North Yorkshire Council
Community Development Services
Selby and Ainsty Area Planning Committee
12th March 2025
ZG2022/1444/FULM - Change of use from Agricultural to Sports Field F2 (outdoor sports facility) including associated infrastructure (fencing, flood lights) at Land Off Friars Meadow, Friars Meadow, Selby
Report of the Assistant Director - Planning – Community Development Services
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1.0 Purpose of the Report 1.1 To determine a planning application for the change of use from Agricultural to Sports Field F2 (outdoor sports facility) at Land Off Friars Meadow, Selby 1.2 This has been brought to Planning Committee as the Head of Planning Development Management as it is considered that the planning application raises significant planning issues such that it is in the public interest for the application to be considered by committee. The application has also been referred to Committee by the Division Member, Councillor Shaw-Wright. |
2.0 SUMMARY
RECOMMENDATION: That planning permission be REFUSED for the reasons set out below.
2.1. Planning permission is sought for the change of use of agricultural land to a sports facility at land off Friars Meadow, Selby. An athletics track is proposed along with field sports, equipment store, floodlighting, boundary fencing and on-site parking. This application is for the change of use of the land only with supporting information supplied showing the proposed site layout and the facilities to be provided, as well as access and parking. Separate applications for installation of the track and the erection of any buildings would be required in the future.
2.2. The site is located outside of the established development limit for Selby, to the north-east of Friars Meadow. Access to the site is via Friars Meadow and uses an existing private access that serves 3 dwellings.
2.3. Representations have been received, both supporting and objecting to the proposal. Key objections are the impact of the proposal on the amenity of Friars Meadow residents, transport and parking. There are no statutory consultee objections to the proposal. The proposal would provide a sports facility for Selby and is in a suitable location on the edge of the town. However, the use of Friars Meadow and the private access to gain access the site and the resulting increase in vehicular and pedestrian movements on this road is considered to result in detriment to the residential amenity of those residents. The application is therefore recommended for refusal on the grounds of harm to residential amenity.
3.0 Preliminary Matters
3.1. Access to the case file on Public Access can be found here: -
3.2. The following applications relate to part of the application site:
· 2018/0004/OUT - Outline application for a proposed self build plot for 1 detached dwelling house with all other matters reserved. REFUSED 24.04.2018. APPEAL DISMISSED
· 2019/0147/OUT - Outline application for erection of up to two self-build plots with all matters reserved. REFUSED 06.06.2019. APPEAL DISMISSED
· 2021/0003/OUT - Outline planning application for self build development with all matters reserved. REFUSED 19.03.2021. APPEAL DISMISSED
4.0 Site and Surroundings
4.1. The application site comprises a rectangular field to the north of Selby. The site is flat and last used for pasture. There are fields to the east and north, a further field and allotment to the north-west. To the south-west are dwellings. Access to the site is via Friars Meadow, which leads to an unadopted road beyond the turning head of the road. The site has hedgerows to the eastern and northern boundaries and a post and rail fence to the south-west and west.
4.2. The development limit for Selby runs along Friars Meadow and the front of the dwellings to the north-west. The site lies outside of the development limit and is in open countryside. The site lies within flood zones 2 and 3 and Brick Clay and Sand Gravel safeguarding areas. The site is not within a conservation area and there are no listed buildings within or abutting it.
5.0 Description of Proposal
5.1. This application seeks permission for the change of use of agricultural lands to a sports facility.
5.2. A site layout plans shows the creation of an all-weather running track comprising 8 lanes for 110m long sprint and 6 lanes for the 200m track. Within the track will be provision for field sports, including high jump, shot put and pole vault. Long jump is to the outside of the track. An outdoor gym is proposed to the north of the site. A trim trail will run around the site perimeter. Space is shown for a future building/clubhouse (no details provided as part of this application; these will form future applications). The site will be surrounded by a 3m high perimeter fence. The site will be illuminated by 6x 15m high floodlighting masts.
5.3. Car parking is shown to the south of the site, providing 13 parking spaces and 2 disabled spaces. A cycle shelter is also proposed. Access to the site will be from Friars Meadow, crossing a section of private road that leads between Friars Meadow and dwellings to the north-west. No information has been provided as to how services will be provided to the site, to provide electricity and water (for the floodlights, proposed amenity block etc).
