North Yorkshire Council
Community Development Services
Selby and Ainsty Area Planning Committee
16 April 2025
ZG2023/0531/remm - Reserved matters (appearance, landscaping, layout and scale) of planning application ref: 2018/0697/OUTM for the erection of employment floor space (Use Class B2/B8/ E(g)(i), with ancillary office accommodation; provision of service yards and internal vehicle circulation and parking and servicing areas and landscaping
Report of the Assistant Director Planning – Community Development Services
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1.0 Purpose of the Report 1.1 To determine a reserved matters application (appearance, landscaping, layout and scale) pursuant to outline planning permission reference 2018/0697/OUTM for the construction of an employment park up to 1.25 million sqft (117,000sqm) gross floor space (GIA) comprising B2, B8 and ancillary B1 uses (all matters reserved except for access) at the former airfield site off Lennerton Lane, Sherburn in Elmet. 1.2 This application has been reported to Committee at the as the Corporate Director of Community Development considers a planning application to raise significant planning issues. |
2.0 SUMMARY
RECOMMENDATION: The application is recommended to be GRANTED subject to the conditions listed in Section 12 of the report.
2.1. This reserved matters application, submitted on behalf of Glentrool Land (Sherburn2) Limited, seeks approval of reserved matters (appearance, landscaping, layout and scale) and has been submitted pursuant to outline planning permission reference 2018/0697/OUTM for the construction of an employment park up to 1.25 million sqft (117,000sqm) gross floor space (GIA) comprising B2, B8 and ancillary B1 uses (all matters reserved except for access) at the former airfield site off Lennerton Lane, Sherburn in Elmet.
2.2. The application relates to the area of land known as ‘Sherburn 2 North’ for the development of five B2/B8, with ancillary E(g)(i) (formerly B1), use units.
2.3. The reserved matters under consideration through this application are layout, scale, appearance and landscaping. These reserved matters details are considered, on balance, to be acceptable, subject to conditions. The details ensure that the proposal would not result in detrimental impacts on the character and appearance of the area, the residential amenity of the occupiers of neighbouring properties, highway safety, the safe operation of Sherburn Aero Club, or other identified issues.
2.4. The proposed development is therefore considered to be acceptable having had regard to saved Policies ENV1, ENV2, ENV3, ENV28, T1, T2 and T7 of the Selby District Local Plan, Policies SP13, SP15, SP18 and SP19 of the Core Strategy and national policy contained with the NPPF, including paragraphs 144-116 and 135.
3.0 Preliminary Matters
3.1. Access to the case file on Public Access can be found here:- ZG2023/0531/REMM | Reserved matters (appearance, landscaping, layout and scale) of planning application ref: 2018/0697/OUTM for the erection of employment floor space (Use Class B2/B8/ E(g)(i), with ancillary office accommodation; provision of service yards and internal vehicle circulation and parking and servicing areas and landscaping at land to be known as Sherburn2 North | Land At Former Airfield Lennerton Lane Sherburn In Elmet North Yorkshire.
3.2 Outline planning permission was granted under reference 2018/0697/OUTM for the construction of an employment park up to 1.25 million sqft (117,000sqm) gross floor space (GIA) comprising B2, B8 and ancillary B1 uses (all matters reserved except for access) at the former airfield site off Lennerton Lane, Sherburn in Elmet.
3.3 Four reserved matters applications have subsequently been granted pursuant to the aforementioned outline planning permission, including the Cromwell development (reference 2018/0764/REMM), the Firethorn development (reference 2021/1304/REMM), the north south spine road (reference 2021/1120/REM) and the east west spine road (reference 2022/0840/REM).
3.4 This application relates to one of the two final reserved matters applications to be submitted pursuant to the aforementioned outline planning permission and is known as ‘Sherburn 2 North’; the other being known as ‘Sherburn 2 South’ (reference ZG2023/0660/REMM) which is also currently pending determination.
4.0 Site and Surroundings
4.1. The application site comprises of approximately 3.9 hectares of land known as ‘Sherburn 2 North’ to the south side of the B1222 Bishopdyke Road to the east of Sherburn in Elmet.
4.2 To the north of the application site is the Cromwell development (the first reserved matters application pursuant to the outline consent at the wider site) beyond which is the B1222 Bishopdyke Road. To the east of the application site is the north-south spine road and the Firethorn development (the second and third reserved matters applications pursuant to the outline consent at the wider site). To the south of the application site is the east-west spine road (the fourth reserved matters application pursuant to the outline consent at the wider site) beyond which is an area of land known as ‘Sherburn 2 South’, which is subject to a separate pending reserved matters application (reference ZG2023/0660/REMM). To the west of the application site is the existing Sherburn Enterprise Park, beyond which is the settlement of Sherburn in Elmet.
4.3 Sherburn in Elmet Airfield (operated by Sherburn Aero Club) lies to the south and west of the application site, along with a small group of businesses and properties. A business and number of residential properties lie to the north side of the B1222 Bishopdyke Road to the north east of the application site. The wider site is otherwise surrounded by open agricultural fields to the north, east and south, being sited at the settlement edge, in the open countryside in planning policy terms.
5.0 Description of Proposal
5.1. This reserved matters application, submitted on behalf of Glentrool Land (Sherburn2) Limited, has been submitted pursuant to outline planning permission reference 2018/0697/OUTM for the construction of an employment park up to 1.25 million sqft (117,000sqm) gross floor space (GIA) comprising B2, B8 and ancillary B1 uses (all matters reserved except for access) at the former airfield site off Lennerton Lane, Sherburn in Elmet.
5.2. The application relates to the area of land known as ‘Sherburn 2 North’ for the development of five B2/B8, with ancillary E(g)(i) (formerly B1), use units.
