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.

At this point in the meeting, Members were asked to declare any personal, prejudicial or pecuniary interests they may have in the business on the agenda. None were declared.

To approve and sign the minutes of the meeting of the Planning Committee held on 21^st January 2016.

Resolved:           That the minutes of the last meeting held on 21^st January 2016 be approved and 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 5pm on Wednesday 17^th February 2016. 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 this meeting will be filmed and webcast and that includes 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, i.e. 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/downloads/file/6453/protocol_for_webcasting_filming_and_recording_of_council_meetingspdf

It was reported that there had been no registrations to speak under the Council’s Public Participation scheme.

This item invites Members to determine the following planning applications:

Members then considered the following reports of the Assistant Director (Development Services, Planning and Regeneration) relating to the following planning applications, which outlined the proposals and relevant planning considerations and set out the views of the consultees and officers.

A major outline application for use of land for touring caravans (91 pitches) and 10 camping pods with associated buildings, refuse points, access and landscaping. [Rural West York Ward] [Site Visit].

Consideration was given to a major outline application for the use of land for touring caravans (91 pitches), 10 camping pods with associated buildings, refuse points, access and landscaping.

Consideration was given to a major outline application for the use of land for touring caravans (91 pitches), 10 camping pods with associated buildings, refuse points, access and landscaping.

Officers provided an update to the committee report, full details of which are attached to the online agenda for this meeting, the main points were as follows:

·        The applicant had offered to plant a 14 metre deep wooded area to the western boundary with Northfield Lane

·        A further representation in objection had been received concerned with extra traffic on the roads, change of character to Poppleton and damaging to businesses in the area.

·        A correction to the location map. A new map was circulated showing the correct site area.

Diane Davies had registered to speak on behalf of local residents. She advised that development on the land would cause harm to the Green Belt and that currently, the site links together two areas of Green Belt land. She also raised concerns about the loss of agricultural land and the impact upon wildlife and the proximity of the site to homes along Northfield Lane.

Kenneth Crocket had registered to speak as a local resident. He raised concerns about the lack of consultation with residents on the application and the potential  impact of light and noise pollution from the 90 caravans that would potentially be on the site. He also raised concerns about the loss of privacy to homes along Northfield Lane.

Richard Baxter had registered to speak on behalf of the applicant. He advised that the proposal was for a high quality site for touring caravans and that York only had two other sites in the City that would come close to what would be offered at this location. The layout would be low density with 10 caravans per acre.  He argued that the site was not in open countryside and as there is already development along Northfield Lane,  that the proposals would infill the space.

Edie Jones had registered to speak on behalf of Upper Poppleton Parish Council and the Poppleton Neighbourhood Plan Committee. She advised that the interim Green Belt for Poppleton had been defined in the Neighbourhood Plan and this area of land was important as it prevented coalescence and protected the setting of the Poppleton villages. She also raised concerns about the potential for an increase in traffic, particularly along the A59.

Members commented that having viewed the site on the site visit, they felt that it did fulfil a Green Belt purpose. As the site is not open land, any development on it would result in coalescence.

Resolved:           That the application was refused.

Reason:              The application site is within the general extent of the Green Belt as set out by policy Y1 of The Yorkshire and Humber Plan - Regional Spatial Strategy. In accordance with paragraph 89 of  ...  view the full minutes text for item 73.

A full application for the conversion, extension and change of use of outbuildings and adjacent land to pre-school nursery (use class D1), associated car and cycle parking and widening of access. [Rural West York Ward] [Site Visit].

Consideration was given to a full application by Mr & Mrs Nimmo for the conversion, extension and change of use of outbuildings and adjacent land to pre-school nursery (use class D1), associated car and cycle parking and widening of access.

Officers provided an update to the committee report, full details are attached to the online agenda for this meeting, the main points were as follows:

·        Additional comments had been received from the neighbours at Wheatland House to advise that although not ideal, providing the new access was in accordance with the latest plans (enabling the two way traffic flow along the drive and a separate footpath), their main concerns had been addressed. They also requested that they have a right of access over the drive and plan details are strictly enforced. Officers reminded members that a private right of access is not a matter for the planning authority.

