outside the Yorkshire Dales National Park) Local Plan (1999).

8.0 CONCLUSION
8.1 It is acknowledged that there will be changes to the landscape character

within the area due to the additional manmade landforms proposed within the
Golf course and the adjoining agricultural land. However the position and
scale of the dam and spillway are largely determined by engineering
requirements and the proximity of the watercourse to Skipton. The applicant
has produced a design which incorporates proposals to limit the visual impact
of the development, these have included amendments to the spillway and a
robust landscape enhancement scheme. Therefore significant weight is
afforded to the benefits of the development in that it would reduce flood risk
and produce a landform which would not be significantly obtrusive within the
existing modified landscape. The proposals are considered to represent an
important development to reduce flood risk for the residents and businesses in
Skipton which would not cause significant adverse harm to the character or
appearance of the landscape of this part of the National Park.
8.2 The transport of materials by road is considered to be the only feasible means
to transport the construction materials to the site to secure the necessary
flood risk improvements. It is considered that the impacts can be adequately
managed and controlled by planning conditions and when balanced against
the long term benefits the scheme will provide in terms of a significant
reduction in flood risk to residents and businesses in Skipton on balance the
short term disruption to the Golf club, agricultural tenant and highway network
would not be sufficient to refuse the current planning application.
8.3 There are no material planning considerations to warrant the refusal of this
application for the construction of a flood storage reservoir on Eller Beck
including a dam with a crest height of approximately 14 metres, a spillway to
the east of the dam, a stilling basin, a control structure, minor diversion of
Eller Beck, a new road junction and access road from the A65 and
landscaping and habitat creation on land at Eller Beck to the south of Skipton
Golf Course, Skipton.
9.0 RECOMMENDATION
9.1 For the following reasons:

i) The development is in accordance with the ‘saved’ policies of the
Craven District Council (Outside the Yorkshire Dales National Park)
Local Plan (1999) and overall is consistent with the NPPF (2012);
ii) The proposal does not conflict with the abovementioned policies as it is
considered that the existing highway network is capable of handling the
volume of traffic generated by the development, the visual impact of the
proposed development can be mitigated through condition, the
environmental impacts of the proposed development can be controlled,
neighbouring residential properties will not be adversely affected and
there are no other material considerations indicating a refusal in the
public interest;
iii) The imposition of planning conditions will further limit the impact of the
development on the environment, residential amenity and the transport
network; and
iv) Having taken into account all the environmental information submitted
as part of this planning application, included within the Environmental
Statement and the further environmental information
That, PLANNING PERMISSION BE GRANTED subject to the following conditions:
Conditions
1. The development to which this permission relates must be implemented

no later than the expiration of three years from the date of this Decision
Notice.
2. The development hereby permitted shall be carried out in accordance

with the application details dated 16 December 2013 as amended by the
further information submitted in April and May 2014 and in accordance
with the approved documents and drawings as listed at the end of the
decision notice and the following conditions which at all times shall take
precedence.
3. There shall be no access or egress by any vehicles between the highway

and the application site (except for the purposes of constructing the initial
site access) until splays are provided giving clear visibility of 215 metres
measured along both channel lines of the major road A65 from a point
measured 2 metres down the centre line of the access road. The eye
height will be 1.05m and the object height shall be 1.05m. Once created,
these visibility areas shall be maintained clear of any obstruction and
retained for their intended purpose at all times.
4. There shall be no excavation or other groundworks, except for

