Agenda item

Erection of asphalt plant with associated infrastructure [Rural West York Ward]

Members considered a full application from Anthea Tate for the erection of an asphalt plant with associated infrastructure on the land adjacent to Sewage Works at  Hessay Industrial Estate, New Road, Hessay, York. 

An officer update was given during which Members were advised of a correction to paragraph 4.11 of the report which should have stated that the Applicant’s case for very special circumstances will was examined in detail in paragraphs 4.12 – 4.19 and 4.36 – 4.39 of the report.

Members were informed of the receipt of two additional detailed further representations from the Applicant’s solicitor on 21 January 2019 and from the Applicant’s agent on 22 January 2019 which had been circulated to Members. The representations raised additional planning issues concerning sustainability, the case for Very Special Circumstances and the alternative sites for the asphalt plant.  Officers addressed the representations made on behalf of the applicant and confirmed that it was the view of officers that  presumption in favour of sustainable development is dis-applied by virtue footnote 6 to paragraph 11 to  the NPPF when the application of Green Belt policies in the NPPF provide a clear reason for refusing the development proposed. Officers advised Members of further local representations that had been received.

In response to questions from Members, officers clarified that:

Concerning the potential for the works to harm or result in removal of  the boundary hedge lying directly to the west of the A59/New Lane junction, the overall conclusion was that the landscape harm was not in reference to the hedge and this was not a reason for refusal of the application.

Roger Hildreth (neighbouring farmer to the site), spoke in objection to the application. He explained that his dairy farm was less than 130 metres from the industrial estate. He noted the effect of pollution on his cows and that if the plant was built this would result in the closure of his farm which would affect employment.

Steve Mills (local resident), spoke in objection to the application. Representing three generations of his family living in Hessay, he explained that the plant was an inappropriate development in the Green Belt and he noted that the plant would impact noise and the Green Belt, and transport, namely the junction of the A59/New Lane, Hessay.

Mark Barratt (Chair of Hessay Parish Council), spoke in objection to the application. He noted that Hessay was a tranquil village and the plant was the equivalent of a 6/7 storey building in the Green Belt. He noted that there had been no public meeting with the applicant and he outlined residents concerns regarding safety, health, the effect on wildlife and the impact on residents’ quality of life. He suggested that the access to the site could not be delivered and the approval of the application would set a precedent for Green Belt applications.

Jeremy Williams (Agent on behalf of a number of residents of Hessay and Hessay  Parish Council), spoke in objection to the application. He explained that the applicant had failed to demonstrate that very special circumstances existed and the development constituted inappropriate development. He added that there was significant concern from residents on the transport levels via the introduction of heavy and slow moving traffic.

Cllr Steward (Rural West York Ward Councillor), spoke in objection to the application. He outlined his concerns regarding transport and traffic noting that the junction of the A59/New Lane was problematic for slow moving vehicles, and that the hedge was also a significant issue. He stated that there were no very special circumstances for the plant and cited the resulting light, noise and smell as well as the site being in the Green Belt and there being issues with transport as reasons for refusal.

In response to Member questions, Cllr Steward explained that:

·        Regarding the lack of other available and suitable site, a very small area had been looked at.

·        As well as the neighbouring dairy farm, concerning food production on the industrial estate there was a facility dealing with raw meat on the industrial estate.

·        Concerning the noise impact of the development, he noted the reference to noise in the Officer report.

Julian Sturdy, York Outer MP, spoke in objection to the application. He explained that the proposal would have significant detrimental effect on Hessay residents and would have a dangerous impact on the junction of the A59/New Lane. He added that the height of the building would impact on visual amenity, that the applicant could not demonstrate very special circumstances and that the development threatened the openness of the Green Belt. In response to a Member question he stated that as noted by Mr Hildreth, the plant would severely impact Mr Hildreth’s farm and land around the site.