5.3. The proposed site layout plan (drawing no. 2003 Rev P10) demonstrates that the units would be accessed from a road running centrally east-west through the plot, leading from the north-south spine road to the east. Units 2 and 6 would be located to the north of the access road, while Units 3, 4 and 5 would be located to the south of the access road. Each unit would have an associated parking area and service yard area. Each unit would be in a mixed B2/B8, with ancillary E(g)(i), use. The B2/B8 use split of each building would be 30%/70%, as confirmed on drawing no. 2003 Rev P10. Importantly, no more than 30% of each building would be in B2 use, which would align with condition 18 of the outline planning permission (reference 2018/0697/OUTM), when taking account of the uses permitted over the wider outline site, which requires the B2 use of the site overall to not exceed 30% of the total 117,000sqm (1,250,000 sqft) gross floor space permitted, in the interests of highway safety.
5.4. Unit 2 would be located to the north east corner of the development plot, with the Cromwell development to the north, the north-south spine road to the east, and the access road within the development plot to the south. The proposed site layout plan (drawing no. 2003 Rev P10) demonstrates that it would comprise approximately 2,230 sqm GIA. Overall Unit 2 would measure approximately 47 metres in width by 52 metres in depth and would have a shallow multi-pitched roof with eaves to a maximum height of approximately 9.2 metres above the proposed ground floor level and ridge to a maximum height of approximately 11 metres above proposed ground floor level. The ancillary office area would be located to the south west corner of the unit. Car parking would be to the west of the unit adjacent to the access road, while the service yard area would also be to the west of the unit to the north of the car parking area.
5.5. Unit 3 would be located to the south east corner of the development plot opposite Unit 2, with the north-south spine road to the east and the east-west spine road to the south. The proposed site layout plan (drawing no. 2003 Rev P10) demonstrates that it would comprise approximately 1,849 sqm GIA, split across five smaller units. Overall Unit 3 would measure approximately 85 metres in width by 23 metres in depth and would have a shallow pitched roof with eaves to a maximum height of approximately 7.3 metres above the proposed ground floor level and ridge to a maximum height of approximately 8.5 metres above proposed ground floor level. The ancillary office area would be located to the north elevations of the units. A mixed car parking and service yard area would be provided to the north of the unit.
5.6. Unit 4 would be located directly to the west of Unit 3, with the access road within the development plot to the north and the east-west spine road to the south. The proposed site layout plan (drawing no. 2003 Rev P10) demonstrates that it would comprise approximately 1,208 sqm GIA. Overall Unit 4 would measure approximately 57 metres in width by 23 metres in depth and would have a shallow pitched roof with eaves to a maximum height of approximately 7.3 metres above the proposed ground floor level and ridge to a maximum height of approximately 8.5 metres above proposed ground floor level. The ancillary office area would be located to the north west corner of the unit. Car parking would be to the north west of the unit, while the service yard area would be to the north east of the unit.
5.7. Unit 5 would be located towards the south west corner of the development plot, with the access road within the development plot to the north and the east-west spine road to the south. The proposed site layout plan (drawing no. 2003 Rev P10) demonstrates that it would comprise approximately 4,490 sqm GIA. Overall Unit 5 would measure approximately 86 metres in width by 52 metres in depth and would have a shallow multi-pitched roof with eaves to a maximum height of approximately 11.3 metres above the proposed ground floor level and ridge to a maximum height of approximately 12.8 metres above proposed ground floor level. The ancillary office area would be located to the north west corner of the unit. Car parking would be to the west of the unit adjacent to the access road, while the service yard area would also be to the west of the unit to the south of the car parking area.
5.8. Unit 6 would be located towards the north west corner of the development plot, with the access road within the development plot to the south and the Cromwell development to the north. The proposed site layout plan (drawing no. 2003 Rev P10) demonstrates that it would comprise approximately 3,415 sqm GIA. Overall Unit 6 would measure approximately 72 metres in width by 48 metres in depth and would have a shallow multi-pitched roof with eaves to a maximum height of approximately 11.3 metres above the proposed ground floor level and ridge to a maximum height of approximately 12.5 metres above proposed ground floor level. The ancillary office area would be located to the south east corner of the unit. Car parking would be to the east of the unit, while the service yard area would be to the west of the unit.
5.9. Solar panels would cover up to 10% of the roof areas of the buildings. Details of these would be submitted to and approved in writing by the Local Planning Authority at a later date to ensure they are of a design that does not result in any adverse impacts of glint or glare in the interests of aviation safety and the safe operation of Sherburn Aero Club.
5.10. Service yard areas to Units 2, 4, 5 and 6 and the mixed service yard/car parking area to Unit 3 would be surrounded by 2.4-metre-high black powder coated paladin fences, while car parking areas are not proposed to be surrounded by any fences. Fence locations are shown on drawing no. 2016 Rev P8, while fencing details are shown on drawing no. X2017 Rev P2.
5.11. Structural planting would be provided to the north and south of Units 2, 3 and 4 and to the east of Units 2 and 3. A landscaped amenity area would be provided on a triangular shaped piece of land to the south of Unit 5. Landscaping details are shown on drawing no’s DR-6688-01.01 Rev G – Landscape Masterplan; DR-6688-01.02 Rev G – POS Landscape; and DR-6688-01.03 Rev G – Planting Specification.
5.12. A cycle path would be sited adjacent to the eastern boundary of the application site linking the east-west spine road to the south of the application site to the access road within the development plot.
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 the 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 Core Strategy Local Plan, adopted 22 October 2013
- Those policies in the Selby District Local Plan, adopted on 8 February 2005, which were saved by the direction of the Secretary of State and which have not been superseded by the Core Strategy
- Minerals and Waste Joint Plan, adopted 16 February 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 17 September 2019, Selby District Council agreed to prepare a new Local Plan. Consultation on issues and options took place early in 2020 and further consultation took place on preferred options and additional sites in 2021. The Pre-submission Publication Local Plan (under Regulation 19 of the Town and Country Planning (Local Development) (England) Regulations 2012, as amended), including supporting documents, associated evidence base and background papers, was subject to formal consultation that ended on 28th October 2022. A further round of consultation on a revised Regulation 19 Publication Local Plan was undertaken in March 2024.