investigative works, or the depositing of material on the site until the
access to the site has been set out and constructed in accordance with
the published Specification of the Highway Authority and the following
requirements:
(i) The details of the access shall have been approved in writing by the
County Planning Authority in consultation with the Highway Authority.
(ii)(a)The access shall be formed with 15 metre radius kerbs, to give a
minimum carriageway width of 7 metres, and that part of the access road
extending 11 metres into the site shall be constructed in accordance with
Standard Detail number E3 in bitmac or concrete.
(iii) Any gates or barriers shall be erected a minimum distance of 11 metres
back from the carriageway of the existing highway and shall not be able
to swing over the existing or proposed highway.
(iv) That part of the access extending 11 metres into the site from the
carriageway of the existing highway shall be at a gradient not exceeding
1:20.
(v) Provision to prevent surface water from the site discharging onto the
existing or proposed highway shall be constructed in accordance with
the approved details, and/or the specification of the Highway Authority
and maintained thereafter to prevent such discharges.
(vi) The final surfacing of any private access within 11 metres of the public
highway shall not contain any loose material that is capable of being
drawn on to the existing or proposed public highway.
5. There shall be no access or egress by any vehicles between the highway

and `the application site until details of the precautions to be taken to
prevent the deposit of mud, grit and dirt on public highways by vehicles
travelling to and from the site have been submitted to and approved in
writing by the County Planning Authority in consultation with the Highway
Authority. These facilities shall include the provision of wheel washing
facilities where considered necessary by the County Planning Authority in
consultation with the Highway Authority. These precautions shall be
made available before any excavation or depositing of material in
connection with the construction commences on the site and be kept
available and in full working order and used until such time as the County
Planning Authority in consultation with the Highway Authority agrees in
writing to their withdrawal.
6. There shall be no establishment of a site compound, site clearance,

demolition, excavation or depositing of material in connection with the
construction on the site until proposals have been submitted to and
approved in writing by the County Planning Authority for the provision of:
(i) on-site parking capable of accommodating all staff and sub-contractors

vehicles clear of the public highway
(ii) on-site materials storage area capable of accommodating all materials
required for the operation of the site.
The approved areas shall be kept available for their intended use at all times
that construction works are in operation. No vehicles associated with on-site
construction works shall be parked on the public highway or outside the
application site.
7. Prior to the commencement of development a Written Scheme of

Archaeological Investigation shall be submitted to and approved in writing by
the County Planning Authority. The scheme shall include an assessment of
significance and research questions; and:
a. The programme and methodology of site investigation and recording

b. Community involvement and/or outreach proposals
c. The programme for post investigation assessment
d. Provision to be made for analysis of the site investigation and recording
e. Provision to be made for publication and dissemination of the analysis and
records of the site investigation
f. Provision to be made for archive deposition of the analysis and records of
the site investigation
g. Nomination of a competent person or persons/organisation to undertake
the works set out within the Written Scheme of Investigation.
8. No development shall subsequently take place other than in accordance with

the Written Scheme of Investigation approved under Condition 7 and the
development shall not be brought into use until the site investigation and post
investigation assessment has been completed in accordance with the
programme set out in the approved Written Scheme of Investigation and the
provision made for analysis, publication and dissemination of results and
archive deposition has been secured.
9. Prior to the commencement of construction of the dam structure details of

protection measures for landscape areas, trees and other features to be
retained shall be submitted to and approved in writing by the County Planning
Authority. The tree protection measures shall be in accordance with BS5837-
2012 ‘Trees in relation to construction’ and be provided for retained trees
adjacent to the development site prior to the development hereby approved
being commenced and shall thereafter be retained throughout the lifetime of
the construction works. During construction there shall be no parking of
vehicles, siting of compounds or materials stored within the vicinity of any of
the retained mature trees or hedgerows adjacent to the application site. The
development shall then proceed only in strict accordance with the approved
details.
10. Prior to the commencement of construction of the dam structure surveys for
badgers, reptiles, water vole and crayfish shall be completed to ensure that
any presence can be taken into consideration in line with the relevant
legislation. These surveys must be undertaken at the appropriate time of year
by a suitably qualified ecologist and a report detailing changes in the status of
these species and any additional mitigation measures that may be required
shall be submitted to the County Planning Authority for written approval.
11. Prior to the commencement of construction of the dam structure a detailed soil
management strategy shall be submitted to and approved in writing by the
County Planning Authority. The development shall then proceed only in strict
accordance with the approved scheme.
12. All soils excavated to allow for the construction of the dam shall be retained in
stockpiles within the application site and shall be used during the
reinstatement of the surface of the land. Topsoil and subsoil shall be stored
separately.
13. Prior to the commencement of construction of the dam structure hereby