Anthea Tate (Applicant), spoke in support of the application. She stated that the application was the same as that submitted in March 2017 and was recommended for approval at the August 2017 Planning Committee meeting. She noted that with regard to traffic, the Secretary of State concluded that significant impacts were unlikely regarding any congestion, highway capacity or road safety issues. She noted that regarding noise concerns, CYC  officers agreed there would not be a material impact on the amenity of neighbouring properties. She added that concerning visual impact, of the 16 viewing plains, that were submitted in the Heritage Impact Assessment and the Landscape and Visual Impact Assessment, only two of these were concluded as being of borderline significance. She outlined the number of agencies that had not objected to the application and then addressed why the two suggested alternative sites of Pigeon Cote, Huntington and Full Sutton Industrial Estate were unsuitable. She concluded by listing the reasons for very special circumstances.

Members asked Officers a number of questions to which it was clarified that:

·        The site was clearly in Green Belt and the designation of a major site in the Green Belt did not exist in the NPPF. Because the site was in Green Belt it needed to be determined in Green Belt policy.

·        The site was comparable to the alternative Pigeon Cote site.

·        There had been no representations from the minerals industry regarding a lack of available sites.

·        It was the view of CYC highways officers that the concerns regarding the junction of the A59/New Lane had been addressed.

Following a detailed debate it was:

Resolved: That the application be refused.

Reason:

             i.        Hessay Industrial Estate comprises a medium sized employment site of some long standing occupying a former MOD depot on land within the general extent of the York Green Belt to the north of Hessay village. Planning permission is sought for erection of a coated aggregates manufacturing plant situated within a building incorporating a mixing tower with associated chimney to be located at the western edge of the site. The site had a planning permission for erection of a fuel storage depot ref: - 10/00861/FUL dating to 2010 which was not implemented. A previous proposal incorporating an asphalt plant linked with the reinstatement of the rail head within a materially larger section of the site was submitted in 1999 but subsequently withdrawn. The total application site comprises some 7,200 sq metres in area which sets it within Schedule 2 of the 2017 Town and Country Planning (Environmental Impact Assessment) Regulations for which the application has been screened.

            ii.        The development comprises inappropriate development within the Green Belt.   In terms of other harms the height and design of the proposed mixing tower and chimney would detract from the setting of the historic City contrary to the purposes of designation of the Green Belt outlined within paragraph 134 of the NPPF. The height of the associated structures even not notwithstanding their relationship to the buildings of the former depot would also give rise to substantial harm to the openness of the Green Belt. At the same time it has been identified that the scheme would give rise to conditions prejudicial to the safe and free flow of traffic at the junction of the A59 and New Lane Hessay by the introduction of an increase in heavy slow moving vehicles entering and leaving the junction at peak times. A scheme has been submitted to address the junction layout however it would involve a degree of harm to the adjacent boundary hedge to the west which is in third party ownership.  The landowner has indicated their opposition to the scheme and as such there is not a reasonable prospect of the scheme being implemented within the lifetime of any permission.

           iii.        In order to support the proposal the applicant has provided a case for “very special circumstances” as required by paragraphs 143 and 144 of the NPPF to clearly outweigh the harm to the Green Belt and any other harms. This is based upon a shortage of production capacity within the standard 35 mile travel distance and that does demonstrate some lack of capacity within the area of the City and the rural area directly to the north with consequent impacts upon the deliverability of construction projects. The case should be read in conjunction with the submitted alternative sites exercise. This appears to indicate that no suitable non-Green Belt sites are available for the proposal. However, detailed research indicates that two sites at Pigeon Cote Farm Huntington and Full Sutton Industrial Estate which are outside of the Green Belt are both suitable and available. As a consequence attaching substantial weight to the harms identified to the Green Belt, “very special circumstances necessary to justify the inappropriate development in the Green Belt are not therefore demonstrated. Planning permission should therefore be refused.

          iv.        The proposal would give rise to conditions substantially prejudicial to the safety and convenience of highway users at the junction of the A59/New Lane Hessay by introducing volumes of heavy and slow moving traffic  to the junction at peak times which may not reasonably be mitigated by works within the existing highway without harm to third party land contrary to Policy IO2 of the Publication Draft North Yorkshire and York Minerals and Waste Local Plan.

           v.        The proposal comprises inappropriate development within the Green Belt by virtue of the substantial harm caused by the associated structures to its openness. The submitted detail fails to demonstrate a case for “very special circumstances” that would outweigh the harm to the Green Belt caused by inappropriateness and any other harm resulting from the proposal as required by paragraph 144 of the NPPF.