Agenda and minutes

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were asked to declare, at this point in the meeting, any personal interests, not included on the Register of Interests, or any prejudicial or disclosable pecuniary interests they may have in respect of business on the agenda. There were no declarations of interest.

To approve and sign the minutes of the last meeting of the Planning Committee held on [Date].

Resolved:  That the minutes of the meeting held on 11 July 2018 be approved and then signed by the chair as a correct record.

It is at this point in the meeting that members of the public who have registered their wish to speak can do so. The deadline for registering is by 5:00pm on Wednesday 12 September 2018. Members of the public can speak on specific planning applications or on other agenda items or matters within the remit of the Committee.

To register, please contact the Democracy Officer for the meeting on the details at the foot of this agenda.

Filming or Recording Meetings

Please note that, subject to available resources, this meeting will be filmed and webcast, or recorded, including any registered public speakers who have given their permission. This broadcast can be viewed at http://www.york.gov.uk/webcasts.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting e.g. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at http://www.york.gov.uk/download/downloads/id/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809.pdf

It was reported that there had been no registrations to speak at the meeting under the Council’s Public Participation Scheme on general matters within the remit of the Planning Committee.

This item invites Members to determine the following planning applications:

Members considered a schedule of reports of the Assistant Director, Planning and Public Protection, relating to the following planning applications, outlining the proposals and relevant policy considerations and setting out the views of consultees and officers.

Use of agricultural land for siting of 2 glamping cabins (resubmission) [Wheldrake Ward]

Members considered a full application from Anna Hopwood for the use of agricultural land for the siting of two glamping cabins (resubmission).

The Head of Development Services gave an update, advising that paragraph 4.9 of the Committee Report referred to paragraph 145 of the NPPF which stated that the construction of certain new buildings was not inappropriate in the Green Belt. This included the provision of appropriate facilities (in connection with the existing use of land or a change of use) for outdoor sport or outdoor recreation, providing the facilities preserved the openness of the Green Belt and did not conflict with the purposes of including land within it. As a point of clarification, Officers considered that even if the proposal were to be considered appropriate facilities for outdoor recreation, the proposal would still not fall within the forms of development considered not inappropriate within paragraph 145 of the NPPF as a result of the identified impact on openness as detailed within the committee report. The Head of Development Services clarified that this did not alter the officer recommendation and she noted the amended reason for refusal.

Anna Hopwood, the Applicant, spoke in support of the application. She noted the application had reduced to two cabins which would be non permanent leisure buildings with the car parking located in a different area. She explained that because of the overhead power lines the cabins could not located on a different part of the site. She outlined the size of the cabins noting that they would make minimal visual impact and would be constructed from sustainably sourced materials. She stated that there had been no objections to the application and there had been support from local businesses. She noted the financial pressures which had led to the need for diversification.

Anna Hopwood was asked and confirmed that there had been no discussions with officers regarding changing the cladding on the cabins and she added that they would age and look the same as the other buildings on the farm in time.

In response to Member questions, Officers confirmed that:

·        If the application was for caravans this would not be allowed.

·        Building and landscaping would have a detrimental impact on the openness of the site.

Following debate it was:

Resolved: That the application be refused.

Reasons:

                     i.        The site lies within the general extent of the Green Belt as identified in the RSS to which S38 of the 1990 Act applies. The proposal is therefore assessed against the restrictive policies in the NPPF relating to protecting the Green Belt.

                    ii.        The NPPF indicates that very special circumstances cannot exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm caused by the proposal, is clearly outweighed by other considerations. In this case, the proposal conflicts with one of the five purposes of including land within the Green Belt and has significant impact on the openness of the Green Belt as a result of the introduction of the  ...  view the full minutes text for item 24.

Extension to existing warehouse with associated parking, loading, access, and sprinkler tanks [Rural West York Ward] [Site Visit]

Members considered a major full application from Jim Young for an extension to the existing warehouse with associated parking, loading, access, and sprinkler tanks.

Discussion took place regarding the number of electric charging points, boundary landscaping and drainage. It was clarified that surface water drainage would be discussed in consultation with City of York Council Flood Risk Engineers and the Internal Drainage Board.

Resolved: That Delegated Authority to be given to the Assistant Director (Planning and Public Protection) to approve the proposal subject first to agreement relating to the resolution of the surface water drainage, and any resultant additional conditions that may be required in respect of this issue, no objection following referral to Secretary of State and the amendments to conditions 4, 5 and 10:

Amended Condition 4

The landscaping shall be in accordance with Drawing Number 1645/2 Revision A (received 21 August 2018) for the lifetime of the development.  This scheme shall be implemented within a period of six months of the completion of the development.  Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority.

