Agenda item

Change of use of land to permit the creation of 20 pitches for touring caravans or tents and erection of toilet block (resubmission). [Huntington/New Earswick] [Site Visit]

Members considered a full application by Mr David Wardell for a change of use of land to permit the creation of 20 pitches for touring caravans or tents and erection of a toilet block (resubmission).

In their update to Members, Offices informed the Committee that comments on the application had been received from both the Environment Agency and the Council’s Countryside Officer. They also circulated a paper showing the movement and path of a car and caravan when leaving the site.

The Environment Agency (EA) objected to the application on the basis that no justification had been submitted for the proposed method of foul drainage disposal (a sealed cess pool), which was considered to be unsustainable and posed an unacceptable risk to the water environment. A full justification for the use on non-mains drainage was required under Circular 3/99 ‘Planning Requirement in respect of the Use of Non Mains Sewerage incorporating Septic Tanks in New Development. Officers recommended that if Members decided to refuse planning permission that an additional reason for refusal be incorporated to cover the EA’s objection.

The comments of the Countryside Officer were that although the site was in close proximity to a Great Crested Newt habitat, the proposed application would be unlikely to cause a detrimental impact.

Representations in objection were received from a local resident, Ken Harrison. He expressed concerns about the access lane to the site from the A1036 Malton Road. He stated that traffic often queued up outside his house on Malton Road, and that the proposal this would make access to the site more difficult. Furthermore, he was concerned that owners of motorhomes would have to swing in to oncoming traffic from the main road to exit the site.

Further representations were received from another local resident in objection, Elizabeth Merry. She felt that the application would increase the amount of noise and rubbish in the vicinity, particularly given that businesses were located in front of the proposed site.

Representations in support were received from the applicant’s agent, Michael Hammill. He informed the Committee that in the last five years no accidents in the vicinity of the site had been caused as a result of traffic entering and exiting the site using the access lane. He felt that although the width of the lane was not ideal, that most people would use common sense when using the lane. In response to a question from a Member, the Council’s Highways Engineer could not confirm whether there had been any recorded accidents at the junction of the access lane with Malton Road in the last five years. The agent confirmed that if the application was approved, the applicant would be happy to accept a condition controlling the arrival and departure times of caravans together with a landscaping condition. He also clarified that the site would only be for use by caravans rather than both caravans and tents.

Some Members felt that the application should be approved as the site was already in use as a caravan site and that they would be happy with the proposal as long as there was sufficient screening.

Other Members considered that the location of the access lane, just off main road (Malton Road) was already dangerous and an increase in traffic and vehicles towing large caravans would exacerbate this.

Concern was also expressed that the junction between the access lane and Malton Road was not safe for vehicles and pedestrians because of restricted visibility.

RESOLVED:       That the application be refused with the following additional reason for refusal.

The application indicates that foul drainage is to be discharged to a non-mains drainage system. In these circumstances Circular 3/99 'Planning Requirement in respect of the Use of Non-Mains Sewerage incorporating Septic Tanks in New Development' advises that a full and detailed consideration be given to the environmental criteria listed in Annex A of the circular in order to justify the use of non-mains drainage facilities. No such information has been submitted. The application does not, therefore, provide a sufficient basis for an assessment to be made of the risks of pollution to the water environment arising from the proposed development. In particular the application fails to:

(i)           Address the issues set out in Section 6 Annex A of Circular 3/99.

(ii)          Justify the use of a cesspool over preferred alternative means of foul disposal in accordance with the hierarchy set out in Circular 3/99.

REASON:           The proposed development would be likely to intensify the use of substandard access of restricted width. The increase in traffic using the access will predominantly be by vehicles with trailers/caravans. The access is taken from a classified highway which is a main artery into the city and carries high frequency public transport services. The limited width cannot be improved due to boundary features and land ownership issues, and will make access for cars towing trailers/caravans and HGV’s particularly difficult. The restrictive width together with the increased frequency of use of the access will increase the likelihood of such vehicles having to wait on or reverse out onto A1036 Malton Road. Such manoeuvres would be detrimental to the safety of highway users, particularly vulnerable highway users such as pedestrians and cyclists using the adjacent shared pedestrian/cycle route. Furthermore the increased frequency of vehicles having to wait to enter the site or having to reverse into Malton Road will interfere with the free flow of traffic with associated detrimental impacts on service reliability to public transport routes including Park and Ride. Thus the development is considered to conflict with advice contained within the National Planning Policy Framework (section 4-paragraph 32) which states that decisions should take account of whether safe and suitable access to sites can be achieved for all people, and Policies T2a and V5 of the City of York Draft Local Plan.