6.0 Planning Policy and Guidance
6.1. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that all planning authorities must determine each application under the Planning Acts in accordance with Development Plan so far as material to the application unless material considerations indicate otherwise.
Adopted Development Plan
6.2. The Adopted Development Plan for this site is:
- Selby District Local Plan, adopted on 8 February 2005
- Selby District Core Strategy Local Plan, adopted on 22 October 2013
- Minerals and Waste Joint Plan, adopted 2022
Emerging Development Plan – Material Consideration
6.3 The Emerging Development Plan for this site is:
- Selby District Council Local Plan publication version 2022 (Reg 19)
On 17th January 2025, a report was taken to the Selby and Ainsty Area Committee and Development Plans Committee recommending that work on the emerging Selby District Council Local Plan is ceased. This recommendation was taken to North Yorkshire Council's Executive on 4 February and then North Yorkshire Council's Full Council on 26 February and it was resolved that work on this plan will now cease.
Having regard to the above, no weight is to be applied to the Selby District Council Local Plan publication version 2024 (Reg 19), but some weight may be able to be given to the evidence base.
- The North Yorkshire Local Plan - no weight can be applied in respect of this document at the current time as it is at an early stage of preparation.
Guidance - Material Considerations
6.3. Relevant guidance for this application is:
- National Planning Policy Framework 2024
- National Planning Practice Guidance
7.0 Consultation Responses
7.1. The following consultation responses have been received and have been summarised below.
7.2. Parish Council - No response received within target timescale.
7.3. Environment Agency - No response received within target timescale.
7.4. Environmental Health – Concerns raised regarding noise, lighting, general construction. Recommend conditions relating to compliance with Noise Impact Assessment, hours of operation, number of members on site at any one time, floodlight times and hours of construction.
7.5. Yorkshire Water – No response received within target timescale.
7.6. Internal Drainage Board – Comments provided and request conditions.
7.7. LLFA – as infrastructure to be applied for in future, applicant needs to be aware that there is no guarantee that surface water can be discharged from the site. No objection to the principle.
7.8. Highways – No objections subject to conditions.
7.9. Ecology – No priority habitats are likely to be affected and there are few risks to protected species. The recommendations of the report should be taken into account when applying for specific groundworks. The application predates mandatory Biodiversity Net Gain requirements.
7.10. Natural England – No response received within target timescale.
7.11. Tree officer – No objection, recommend that cherry trees should be retained as screening.
7.12. Sport England – Application will meet an identified demand for athletics in the Selby Area. Do not object to the application.
7.13. Fields in Trust - No response received within target timescale.
7.14. Conservation Officer – No response received within target timescale.
7.15. NY Police – As principle of development sought at this time request further consultation when more specific details are known.
7.16. Contaminated Land – Site is former agricultural land and contamination is not suspected to be present. Recommend reporting of unexpected contamination condition be applied to any approval.
7.17. NY Fire and Rescue – No objection or observation to make
7.18. NYC Heritage – No objection.
7.19. Public Rights of Way – No response received within target timescale.
Local Representations
7.20. The application was advertised by site and press notices, which expired on 22.6.2023. Following amendments, a further site notice was posted, which expired on 5.9.2023. 116 representations have been received. A summary of the comments is provided below, please see website for full comments.
7.21. Objections: 39 (multiple letters received from several writers)
· Detrimental to residential amenity
· Loss of privacy
· Increased noise and disturbance
· Detrimental impact on wildlife
· Detrimental to existing trees
· Highways issues: narrow road, access partially in separate ownership, access track unsurfaced (who will maintain), inadequate parking and turning, poor public transport links
· Concern will lead to increased crime
· Increased flood risk/poor drainage
· Loss of agricultural land
· Site unsustainable, what happens if VOYAC want to expand?
· Concern that site will be used for competitions
· People will not walk/cycle/run to site
· Will not allow access across adjoining neighbours land
· How will waste be removed?
