SELBY DISTRICT COUNCIL by HC120209075558

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									                               SELBY DISTRICT COUNCIL

Minutes of the proceedings of a meeting of the PLANNING COMMITTEE held on
WEDNESDAY 18 DECEMBER 2002 in Committee Rooms 1 & 2, The Civic Centre, Portholme
Road, Selby commencing at 4.00 pm.

CONTENTS

556.   Planning Applications Received
557.   Appointment of Site Visits Sub-Committee
558.   Urgent Appeal Decisions
559.   Appeal Decision – Land off Weeland Road, Eggborough
560.   Review of the Council’s Planning Policy and Procedures in compliance with Human
       Rights Act 1998
561.   Presentation of the Council’s Case on proposed Bramham MSA (Site Specific Issues) –
       Public Enquiry into MAS Provision M1/A1(M) Corridor
562.   Private Session
563.   Enforcement Action Undertaken by the Local Planning Authority



PRESENT: Councillor J Crawford in Chair.

Councillors: A Cawood (for W Harrison), Mrs D Davies, Mrs S A Duckett, Mrs J Dyson, B
Marshall, Mrs W May (for J Duggan), W Norton, M Patrick, C Pearson, S Shaw-Wright, D
Wilson.

Officers: Director of Legal & Planning Services, Acting District Solicitor, Principal Planning
Officer, Senior Planning Officer, Senior Environmental Health Officer, Parks and Leisure
Officer, Committee Administrator.


553.       APOLOGIES FOR ABSENCE AND NOTIFICATION OF SUBSTITUTION

           Apologies for absence were received from Councillors Mrs R Cunliffe, D Durham, J
           Duggan, W Harrison, I Nutt, J Snowball and C Watkinson.

554.       DISCLOSURE OF INTEREST

           In accordance with the National Code of Conduct Councillor A Cawood declared an
           interest in Minute 556 following (Enforcement Action undertaken by the Local
           Planning Authority – Former Airfield, Lennerton Lane, Sherburn in Elmet) and took
           no part in the discussion or voting thereon.

555.       MINUTES

           Members were asked to approve proposed conditions in relation to planning
           application 8/62/151B/PA – Proposed siting of a temporary mobile home in
           association with turf growing business on land off Ryther Lane, Brackenhill, Church
           Fenton.


                                     Planning Committee
                                      18 December 2002
       RESOLVED: i) That the minutes of the proceedings of a meeting of the
       Planning Committee held on Wednesday 27 November 2002 be confirmed as a
       correct record and be signed by the Chair; and

       ii) that the schedule of conditions in relation to Planning Application
       8/62/151B/PA be approved.

556.   PLANNING APPLICATIONS RECEIVED

       Consideration was given to the schedule of planning applications submitted by the
       Director of Legal and Planning Services.

       RESOLVED: That the applications set out in the agenda be dealt with as
       follows;

       1.    8/ 10/168/PA – Proposed conversion of and extension to existing detached
             garage to provide detached elderly relative accommodation and the erection
             of attached garage to existing dwelling (amended scheme) at 22 Dower
             Chase, Escrick, York.

             WITHDRAWN.


       2.    8/15/303/PA – Proposed erection of 2 No detached dwellings with garages on
             land to the rear of 23 Selby Road, Riccall, York.

             The Planning Officer reported receipt of comments from the Highway
             Authority who had noted that the applicant was willing to finance
             improvements to achieve visibility but was not willing to accept the road
             becoming an adoptable highway. They were still recommending refusal
             because in their opinion there was no control over limitation of traffic.

             The Planning Officer made reference to PPG3 being a material consideration
             and PPG7 and Policy H9 of the Selby District Local Plan. In light of these he
             was unable to accept the Highway Authority’s reasons for refusal.

             DEFERRED for a site visit to enable Members to consider concerns in
             relation to the development being outside the village development limits
             and highway issues.


       3     8/18/308/PA – Proposed erection of two storey extension on the side
             elevation of existing dwelling at 27 St Mary’s Avenue, Hemingbrough, Selby.

             PERMISSION REFUSED as recommended.


       4     8/19/78E/PA - Proposed change of use from A1 (sandwich bar) to A3 (hot
             food) at Better Butties, 28 Denison Road, Selby.



                               Planning Committee
                                18 December 2002
    The Planning Officer reported receipt of a petition with 307 signatures.

    Mrs Saville, the Applicant, was in attendance at the meeting and spoke in
    support of the application. She said when she had applied for an A3 licence
    for Betta Butties she had been told that it may not be necessary to apply for a
    A3 licence, depending on the amount of hot food being sold. Hot food sales
    were increasing because of winter, no additional noise and odours would be
    generated, no objections had been received to the present operation, the shop
    provided a good service to residents and she collected litter twice a day.
    Many of the residents who had originally been against the shop said they had
    been mislead and were now using it.

