Agenda item

Variation of condition 20 of application 15/02439/OUTM to allow 16.5 m long articulated egg collection lorries to enter the site at all times and days with the exception of 08:20 to 09:30 on weekdays and 14:45 to 18:00 on weekdays and leave the site at all times and days with the exception of 08:20 to 09:05 on weekdays and 14:45 to 18:00 on weekdays [Wheldrake Ward]

[Note: The Legal Services Manager (Corporate Governance) withdrew from the meeting during consideration of  this item. The Senior Solicitor (Planning) joined the meeting for this item]

Members considered a major outline application from Chris Hobson for a variation of condition 20 of application 15/02439/OUTM to allow 16.5 m long articulated egg collection lorries to enter the site at all times and days with the exception of 08:20 to 09:30 on weekdays and 14:45 to 18:00 on weekdays and to leave the site at all times and days with the exception of 08:20 to 09:05 on weekdays and 14:45 to 18:00 on weekdays.

During the Officer update, Members were advised of changes to the conditions which included an additional condition with the regard to the approved plans, a change to condition 2 and an additional informative. Officers also updated Members on the representations received which included three objections from residents, the comments of which were outlined to Members. Officers reported that the additional information had been assessed and the planning balance and the recommendation remained  unchanged from the published report. 

Roland Aston, a local resident, spoke in objection to the application. He explained that the village, school, village hall and sports ground had not changed and what had changed was the  Applicant occasionally having problems the logistics of vehicles accessing the site. He expressed concern regarding traffic on Broad Highway and requested that the Committee reject the application and keep the restrictions in place.

Mr Aston was asked and explained that he did not have the technical knowledge to know whether the size of the articulated lorries presented a problem with the passing places on Broad Highway.

Len Rawlinson, a local resident, spoke in objection to the application. He noted that the application only referred to articulated lorries and expressed concern regarding 16.5m articulated lorries accessing the farm via the narrow Broad Highway, which was close to the school (which had up to 280 children near the school during school opening and closing times). He added that the turn out of Broad Highway into North Lane was very tight and that problems had arisen since the use of 40 tonne lorries collecting eggs from the farm.

The Chair clarified that the change to condition 2 referred to 16.5m articulated lorries.

Sam Harrison (Agent for the Applicant), spoke in support of the application. He outlined the changes to the restrictions and noted that since the site had become operational the timings had become problematic and he explained the reasons for this. He noted that the Applicant had always tried to abide with the current restrictions, however there had been non compliance because of a range of factors.  With regard to restrictions during school times, the Highway Authority considered the current restrictions to be excessive.

Mr Harrison was asked and explained that:

He believed that the restrictions would have been taken into account in the route planning for the egg collections from the farm.

Complaints about non compliance with the restrictions related to the egg collection lorries being 10 to 40 minutes out of the restricted time.

Cllr Mercer (Ward Councillor), spoke in support of the application. She noted that the proposed revision to the reduction in weekday hours continued to protect children and that there would be no additional vehicle movements for the collection of eggs. She added that the unit generated no noise, smell or dust and that the three other working farms in the vicinity operate with no restrictions.  She noted that there would be no additional vehicle movements and that the Parish Council were comfortable with the application.

Cllr Mercer was asked and responded that the Parish Council had no objection to the changes and the farmer employed a significant number of people.

Following debate it was:

Resolved: That the application be approved subject to following conditions and informative and the conditions listed in the report:

Additional condition with the regard to the approved plans

The development hereby permitted shall be carried out in accordance with the following plans:-

Site layout plan dated Nov 15 received by the Local Planning Authority on 30 November 2015.

Location plan dated Nov 15 received by the Local Planning Authority on 30 November 2015.

Elevation drawings dated Feb 16 received by the Local Planning Authority on 29 January 2016.

Plan showing area available for landscaping dated Feb 16 received by the Local Planning Authority on 1 February 2016.