approved a detailed Ecological and Landscape Strategy (ELS) and aftercare
and maintenance programme shall be submitted to and approved in writing by
the County Planning Authority. The development shall then proceed only in
strict accordance with the approved Strategy.
14. Prior to the commencement of construction of the dam structure hereby

approved a detailed Environmental Action Plan (EAP) and maintenance
programme shall be submitted to and approved in writing by the County
Planning Authority. The development shall then proceed only in strict
accordance with the approved Plan.
15. Prior to the commencement of construction of the dam structure details of the
width, position and surfacing of the access track (for both temporary and
permanent tracks) including the construction materials and colour finish shall
be submitted to and approved in writing by the County Planning Authority. The
development shall then proceed only in strict accordance with the approved
details. Such details shall include a programme and timetable for the
construction of the permanent track. The development shall then be carried
out only in strict accordance with the approved details and retained as such
thereafter.
16. Prior to the commencement of construction of the dam structure details of the
temporary replacement 16th Green and 17th Hole of the Skipton Golf Course
shall be submitted to and approved in writing by the County Planning
Authority. Such details shall include a programme for the construction of the
16th Green and 17th Hole. The development shall then be carried out only in
strict accordance with the approved details.
17. The temporary replacement 16th Green and 17th Hole shall be retained until
the permanent alternative provision is provided as part of the Eller Beck Flood
Alleviation Scheme. Details of the replacement facility shall first be submitted
to and approved in writing by the County Planning Authority.
18. Prior to the commencement of construction of the dam structure a landscaping

and management scheme to screen the development and provide
environmental enhancement shall be submitted to and be approved by the
County Planning Authority. The scheme shall include:
i) All existing trees, hedgerows and other plants, walls, fences and other
features which it is proposed to retain on the site the subject of this
permission and on adjoining land in the same ownership;
ii) The area(s) whether within or adjoining the site to which this permission
relates in which new plantings of native trees and/or native shrubs will
take place, the species of plant(s) to be used, their size, their number,
their spacing and the means to be used to maintain, support and protect
them;
iii) Other landscape treatments to be carried out or features to be created,
for example, remodelling of existing landforms, surface treatments (i.e:
paving), means of enclosure;
iv) A time table for implementing all landscaping and environmental
enhancement works;
v) A scheme of maintenance and after care to cover the first 5 years after
the date of first planting; and
vi) Details of the maintenance and aftercare responsibilities of individuals /
groups charged with carrying out the scheme of maintenance.
The landscaping and management scheme shall be implemented in

accordance with the approved details shall be retained as such thereafter.
19. The approved landscaping and management scheme shall be completed in

accordance with the following;
i) All hard and soft landscaping shall be completed in accordance with the
approved scheme, within the first planting season following the
completion of the development hereby approved, prior to the
development being brought into use, or in accordance with a programme
agreed with the County Planning Authority;
ii) All trees shrubs and hedge plants supplied shall comply with the
standards of British Standard 3936 - Specification for Nursery Stock. All
pre-planting site preparation, planting and post-planting maintenance
shall be carried out in accordance with the requirements of British
Standard 4428 (1989) Code of Practice for General Landscape
Operations;
iii) All new tree plantings shall be positioned in accordance with the
requirements of Table 2 of British Standard 5837 A Guide for Trees in
Relation to Construction;
iv) Any trees, shrubs or hedges planted in accordance with this condition
which are removed, die, become severely damaged or seriously
diseased within 5 years of planting shall be replaced within the next
planting season by trees, shrubs or hedging plants of like size and
species to those originally required to be planted.
20. During construction vehicular movement of materials or equipment and plant

