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Agenda item

Lindum Group Limited, York Road, Elvington, York [18/02744/OUTM]

Outline application for the erection of 20no. employment units (Use Classes B1(b), B1(c), B2 and B8) with means of access and landscaping included [Wheldrake Ward] [Site Visit]


Members considered a major outline application from Mr J. Nellist for the erection of 20no. employment units (Use Classes B1(b), B1(c), B2 and B8) with means of access and landscaping included.


Officers provided Members with an oral update on the application and reported that:


(i)           The following change had been made to the recommendation:



Due to the size of the development in the Green Belt referral to the Secretary of State is required therefor the recommendation is:


Approval following Secretary of State Decision.


(ii)         Page 85 of the agenda contains a map however this illustrates only part of the site and not the whole site. A revised map for is attached clarification


(iii)        Highways had no objections to the planning application.


(iv)        The revision of Condition 12 and the addition of two further Conditions as set out below.


Officers clarified that the proposal currently lies within the Green Belt.  If the Local Plan is adopted it would not fall within the Green Belt however, we are not at this stage at present.


Mr David Staniland , Agent for the applicant, spoke in support of the application stating the special circumstances which warranted that the application be approved.  He considered these reasons to be that the Lindum Group: has a turnover of £30m, employ 40 contractors, have a good relationship with York College and sponsor a number of applicants, they employ a Marketing Assistant to liaise with tenants and have a business model regarded an eco-model.


Members considered that the proposal added value to the economy and It was moved and seconded that the application be Approved following Secretary of State Decision and it was therefore:




1.   The application be Approved following Secretary of State Decision subject to the conditions listed in the report.




The application for outline planning permission includes land that lies within the general extent of the York Green Belt. The proposal is for commercial use in Use Classes B1, B2 and B8 with the erection of 20 units and for landscaping details also to be determined. The proposed development complies with Policies R1 and EC5 of the 2018 Draft Plan and has the support of the Council’s Economic Growth team in addressing a shortfall in commercial units within the local area. The proposal is also considered to comply with policies relating to landscaping, ecology, highways, drainage and amenity. The proposed development constitutes inappropriate development in the Green Belt and as such should only be approved in very special circumstances. The applicant has presented a case for very special circumstances, highlighting demand for space in the site from existing clients and noting the benefits to the local economy and local residents through education and training. The case for very special circumstances is accepted and in the planning balance this is sufficient to outweigh any identified harm as a result of the proposal. Approval is therefore recommended subject to the following planning conditions.


2.   That the wording of Condition 12 (Building Heights) set out in the officer report is revised to the following:


The buildings to be erected on this site shall be no greater than 6.5 metres in height above the existing ground level at a point to be agreed in writing with the local planning authority prior to the commencement of development.


Reason: To assist the development being integrated into the



3.   An additional Condition 21 (Junction Details) be added:

The development shall not be begun until details of the junction between the internal access road and the highway have been approved in writing by the Local Planning Authority, and the development shall not come into use until that junction has been constructed in accordance with the approved plans.

Reason:  In the interests of road safety.


4.   An additional Condition 22 (Delivery/Service Vehicles) be added:

Prior to the commencement of the use hereby approved, provision shall be made within the site for accommodation of delivery/service vehicles in accordance with details which shall have been previously submitted to and approved in writing by the Local Planning Authority. Thereafter all such areas shall be retained free of all obstructions and used solely for the intended purpose.


Reason:     To ensure that delivery/service vehicles can be

accommodated within the site and to maintain the free and safe passage of highway users.

Supporting documents:


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