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 where 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 The North Yorkshire Local Plan at the current time as it is at an early stage of preparation.
Guidance - Material Considerations
6.4. Relevant guidance for this application is:
- National Planning Policy Framework, December 2024 (as updated February 2025)
- National Planning Practice Guidance
7.0 Consultation Responses
7.1. The following consultation responses have been received and have been summarised below.
7.2. Sherburn in Elmet Town Council: Concerns raised regarding road and footpath safety and public transport provision, as well as the environmental goals of the proposed development.
7.3. Active Travel England: No objections subject to conditions requiring (1) a travel plan prior to occupation of the units; (2) provision of cycle routes and stores prior to occupation of the units; and (3) provision of staff facilities (e.g. lockers, changing rooms, showers, drying rooms/cupboards) within the units prior to their occupation.
7.4. Archaeologist: No comments or objections.
7.5. Civil Aviation Authority - Airfield Advisory Team:In terms of the design specifications set out in Condition 14 of outline planning permission reference 2018/0697/OUTM: the 60-metre-wide corridors have been maintained to accommodate HGV yards and car parking areas rather than buildings; and the proposed buildings would not penetrate the Obstacle Limitation Surfaces (OLS). Furthermore, the design of the development would not produce a level of glint and glare that could adversely impact aviation safety, subject to a condition requiring details of the design of the solar panels, which would cover up to 10% of the roof areas of the buildings only, to ensure they are of a design that does not result in any adverse impacts of glare in the interests of aviation safety and the safe operation of Sherburn Aero Club.
In terms of building induced turbulence, Sherburn Aero Club have reported significant turbulence on runway 06/24 as a result of the recently constructed east phase of Sherburn 2 (reference 2021/1304/REMM). Therefore, it is recommended that the applicant assess whether this proposal has the potential to create additional building induced turbulence to that already being experienced. The nature of the turbulence associated with the existing building occurs, when a wind with a southerly component, meets the southerly face of the building. This seems to have resulted in a rolling, turbulent airmass being caused during such conditions which creates a flight control issues to pilots.
7.6. Designing Out Crime Officer: Advice and recommendations provided to ensure a safe and secure environment and to reduce opportunities for crime and antisocial behaviour.
7.7. Ecologist: No objections.
7.8. Environment Agency: No response.
7.9. Environmental Health: No objections.
7.10. North Yorkshire Fire and Rescue Service: No objections or comments.
7.11. Landscape Architect: Generally satisfied with the landscape proposals subject to some minor amendments to ensure sustainability and longevity of the scheme and to avoid maintenance problems in the future. Recommends conditions relating to implementation of landscape scheme and at least 5 year replacement of defects; as well as a long term maintenance and management plan.
7.12. Leeds East Airport: No response.
7.13. Local Highway Authority: No objections.
7.14. Local Internal Drainage Board: No comments.
7.15. Local Lead Flood Authority: No comments.
7.16. Natural England: No comments.
7.17. Public Right of Way Officer: There is a Public Right of Way or a ‘claimed’ Public Right of Way within or adjoining the application site boundary. If the proposed development will physically affect the Public Right of Way permanently in any way an application to the Local Planning Authority for a Public Path Order/Diversion Order will need to be made under S.257 of the Town and Country Planning Act 1990 If the proposed development will physically affect a Public Right of Way temporarily during the period of development works only, an application to the Highway Authority (North Yorkshire Council) for a Temporary Closure Order is required. The existing Public Right(s) of Way on the site must be protected and kept clear of any obstruction until such time as an alternative route has been provided by a temporary Order. It is an offence to obstruct a Public Right of Way and enforcement action can be taken by the Highway Authority to remove any obstruction. If there is a “claimed” Public Right of Way within or adjoining the application site boundary, the route is the subject of a formal application and should be regarded in the same way as a Public Right of Way until such time as the application is resolved. Where public access is to be retained during the development period, it shall be kept free from obstruction and all persons working on the development site must be made aware that a Public Right of Way exists and must have regard for the safety of Public Rights of Way users at all times.
7.19. Yorkshire Water: No objections.
7.20. Yorkshire Wildlife Trust: No response.
Local Representations
7.21. No local representations have been received.
8.0 Environment Impact Assessment (EIA)
8.1. The development proposed does not fall within Schedule 1 or 2 of the Environmental Impact Assessment Regulations 2017 (as amended). No Environment Statement is therefore required.
9.0 Main Issues
9.1. Since the principle of the development and the access have been established under the outline planning permission (reference 2018/0697/OUTM), the main issues to be taken into account when assessing the reserved matters application for layout, scale, appearance and landscaping are:
- Design and Impact on the Character and Appearance of the Area
- Impact on Residential Amenity
- Impact on Highway Safety
- Impact on Aviation Safety and Sherburn Aero Club
- Other Issues
10.0 ASSESSMENT
Design and Impact on the Character and Appearance of the Area
10.1 Saved Policies ENV1 and ENV3 of the Selby District Local Plan, Policies SP13, SP18 and SP19 of the Selby District Core Strategy Local Plan and paragraph 135 of the NPPF set out the considerations with regards to design quality and the impact on the character and appearance of the area.
10.2 The layout, scale, appearance and landscaping of the proposed development is as shown on the submitted drawings, and as summarised in Section 5 of this report.
