North Yorkshire Council

 

Community Development Services

 

Selby and Ainsty Area Planning Committee

 

30th APRIL 2025

 

ZG2022/1444/FULM - Change of use from Agricultural to Sports Field F2 (outdoor sports facility) including associated infrastructure (fencing, flood lights) at Land Off Friars Meadow, Friars Meadow, Selby

 

Report of the Assistant Director - Planning – Community Development Services

 

1.0     Purpose of the Report

1.1    To determine a planning application for the change of use from Agricultural to Sports Field F2 (outdoor sports facility) at Land Off Friars Meadow, Selby

1.2    This has been brought to Planning Committee by the Head of Planning Development Management as it is considered that the planning application raises significant planning issues such that it is in the public interest for the application to be considered by committee.  The application has also been referred to Committee by the Division Member, Councillor Shaw-Wright.

1.3   The application was considered at Planning Committee on 12th March 2025 where it was DEFERRED for the following reason:

         1)    So that Officers could discuss the issues raised with the applicant and could return to the Committee with a set of draft conditions that related to control of operation and traffic levels and control of floodlighting.

1.4   Draft conditions have been prepared and agreed with the applicant and discussions have taken place with Highways.  The application is returned to committee for further consideration with the supplementary information as requested.

 

2.0       SUMMARY

 

RECOMMENDATION: That planning permission be REFUSED for the reasons set out below.

 

2.1.        Planning permission is sought for the change of use of agricultural land to a sports facility at land off Friars Meadow, Selby.  An athletics track is proposed along with field sports, equipment store, floodlighting, boundary fencing and on-site parking.  This application is for the change of use of the land only with supporting information supplied showing the proposed site layout and the facilities to be provided, as well as access and parking.  Separate applications for installation of the track and the erection of any buildings would be required in the future.

 

2.2.        The site is located outside of the established development limit for Selby, to the north-east of Friars Meadow.  Access to the site is via Friars Meadow and uses an existing private access that serves 3 dwellings.  

 

2.3.        Representations have been received, both supporting and objecting to the proposal.  Key objections are the impact of the proposal on the amenity of Friars Meadow residents, transport and parking.  There are no statutory consultee objections to the proposal.  The proposal would provide a sports facility for Selby and is in a suitable location on the edge of the town.  However, the use of Friars Meadow and the private access to gain access the site and the resulting increase in vehicular and pedestrian movements on this road is considered to result in detriment to the residential amenity of those residents.   The application is therefore recommended for refusal on the grounds of harm to residential amenity.

 

 

 

 

 

 

 

 

3.0       Update on the application

 

Consideration of alternative sites

3.1.        The applicant has provided a timeline of alternative sites used and considered since 2021, this is attached at Appendix A. 

 

3.2.        Sports facilities at Selby High School and Selby College have previously been used but those facilities have either been poorly maintained and therefore difficult or dangerous to use, unsuitable for purpose and with no on-site equipment storage.  Facilities have also become unavailable for hire over time and the applicant has cited the on-going costs of hiring these venues.

 

3.3.        The applicant states that the former municipal dump off Wistow Road was offered as a potential location but due to contamination and clean-up costs was considered to be unsuitable.

Highways

 

3.4.        Further discussion was held with Highways following Planning Committee.  Highways asked that the southernmost gate pillar be removed to achieve an access width of 4.5-4.8m.  The applicant states that the access width has been measured at between 4.5-4.8m and this is unnecessary.

 

3.5.        Highways also suggested that an overflow car park (unsurfaced) be provided on site.  The applicant has stated that this is inconsistent with their projected user numbers (limited to 24 per session with staggered starts) and their commitment to the active travel plan.

 

Ecology

 

3.6.        A further representation was made objecting to the impact of the proposal on wildlife, in particular nocturnal species.  The Ecologist has requested that the ecology report is updated to assess the proposed floodlighting plan, assessing it against Bat Conservation Trust & Institute of Lighting Professionals 2023 and where there are issues to recommend changes or propose mitigation/compensation measures.   The applicant was asked to carry out this work however this has not taken place.

