Agenda item

A full application for the erection of four seasonal tents utilising existing access, the creation and maintaining of a footpath link and the incorporation of a habitat enhancement plan. [Wheldrake Ward].

Consideration was given to a full application by Derwent Valley Glamping for the erection of four seasonal tents utilising existing access, the creation of a footpath link and the incorporation of a habitat enhancement plan.

Chris Hobson spoke as the applicant in support of the application. He advised that the application was for four tents with internal showers and toilets and a small grassed area for parking. He confirmed that electric and drainage were already in place on the site and the tents would only be visible once the site is entered.

Members raised concerns regarding the openness of the green belt and also the potential impact upon the adjoining nature reserve.

Resolved:           That the application be refused.

Reason:              (i)Policy YH9 and Y1 of the Yorkshire and Humber Plan - Regional Spatial Strategy to 2026 defines the general extent of the Green Belt around York with an outer boundary about 6 miles from the city centre. The site is identified as Green Belt in the City of York Development Control Local Plan (Approved April 2005). It is considered that the proposed development constitutes inappropriate development in the Green Belt as set out in section 9 of the National Planning Policy Framework which is by definition harmful to the Green Belt. No 'very special circumstances' have been put forward by the applicant that would clearly outweigh harm by reason of inappropriateness and any other harm, including harm to the purposes of Green Belt and openness, harm to the character and appearance of the area through visual impact and noise and disturbance, lack of information to assess the impact  of development on the Lower Derwent Valley National Nature Reserve). The proposal is therefore considered contrary to advice within the National Planning Policy Framework, in particular section 9 'Protecting Green Belt land', guidance within National Planning Practice Guidance (March 2014) and Policy GB1 of the City of York Development Control Local Plan (April 2005).

                            (ii)The  Lower Derwent Valley National Nature Reserve as a   European protected site is afforded protection under the Conservation of Habitats and Species Regulations 2010, as amended (the 'Habitats Regulations'). Under the Habitat Regulations the Council as the competent authority must make a judgement under Regulation 61 and 62 as to the 'likely significant effect', if any, of the scheme on the European designated sites before permission is granted The project is not directly connected with or necessary to the management of any European site and therefore a Habitat Regulation Screening opinion needs to be made by the Local Planning Authority. The ecology report states that the proposed development has the potential to cause disturbance and displace wintering birds and breeding birds.  The application does not include sufficient information to rule out the need for appropriate assessment under the Habitat Regulations. In the absence of sufficient information the application is considered to conflict with the requirements of the Conservation of Habitats and Species Regulations 2010 and advice in paragraphs 109,118 and 119 of the National Planning Policy Framework which seek to conserve and enhance biodiversity and confirms that the presumption in favour of development does not apply where development requiring an appropriate assessment under the Birds or Habitat Directives is being considered, planned or determined.