Agenda item

Change of use of agricultural land into nature conservation area with public access [Osbaldwick Ward].

Consideration was given to a major full planning application, submitted by Mr Mark Warters, for the change of use of agricultural land into a nature conservation area with public access.

Officers updated and circulated the following additional information:

• The first paragraph of the reason for refusal should be amended to read ‘The site is identified as site H1.6 under Policy H1 of the City of York Draft Local Plan to accommodate approximately 520 dwellings. As such the proposed use would:’
• Letter supporting the application from Barry Potter of the York Natural Environment Trust (YNET).

Representations in support of the application were received from the applicant. He pointed out that there was no mention in the Planning Officers report under relevant planning history of the approved application for 2 dwellings on part of this site and he went onto refer to the ongoing discussions with the European Union regarding other issues. He stated that it appeared Officers had cherry picked particular policies for inclusion in the reason for refusal and that these had been used to suit these particular circumstances. He went on to point out the reference, in paragraph 4.13 of the report, to the shortfall in natural and semi-natural open space in the eastern part of the City’s urban area with there being no policy to rectify the situation. He requested Members to support retention of the Green Belt and support the change of use.

Representations were also received from a representative of the Meadlands Residents Association (MARA), who confirmed that local residents fully supported the proposed conservation of the area. Reference was made to YNET’s support, as an independent body, to the application. He pointed out that the Police Architectural Liaison Officer had raised no objections to the application but he felt that unfounded security issues had been raised by Officers.   He stated that there were no material objections and plenty of public support and that the application had the best interests of the city in mind.

A representative of Osbaldwick Parish Council confirmed their full support for the change of use. He referred to the variety of wildlife at present on site and to the lack of publicly accessible open space in the area. He stated that roads in the vicinity were unsuitable for any additional traffic that would be generated by housing development.

Cllr Morley, as Local Member, expressed support for the use of land for nature conservation housing and open space but referred to the need for affordable housing in the City. He stated that it was vital that this site was developed for housing to prevent the use of additional Green Belt land elsewhere.

[As amended by Planning Committee at their meeting on 3 February 2010]

Members questioned whether it would be possible to have multiple permissions for one site and the procedure if the planned housing development did not proceed. Officers confirmed that a report to Members would have to be made in which the balance of issues would be detailed including the need for open space in the area although they confirmed that the site was designated for housing in the Local Development Framework (LDF).

Members also questioned the evidence in relation to visitor numbers to the site which the applicant confirmed as personal evidence of use which he felt would have been more if the site had been maintained. Concern was expressed in relation to the lack of proposed parking and security issues and reference was made to the need for family housing in the city.

Members stated that such a change of use needed to go through the correct LDF process which would require a change in land allocation. Following further discussion it was

RESOLVED:             That the application be refused.

REASON:                  The site is identified as site H1.6 under Policy H1 of the City of York Draft Local Plan to accommodate approximately 520 dwellings. As such the proposed use would:

i) have an adverse effect on York's future housing supply;

ii) undermine the government's objective of providing sufficient quantity of housing to meet needs and demands; and

iii) affect the government's objective of providing a mix of housing, both market and affordable, particularly in terms of tenure and price to support a wide variety of households in all areas.

As such the proposal is contrary to policy H1 of Regional Spatial Strategy Yorkshire and Humber 2008, policies H1 (Housing Allocation) and SP9 (Action Areas) of the City of York Draft Local Plan, the findings of the Strategic Housing Land Availability Assessment, and the Government's objectives set out in paragraphs 10 and 69 of Planning Policy Statement 3 (Housing).