    Mrs Saville also referred to objections from the local Fish and Chip Shop and
    the Abbots Road Tenants’ Association, who had had a meeting to discuss the
    application, to which she was not invited.

    Councillor Mrs D Davies confirmed that she had attended that meeting but
    had not spoken and had not signed the petition.

    The Planning Officer and Senior Environmental Health Officer explained that
    they were sympathetic to the applicant but if permission was granted for A3
    class use, they had to bear in mind the future use of the premises. Their view
    was that the applicant could still continue operating and expand the hot food
    sales under the A1 class. The Environmental Health Officer would be willing
    to act co-operatively with the Applicant in relation to the sale of hot foods.

    PERMISSION REFUSED as recommended.


5   8/19/541H/PA – Reserved matters application for the erection of 52
    dwellinghouses with associated garages/parking, sewers/drainage,
    landscaping and means of access on 1.4 ha of land off Coupland Road, New
    Millgate, Selby.

    The Planning Officer reported that the Environment Agency had requested a
    condition requiring the finished floor levels to be 600mm above ground level.

    The Highway Authority had recommended the addition of 7 conditions in
    relation to the access/driveways and turning space.

    The Planning Officer referred to an issue in relation to access to land either
    side of the site, which had been allocated in the Selby District Local Plan.
    They wanted to see a more satisfactory access to these two pieces of land.

    It was recommended that the condition should be strengthened to state that
    the development should be completed entirely in accordance with the
    submitted drawings and obtain additional drawings illustrating the access to
    these two pieces of land and to request a contribution of £7,000 (£5,000 for
    highway improvements and £2,000 for traffic calming). It may be necessary to
    request the applicant to complete a Section 106 Agreement to clarify these
    matters.

                       Planning Committee
                        18 December 2002
     DEFER for receipt of comments from the Parks and Leisure Officer and
     other consultees on the revised plans. If no adverse comments are
     received as a result of this the Planning Officer be given delegated
     authority to grant permission subject to:

     a) the addition of 7 highway conditions relating to access/driveways and
        turning space
     b) the addition of an Environment Agency condition in relation to
        finished floor levels
     c) the recommended condition being strengthened to state that the
        development should be completed entirely in accordance with the
        submitted drawings and additional drawings illustrating the access to
        these two pieces of land being obtained and to request a contribution
        of £7,000 (£5,000 for highway improvements and £2,000 for traffic
        calming). It may be necessary to request the applicant to complete a
        Section 106 Agreement to clarify these matters.



6.   8/29/198A/PA - Revised Application – Proposed erection of 24 detached,
     semi-detached and terraced dwellings with associated garaging/parking,
     walls/railings/fencing, road/sewers and access on 1.7 ha of land to the north
     and rear of Carinya, to the rear of Lyndean and to the north of Holland Court,
     Low Street, Carlton, Goole.

     The Planning Officer reported receipt of representations from North
     Yorkshire Police in relation to the revised plans. They referred to requesting a
     gable window in Plot 16, the need for robust play equipment and security
     fencing.

     Mr Harding was in attendance at the meeting and spoke against the
     application. He referred to his personal objections which related to the
     proposed 3 storey extension behind his house but which had now been
     addressed and changed to a 2 storey, he did not like the look of plot 4, he
     objected to loss of privacy and was concerned regarding the loss of his land.
     He had spoken to Barratts regarding his land and was willing to co-operate.

     Mr Harding also referred to representations from other neighbours some of
     whom were aggrieved that they had not received notification of the latest
     amended scheme and felt the application was being rushed through. Other
     concerns related to some of the houses being built over a fault line and
     flooding issues, they did not agree that there was a 1 in 200 year risk of
     flooding.

     Mrs Hubbard was in attendance and spoke on behalf of the applicant. She
     confirmed that the play area and open space would be fenced and if it did not
     affect the layout of plot 16, she was sure a window could be placed in the
     gable. In relation to the dwellings being built over a fault, Barratt’s structural
     engineers were satisfied they could build on the site.


                        Planning Committee
                         18 December 2002
     Mrs Hubbard also referred to there being no objections to the housing
     allocation for this site in relation to the Local Plan. The applicant was also
     providing twice a much open space as this scheme required She asked that
     delegated authority be given to the Planning Officer to look at the conditions
     proposed as there was tension between some of the conditions and they could
     be rationalised without changing what the officers wanted to achieve.

     The Planning Officer stated that discussions would need to take place with the
     Parish Council in relation to the Section 106 Agreement and any revised
     conditions and the Section 106 Agreement would need to come back to the
     Planning Committee for approval.