·        Additional conditions to limit the occupancy to 90 children at a time, removal of permitted development rights and the removal of permitted change of use rights.

Russell Trudgen spoke as the agent on behalf of the applicant. He advised that the site provided the best location for the relocation of the nursery and would also provide the applicant with an opportunity for expansion. The applicant, through the operation of the current business,  had demonstrated that there is a need in the area for a nursery and the majority of parents had indicated they would be willing to travel the small extra distance to use the new site.

Members queried a number of points, in particular the traffic arrangements and number of children on site at any given time and  sought assurances from the applicant that disruption to the neighbours would be minimised during the construction phase.

Resolved:           That the application was approved subject to the conditions outlined in the committee report and update.

Reason:              ,Whilst the proposals are considered to be inappropriate development in the Green Belt, and therefore harmful by definition, for which the presumption in favour of development does not apply, the impact on the permanence and openness of the Green Belt is moderate in scale and localised. The particular considerations here cumulatively  amount to very special circumstances,  that in this particular instance are considered to clearly outweigh the harm to the green belt by reason of inappropriate development and  localised limited harm to the purposes and openness of the Green Belt. As such the proposals are in accordance with core principles of the NPPF, and specific principles and policies protecting the Green Belt in Section 9 of the NPPF and Policies SP2, GB1 and GB3 of the DCLP.

Overall the proposals are considered to comply with relevant sections of the NPPF (paras 14, 17 and 70) and GP1, GP9 and C7 of the DCLP.

A full application for the use of land for siting 6 camping pods on site of existing all weather tent pitches. [Heworth Without Ward] [Site Visit].

Consideration was given to a full application by Mr Richard Wilson for the replacement of six all weather surfaced camping pitches with six camping pods on land forming part of the York Caravan Park.

It was reported that there was no update to the committee report.

Some members referred to previous planning applications for caravan sites within the Green Belt which had recently been considered by the committee and queried why this similar application was being recommended by officers for approval when other applications had not. Officers advised that the site was already being used as a camping and caravanning site and the pods would allow a rural business to diversify in accordance with Government policy.

Some members disagreed with allowing permanent camping pods to be placed on the site and asked whether a condition could be added to ensure that out of season, the pods are removed and stored elsewhere. The applicant’s agent who was in attendance confirmed that such a condition would be acceptable.

Resolved:           That the application was approved subject to the conditions outlined in the committee report and the amended condition 4 as suggested by members, to ensure the pods were stored elsewhere on the site during the winter period.

Reason:              The application site is within the general extent of the Green Belt. The proposal constitutes inappropriate development for the purposes of paragraph 88 of the NPPF, and by definition causes harm to the Green Belt. The proposed intensification of the use would result in some limited harm to the openness of the Green Belt but the use is not considered to conflict with the purposes of Green Belt set out at paragraph 80 to the NPPF.

It is considered that the other considerations put forward by the applicant,  the benefits to tourism on this existing camping and caravan site and the more efficient use of an existing sites which reduces the need for new facilities in rural locations and supports the Government aim of enhancing the beneficial use of the Green Belt  together with the mitigation of other harm through the imposition of planning conditions clearly outweigh the potential harm to the Green Belt by reason of inappropriateness and any other harm, and thereby amount to very special circumstances to justify the inappropriate development in the York Green Belt even when substantial weight is given to any harm to the Green Belt.

This report (presented to both Planning Committee and the Area Planning Sub Committee) informs Members of the Council’s performance in relation to appeals determined by the Planning Inspectorate between 1 October and 31 December 2015, and provides a summary of the salient points from appeals determined in that period. A list of outstanding appeals to date of writing is also included. 

Members considered a report which informed them of the Council’s performance in relation to appeals determined by the Planning Inspectorate between 1 October and 31 December 2015 and provided them with a summary of the salient points from appeals determined in that period.

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.