to, on or within the application site shall only take place between 0800 and
1800 hours Mondays to Fridays and between 0800 and 1300 hours on
Saturdays and not at all on Sundays or Bank Holidays. The applicant shall
make provision for notifying in writing the County Planning Authority and
neighbouring residents 14 days in advance of any working within the
application site outside these hours.
Reasons
1. To comply with Section 91 of Town and Country Planning Act 1990 as

amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. To ensure that the development is carried out in accordance with the

approved application details.
3 & 4 To ensure a satisfactory means of access to the site from the public highway
in the interests of vehicle and pedestrian safety and convenience.
5. To ensure that no mud or other debris is deposited on the carriageway in the
interests of highway safety.
6. To provide for appropriate on-site vehicle parking and storage facilities, in the
interests of highway safety and the general amenity of the area.
7 & 8. The site is of archaeological interest.
9. To protect retained trees and hedgerows.
10. In the interests of protecting and enhancing the ecological value of the site.
11. To minimised disturbance to existing soils.
12. To protect soil resources.
13. To minimised disturbance to existing soils.
14. In the interests of protecting and enhancing the landscape character of the
area.
15. In the interests of visual amenity.
16 & 17.To ensure the protection of the golf course facility.
18. To ensure that provision is made for a landscaping regime that will enhance
the development.
19. To ensure appropriate landscaping to the site.
20. To ensure the rights of control of the County Planning Authority in the interests
of amenity.
Informatives
Highways Works
(1) The applicant is advised that a separate licence will be required from
the Highway Authority in order to allow any works in the adopted
highway to be carried out. The ‘Specification for Housing and Industrial
Estate Roads and Private Street Works’ published by North Yorkshire
County Council, the Highway Authority, is available at the County
Council’s offices. The local office of the Highway Authority will also
provide the detailed constructional specification referred to in Condition
3.
Yorkshire Water Assets

(2) The exact line of the water mains in the area should be determined on
site under Yorkshire Water Services supervision. Yorkshire Water will
be able to provide advice on how to protect the water mains from
heavy loading which could cross the pipes during construction works.
For further information and advice, the Distribution Asset Manager
should be contacted at the following address: The Water Business Unit
(Distribution Assets West), Buttershaw Depot, Western Way, Halifax
Road, Bradford BD6 2LZ.
Statement of Compliance with Article 31 of the Town and Country

Development Management Procedure Order 2012
In determining this planning application, the County Planning Authority has worked
with the applicant adopting a positive and proactive manner. The County Council
offers the opportunity for pre-application discussion on applications and the applicant,
in this case, chose to take up this service. Proposals are assessed against the
National Planning Policy Framework, Replacement Local Plan policies and
Supplementary Planning Documents, which have been subject to proactive publicity
and consultation prior to their adoption and are referred to in the reason for approval.
the course of the determination of this application, the applicant has been informed of
the existence of all consultation responses and representations made in a timely
manner which provided the applicant/agent with the opportunity to respond to any
matters raised. The County Planning Authority has sought solutions to problems
arising by liaising with consultees, considering other representations received and
liaising with the applicant as necessary. Where appropriate, changes to the proposal
were sought when the statutory determination timescale allowed.
D BOWE
Corporate Director, Business and Environmental Services
Background Documents to this Report:
1. Planning Application Ref Number: C5/63/2013/14200 (NYCC ref no

NY/2013/0407/ENV) registered as valid on 18 December 2013. Application
documents can be found on the County Council's Online Planning Register by
using the following web link:
https://onlineplanningregister.northyorks.gov.uk/register/
2. Consultation responses received.
3. Representations received.
Author of report: Alan Goforth

Committee Plan 1

Committee Plan 2

Site Boundary Plan

Site Location Plan

Spillway Cross Sections



Access Layout

Access Layout

Access Layout

Landscape Plan

Plan of Existing Golf Course

Plan of Additional Land and Golf Course Provision


04 Eller Beck FAS Committee Report

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NORTH YORKSHIRE COUNTY COUNCIL

