North Yorkshire Council
Community Development Services
Selby and Ainsty Area Planning Committee
16 April 2025
ZG2023/0660/remm - Reserved matters application including appearance, landscaping, layout and scale of approval 2018/0697/OUTM for the erection of employment floor space (Use Class B2/B8/ E(g)(i), with ancillary office accommodation; 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 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 South’ for the development of one B2/B8, with ancillary E(g)(i) (formerly B1), use unit.
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, SP15SP18 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:- ZG2023/0660/REMM | Reserved matters application including appearance, landscaping, layout and scale of approval 2018/0697/OUTM for the erection of employment floor space (Use Class B2/B8/ E(g)(i), with ancillary office accommodation; parking and servicing areas and landscaping | 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 South’; the other being known as ‘Sherburn 2 North’ (reference ZG2023/0531/REMM) which is also currently pending determination.
4.0 Site and Surroundings
4.1. The application site comprises of approximately 8.7 hectares of land known as ‘Sherburn 2 South’ 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 an area of land known as ‘Sherburn 2 North’, which is subject to a separate pending reserved matters application (reference ZG2023/0531/REMM), beyond which is the Cromwell development (the first reserved matters application pursuant to the outline consent at the wider site) and 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). 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. To the west of the application site is the existing Sherburn Enterprise Park, beyond which is the settlement of Sherburn in Elmet. The wider site is otherwise surrounded by open agricultural fields to the north, east and south, being sited at the settlement edge.
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 South’ for the development of one B2/B8, with ancillary E(g)(i) (formerly B1), use unit.
5.3. The proposed site layout plan (drawing no. 2003 Rev P6) demonstrates that the unit would be accessed from the north east corner of the development plot from the east-west spine road to the north (to be constructed under planning permission reference ZG2023/0934/FUL). The unit would benefit from an associated parking area and service yard area to the east and south of the unit respectively. The proposed site layout plan (drawing no. 2003 Rev P6) demonstrates that it would comprise approximately 34,745 sqm GIA. The unit would be in a mixed B2/B8, with ancillary E(g)(i), use. The B2/B8 use split of the building would be 30%/70%, as confirmed on drawing no. 2003 Rev P6. Importantly, no more than 30% of the 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. Overall, the main part of the unit would measure approximately 245 metres in width by 130 metres in depth and would have a shallow multi-pitched roof with eaves to a maximum height of approximately 16.5 metres above the proposed ground floor level and ridge to a maximum height of approximately 18.3 metres above proposed ground floor level. The main ancillary office area would be located to the east elevation of the unit, adjacent to the parking area. It would measure approximately 64 metres by 15 metres and would have a flat roof with a maximum height of approximately 14.5 metres above proposed ground floor level. The hub ancillary office would be located centrally on the south elevation of the unit. It would measure approximately 18 metres by 11 metres and would have a flat roof to a maximum height of approximately 9 metres above proposed ground floor level.
5.5. 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 glare in the interests of aviation safety and the safe operation of Sherburn Aero Club.
5.6. The service yard area to the south of the unit would be surrounded by a 2.4-metre-high black powder coated paladin fence, while the car parking area to the west of the unit is not proposed to be surrounded by any fences. Fence locations are shown on drawing no. 2010 REV P3, while fencing details are shown on drawing no. 2011 REV P1.
5.7. Structural planting would be provided to the north and east of the unit and to the north and west of the car parking area. A drainage basin and a landscaped amenity area would be provided on a piece of land to the south west of the unit and car parking area. Landscaping details area shown on drawing no’s DR-6688-02.01 Rev F – Landscape Masterplan; DR-6688-02.02 Rev F – Landscape Masterplan; and DR-6688-02.03 Rev F – Planting Specification.
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 document 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: Object to the application on the grounds of road safety and insufficient compliance with environmental policies in relation to ecology, flood risk, provision of solar panels and air quality.
7.3. Active Travel England: Refer to Standing Advice note on active travel and sustainable development.
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.
In terms of wildlife strike risk, concerns were originally raised that the drainage basin could attract wildlife and result in a wildlife strike risk given the proximity to the runway. The drainage basin has since been relocated further away from the runway which has alleviated these concerns.
7.6. Contaminated Land Officer: No objections.
7.7. Designing Out Crime Officer: Advice and recommendations provided to ensure a safe and secure environment and to reduce opportunities for crime and antisocial behaviour.
7.8. Ecologist: No objections.
7.9. Environment Agency: No response.
7.10. Environmental Health: No objections.
7.11. North Yorkshire Fire and Rescue Service: No objections.
7.12. 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.