10.3 An indicative layout plan (reference 200-E) was submitted at the outline planning application stage to demonstrate how the site could be laid out to achieve an appropriate layout and level of landscaping at the reserved matters stage, taking account of the sensitive edge of settlement location and site constraints. A number of landscape principles were shown on the plan, including (amongst others): at least 5-metre-wide landscape strips along both sides of the spine roads running throughout the site. The officers report for the original outline planning permission noted that the application included an indictive landscape plan which showed how the site could be developed taking into account site constraints. Furthermore, it noted that the indicative layout plan demonstrated how units of varying sizes could be provided within the site together with areas of landscaping throughout and around the perimeter of the site which reflected the layout of the adjoining Sherburn Enterprise Park.
10.4 This part of the site would be developed with a series of smaller units (by comparison to those to the east and south). The proposed site layout plan (drawing no. 2003 Rev P10) demonstrates that the units would be accessed from a road running centrally east-west through the plot, leading from the north-south spine road to the east. Units 2 and 6 would be located to the north of the access road, while Units 3, 4 and 5 would be located to the south of the access road. Each unit would have an associated parking area and service yard area. To the north, south and east of Units 2, 3 and 4, 5-metre-wide landscape strips would separate the roads from the buildings/car parks/service yard areas, to enable set back of buildings, car parks and service yard areas from the roads and to create a sense of space and setting for buildings within the development site itself. This landscape strip is reduced in depth to the north and south of Unit 6 and to the north of Unit 5; however, landscaping is provided where possible, and these units are more generously landscaped to the west and to the south of Unit 5. The Council’s Landscape Architect was consulted on the proposals and was generally satisfied with the landscape proposals subject to some minor amendments to ensure sustainability and longevity of the scheme and to avoid maintenance problems in the future. These have been incorporated into the scheme. The Council’s Landscape Architect therefore raises no objections subject to conditions relating to implementation of landscape scheme and a requirement for 5-year replacement of defects, as well as a long term maintenance and management plan. In this context, the layout and scale of the buildings, along with the associated landscaping are considered to be acceptable in respect of their impact on the character and appearance of the area.
10.5 In terms of the appearance of the units, the proposed development is considered to be appropriate to its setting and use. The units would be of typical appearance for industrial development and the materials to be used in the external construction of the proposed development, as detailed on the submitted plans, are considered acceptable in respect of their impact on the character and appearance of the area.
10.6 Subject to the aforementioned conditions, it is considered that the proposals are acceptable and would not have a significant or detrimental impact on the character and appearance of the area. The proposal is therefore considered to be in accordance with saved Policies ENV1 and ENV3 of the Selby District Local Plan, Policies SP18 and SP19 of Selby District Core Strategy Local Plan and national planning policy contained within the NPPF, including paragraph 135.
Impact on Residential Amenity
10.7 Saved Policies ENV1 and ENV2 of the Selby District Local Plan and Policy SP13 of the Selby District Core Strategy Local Plan set out the considerations with regards to the impact on residential amenity. Paragraph 135 of the NPPF emphasises that planning policies and decisions should ensure that developments create a high standard of amenity for existing and future users.
10.8 The nearest residential properties are located to the north side of the B1222 (Bishopdyke Road), while there are also residential properties located to the south of the application site.
10.9 Under outline planning permission reference 2018/0697/OUTM (for the construction of an employment park up to 1.25 million sqft (117,000sqm) gross floor space (GIA) comprising B2, B8 and ancillary B1 (now E(g)(i)) uses at the former airfield site off Lennerton Lane, Sherburn in Elmet) the use of the site for B2, B8 and ancillary B1 (now E(g)(i)) use was considered to be acceptable in principle.
10.10 Under the current application, consideration needs to be given to whether the layout, scale, appearance and landscaping of the proposed development would be acceptable in terms of its impact on residential amenity.
10.11 As per condition 17 of outline planning permission reference 2018/0697/OUTM, a Noise Impact Assessment has been submitted as part of the reserved matters application. The Council’s Environmental Health Officer has been consulted on the proposals and having reviewed the Noise Impact Assessment, has advised that they have no objections to the layout, scale, appearance and landscaping of the proposed development, which is not considered to have the potential to result in any adverse impacts on the residential amenities of any neighbouring properties.
10.12 Furthermore, given the size, siting and design of the proposed development and its relationship, including separation distances, to neighbouring residential properties, it is not considered it would result in any adverse effects of overshadowing or have an oppressive appearance.
10.13 Having regard to the above, it is considered that the proposals are acceptable in terms of residential amenity in accordance with Policies ENV1 and ENV2 of the Selby District Local Plan. Policy SP13 of the Selby District Core Strategy Local and national planning policy contained within the NPPF, including paragraph 135.
Impact on Highway Safety
10.14 Saved Policies ENV1(2), T1 and T2 of the Selby District Local Plan and paragraphs 114-116 of the NPPF set out the considerations with regards to the impact on highway safety.
10.15 The access has been established under the outline planning permission (reference 2018/0697/OUTM); however, it is necessary to assess whether the layout, scale, appearance and landscaping of the development proposed under this reserved matters application would have any adverse impact on highway safety.
10.16 Following the submission of additional/amended documents throughout the application process, the Local Highway Authority have confirmed that they have no objections to the layout, scale, appearance and landscaping of the development in so far as they relate to highway safety.
10.17 Condition 18 of the outline planning permission (reference 2018/0697/OUTM) requires the B2 use of the site to not exceed 30% of the 117,000 sq m (1,250,000 sq. ft) gross floor space hereby permitted in the interests of highway safety, as the highway impacts of the development have been assessed on the basis that B2 use of the site shall not exceed 30% of the 117,000 sq m (1,250,000 sq. ft) gross floor area. The submitted plans demonstrate each unit would be in a mixed B2/B8, with ancillary E(g)(i), use. The B2/B8 use split of each building would be 30%/70%. This would be in compliance with condition 18 of the outline planning permission, however, to ensure this condition remains enforceable, it is considered reasonable and necessary for the use of the units to be conditioned to any planning permission granted.