     That the Committee is minded to grant permission subject to the
     proposal being advertised as a departure and the completion of a Section
     106 Planning Obligation Agreement with respect to the provision,
     maintenance and transfer (to a body acceptable to the District Council) of
     the recreational open space delineated in the supporting statement
     provided by the applicants.


7.   8/35/362/PA - Proposed erection of a two storey extension on the side
     elevation to provide additional living accommodation at 8 Abbott’s Gardens,
     Cawood, Selby.

     Mr Orme, the Applicant, was in attendance at the meeting and spoke in
     support of his application. As requested papers had been circulated to
     Members of the Committee on behalf of Mr Orme in relation to his
     application. He made reference to inaccuracies within the Officer’s report,
     the history of the application site in relation to the existing trees and urged
     Members to support his original proposal to have the proposed development 4
     m away from the Acer tree rather than 4.5m, as he felt that this would
     improve the external appearance of the extension and would have a minimal
     effect on the tree.

     The Parks and Leisure Officer stated that his concern was that although the
     Acer tree was young now, it could potentially grow 16m high and have a
     crown spread of 13m. At a distance of 4.5m away from the extension he had
     already given some allowance.

     PERMISSION REFUSED as recommended.


8.   8/51/47A/PA - Revised outline application for the erection of two detached
     dwellings (following demolition of existing Birch Grove) on 0.15 ha of land
     at Birch Grove, Main Street, Birkin, Knottingley.

     The Planning Officer reported an amended to the title of the application it
     should have referred to a revised outline application for the erection of two
     detached dwellings ….



                        Planning Committee
                         18 December 2002
      PERMISSION GRANTED subject to the recommended conditions.


9.    8/55/130E/PA – Agricultural Appraisal – proposed outline application for the
      erection of a bungalow and garage with associated access at Meadow Farm,
      Hillam Common Lane, Hillam., Leeds.

      The Planning Officer reported receipt of comments from the Internal
      Drainage Board who recommended the addition of a condition in relation to
      the structure being build 7m away from the watercourse.

      The Highway Authority had also recommended the addition of a condition in
      relation to surface water running onto the highway.

      The Parish Council had responded to re-consultation on the revised
      application and had said that they would like to see a copy of the professional
      financial accounts. They questioned the figures provided and the success of
      the business, they felt that the siting of the bungalow should be closer to the
      complex and they were unaware of the business having the number of animals
      alleged.

      PERMISSION GRANTED subject to the recommended conditions and
      the addition of an Internal Drainage Board condition concerning the
      development being build 7m away from the watercourse and a Highway
      condition concerning the surface water running onto the highway.



10.   8/55/171PA – Proposed residential development including the conversion of
      the existing outbuilding into one two storey dwelling, together with the
      erection of a detached double garage, and the erection of a new dwelling
      following the demolition of the existing bungalow on land at Orchard View,
      Main Street, Hillam, Leeds.

      The Planning Officer reported receipt of a letter from the Applicant, which
      asked Members to make a site visit before making a decision on the
      application.

      The Planning Officer also referred to comments from the Highway Authority
      in relation to the re-siting of the access. They believed the amended siting had
      only marginally improved the visibility and recommended refusal.

      The Conservation Area Advisory Committee had raised no objections in
      principle but had concerns in relation to the roof lights in the barn
      conversion.

      Mr Birkitt, the applicant, was in attendance to speak but agreed that he would
      not speak today if the application was to be considered at a site visit.

      DEFERRED for a Site Visit to enable Members to consider concerns
      regarding highway issues.

                         Planning Committee
                          18 December 2002
11.   8/55/171/PA – Proposed conservation area consent for the demolition of a
      detached bungalow at Orchard Cottage, Main Street, Hillam, Leeds.

      The Planning Officer reported receipt of a letter from the Applicant, which
      asked Members to make a site visit before making a decision on the
      application.

      The Planning Officer also referred to comments from the Highway Authority
      in relation to the re-siting of the access. They believed the amended siting had
      only marginally improved the visibility and recommended refusal.

      The Conservation Area Advisory Committee had raised no objections in
      principle but had concerns in relation to the roof lights in the barn
      conversion.

      Mr Birkitt, the applicant, was in attendance to speak but agreed that he would
      not speak today if the application was to be considered at a site visit.

      DEFERRED for a Site Visit to enable Members to consider concerns
      regarding highway issues.


12.   8/73/14CH/PA – Amended Description – Proposed erection of a new bottling
      facility (existing vehicle depot to be demolished), alteration to existing
      vehicular access, formation of temporary access for construction traffic and
      upgrading works to A162/A659 road junction at John Smith's Brewery,
      Tadcaster.

      The Planning Officer reported that Environmental Health had raised no
      objections subject to the addition of two conditions relating to noise boundary
      noise levels and working practices.

      The Highway Authority had raised a number of questions in relation to traffic
      generation and disturbance. They had requested the additional a two highway
      conditions to replace the recommended condition no 4.