7.13. Leeds East Airport: No response.
7.14. Local Highway Authority: No objections.
7.15. Local Internal Drainage Board: No comments.
7.16. Local Lead Flood Authority: No comments.
7.17. Natural England: No comments.
7.18. 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. Sherburn Aero Club: No direct response – however it is understood from verbal discussions with the Civil Aviation Authority - Airfield Advisory Team and from their consultation response that they have liaised with Sherburn Aero Club prior to providing their comments.
7.20. Yorkshire Water: Object on the basis that the submitted plans show the diversion of an on-site foul rising main, however, there are no accompanying signed diversion agreements in place.
7.21. Yorkshire Wildlife Trust: No response.
Local Representations
7.22. 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 Planand 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. Furthermore, an area of land to the southwest was to contain no trees given the proximity to the runways at the Sherburn in Elmet Airfield. 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 one large building comprising approximately 34,745 sqm GIA with a height of 18.3 metres above proposed ground floor level. In terms of the scale of the building, a site section drawing has been provided (reference 2016 Rev P2) which demonstrates how its height would be comparable to the adjacent Firethorn building to the east, and the building formerly occupied by Legal & General to the west. The length of the building would be shorter than those adjacent buildings, while the depth would be comparable to the building formerly occupied by Legal & General and less than the Firethorn building. In this context, it is considered that the scale of the building would be appropriate and would be acceptable in respect of its impact on the character and appearance of the area.
10.5 In terms of the appearance of the building, the proposed development is considered to be appropriate to its setting and use. The building 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 The siting of the building principally responds to the constraints arising from the proximity to the Sherburn in Elmet Airfield. It would have been preferable for the car parking area to be sited to the eastern end of the building and landscape strips along the spine roads to be of a greater depth given the scale of the building to enable set back of buildings and car park areas from the roads, and to create more of a sense of space and setting for building within the development site itself. However, it is acknowledged that this is not possible in this instance, as shifting the building further south or west would mean it would incur into the Obstacle Limitation Surfaces (OLS) of the Sherburn-in-Elmet Airfield, which would not be acceptable in respect of aviation safety and the safe operation of the Aero Club. Furthermore, the Applicants have advised that reducing the unit in size would not be possible due to market demand and having regard to the sizes of other units on the remainder of the site. Taking these factors into account, it is considered that on balance, the layout of the proposed development is acceptable in respect of its impact on the character and appearance of the area. An amenity area for workers would be provided to the south west corner of the site to make the most efficient use of this space. Furthermore, landscape strips of between 7 to 10 metres in depth are provided to the north and east of the building, which provide some set back and setting for the building, and a larger landscaped amenity area is provided to the south west corner of the site, which would be a benefit of the development.
10.7 The Council’s Landscape Architect was consulted on the proposals and is 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 the landscape scheme and a requirement for 5-year replacement of defects, as well as a long-term maintenance and management plan. In this context is considered that, on balance, the landscaping of the development is acceptable in respect of its impact on the character and appearance of the area.
10.8 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 acceptable in accordance with saved Policies ENV1 and ENV3 of the Selby District Local Plan, Policies SP18 and SP19 of Core Strategy and national planning policy contained within the NPPF, including paragraph 135.
Impact on Residential Amenity
10.9 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.
10.10 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.
10.11 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.
10.12 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.
10.13 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.
10.14 Furthermore, given the size, siting and design of the proposed development and it’s 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.
10.15 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 Planand national planning policy contained within the NPPF, including paragraph 135.
Impact on Highway Safety
10.16 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.
10.17 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.
10.18 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.
10.19 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 the unit would be in a mixed B2/B8, with ancillary E(g)(i), use. The B2/B8 use split of the 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 unit to be conditioned to any planning permission granted.
10.20 It is noted that Sherburn in Elmet Town Council have raised concerns over road safety and public transport provision. The Highway Authority have not raised any objections to the proposed development on the basis of road 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.
10.21 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
10.22 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.
10.23 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 purchases to be made aware of the proximity of the airfield.
10.24 Taking each of these in turn.
10.25 A 60m wide corridor on the approach and departure from one of the runways referred to intersects the site to the south. There are no buildings proposed which encroach into this corridor. However, it is noted that the service yard area with HGV parking spaces remains 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. 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.
10.26 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.
10.27 No details have been provided as part of the reserved matters application of the appropriate warning lights erected on the roofs of the building adjacent to the 60m wide corridors 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.
10.28 The submitted plans do not show evidence of any lamp standards proposed within the approach and departure lanes. This design specification has therefore 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.