10.18 It is noted that Sherburn in Elmet Town Council have raised concerns over road and footpath safety and public transport provision. The Highway Authority have not raised any objections to the proposed development on the basis of road and footpath safety and public transport provision was considered at the outline planning permission stage and considered to be acceptable subject to conditions and the s106 agreement attached to the outline planning permission.
10.19 Having regard to the above, it is considered that the proposals are acceptable and would not have any adverse impact on highway safety in accordance with saved policies ENV1(2), T1 and T2 of the Selby District Local Plan and national planning policy contained within the NPPF, including paragraphs 144-116.
Impact on Aviation Safety and Sherburn Aero Club
10.20 Condition 14 of outline planning permission reference 2018/0697/OUTM requires applications for the approval of the reserved matters for any part of the site to include details to demonstrate that the design specifications set out in the letter dated 19 September 2013 from Sherburn Aero Club Ltd to Iain Bath Planning and as shown on drawing no. 1695 127 have been taken into account as part of the scheme proposals in the interests of aviation safety.
10.21 Those design specifications (so far as they relate to the reserved matters application) include:
· The 60m wide corridors on the approach and departure from runways 24/06 and 19/01 to not be encroached upon by any buildings or obstructions;
· Signs to be erected warning of ‘Sudden Aircraft Noise’;
· Buildings adjacent to the 60m wide corridors to have the appropriate warning lights erected on the roofs to comply with CAA requirements;
· Outside lighting to be attached to proposed buildings so as to keep approach and departure lanes free from lamp standards;
· Appropriate noise attenuation measures to be an integral part of building design. All prospective purchasers to be made aware of the proximity of the airfield.
10.22 Taking each of these in turn.
10.23 A 60m wide corridor on the approach and departure from one of the runways referred to intersects the site to the west. There are no buildings proposed which encroach into this corridor. However, it is noted that the service yard areas with HGV parking spaces serving Units 5 and 6 remain within the corridor. Looking back at correspondence which led to the condition being attached to the outline planning permission, it appears that Sherburn Aero Club, at that time, did not object to service yard areas with HGV parking spaces being within the corridors and therefore did not class these as obstructions within the corridor for the purposes of the condition. Indeed, the first reserved matters application to the north of the site (reference 2018/0764/REMM) has previously been granted with a service yard area with HGV parking spaces within the 60m wide corridor, as has the second reserved matters consent (reference 2021/1304/REMM). The applicant has provided information to demonstrate that the proposed development would not infringe the height of the Obstacle Limitation Surfaces surrounding Sherburn Airfield. Having regard to the above, it is considered that the proposals are acceptable in terms of the development proposed within the 60m wide corridor. This design specification has been satisfactorily taken into account as part of the scheme proposals in the interests of aviation safety.
10.24 No details have been provided of signs warning of ‘Sudden Aircraft Noise’ to be erected within the proposed development site. However, an informative can be attached to any planning permission granted to advise the developer of the need to fully comply with this design specification in the interests of aviation safety.
10.25 A plan has been submitted showing proposed aviation lighting to the roofs of Units 5 and 6 (drawing no E-04-400 Rev 5). These units are adjacent to one of the 60m wide corridors. While specific details of the lighting have not been provided on the plan, to be in compliance with the design specification, these should be appropriate warning lights to specialist design and details to comply with CAA requirements. An informative can be attached to any planning permission granted to advise the developer of the need to fully comply with this design specification, in the interests of aviation safety.
10.26 The submitted plans show evidence of some lamp standards proposed within the approach and departure lanes. A condition can be attached to any planning permission granted to ensure that, notwithstanding the details shown on the submitted plans, no lamp standards are erected within the approach and departure lanes of the adjacent airfield in line with condition 14 of the outline planning permission (reference 2018/0697/OUTM). Subject to the aforementioned condition, this design specification will have been satisfactorily taken into account as part of the scheme proposals in the interests of aviation safety. An informative can be attached to any planning permission granted to advise the developer of the need to fully comply with this design specification going forwards.
10.27 The final design specification requires appropriate noise attenuation measures to be an integral part of building design and for all prospective purchasers to be made aware of the proximity of the airfield. While no details have been submitted in these respects as part of this reserved matters application, an informative can be attached to any planning permission granted to advise the developer of the need to fully comply with this design specification.
Glint and Glare
10.28 Glint can be described as a momentary flash of bright light, while glare can be described as a continuous source of bright light. Glint and glare present an ocular hazard to light sensitive receptors such as pilots as they can cause a brief, temporary or permanent eye damage.
10.29 The application seeks the provision of solar panels on the roof of the building, and these have the potential to result in glint and glare. As such, a Glint and Glare Assessment has been undertaken by the Applicant to demonstrate how a 10% solar panel provision could be achieved on the roofs of the buildings, without having an adverse impact in terms of glint and glare.
10.30 The Assessment concluded that an appropriately designed scheme of solar panels could be applied to 10% of the roofs of the buildings without producing a level of glint and glare that would adversely impact aviation safety. The CAA AAT have agreed with this position. A condition can therefore be attached to any planning permission granted requiring details of the design of the solar panels to be applied to up to 10% of the roofs of the buildings to be submitted to and approved in writing by the Local Planning Authority, in the interests of aviation safety and the safe operation of Sherburn Aero Club.
Building Induced Turbulence
10.31 Building induced turbulence is caused by the disruption of airflow as it meets a building. This causes the airflow to mix and create turbulent parcels of air in the vicinity. This phenomenon is of particular concern to pilots whilst manoeuvring the aircraft at low speed and height such as on approach to land or shortly after take-off.