· Construction: noise, disturbance, vibration, Friars Meadow unsuitable for heavy vehicles
· Supporters of the application are not local residents
· Over-development
· Light pollution from floodlights
· Loss of green space, site outside of development limit
· Better location elsewhere in Selby
· No neighbour consultation by applicant
· Loss of house value (Note: this is not a planning matter)
7.22. Support – 94 letters received:
· Great opportunity to improve physical and mental health of children in Selby, especially teenagers, will reduce anti-social behaviour
· Provides dedicated facility for the applicant and will prevent travel to facilities at York or Goole
· Will be a great location for events
· Location sustainable
· Supported by Selby District Playing Pitch Strategy, there is a lack of investment in athletics compared to other sports
· Noise impact will be low
· Members will run/cycle and walk to site
· Well-designed, proposal will be attractive and provide landscaping and wildlife benefits
8.0 Environment Impact Assessment (EIA)
9.0 Main Issues
9.1. The key considerations in the assessment of this application are:
- Residential Amenity
- Ecology
- Landscape
- Flood Risk and Drainage
- Minerals and Waste
10.0 ASSESSMENT
Principle of Development
10.1. Policy SP1 of the Selby District Core Strategy Local Plan ('The Core Strategy') seeks a positive approach to the consideration of development proposals that reflects the presumption in favour of sustainable development established in Paragraph 11 of the NPPF and secures development that improves the economic, social and environmental conditions in the area.
10.2. The NPPF seeks to promote healthy communities through the provision of sports facilities (paragraphs 96(c) and 98(a)).
10.3. Policy SP12 of the Core Strategy promotes opportunities relating to recreation.
10.4. Selby District Council Playing Pitch Strategy & Action Plan (April 2021) and Assessment Report 2020 and comments from Sport England identify a need for formal athletics facility in Selby.
10.5. Policy RT3 of the Selby District Local Plan supports new sports and recreational facilities subject to the following criteria:
1) The proposal would not be so intrusive as to seriously detract from the character of the area by virtue of its appearance or associated noise;
2) The proposal would not create conditions prejudicial to highway safety or which would have a significant adverse effect on local amenity;
3) New buildings or structures would be well designed and appropriately landscaped; and
4) The facilities are designed in such a way as to allow easy access and active participation by disabled people in sport.
Criteria 1 – character of the area
10.6. The proposed layout of the site shows an athletics track with sprint straight, field sports and an outdoor gym. These elements of the proposal will be at ground level and unlikely to be visible from outside the site, subject to retention and enhancement of boundaries. The proposed buildings will have an impact, however the extent of this is currently unknown as they will form future applications.
10.7. Six 15m high floodlighting columns are proposed and these will be visually intrusive in the local area, although there will be some screening at base level from existing vegetation. The floodlights will be fitted with cowls to restrict light spill and will be switched off by timer by 2100 hours. As the proposal is for athletics, the lighting levels are not as great as those required by ball sports, such as football and hockey. By their nature floodlights will have an impact on the appearance of the area, especially during the winter months where they will used for longer periods, however as the site is on the edge of the built-up area, it will be seen against a backdrop of existing lighting levels.
10.8. The applicant states that the proposal will used by a maximum of 24 participants simultaneously with no whistles or starting guns to be used on site and that it will not be used for competitions. A noise assessment has been submitted in support of the application which sets out an Action Plan of mitigation to address noise disturbance to a point that is reasonably practical. Subject to the development being implemented in compliance with the Action Plan there is no objection from the Environmental Health Officer.
10.9. In terms of Criteria 1 it is considered that there would be an impact on the character of the area due to appearance of the facility and the lighting columns, however this would be viewed against the backdrop of existing built form and lighting levels. On balance this is considered to be acceptable. With regards to noise, subject to conditions relating to implementation of the Action Plan and hours of construction it is not considered that there would be any detriment in terms of noise.
Criteria 2 – highways and local amenity
Highways
10.10. Friars Meadow is a cul-de-sac serving 8 detached dwellings. There is a footpath along one side of the carriageway. At the end of the road there is a private drive, marked with gate pillars, which serves 3 more dwellings and is surfaced with a mix of gravel and grass. The site would be accessed from this private drive which is shown to be widened to 4.5m between Friars Meadow and the site access. 13 parking spaces and 2 disabled parking spaces will be provided on site.
10.11. The applicant has provided further information in support of the proposal including a Travel Plan. It is stated that as an athletics club, walking and cycling to the site will be promoted and that the site is well connected to Selby and close to a bus stop. A management strategy will limit club users per session to 25 and anticipate 9 vehicles travelling to the site per day. It is not clear however whether this is 9 vehicles per session, and it is noted that there are likely to be more than one session a day.
10.12. The Highway Authority has considered the proposal and the submitted information and has raised no objection to the proposal, subject to recommended conditions. It is not considered that the proposal would be prejudicial to highway safety.