      Deferred for receipt of comments from the Highways Agency and
      additional representations being received as a result of the proposal being
      advertised. If no adverse comments are received as a result of this, the
      Planning Officer be given delegated authority to grant permission subject
      to :

      a) the recommended conditions, with the exception of condition 4 which
         is to be replaced with two highway conditions; and

      b) the addition of two Environmental Health conditions relating to noise
         boundary levels and working practices.



                         Planning Committee
                          18 December 2002
557.   APPOINTMENT OF SITE VISITS SUB COMMITTEE

       RESOLVED: That a Sub Committee comprising the Chair of the Committee
       and Councillors Mrs D Davies, Mrs J Dyson, W Norton, M Patrick, C Pearson,
       D Wilson be appointed to carry out the site visits arranged for Friday 3 January
       2003.

558.   URGENT APPEAL DECISIONS

       None.

559.   APPEAL DECISION – LAND OFF WEELAND ROAD, EGGBOROUGH

       Members were informed of the outcome of an appeal decision in relation to the non-
       determination of planning application 8/37/29F/PA for 89 dwellings on land off
       Weeland Road, Eggborough. The appeal had been allowed.

       RESOLVED: That the decision of the Planning Inspector to allow the appeal,
       reference number APP/N2739/A/02/1088347 for 89 dwellings on land off
       Weeland Road, Eggborough (Planning Application 8/37/29F/PA) be noted.

560.   REVIEW OF THE COUNCIL’S PLANNING POLICY AND PROCEDURES IN
       COMPLIANCE WITH HUMAN RIGHTS ACT 1998

       Members were asked to review and appraise the Council’s existing planning policies
       and procedures in the light of the Human Rights Act 1998, and as a follow up to an
       earlier report submitted to the Council’s Planning Committee.

       RESOLVED: i) That the report and appendices be noted; and

       ii) that the action points and proposed course of action as outlined within
       paragraphs 19 and 20 of the report be approved, including a request to the
       Policy and Resources Committee to adopt the revised Enforcement and
       Prosecution Policy appended to the report.


561.   PRESENTATION OF THE COUNCIL’S CASE ON PROPOSED BRAHAM MSA
       (SITE SPECIFIC ISSUES) – PUBLIC INQUIRY INTO MSA PROVISION
       M1/A1(M) CORRIDOR

       Members were provided with an appraisal of the Case to be presented on their behalf
       in January 2003 and were informed of the contents of the Environmental Statement,
       submitted since the last report to Planning Committee.

       The Principal Planning Officer circulated a letter received from the Department of
       Culture, Media and Sport informing that the Crossroads Farm range of buildings had
       recently been listed as Grade II. This would have consequences for the treatment of
       and development affecting this building and had complicated the matter.

       The Conservation Officer had now become involved in this matter and was due to
       meet with the Council’s witness and the appellant.

                                Planning Committee
                                 18 December 2002
       RESOLVED: That the proof of evidence submitted to the Joint Public Inquiry
       be agreed on the Council’s behalf and that the contents of the Environmental
       Statement submitted by the Applicants be noted.


562.   PRIVATE SESSION

       RESOLVED: That in accordance with Section 100(A)(4) of the Local
       Government Act 1972 in view of the nature of the business to be transacted the
       meeting be not open to the press and public during discussion of the following
       items as there will be a disclosure of exempt information as defined in Section
       100(1) of the Act as described in paragraphs 12 & 13 of Part 1 of Schedule 12A
       to the Act.

       Exempt Information – Description No 12

       Any instructions to counsel and any opinion of counsel (whether or not in
       connection with any proceedings) and any advice received, information obtained
       or action to be taken in connection with:
       (a) any legal proceedings by or against the authority; or
       (b) the determination of any matter affecting the authority, (whether, in either
           case, proceedings have been commenced or are in contemplation).

       Exempt Information – Description No 13

       Information which, if disclosed to the public, would reveal that the authority
       proposes:

       (a) to give under any enactment a notice under or by virtue of which
           requirements are imposed on a person; or
       (b) to make an order or direction under any enactment.

563.   ENFORCEMENT ACTION UNDERTAKEN BY THE LOCAL PLANNING
       AUTHORITY
       (Exempt Information – Description Nos 12 & 13)

       Members considered the report of the Director of Legal and Planning Services which
       gave a resume of enforcement action undertaken by its officers and to provide an
       overview of the enforcement powers available to a local planning authority. The
       report and the enclosure provided herewith correlated and was in conjunction with
       the Best Value Improvement Plan for Planning and Conservation, which was
       reported to Members on a quarterly basis.

       RESOLVED: That the report and enclosures provided be noted.



                  The Chair declared the meeting closed at 6.25 pm



                                Planning Committee
                                 18 December 2002

								
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