10.32 Throughout the course of the application, the Civil Aviation Authority Airfield Advisory Team (CAA AAT) submitted representations that Sherburn Aero Club had reported significant turbulence on runway 06/24 as a result of the recently constructed east phase of Sherburn 2 (reference 2021/1304/REMM). Therefore, they recommended that the Applicant assess whether the proposed development (along with the Sherburn 2 South development) would have the potential to create additional building induced turbulence to that already being experienced. They advised that the nature of the turbulence associated with the existing building occurs when a wind with a southerly component meets the southerly face of the building, which results in a rolling turbulent airmass being caused, which creates a flight control issue to pilots.
10.33 Physical model wind tunnel testing and/or computer simulations can be used to assess and measure the impact of buildings on nearby runways with respect to building induced turbulence. Criteria such as the one defined in the National Aerospace Laboratory (NLR) report (no. NLR-TP-2010-312 'Wind criteria due to obstacles at and around airports') are typically used to quantify such impact from a runway safety and operations standpoint.
10.34 In response to the concerns raised, the Applicant appointed a wind consultant - Architectural Aerodynamics Ltd - to assess the impact of the proposed development on the Sherburn-in-Elmet Airfield (operated by Sherburn Aero Club) with respect to building induced turbulence.
10.35 The Sherburn-in-Elmet Airfield operates three runways: ‘Runway 10/28’ (a tarmac airstrip to the south of the airfield); ‘Runway 06/24’ (a grass airstrip to the north of the airfield); and ‘Runway 01/19’ (a grass airstrip to the east of the airfield and the shortest of the three). It is understood that approximately 70% of aircraft movements within the ‘Sherburn-in-Elmet Airfield’ take place on ‘Runway 10/28’ and that, due to its short length, 'Runway 01/19' is the least preferred runway, with approximately only 30 days usage in a typical year.
10.36 The assessment conducted by Architectural Aerodynamics Ltd made use of computer simulations and was based on the ‘NLR criteria’. Several scenarios were evaluated: these included the ‘Baseline’ (i.e. the existing/present condition of the site) and the proposed development in its fully developed configuration. The computer simulations focused on evaluating the impact of the proposed development’ along the take-off and approach paths at the northern end of ‘Runway 06/24’ and ‘Runway 01/19’. The impact on ‘Runway 10/28’ was not assessed due to its distance from the proposed development. It is understood that the wind directions that were assessed in the computer simulations were agreed with the CAA AAT prior to the commencement of the study.
10.37 Upon completion of the computer simulations by Architectural Aerodynamics Ltd, the Local Planning Authority instructed the Director of Wind Engineering at WSP UK Ltd to conduct an independent peer review of the work conducted. This was due to the Planning Officer’s lack of technical knowledge of the subject matter, but also to ensure a robust assessment of the impact of the proposals on building induced turbulence given differing accounts of the impact from interested parties.
10.38 This independent review highlighted several areas that needed to be improved. Subsequently, additional computer simulations were performed by Architectural Aerodynamics Ltd to address the concerns that were raised. As requested by WSP UK Ltd, the updated computer simulations were performed in compliance with the requirements of best international industry guidelines on the subject matter. WSP UK Ltd have advised that the subsequent modelling undertaken by Architectural Aerodynamics Ltd is reasonable and proportionate to assess the impact of the proposed development with respect to building induced turbulence.
10.39 As part of the runway impact study conducted, Architectural Aerodynamics Ltd provided anecdotal evidence that suggests that "Runway 10/28" has been used during unfavourable crosswind conditions. Taking this anecdotal evidence into consideration and focusing on the spring to autumn months (when ‘Runway 06/24’ and ‘Runway 01/19’ are more likely to be used due to their surface conditions), the computer simulations performed by Architectural Aerodynamics Ltd confirmed that the ‘NLR criteria’ are already exceeded in the ‘Baseline’ configuration. More specifically, the number of hours such criteria are currently exceeded is approximately 1 hour for ‘Runway 06/24’ and approximately 5 hours for ‘Runway 01/19’.
10.40 WSP UK Ltd have confirmed that the computer simulations performed by Architectural Aerodynamics Ltd have also shown that the significance of the impact of the proposed development in its fully developed configuration with respect to building induced turbulence on ‘Runway 06/24’ between spring and autumn is Negligeable.
10.41 WSP UK Ltd have also confirmed that the computer simulations performed by Architectural Aerodynamics Ltd have shown that, between spring and autumn, the proposed development in its fully developed configuration increases the number of hours the ‘NLR criteria’ are exceeded on ‘Runway 01/19’ from approximately 5 to approximately 42 (it should be noted that these 42 hours are not continuous but are instead likely to be spread across several days - also, the degree of overlap of these 42 hours with the 30 days ‘Runway 01/19’ is typically used cannot be quantified). Therefore, the significance of the impact of the proposed development in its fully developed configuration with respect to building-induced turbulence on ‘Runway 01/19’ between spring and autumn is therefore considered Moderate Adverse.
10.42 It is important to note that the issue here is not one of aviation safety. WSP UK Ltd have confirmed that pilots monitor flight conditions and when such turbulent conditions are encountered, experienced pilots are likely to reject the landing and ‘go around’. The issue therefore is the impact of the proposed development on Sherburn Aero Club who operate from Sherburn in Elmet Airfield, due to the increase in the ‘NLR criteria’ being exceeded over the baseline as a result of the proposed development.
10.43 To conclude on this matter, WSP UK Ltd have confirmed the proposed development would not have an impact on ‘Runway 10/28’, from which it is understood that approximately 70% of aircraft movements within the Sherburn-in-Elmet Airfield take place. The proposed development would have a moderate adverse impact on ‘‘Runway 01/19’ which is the least preferred runway due to its short length, with approximately only 30 days usage in a typical year. The proposed development would have a negligible impact on ‘Runway 06/24’.
10.44 Having regard to the above, it is considered that the proposed development would not have a significant impact on Sherburn-in-Elmet Airfield, that would be sufficient to warrant a refusal of this application.
