Agenda item

Change of use of land to public open space with landscaping [Rural West York] [Site Visit]

Members considered a full application from Mr Tate for the Change of use of land to public open space with landscaping at the former Del Monte Site, Skelton Park Trading Estate, Shipton Road, Skelton, York.

Officers advised that the revisions to the NPPF were not considered to be relevant the application and that the additional information and the alterations to the NPPF had been assessed and the planning balance was considered to be unchanged from the published report.

The Applicant, Liam Tate, spoke in support of the application. He advised that the Parish Council had agreed to take on the open space for perpetuity and he explained that the open space had been designed with planners and landscape architects. Following Mr Tate giving an overview of the layout of the open space he was asked and gave clarification on the discussion with sustrans about the cycle track.

Cllr Steward, Rural West York Ward Councillor, spoke in objection to the application. He concluded by urging that the application be approved subject to a condition requiring the installation of a signalised pedestrian crossing

Cllr Warters moved and Cllr Gilles seconded approval of the application subject to a condition that there should be a pedestrian crossing. This was put to the vote as being a motion to refuse.  The motion fell.

The Traffic and Highway Development Manager was asked and explained an assessment for a signalised crossing in relation to the open space had been made. In relation to a question concerning reference to sustainable travel in the NPPF, the Development Manager advised that a condition requiring a pedestrian crossing would be contrary to the NPPF as it was reasonable or necessary to be provided as part of the development.

Following debate it was:

Resolved: That the application be approved subject to the conditions listed in the report and a variation of the S106 agreement for the outline planning permission (14/01478/OUTM) to ensure that the open space land is adequately maintained in perpetuity.

Reasons:

                     i.        The application site is located within the general extent of the York Green Belt and serves a number of Green Belt purposes. As such it falls to be considered under paragraph 143 of the NPPF which states inappropriate development, is by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness and any other harm are clearly outweighed by other considerations. National planning policy dictates that substantial weight should be given to any harm to the Green Belt.

                    ii.        In addition to the harm to the Green Belt by reason of inappropriateness, it is considered that the proposal would have some harm on the openness of the Green Belt when one of the most important attributes of Green Belts are their openness and that the proposal would undermine three of the five Green Belt purposes. Substantial weight is attached to the harm that the proposal would cause to the Green Belt.

                   iii.        It is considered that the net gain to biodiversity and the provision of public open space provided for the benefit of the wider village are very special circumstances that are considered to outweigh the definitional harm to the openness and permanence of the greenbelt even when substantial weight is given to any harm to the Green Belt.