Amenity
10.13. Light traffic currently uses Friars Meadow, and it is a quiet road. There are no parking restrictions, and it is verged on one side. The access to the site is narrow and although the applicant has sought to demonstrate that the two cars can pass in the access, it is considered that this is unlikely to occur in practice. Notwithstanding the promotion of active travel to the site, it is also considered likely that for junior sessions and in bad weather, there will be an increase in vehicular activity to the site. Given the site constraints at the access, increased parking, waiting and manoeuvring on Friars Meadow cannot be ruled out. There will be noise and disturbance from car headlights, particularly to the dwellings at the head of the cul-de-sac, vehicle engine noise and car doors closing.
10.14. It is noted as well that the private access serves three existing dwellings. There is potential for increased use of the access to result in obstruction and impact on the existing residents.
10.15. Noise from the site itself will be controlled through the Action Plan set out in the Noise Assessment, however there will also be increased noise from vehicles movements and pedestrians.
10.16. It is considered that activity on Friars Meadow will fundamentally change resulting in a detriment to the residential amenity of occupants. It is not considered that criteria 2 is met.
Criteria 3 – new building design and landscaping
10.17. This application is for the change of use of the land and no building details have been submitted for consideration. It is understood however that the proposed buildings will comprise of clubhouse, a storage container and cycle shelter. Subject to these being no more than single storey in height, in principle the proposed structures would be appropriate subject to details, and those details would follow with new applications.
10.18. Existing hedgerows and the cherry trees to the front of the site would be retained. This would screen the development from Monk Lane. The proposed structures would be within the site and any future application would be expected to show any proposed landscaping.
10.19. It is not considered that this criterion can be met at this time as the proposed buildings will be subject to separate planning applications
Criteria 4 – access and active participation by disabled people in sport
10.20. The proposal shows 2 disabled parking spaces to be provided onsite, however there is no further information provided to demonstrate that the facilities would be accessible to disabled persons. However, it is noted that an asphalt track is shown around the perimeter of the site which (subject to surfacing and width) would allow wheelchair use. Any forthcoming application for buildings would need to demonstrate that the facilities will be accessible.
10.21. It is not considered that this criterion can be met at this time as proposed buildings will be subject to separate planning applications.
Residential Amenity
10.22. Policy in respect to effects on the character of the area or the amenity of adjoining occupiers is set out in Local Plan Policy ENV1.
10.23. The use of the site will result in an element of noise and disturbance to neighbouring dwellings. Noise and floodlighting can be controlled via condition. Athletics is a quieter sport than ball sports, whereby shouting and ball noise is more comment. It is therefore considered that the athletics use itself would not result in detriment to residential amenity.
10.24. Friars Meadow is a quiet road and lightly trafficked with no parking restrictions. The access to the site currently serves 3 dwellings and is narrow. Although the applicant has sought to demonstrate that the two cars can pass in the access, it is considered that this is unlikely to occur in practice. Given the site constraints at the access, increased parking, waiting and manoeuvring on Friars Meadow cannot be ruled out. In addition, there will be noise and disturbance from car headlights, vehicle engine noise and car doors closing. Although this would affect all dwellings on Friars Meadow, the dwelling adjacent to the access would be most affected.
10.25. The three dwellings served by the private access would also be impacted through increased use of the access and potential obstruction and impact on the existing residents.
10.26. Overall it is considered that increased activity on Friars Meadow from the development and access to the site, would result in a detriment to the residential amenity of occupants, contrary Policy ENV1(1) of the Selby District Local Plan.
Ecology
10.27. Relevant policies in respect of nature conservation include Policy ENV1 (5) of the Selby District Local Plan and Policy SP18 of the Core Strategy and NPPF. Paragraph 187 (NPPF) recognises the need for the planning system to contribute to and enhance the natural and local environment by recognising the wider benefits of ecosystems and minimising impacts on and providing net gains in relation to biodiversity. The application was submitted prior to mandatory biodiversity net gain.
10.28. An ecological appraisal was submitted which confirms there are no priority habitats likely to be affected and there are few risks to protected species. It is recommended that for future applications for specific works the information contained within the appraisal should be used to produce a Biodiversity New Gain plan quantifying losses and gains. Informatives are recommended to be attached to any permission to flag up the recommendations of the appraisal.