Other Issues
Archaeology
10.45 The Council’s Archaeologist has been consulted on the proposed development and has raised no objections to the layout, scale, appearance, and landscaping of the proposed development, noting condition 13 of outline planning permission reference 2018/0697/OUTM which requires details of a scheme of archaeological investigation to be submitted to and approved in writing by the Local Panning Authority prior to commencement of each phase of development. This is subject to a separate discharge of condition application. Therefore, the proposal is considered to be in compliance with saved Policy ENV28 of the Selby District Local Plan.
Ecology
10.46 The Council’s Ecologist has been consulted on the proposed development and has raised no objections to the layout, scale, appearance, and landscaping of the proposed development in terms of impacts on biodiversity, having regard to the submitted Construction Environmental Management Plan and Biodiversity Management Plan. Therefore, the proposal is considered to be in accordance with Policy SP18 of the Selby District Core Strategy Local Plan.
Flood Risk and Drainage
10.47 The Environment Agency, Local Lead Flood Authority, Internal Drainage Board and Yorkshire Water have been consulted on the proposed development and have raised no objections to the layout, scale, appearance, and landscaping of the proposed development on flood risk and drainage grounds. It should be noted that conditions 10, 11 and 12 of outline planning permission reference 2018/0697/OUTM which require drainage details to be submitted and approved in writing by the Local Planning Authority prior to commencement of each phase of development. These are subject to a separate discharge of condition application.
Public Rights of Way
10.48 The Public Rights of Way Officer has confirmed that there is a Public Right of Way or a ‘claimed’ Public Right of Way within or adjoining the application site boundary. An informative can be attached to any planning permission granted to ensure that the correct processes are followed in the event that the proposed development would physically affect a Public Right of Way temporarily during the period of development works. Therefore, the proposal is considered to be in accordance with saved Policy T7 of the Selby District Local Plan.
Minerals and Waste
10.49 The application site is located within a Surface Minerals Safeguarding Area. However, as the application is a reserved matters application, it constitutes ‘exempt development’ and no further consideration of this matter is required. The proposal complies with Policies S01, S02 and S06 of the Minerals and Waste Joint Plan.
Section 149 of The Equality Act 2010
10.50 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.
10.51 The proposed development of the site would not result in a negative effect on any persons or on persons with The Equality Act 2010 protected characteristics.
11.0 PLANNING BALANCE AND CONCLUSION
11.1 This reserved matters application, submitted on behalf of Glentrool Land (Sherburn2) Limited, has been submitted pursuant to outline planning permission reference 2018/0697/OUTM for the construction of an employment park up to 1.25 million sqft (117,000sqm) gross floor space (GIA) comprising B2, B8 and ancillary B1 uses (all matters reserved except for access) at the former airfield site off Lennerton Lane, Sherburn in Elmet.
11.2 The application relates to the area of land known as ‘Sherburn 2 North’ for the development of five B2/B8, with ancillary E(g)(i) (formerly B1), use units.
11.3 The reserved matters under consideration through this application are layout, scale, appearance and landscaping. These reserved matters details are considered, on balance, to be acceptable, subject to conditions. The details ensure that the proposal would not result in detrimental impacts on the character and appearance of the area, the residential amenity of the occupiers of neighbouring properties, highway safety, the safe operation of Sherburn Aero Club, or other identified issues.
11.4 The proposed development is therefore considered to be acceptable having had regard to saved Policies ENV1, ENV2, ENV3, ENV28, T1, T2 and T7 of the Selby District Local Plan, Policies SP13, SP15, SP18 and SP19 of the Selby District Core Strategy Local Plan and national policy contained with the NPPF, including paragraphs 144-116 and 135.
12.0 RECOMMENDATION
12.1 The application is recommended to be GRANTED subject to the conditions listed below:
Conditions
01. The development hereby permitted shall be carried out in accordance with the plans/drawings/documents listed below:
· 2000 Rev P02 – North Development Location Plan
· 2002 Rev P7 – North Development Sitewide Development Plan
· 2003 Rev P10 – North Development North Plot Plan
· 2004 Rev P01 – North Development North 2 Building Plan
· 2005 Rev P01 - North Development North 2 Elevations
· 2006 Rev P01 - North Development North 3 Building Plan
· 2007 Rev P01 - North Development North 3 Elevations
· 2008 Rev P01 - North Development North 4 Building Plan
· 2009 Rev P01 - North Development North 4 Elevations
· 2010 Rev P01 - North Development North 5 Building Plan
· 2011 Rev P01 - North Development North 5 Elevations
· 2012 Rev P01 - North Development North 6 Building Plan
· 2013 Rev P01 - North Development North 6 Elevations
· 2014 Rev P01 – North Development Typical Bin Store
· 2015 Rev P01 – North Development Typical Cycle Store
· 2016 Rev P8 – North Development Fence and Gate Locations
· 2017 Rev P2 – North Development Fence and Gate Details
· 2018 Rev P6 – North Development – External Materials Plan
· 2020 Rev P4 – North Development Proposed Cycle Route
· 2021 Rev P6 – North Development HGV Parking Plan
· DR-6688-01.01 Rev G – Landscape Masterplan
· DR-6688-01.02 Rev G – POS Landscape
· DR-6688-01.03 Rev G – Planting Specification
· E-04-400 Rev 5 – External Lighting Layout North
· 23-260.A0.101H – Drainage Arrangement
· 23-060.A1.102C – Drainage Details
· 23-260.A0.103E – Impermeable Areas Plan
· 23-060.A0.104E – Flood Exceedance Plan
· 23-060.A1.201G – Road Levels and Chainage
· 23-060.A1.202G – Road Finishes and Kerb References
· 23-060.A1.203D – Highway Details
· 23-060.A1.204G – Signage and White Lining Details
· 23-060.A1.205D – Visibility Splays
· 23-060.A1.250F – Vehicle Tracking Drawing
· ER-6688-02B – Construction Environment Management Plan CEMP (Biodiversity)
· ER-6688-03B – Biodiversity Management Plan
Reason: For the avoidance of doubt.
