Agenda item

Members considered a full application from Louise Pink the change of use of field from rough grazing to green burial area with landscaping at 463582 452080 Murton Way, York.

The Development Manager gave a presentation on the application.  He then updated Members with the revised plan and an additional submission by the applicant.

The Development Manager and the Case Officer clarified that:

·        Most of the field was located in flood zone 1, zones 2 &3 were near the houses.

·        Groundwater had been found at 1.4m below ground level and the Internal Drainage Board (IDB) identified a high water table.

·        The Environment Agency had five minimum requirements that must be met before permission would be given for human burials.

·        Bodies may contaminate waterways, this depended on how the water from the principal aquafare was used.

Public Speakers

The Chair and a Councillor from Osbaldwick Parish Council, Cllr Mark Warters and Cllr Rebecca  Russell, spoke on behalf of the applicant in support.

In response to questions from Members they reported that: 

·        It was a complex ownership situation.  The Parish Council needed to secure planning permission before being able to get access to the land for a Tier 2 survey.

·        The width of the access lane was 14’ 7’’.

Following questions from members the senior solicitor clarified that:

·        Imposing a negatively worded ‘Grampian’ condition was at the discretion of Members. These types of conditions should not be used where there was no prospect at all of the action in question being performed within the time limit imposed by the permission.  She advised that this was a material consideration for the Committee.

Planning officers clarified that:

·        The Environment Agency (EA) regulate burial grounds and provide licenses.  They require a minimum of 1m above and 1 m below the coffin or shroud, totalling 2.5 m.  The EA would grant the final go ahead to carry out burials on the site.

·        The use of the land as a burial ground was the decision of the Local Planning Authority (LPA).

·        A low risk ground water area did not require a permit for fewer than 10 burials per year.  However, the five minimum groundwater protection requirements needed to be met regardless of the number of burials.

·        Officers believed, based on their existing knowledge of the ground water levels in the area that two of the EA requirements could not be met.  They felt that there was insufficient evidence that a Tier 2 survey could be implemented.

Following debate, Cllr Galvin moved to approve the application subject to appropriate conditions as raised during the debate.  The motion was seconded by Cllr Orrell.

Members voted 9 in favour of the motion and 1 against, it was therefore:

Resolved:            That the application be approved subject to the conditions, including a ‘Grampian’ condition regarding groundwater testing, with the final wording delegated to officers in consultation with the Chair and Vice-Chair.

Reason:              The site is appropriate development within the Green Belt with no identified harm to openness and permanence, fulfilling Green Belt aims.  There is a need for additional burial ground in the Parish, and with landscape, ecological and amenity benefits, and appropriate access, the principle of the site for the intended use is acceptable.  Other issues including flood risk and drainage mitigation and the need for groundwater testing and approval before any development can commence can be dealt by planning condition.