Agenda item

Change of use of agricultural buildings to tyre shredding facility (Class B2) including the siting of a caravan for use as office/amenity facility [Rural West York Ward].

Members considered a full application submitted by Mr E Swiers and Mrs R Grainger for a change of use of agricultural buildings to a tyre shredding facility (Class B2), including the siting of a caravan for use as an office / amenity facility.

Officers provided an update at the meeting, recommending an amendment to Condition 4 at paragraph 6 of the report and the addition of a further condition that the proposed caravan be used only as an office and not for residential purposes.

Representations were received from the Chair of Rufforth and Knapton Parish Council, objecting to the application on the grounds that it would damage the local environment and, as an industrial rather than agricultural use, should not be permitted within the green belt.  Representations were also received from the applicant in support of the application.

In order to address concerns raised by the Parish Council, Members sought a reduction to the hours of delivery and operation set out in Conditions 7 and 8 in the report, additional conditions to limit the use of the site to a tyre shredding facility only and to ensure the clearance of any tyres deposited unlawfully in the vicinity of the premises, and an informative to encourage access to the site via the Ring Road rather than through the village.

RESOLVED: That the application be approved, subject to the conditions outlined in the report and the following amended and additional conditions and Informative:

Amended Condition 4:Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), development of the type described in Classes A, B and C of Schedule 2, Part 6 of that Order shall not be carried out on the land forming the Woodhouse Farm agricultural holding without the prior written consent of the Local Planning Authority.

Reason: In the interests of the amenities of the adjoining residents and the amenity of the green belt, the Local Planning Authority considers that it should exercise control over any future development which, without this condition, may have been carried out as ‘permitted development’ under the above classes of the Town and Country Planning (General Permitted Development) Order 1995.

Amended Condition 5:Notwithstanding the submitted plans there shall be no tyres or other materials stacked or stored outside any building on the site.

Reason: In the interests of visual amenity in this prominent open countryside and Green Belt location.

Amended Condition 7:All deliveries to and from the site shall be confined to the following hours:

Monday to Friday:08:00 – 17:00

Saturday: 08:00 – 12:00

Sunday, Bank and Public Holidays:Not at all

Reason: To protect the amenity of the local residents from noise.

Amended Condition 8:The hours of operation permitted shall be confined to the following hours:

Monday to Friday:08:00 – 18:00

Saturday: 08:00 – 12:00

Sunday, Bank and Public Holidays:Not at all

Reason: To protect the amenity of the local residents from noise.

Additional Condition11:The proposed caravan shall only be used as an office and shall at no time be used for residential purposes.

Reason: Residential use of the caravan would be inappropriate use in the green belt, contrary to Policy GB1 of the City of York Council Development Control Local Plan.

Additional Condition 12:Notwithstanding the provisions of the Use Class Order the buildings shall be used for a tyre shredding facility only and no other use, including any other use within use class B2 (general industry)

Reason: To protect the special interests of the green belt, which could be affected by potential future uses of the site.

Additional Condition 13:At the end of each working day, any fly-tipped material on the application site shall be removed and disposed of.

Reason: The proposed use may encourage the tipping of materials on and near this site; the conditioned removal of the materials would limit the impact on the wider green belt.

Informative: Any advertising materials produced should encourage the routing of vehicles from the City of York Ring Road (A1237) and any regular delivery drivers shall be instructed to use that route and avoid Rufforth village.