Reason:     So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the site in the interests of the character and appearance of the area.

Amended Condition 5

The existing boundary hedge, which bounds the site to the north, south, and west boundary of the site and shown as being retained on Drawing Number 1645/2 Revision A (received 21 August 2018) and Drawing Number C450 (received 20 July 2018) shall not be removed or reduced in height below 11.00 m in height.

If in the circumstances that a the hedge or part of the hedge is removed this should be replaced with native species. Details illustrating the number, species, height and position of the replacement native trees and/or shrubs shall be submitted to and approved in writing by the Local Planning Authority. This replacement planting shall be implemented within a period of six months of the original removal of the tree/s and/or hedge.

Reason:     In order to preserve the visual appearance of York's Green Belt and to minimise the visual impact of the warehouse within the Green Belt.

Amended Condition 10

A scheme which provides a minimum of two electric vehicle recharge point shall be provided with the parking areas hereby approved. The recharge points should be installed prior to first occupation of the extension. The location and specification of the recharge points and an Electric Vehicle Recharging Point Maintenance Plan that will detail the maintenance, servicing and networking arrangements for each Electric Vehicle Recharging Point for a period of 10 years shall be submitted to approved in writing with the Local Planning Authority prior to installation

INFORMATIVE: Electric Vehicle Charging  ...  view the full minutes text for item 25.

Erection of steel container for use as astronomical observatory [Osbaldwick And Derwent Ward] [Site Visit]

Members considered a full application from Derek Farmer for the erection of a steel container for use as astronomical observatory.

Members were provided an update to the report in which they were advised that of additional supporting information from York Astronomical Society and updates on responses from Murton Parish Council, Flood Risk Management, Network Management and information on the original planning permission at the site. In response to a question from a Member, Officers explained the recreational use of land in the Green Belt.

Isobel Waddington, Chair of Murton Parish Council, spoke in objection to the application. She noted that the emerging Local Plan followed the NPPF and that the application which stated that inappropriate development, by its definition was harmful to the Green Belt and cannot be approved except in very special circumstances. She outlined the Parish Council’s objection to the application, adding that it supported the Officer recommendation.

Suzanne Farmer spoke on behalf of the Applicant in support of the application. She explained that York Astronomical Society was a registered charity which had always included public outreach as part of its work. She noted that as an optical observatory, dark skies were needed and she went on to explain why Beetle Bank Farm had been chosen for the siting of the observatory. She added that the observatory could be considered as being for recreational use and that York Astronomical Society were not aware of any other suitable sites.                                                                                                                                                                                                                                                                                                                                                                                                               

Derek Farmer, the Applicant, then responded to a number of questions from Members. He confirmed that:

·        The reason that York Astronomical Society had needed to move the observatory was because they had been asked to leave Rufforth Airfield (their current site).

·        The size of the observatory was necessary to hold a viewing platform. A warm room was needed in winter to store equipment and telescopes.

·        The observatory could be made smaller but would lose the warm room.

·        In order to make the site useful, concrete needed to be put down and there was a 5 year lease for the land.

·        A potential partnership with the university had been assessed and the reason for choosing Beetle Bank Farm was explained.

Tony Fisher spoke in support of the application. He outlined is background as an Astronomer and Physics teacher and eplained why Beetle Bank Farm had been chosen. Concerning the Green Belt, he noted that the effect of the observatory on it was negligible, and he noted that planning applications that had been approved in the Green Belt.

Members debated the application at length, noting the need for there to be very special circumstances in order for the application to be approved.

Resolved: That the application be approved subject to the following conditions:

Condition 1

Time limit

Condition 2

Plans

Condition 3

Personal permission to tie to York Astronomical Society

Condition 4

Only for use as an observatory and no other use

Reason:     It is considered that the proposed building does not fall within one of the acceptable uses within the green  ...  view the full minutes text for item 26.

Members will be presented with a report outlining the Council’s performance in relation to appeals determined by the Planning Inspectorate between 1 April and 30 June 2018.

Members received a report informing of the Council’s performance in relation to appeals determined by the Planning Inspectorate between 1 April and 30 June 2018, and providing a summary of the salient points from appeals determined in that period, together with a list of outstanding appeals at the date of writing.

Resolved:  That the report be noted.

Reason:     To inform Members of the current position in relation to planning appeals against the Council’s decisions as determined by the Planning Inspectorate.