Landscape
10.29. CS Policy SP18 requires the high quality and local distinctiveness of the natural and
man-made environment will be sustained by: 1. Safeguarding and, where possible,
enhancing the historic and natural environment including the landscape character and
setting of areas of acknowledged importance.
10.30. The site lies to the north of Selby and has built form to the west with the rest of the boundaries open. The site is screened from view on the approach out of Selby but would be visible in wider views when approached from Monk Lane and Black Fen Lane. The site lies within the Sherburn Farmland Landscape Character Area where it is noted that whilst generally the landscape has a rural character with a strong sense of openness, the presence of extensive human intervention introduces large scale human elements which have effects on the perceived rurality and sense of openness. The site lies adjacent to the settlement and would be viewed in context of the existing built form. The structures, although visible and in particular the floodlights when in use, are proposed to be low in height and will not impact significantly on the openness of the area. It is not considered that there would be any significant landscape harm from the proposal.
Flood Risk and Drainage
10.31. Core Strategy Policy SP15 requires proposals to take account of flood risk, drainage and climate change. Criterion d) of Policy SP15 applies in respect of ensuring development is located avoiding flood risk areas. The site lies in Flood Zones 2 and 3 and a Flood Risk Assessment (FRA) has been submitted. Outdoor sports facilities are classed as Water-Compatible development in Annex 3 of the NPPF where an exceptions test is not required.
10.32. The sequential rest submitted with the FRA states that only one other site could be identified, lying behind Wistow Road/Bondgate within a lower flood risk zone, but that site has been discounted due to contamination issues. No other site is available which does not have planning permission for residential or commercial use or in a lower flood risk area. It is considered that the sequential test is passed. As water-compatible development there is no requirement for the exceptions test.
10.33. There are no objections to the proposal from the Lead Local Flood Authority nor the Internal Drainage Board. The Environment Agency did not respond to the consultation request.
Minerals and Waste
10.34. Policy S01 of the Minerals and Waste Joint Plan (MWJP) requires mineral resources and their buffer zones to be safeguarded from other forms of surface non-mineral development. Policy S02 of the MWJP lists exceptions and justification for non-minerals development. This includes making certain applications exempt from further consideration of the safeguarding policies. The exempt developments are listed in paragraph 8.55 of the MWJP.
10.35. The site lies within Brick Clay and Sand Gravel safeguarding areas. The proposed use is not considered to result in sterilisation of the land for mineral extraction however as it is sited adjacent to existing residential development it is unlikely to be used for extraction in the future. There is no conflict with the Minerals and Waste Local Plan.
Section 149 of The Equality Act 2010
10.36.
Under Section 149 of
The Equality Act 2010 Local Planning Authorities must have due
regard to the following when making decisions: (i) eliminating
discrimination, harassment and victimisation; (ii) advancing
equality of opportunity between persons who share a relevant
protected characteristic and persons who do not share it; and (iii)
fostering good relations between persons who share a relevant
protected characteristic and persons who do not share it. The
protected characteristics are: age (normally young or older
people), disability, gender reassignment, pregnancy and maternity,
race, religion or belief, sex, sexual orientation.
10.37. 10.21. The proposed development would result in a neutral effect on any persons of or persons with The Equality Act 2010 protected characteristics and could have a positive impact arising from the sporting opportunities offered and improved environment.
11.0 PLANNING BALANCE AND CONCLUSION
11.1. The proposal is for an athletics facility which would serve Selby town and the surrounding area. There is a need for a formal athletics track in Selby and the principle of the proposal is supported by national and local policy, the playing field strategy and support from Sport England. This carries weight in favour of the application.
11.2. The site is accessed via a quiet residential road and private access and driveway. The increased activity, vehicular and pedestrian, is considered to result in harm to the residential amenity of the occupiers of dwellings on Friars Meadow and those accessed off the private driveway, contrary to Selby Local Plan Policies ENV1(1) and RT3(2). This harm is considered to outweigh the benefits noted above and the application is therefore recommended for refusal on these grounds.
12.0 RECOMMENDATION
12.1 That planning permission be REFUSED for the reasons set out below:
01 The increased activity, vehicular and pedestrian, is considered to result in harm to the residential amenity of the occupiers of dwellings on Friars Meadow and those accessed off the private driveway and contrary to Policies ENV1(1) and RT3(2) of the Selby District Local Plan.
Target Determination Date: 31.10.2024
Case Officer: Linda Drake
Appendix A – Proposed Site Layout Plan