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

Condition 2

This permission shall not be implemented until a written vehicular movement management plan has been submitted to the Local Planning Authority and approved in writing. The vehicular movement management plan shall contain the following provisions and measures and in this condition “Site” shall mean the red line application site (Location plan dated Nov 15 received by the Local Planning Authority on 30 November 2015):

(i) The  vehicular movements to and from the Site shall take place  as specified on  page 8 of the submitted  Design and  Access Statement received by the Local Planning Authority on 30 November 2015.

(ii)  Egg collection lorries up to 16.5m in length may enter the Site at all times and days with the exception of 08:20 to 09:30 on weekdays and 14:45 to 18:00 on weekdays and  may leave the Site at all times and days with the exception of 08:20 to 09:05 on weekdays and 14:45 to 18:00 on weekdays; no restrictions on Saturdays, Sundays and Bank Holidays. 

(iii) No other vehicles shall enter or leave the Site (other than staff travelling to and from the Site) at the following times and days:-

Between 07:30 to 09:30 hours, and 14:45 to 18:00 on weekdays and at any time on Saturdays, Sundays and Bank Holidays. 

(iv) Details for the ongoing monitoring and review by the operator of the egg unit  as to any changes to the start and finish time of the school day for the primary school located on Broad Highway, Wheldrake.

(v) The procedure for the operator of the egg unit to notify the Local Planning Authority of any changes to school times identified pursuant to (iv) above for the primary school located on Broad Highway, Wheldrake.

(vi) The procedure and timescale for agreeing with the Local Planning Authority changes to the lorry entry and exit restrictions at the Site referred to in (ii) and (iii) above to directly reflect changes in school times for the primary school located on Broad Highway, Wheldrake. Any such changes to lorry entry and exit restrictions at the Site shall not decrease or increase the overall length of restriction but shall shift the entry and exit times set out in (ii) and (iii) above forwards or backwards (as the case may be) in direct relationship to the change from the existing school start and finish time (currently 08:55 and 15:20.)

Once approved by the Local Planning Authority in writing, the vehicular movement management plan shall be implemented in full compliance with the approved details and timetable unless the Local Planning Authority gives written consent to any variation to it.

Informative

The current vehicle movement restrictions are based on a 08:55 school start time and 15:20 finish time at Wheldrake with Thorganby Church of England Primary School.  If following the grant of this permission the school start and finish times change the vehicular movement times to and from the Site shall be changed with the agreement in writing of the Council in accordance with the process to be approved in the vehicular movement management plan.

Reasons:

                     i.        The application is submitted as a result of difficulties faced by the egg unit in ensuring that eggs are collected at a time that does not breach the 07:30 weekday limit for lorries leaving the site.  In addition, the cycle of collections occasional requires a collection on a weekend.

                    ii.        The application proposes to change the current weekday morning collection for egg lorries so that no egg lorries would be permitted to leave the site between 08:20 and 09:05 or enter the site between 08:20 and 9:30 (the current restriction for arrivals and departures from the site is 07:30 - 09:30).  It also proposes to remove the weekend and bank holiday restriction for egg collection lorries. Egg collections will remain at a rate of two lorries per week.

                   iii.        It is considered in the context of the low number of egg collections that will occur and the restrictions that will be in place at primary school start and finish times the variation of condition 20 is considered reasonable.   It is noted that the egg collections in relation to the use are a very low proportion of the overall traffic movements on Broad Highway and that any users of the route would need to be aware that other motorised vehicles, including lorries and large agricultural vehicles can travel along the route at any time of the day or week. 

                  iv.        It is not considered reasonable to oppose a change in egg collection vehicles from rigid lorries up to 12m long to 16.5m articulated lorries given such vehicles were considered acceptable for other deliveries and collections at the site.

                   v.        The consultation deadline for the revisions to the delivery times and egg lorry size expires on 13 November.  Any additional comments received will be reported to Committee along with any implications on the recommendation and suggested conditions.