Minutes
Planning Committee
Venue:
Council Chamber
Date:
12 November 2014
Present:
Councillors J Deans (Chair), R Musgrave (Vice
Chair), I Chilvers, J Crawford, Mrs D Davies, D
Mackay, Mrs E Metcalfe, C Pearson, D Peart, I
Reynolds, and S Shaw-Wright.
Apologies for Absence:
None
Officers Present:
Richard Sunter – Lead Officer, Planning, Louise
Milnes – Planning Officer, Calum Rowley –
Planning Officer, Ruth Hardingham – Planning
Officer, Kelly Hamblin – Senior Solicitor and
Palbinder Mann – Democratic Service Officer.
Public:
20
Press:
0
17.
DISCLOSURES OF INTEREST
There were no declarations of interest.
18.
CHAIR’S ADDRESS TO THE PLANNING COMMITTEE
Planning Code of Practice for Councillors
The Chair informed the Committee the new Code of Practice for Councillors and
Officers dealing with planning matters was now in effect after being agreed by Council.
It was explained that the new Code of Practice covered all aspects of planning matters
from dealing with applications to procedures at Planning Committee. A copy of the
new Code of Practice was provided to all members of the Committee. The Chair
added that if anyone had any queries concerning the Code of Practice they should
contact the Monitoring Officer in the first instance.
Legal Challenge to the Core Strategy
Planning Committee
12 November 2014
The Chair explained that further to the High Court challenge launched by Samuel
Smiths Old Brewery Trust to the Selby District Core Strategy, a judgement had been
hand down on Monday 27 October, which dismissed the case. It was explained that
the Core Strategy therefore carried the full weight of an adopted development plan.
The Committee were informed that Samuel Smiths Old Brewery Trust had made a
written application to the trial judge for permission to appeal, which was currently
under consideration.
The Syacamores, Sutton Lane, Byram
The Chair reported that the above appeal decision in respect of the above planning
application was issued on 6 November 2014. The appeal had been recovered by the
Secretary of State.
It was explained that the Inspector had recommended that the appeal be allowed and
planning permission granted for a temporary period of three years. The Committee
were informed that the Secretary of State had disagreed with the Inspector’s
conclusions and recommendations and had dismissed the appeal.
The Committee were informed however that the Secretary of State had disagreed with
the Inspector’s conclusions and recommendation and had dismissed the appeal.
The Chair explained that the Inspector had also recommended that a full award of
costs be allowed against the Council on the grounds that the Council had not provided
adequate evidence to justify the refusal. However, the Secretary of State disagreed
with the Inspector’s conclusions and rejected her recommendation for the reason that
the balancing exercise to be carried out by the planning decision maker is one of
judgement and therefore the Council was entitled to refuse planning permission
notwithstanding the advice from their officers. The Secretary of State therefore refused
the application for costs.
RESOLVED:
To note the Chairman’s Address
19.
MINUTES
The Committee considered the minutes from the last meeting held on 8 October 2014.
RESOLVED:
To APPROVE, the minutes of the Planning Committee on 8
October 2014, and they be signed by the Chair.
20.
PLANNING APPLICATIONS RECEIVED
Planning Committee
12 November 2014
20.1
Application:
Location:
Proposal
2014/0619/OUT
St Aidan’s Church, St Aidan’s Walk
Outline application with all matters reserved for
demolition of existing building and erection of a
three bedroom detached dwelling with integral
garage
The Planning Officer presented an application that had been brought before Planning
Committee due to the number of objections received. It was explained that the
proposed scheme was for the erection of one detached dwelling following demolition
of the existing building on the site.
The Planning Officer explained that the proposal was considered to be acceptable in
respect of matters of acknowledged importance such as climate change, flood risk,
drainage, affordable housing, impact on residential amenity, highway safety, and
protected species and it was considered that an appropriate detailed design could be
achieved at reserved matters stage.
The Committee were informed that the proposal accorded with the development plan.
Furthermore it was considered that the proposal accorded with the requirements of
paragraph 14 of the National Planning Policy Framework (NPPF) as well as the
overarching aims and objectives of the NPPF.
