Agenda item

Creation of new access, excavation of pond and siting of 2 static caravans (part retrospective) [Bishopthorpe Ward]

Members considered a full application by Mr and Mrs Clarke for the creation of new access, excavation of a pond and siting of two static caravans (part retrospective) at Whinney Hills, Appleton Road, Acaster Malbis.

Members were provided with an Officer update which advised that consideration had been given to implications that may arise from the European Convention on Human Rights (ECHR), in particular Article 8 (the right to respect for private and family life) and Article 1 (protection of property). It was considered that the recommendation to refuse the application as detailed in the report did not interfere with ECHR rights as City of York Council (CYC) was permitted to control the use of land in accordance with the wider public interest, and as such, the recommendation was considered to be a proportionate response to the submitted application based on the considerations set out in the report.

Officers clarified that the internal driveway related to a crushed stone above a membrane laid over the grass and did not comprise an  excavation of the land.

Chelsea Clarke, representing the applicant, spoke in support of the application. She explained that at the time of purchase, the applicant had not been made aware by CYC that the land was in green belt. She noted that the applicant would like in install a temporary eco friendly log cabin in place of the two static caravans. She added that the applicant would be willing to compromise on the new access arrangements and pond.

In response to Member questions, Ms Clarke clarified that:

·        When the solicitors acting on behalf of the applicant carried out the searches, the solicitor had not been informed that the land was in green belt.

·        The applicants had a record of the written advice from CYC officers.

Officers were asked and explained that:

·        With regard to green belt status being identified by the land searches during the purchase of the land, solicitors or conveyancers ask standard questions and they may ask specific additional questions regarding the status of the land.

·        During a meeting with the applicant, the applicant had been informed that the land was in green belt and that the changes would require a planning application.

Following debate it was:

Resolved: That the application be refused.

Reason:

                     i.        The application site is within the general extent of the Green Belt as set out in Policy Y1 of The Yorkshire and Humber Plan - Regional Spatial Strategy. In accordance with paragraph 89 of the National Planning Policy Framework it is considered that the elements of the development that relate to the access, siting of the static caravans and the driveways constitute inappropriate development which, according to Section 9 of the Framework is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. The proposal conflicts with the essential characteristics of Green Belts (their openness and their permanence) and the purposes of including land within the Green Belt by resulting in encroachment of development into the countryside, and is harmful to the openness of the Green Belt. The Local Planning Authority has carefully considered the ‘other considerations’ ’put forward by the applicant in support of the proposals but has concluded that these considerations do not clearly outweigh the harm to the Green Belt and other harm (poor design, and harm to the intrinsic character of the countryside) when substantial weight is given to the harm to the Green Belt. As such very special circumstances do not exist to justify the proposal. The proposal is therefore contrary to Section 9 of the National Planning Policy Framework and policy YH9 of the Yorkshire and Humber Plan and also conflicts with Draft Development Control Local Plan (2005) Policy GB1: Development in the Green Belt, and Policy GB1 of the Pre-publication Draft Local Plan (2017).

                    ii.        No special circumstances have been demonstrated that would justify the location of residential development in an unsustainable rural location that will increase car borne activities and is unrelated to services and amenities. As such it is contrary to paragraph 55 of the NPPF.

                   iii.        The proposed static caravans are of a poor design that fails to reflect local distinctiveness or the character of this rural area. As such the development is contrary to section 7 of the NPPF, policy GP1- Design criteria a), and b), of the City of York Draft Local Plan Incorporating the 4th set of changes, and policy D1 of the Pre-publication Draft Local Plan.

                  iv.        The proposed new access would result in the loss of a substantial area of hedge and tree planting in order to achieve the required sight lines. As such it would have an adverse impact on the intrinsic character of this part of open countryside, and conflict with one of the Core planning principles in the NPPF in relation to ‘recognising the intrinsic character and beauty of the countryside, together with that part of paragraph 32 that relates to achieving a safe and suitable access to the site for all people.