Agenda item

A full application by Mr. Robert Winston for the siting of 8 holiday let log cabins and the excavation of a  fishing lake. [Osbaldwick Ward] [Site Visit].

 

Consideration was given to an application by Mr Robert Wilson for the siting of 8 holiday let log cabins and excavation of a fishing lake.

 

Mary Keely had registered to speak in objection to the application as a Local Resident. She advised that the area floods easily and raised concerns about the impact of the 8 proposed cabins on flooding in the area. She also raised concerns about the suitability of the highway.

 

Ms Cartmel had registered to speak as the applicant. She advised that herself and her husband wished to work in tourism and wanted to create a viable business to secure their families future. The application was intended to benefit the local area and improve ecology.

 

Mr Swinglehurst had registered to speak as the applicants agent. He advised that the land in question was poor grade land and the lake was being proposed as a suitable use as it would provide sustainable drainage for the site. In response to the comments on flooding made by Mary Keely, he was willing to agree further conditions with Officers on drainage if requested to do so. He highlighted the importance of tourism to the area and advised that the application would provide much needed self catering facilities for families and the fishing lake would also be open to local residents.

 

Members noted that the Officers recommendation was to refuse the application as it was considered to be inappropriate development in the Green Belt. If Members were minded to approve the application, very special circumstances would need to be given for the application outweighing harm to the Green Belt.

 

During debate, Members made the following comments:

·        The application caters for a use and approval would support a local business.

·        The application would not harm the Green Belt due to the industrial location.

·        The application site is called ‘Holly Tree Farm’ and Farmers are being encouraged to adapt their businesses in difficult economic times.

·        Residents concerns are unfounded and a similar development in another Ward in the City had not given residents any cause to complain.

·        Some concerns were raised about the creation of a permanent lake and the management of the arrangements for fishing in conjunction with running a holiday rental business.

·        The number and size of the Cabins was a concern for some Members.

 

Following further discussion, Councillor Williams moved approval and Councillor King seconded. When put to the vote, the application was approved subject to consultation with the Chair and Vice Chair regarding the wording of conditions.

 

The Very Special Circumstances accepted as cumulatively clearly outweighing the harm to the Green Belt were:

 

·        The site at present is a poor grade pony paddock; the proposal will enhance the site and its surroundings

·        The scheme provides for outdoor sport and recreation and the land is already a leisure activity.

·        Paragraph 81of the national Planning Policy Framework says that Local Planning Authorities should plan positively to enhance the beneficial use of the green belt.

·        There is high unmet demand for such visitor accommodation in or near York, the vitality and viability of which is in part reliant on a  successful tourist and visitor  economy 

 

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

 

1.      The development shall be begun not later than the expiration of three years from the date of this permission.

 

Reason: To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by section 51 of the Compulsory Purchase Act 2004.

 

2.      The development hereby permitted shall be carried out in accordance with the following plans and other submitted details: Drawings 13092.01 13092.02 received 31^st March 2014; 5062/10 received 11^th April 2014.

 

Reason – For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

 

3.      The approved log cabins shall not be used for residential purposes other than holiday letting. For the purpose of this condition ‘holiday letting’ means letting to the same person, group of persons or family for period(s) not exceeding a total of 28 days per calendar year.

 

Reason – The premises are only acceptable in this Green belt location on the basis of the Very Special Circumstances for holiday accommodation and would otherwise constitute inappropriate permanent residential development in the Green Belt. The cabins also lack a defined cartilage and a private amenity space and would present an inadequate standard of amenity for permanent residents.

 

4.      The owners/operators shall maintain an up-to-date register of the names of all occupiers of the holiday accommodation on the site, and of their main home addresses, and shall make this information available at all reasonable times to the local planning authority.

 

Reason – To ensure the holiday accommodation is not used for unauthorised permanent residential occupation.

 

5.      Prior to the development commencing, details of the cycle parking areas, including means of enclosure, shall be submitted to and approved in writing by the Local Planning Authority. The cabins shall not be occupied until the cycle parking areas and means of enclosure have been provided within the site in accordance with such approved details and these areas shall not be used for any purpose other than the parking of cycles.

 

Reason – To promote the use of cycles thereby reducing congestion on adjacent roads and in the interests of the amenity of occupants in the accommodation.

 

6.      The site shall not be brought into first use nor shall the cabins be occupied until the areas shown on the approved plans for parking and manoeuvring of vehicles of holiday residents and visitors to the fishing lake have been constructed and laid out in accordance with the approved plans and thereafter such areas shall be retained solely for such purposes.

 

Reason – In the interests of highway safety.

 

7.      Development shall not begin until details of foul and surface water drainage works have been submitted to and approved in writing by the Local Planning Authority and carried out in accordance with these approved details. The following criteria should be considered in the formulation of the surface water drainage scheme:

- Discharge from Greenfield sites taken as 1.4 lit/sec/ha (1:1yr storm).

- Storage volume should accommodate a 1:30yr event with no surface flooding and no overland discharge off the site in a 1:100yr flooding event.

- A 20% allowance for climate change should be included in all calculation.

A range of durations should be used to establish the worst case scenario.

 

Reason – So that the Local Planning Authority may be satisfied with these details for the proper drainage of the site and to reduce the risk of flooding.

 

8.      The finished floor levels of the cabins must be set at no lower than 600mm above the greater of either:

i)             Existing ground levels as identified on submitted drawing 5062/10 or

ii)            The levels identified in 1:00 year flood event modelling to be carried out for the site, details of which shall be submitted to and agreed in writing by the Local Planning Authority prior to commencement of the development.

 

Reason – To minimise the potential for flooding of the proposed holiday accommodation.

 

9.      Prior to commencement of the development, a Construction Environmental Management Plan (CEMP) for minimising the creation of noise, vibration, dust and lighting during the site preparation and construction phases of the development shall be submitted to and approved in writing by the Local Planning Authority. All works on site shall e undertaken in accordance with the approved scheme, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason – To protect the amenity of local residents.

 

10.  Demolition, excavation and construction works and ancillary operations, including deliveries to and dispatch from the site shall be confined to the following hours:

-Monday-Friday 08.00to 18.00

-Saturday 09.00 to 13.00

-Not at all o Sundays and Bank Holidays.

 

Reason – To protect the amenity of local residents.

 

11.  No development shall take place until there has been submitted and approved in writing by the Local Planning Authority a detailed landscaping scheme which shall illustrate the number, species, height and position of trees and shrubs to be planted. 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.

 

12.  Before the commencement of and during building works, adequate measures shall be taken to protect the existing planting on this site including the boundary hedging which shall thereafter be retained during the operation of the development. This means of protection shall be agreed in writing with the Local Planning Authority and shall be implemented prior to the stacking of materials, the erection of site huts or the commencement of building works.

 

Reason – The existing planting is considered to make significant contribution to the amenities of this area.

 

13.  Prior to commencement of the development, details ofall external lighting at the site shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall thereafter be installed fully in accordance with the approved details.

 

Reason – In the interests of the visual amenity of the locality and the amenity of adjacent residents.

 

14.  Other than that hereby approved, no additional holiday accommodation shall be introduced, nor camping or caravanning permitted to take place at the site at any time.

 

Reason – in the interests of the amenity of adjacent residents.