Within the officer update note, a further objection was outlined which had been
received since the publication of the report. The Planning Officer stated that the issues
raised in the representation had already been addressed in the detailed assessment of
the scheme contained within the report. The Planning Officer informed the Committee
that since the publication of the report, the property had been accepted onto the
Council’s Community Asset Register therefore if the building was offered for sale, then
there would be a period of six months for residents to prepare a bid. The Planning
Officer added that the applicant had stated that they would be appealing this decision.
Rachel Flounders, agent for the objectors, spoke in objection to the application.
Reverend Canon Susan Sheriff, applicant spoke in support of the application.
RESOLVED:
To APPROVE the application subject to delegation being given to
officers to complete the Section 106 Agreement to secure the
Affordable Housing contribution and subject to the conditions set
out at section 2.20 of the report.
20.2
Application:
Location:
Proposal
2014/0187/FUL
Brockadale Alpaca Stud, Jackson Lane,
Wentbridge
Siting of timber cabin for a rural worker
Planning Committee
12 November 2014
The Planning Officer presented an application that had been brought before the
Planning Committee due to it being a departure from the Development Plan and as the
application had received more than 10 representations to which the recommendation
was contrary to.
It was explained that the proposal was for permission for the siting of a timber cabin
for use as a dwelling for an essential rural worker in connection with alpaca breeding,
rare poultry breeding, charcoal production and dog breeding enterprise at the
Brockadale Alpaca Stud.
The Planning Officer explained that the circumstances put forward by the applicant
had been assessed by the Council’s Agricultural Consultants, who had concluded that
in considering all the relevant evidence, it was their opinion that there is the need for
one permanent agricultural worker to live on site and had suggested that permission
for a temporary dwelling be granted in association with the business, to allow the
business to prove itself.
The Planning Officer stated that it was considered that on balance the harm to the
Green Belt and any other harm was outweighed by the essential need for a rural
worker to live permanently at, or, near the site.
Within the officer update note, a consultation response from Natural England was
outlined.
Janet Burgwin on behalf of the agent spoke in support of the application.
RESOLVED:
To APPROVE the application subject to conditions detailed in
section 3.0 of the report.
20.3
Application:
Location:
Proposal
2014/0912/COU
Little Oakes Donkey Sanctuary, Cobcroft Lane,
Cridling Stubbs
Change of use of agricultural land to extension of
Little Oaks Donkey Sanctuary including segregation
yard/stables
The Planning Officer presented an application that had been brought before the
Planning Committee at the request of the Ward Councillor, Councillor Sue Ryder, who
had requested the application be heard at Planning Committee on the grounds that the
application “should be considered under very special circumstances due to the
concerns of the owners” and that “the stallions need to be segregated for their own
safety and the safety of the public”.
The Planning Officer stated that the applicant was seeking a change in use of
agricultural land to an extension of the Little Oakes Donkey Sanctuary and the
replacement of the existing stables with four new stables, a treatment room and a
segregation yard.
Planning Committee
12 November 2014
The Committee were informed that the applicant had put forward a case in order to
seek to demonstrate that very special circumstances existed to support why the
proposal should be approved within the Green Belt. The Planning Officer explained
that it was considered that case outlined in the supporting evidence submitted was not
sufficient to outweigh the harm to the Green Belt, by reason of inappropriateness, and
therefore it was considered that the proposal failed to accord with Policy SP3B of the
Core Strategy and the advice contained within the NPPF.
A proposal was proposed and seconded to approve the application. The reasons
given for this were that there were very special circumstances and case put forward by
the applicant to look after the donkeys was based on the needs of health and safety
and animal welfare and this outweighed the harm to the Green Belt. As a result of this,
it was stated that the proposal was in accordance with Policy SP3B of the Core
Strategy and the NPPF.
The reasons put forward for approval also stated that the proposal was not considered
to have a detrimental impact on the character and form of the open countryside,
residential amenity, and was acceptable in terms of flood risk, drainage, nature
conservation and highway safety and was in accord with Policies ENV1, RT9, RT10
and T1 of the Selby District Local Plan and Policies SP1, SP2, SP19(a) and (b) of the
Core Strategy Local Plan.
RESOLVED:
To APPROVE the application subject to appropriate conditions
being drawn up by the Planning Officer.
The Chair closed the meeting at 5.09pm.
Planning Committee
12 November 2014