PLANNING AND REGULATORY FUNCTIONS COMMITTEE

C5/63/2013/14200 - PLANNING APPLICATION ACCOMPANIED BY AN

Report of the Corporate Director – Business and Environmental Services

1.0 PURPOSE OF REPORT

1.1 To determine a planning application accompanied by an Environmental

1.2 The proposed development straddles the administrative boundary between

NYCC – 2 September 2014 - P&RF Committee

1. Construction of a Flood Storage Reservoir on Eller Beck upstream of the

2. Construction of a Flood Storage Reservoir on Waller Hill Beck to the east

3. Installation of flood walls at various locations within Skipton Town

1. The proposed Eller Beck Flood Storage Reservoir development

NYCC – 2 September 2014 - P&RF Committee

3. The proposed installation of flood walls at various locations within

2.6 The proposed development is located at Skipton; an historic market town

NYCC – 2 September 2014 - P&RF Committee

2.11 A plan showing the application site is attached to this Report.

3.0 THE PROPOSAL

3.2 The proposed development comprises the following elements:

• Construction of an earth embankment dam with 1v:4h grassed side

NYCC – 2 September 2014 - P&RF Committee

• Landscaping, including works to the golf course.

Earth embankment dam

3.3 The earth embankment dam structure would be aligned in a south-west to

NYCC – 2 September 2014 - P&RF Committee

NYCC – 2 September 2014 - P&RF Committee

3.14 Prior to the commencement of construction, site clearance works would be

3.15 The landscape proposals were submitted as further information in April/May

NYCC – 2 September 2014 - P&RF Committee

NYCC – 2 September 2014 - P&RF Committee

4.1 As required by the Town and Country Planning (Development Management

4.2 In accordance with Regulation 22 of the Town and County Planning

4.4 Craven District Council (Planning) - on 20 February 2014 stated that

“The implementation of these works will necessitate the felling and

NYCC – 2 September 2014 - P&RF Committee

Table 9 of the Environmental Statement sets out the environmental

4.4.1 On 18 June 2014, in response to consultation on the amended details/further

4.5 Yorkshire Dales National Park Authority (YDNPA) - reported the

4.6 Environmental Health Officer (Craven) - on 8 January 2014 confirmed that

4.7 Skipton Town Council - has not commented on the application.

4.9 Environment Agency - on 29 January 2014 confirmed they have no

4.9.1 On 13 June 2014, in response to consultation on the amended details/further

4.10 Highway Authority - on 21 January 2014 confirmed no objections subject to

NYCC – 2 September 2014 - P&RF Committee

4.11.2 On 4 June 2014, in response to consultation on the amended details/further

4.11.4 In terms of off-site mitigation and enhancement, restoration of approximately

NYCC – 2 September 2014 - P&RF Committee

4.12 NYCC Heritage - Landscape Team - responded on 28 February 2014 and

NYCC – 2 September 2014 - P&RF Committee

4.12.5 The County Principal Landscape Architect requested further landscape

4.12.6 On 5 June 2014, in response to consultation on the amended details/further

NYCC – 2 September 2014 - P&RF Committee

4.13.1 On 30 May 2014, in response to consultation on the amended details/further

4.14.1 On 29 May 2014, in response to consultation on the amended details/further

4.15.1 On 27 June 2014, in response to consultation on the amended details/further

NYCC – 2 September 2014 - P&RF Committee

4.16.1 On 4 June 2014, in response to consultation on the amended details/further

4.19 Network Rail – on 24 February 2014 confirmed no objections in principle to

4.19.1 The agent responded to the concerns of Network Rail by email on 28

4.19.2 On 2 June 2014, in response to consultation on the amended details/further

4.20 Sport England- has not commented on the application.

4.21 NYCC Arboricultural Officer - responded on 28 May 2014 to confirm that

5.0 ADVERTISEMENT AND REPRESENTATIONS

1. Skipton Golf Club, Short Lee Lane, Skipton