02. The buildings hereby approved shall be used for B2 and B8, with ancillary E(g)(i), use only and for no other purpose. The B2 use of each of the buildings (or unit within a building) hereby approved shall not exceed 30% of the total gross floorspace of each building (or unit within a building).
Reason: For the avoidance of doubt and having regard to condition 18 of the outline planning permission (reference 2018/0697/OUTM), which requires the B2 use of the site to not exceed 30% of the total 117,000sqm (1,250,000 sqft) gross floor space permitted in the interests of highway safety.
03. The landscaping and tree planting scheme as shown on drawing no’s DR-6688-01.01 Rev G, DR-6688-01.02 Rev G and DR-6688-01.03 Rev G shall be implemented in the first available planting season following the completion of the development hereby approved. All trees, shrubs and bushes shall be adequately maintained for a period of five years beginning on the date of completion of the scheme and during that period all loses shall be made good as and when necessary.
Reason: In order to ensure that the proposals integrate with the character and appearance of the area to comply with saved Policy ENV1 of the Selby District Local Plan and Policies SP13, SP18 and SP19 of the Selby District Core Strategy Local Plan.
04. Prior to the first use of the development hereby approved, details of the long term maintenance and management arrangements for the landscaping and tree planting scheme as shown on drawing no’s DR-6688-01.01 Rev G, DR-6688-01.02 Rev G and DR-6688-01.03 Rev G shall be submitted to and approved in writing by the Local Planning Authority. The long-term maintenance and management arrangements for the landscaping and tree planting scheme shall be carried out in accordance with the approved details for the lifetime of the development hereby approved.
Reason: In order to ensure that the proposals integrate with the character and appearance of the area and comply with saved Policy ENV1 of the Selby District Local Plan and Policies SP13, SP18 and SP19 of the Selby District Core Strategy Local Plan.
05. Prior to each of the buildings within the development hereby approved being brought into first use, staff facilities including lockers, changing rooms, showers, drying rooms/cupboards shall be provided within that respective building. Once provided the facilities shall be retained and maintained or the lifetime of the development hereby approved.
Reason: In the interest of encouraging sustainable transport options to and from the proposed development for staff.
06. Notwithstanding the details shown on the submitted plans, including the proposed External Lighting Layout North (drawing no. E-04-400 Rev 5), no lamp standards shall be erected within the approach and departure lanes of the adjacent airfield in line with condition 14 of the outline planning permission (reference 2018/0697/OUTM).
Reason:
In the interests of aviation safety.
07. The five units formed from the building shown as North 3 on the plans hereby permitted shall not, at any time, be amalgamated to form larger units, other than for two adjoining units up to a maximum of 7,850sqft by way of the creation of an opening between the units to permit internal flow, which is to be sized for vehicle movement and not to involve the removal of the wall in its entirety.
Reason: Having regard to the basis on which the application has been determined and to ensure the retention of a variety of units sizes on the site, including smaller units.
08. Notwithstanding the provisions of Part 14 of Schedule 2 of the General Permitted Development (England) Order 2015 (as amended) (or any order revoking or re-enacting that Order) no solar equipment shall be applied to the external surfaces of, or within the site area of, the development hereby permitted without the prior written consent of the Local Planning Authority, other than up to 10% provision on the roof of the buildings, in accordance with a detailed scheme to have been submitted to and approved in writing by the Local Planning Authority. Once approved, the up to 10% provision shall be implemented in strict accordance with the approved details and shall be retained and maintained as such thereafter.
Reason: In the interests of aviation safety and the safe operation of the Sherburn-in-Elmet Airfield.
Informatives
The Local Planning Authority worked positively and proactively with the applicant to identify various solutions during the application process to ensure that the proposal comprised sustainable development and would improve the economic, social and environmental conditions of the area and would accord with the development plan. These were incorporated into the scheme and/or have been secured by planning condition. The Local Planning Authority has therefore implemented the requirement in Paragraph 39 of the NPPF.
02. INFORMATIVE: COAL AUTHORITY - LOW RISK AREA
The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Mining Remediation Authority on 0345 762 6846 or if a hazard is encountered on site call the emergency line 0800 288 4242. Further information is also available on the Mining Remediation Authority website at: https://www.gov.uk/government/organisations/mining-remediation-authority. Standing Advice valid from 1st January 2025 until 31st December 2026.
03. INFORMATIVE: SHERBURN AERO CLUB
The Applicant is advised that the design specifications set out in the letter dated 19 September 2013 from Sherburn Aero Club Ltd to Iain Bath Planning, and as shown on drawing no. 1695 127, need to be fully taken into account as part of the scheme proposals in the interests of aviation safety, as per condition 14 of outline planning permission reference 2018/0697/OUTM. This includes the requirement for:
· Signs to be erected warning of ‘Sudden Aircraft Noise’;
· Buildings adjacent to the 60m wide corridors to have the appropriate warning lights erected on the roofs to comply with CAA requirements;
· Outside lighting to be attached to proposed buildings so as to keep approach and departure lanes free from lamp standards;
· Appropriate noise attenuation measures to be an integral part of building design. All prospective purchases to be made aware of the proximity of the airfield.
04. INFORMATIVE – CONDITION 5 REQUIREMENTS
The Applicant is advised that the drying rooms/cupboards referred to in Condition 5 could be provided by way of having a heated welfare space to permit drying.
Target Determination Date: 18.04.2025
Case Officer: Jenny Crossley, jenny.crossley@northyorks.gov.uk
Appendix A – Proposed Layout Plan