10.29 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.
Wildlife Strike Risk
10.30 Concerns were originally raised that the drainage basin could attract wildlife and result in a wildlife strike risk given the proximity to the approach and departure lanes of the airfield runway and the height that aircraft would be at when passing over the drainage basin. In response to these concerns, the drainage basin has since been relocated further away from the approach and departure lanes of the airfield runway, which has alleviated these concerns. The proposed development is therefore not considered to give rise to any undue risks associated with wildlife strike so as to have any adverse impact on aviation safety or the safe operation of the Aero Club.
Glint and Glare
10.32 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 roof of the building, without having an adverse impact in terms of glint and glare.
10.33 The Assessment concluded that an appropriately designed scheme of solar panels could be applied to 10% of the roof of the building 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 roof of the building 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
10.35 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 North 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 issues to pilots.
10.36 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.
10.37 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.
10.38 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.
10.39 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.
10.40 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.
10.41 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.
10.42 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’.
10.43 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.
10.44 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.
10.45 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.
10.46 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’.
10.47 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
10.48 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
10.49 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
10.50 The Environment Agency, Local Lead Flood Authority and Internal Drainage Board 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.
10.51 Yorkshire Water have raised an objection to the proposed development on the basis that the submitted plans show the diversion of an on-site foul rising main, however, there are no accompanying signed diversion agreements in place. However, it is considered that this would not be sufficient grounds to refuse the application and a condition could be attached to any planning permission granted to ensure that the on-site foul rising main is diverted prior to the commencement of development.
10.52 It should be noted that conditions 10, 11 and 12 of outline planning permission reference 2018/0697/OUTM 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
10.53 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
10.54 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
10.55 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.
10.56 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 South’ for the development of one B2/B8, with ancillary E(g)(i) (formerly B1), use unit.
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 P2 – South Development Location Plan
· 2002 Rev P5 – South Development Sitewide Masterplan
· 2003 Rev P6 – South Development South Plot Plan
· 2004 – South Development Proposed Building Plan
· 2005 – South Development Office Plans
· 2006 – South Development Hub Office Plans
· 2007 – South Development Proposed Elevations
· 2008 – South Development Typical Bin Store
· 2009 - South Development Typical Cycle Store
· 2010 REV P3 – South Development Fence and Gate Locations
· 2011 REV P1 – South Development Fence and Gate Details
· 2012 REV P3 – South Development External Materials Plan
· 2014 – South Development Proposed Gate House Details
· 2015 – South Development Sub Station Details
· 2016 REV P2 – South Development Site Section
· 2019 REV P2 – South Development HGV Parking Plan
· 2020 REV P2 – South Development Proposed Cycle Route
· 2022 REV P1 – South Development Proposed Pedestrian Amenity Route
· DR-6688-02.01 Rev F – Landscape Masterplan
· DR-6688-02.02 Rev F – Landscape Masterplan
· DR-6688-02.03 Rev F – Planting Specification
· E-04-401 Rev 1 – External Lighting Layout South
· 23-061.A0.101C – Drainage Arrangement
· 23-061.A1.102A – Drainage Details
· 23-061.A1.103B – Impermeable Areas Plan
· 23-061.A0.104A – Swale Section Details
· 21-375-A1-002E - Proposed Surface Water Culverts & Rising Main Diversions Layout
· 21-375-A1-004 – Proposed Northern Culvert Long Sections
· 21-375-A1-005 - Culverts & Rising Main Diversion Details
· 23-061.A0.250B – 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 building hereby approved shall be used for B2 and B8, with ancillary E(g)(i), use only and for no other purpose. The B2 use the building hereby approved shall not exceed 30% of the total gross floorspace of the 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-6688-02.01 Rev F, DR-6688-02.02 Rev F and DR-6688-02.03 Rev F 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-6688-02.01 Rev F, DR-6688-02.02 Rev F and DR-6688-02.03 Rev F 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 the first use of the development hereby approved, staff facilities including lockers, changing rooms, showers, drying rooms/cupboards shall be provided within the 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. Prior to the commencement of the development hereby approved, the on-site foul rising mains shall be diverted in accordance with the details shown on drawing no. 21-375-A1-002E, or in accordance with alternative details approved by Yorkshire Water.
Reason: In order to ensure adequate protection of infrastructure.
07. 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 building, 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
01. INFORMATIVE:
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.
Target Determination Date: 18.04.2025
Case Officer: Jenny Crossley, jenny.crossley@northyorks.gov.uk
Appendix A – Proposed Layout Plan