 

3.7.        In the event of permission being granted it is recommended that floodlighting details be conditioned and that it is accompanied by an updated ecology report that addresses impact on nocturnal species.

 

Further representations received

 

3.8.        6 additional letters of Objection (including from Friars Meadow Alliance Committee) have been received following Planning Committee on 12th March 2025: 

 

- Highway access insufficient and too narrow for 2 cars to pass

- have alternative access routes been considered?

- conflict between construction and access needed to the 3 dwellings accessed from the track

- construction safety concerns

- concern over pedestrian and vehicular safety during construction

- use of access track will block access for the 3 dwellings that currently use it and safety issue for children playing

- no indication of how many sessions per day and how many days a week

- what alternative sites been considered?

- VOYAC members cannot rely on bus service as no42 inadequate (every 2 hours Mon-Saturday; no service Sunday)

- will members really walk/cycle to site in all weathers?

- can an alternative site access from the north-east from Monk Lane be considered?

- proposal fails to acknowledge protected species on site

- no community involvement in site selection

- tree survey invalid

- proposed floodlighting would impact on wildlife

- conditions necessary to control venue will limit capacity, more community benefit and increased numbers if located at a school, college, existing sports venue

- unsustainable location

- request committee members visit the site

- Friars Meadow Residents Alliance have sought to engage with applicant, concern over previous lack of engagement

- tree report not independently written

- Travel Plan needs updating as does not reflect the current proposals (ie. Multiple sessions/day)

- can highway access construction conditions be carried out?

 

3.9.        The applicant has stated that they are committed to being a good neighbour and it is understood that a meeting is to take place between the applicant and residents of Friars Meadow (no date yet supplied).  An update will be provided.

 

3.10.     The committee report 12th March 2025 is attached as Appendix B.

 

4.0         Draft conditions

4.1.        Planning Committee resolved on 12th March 2025 to defer the application to allow for a draft set of planning conditions to be produced for consideration by Members in the event that they are minded to approve the application.  Proposed conditions are set out below.  Conditions have been agreed with the applicant, other than condition 6 (monitoring of session numbers). 

 

4.2.        Condition 6 - the applicant has stated that they cannot report on usage levels of the facility unless North Yorkshire Council is funding or taking part ownership of the facility, (which is not the case).  It is not considered that this is an acceptable reason why numbers cannot be recorded by the applicant.  This condition therefore remains for consideration.

 

Proposed Condition and Reason

1

The development for which permission is hereby granted shall be begun within a period of three years from the date of this permission.

 

Reason:  In order to comply with the provisions of Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2

The development shall be carried out in accordance with the approved plans:

•           VOYAC Athletics Facility Revised Location Plan

•           New Athletics Facility General Arrangement 3200

•           Proposed Carriageway Widening AMA-00000-SK-001 Rev P01

•           Large Car Vehicle Swept Path Analysis – Car Park Amendments   AMA-00000-ATR-001  Rev P01

 

Reason: For the avoidance of doubt and in the interests of proper planning

 

3

The development must not be brought into use until the access to the site at Land Off Friars Meadow Friars Meadow Selby has been set out and constructed in accordance with the ‘Specification for Housing and Industrial Estate Roads and Private Street Works” published by the Local Highway Authority and the following requirements:

The access must be formed with 6 metres radius kerbs, to give a minimum carriageway width of 5.5 metres, and that part of the access road extending 6 metres into the site must be constructed in accordance with Standard Detail number E50 and the following requirements.

• Any gates or barriers must be erected a minimum distance of 6 metres back from the carriageway of the existing highway and must not be able to swing over the existing or proposed highway.

• Provision should be made to prevent surface water from the site/plot discharging onto the existing or proposed highway in accordance with the specification of the Local Highway Authority.

• Measures to enable vehicles to enter and leave the site in a forward gear.

All works must accord with the approved details.

 

Reason:  To ensure a satisfactory means of access to the site from the public highway in the interests of highway safety and the convenience of all highway users.

 

4

No part of the development must be brought into use until the access, parking, manoeuvring and turning areas for all users at Land Off Friars Meadow Friars Meadow Selby have been constructed in accordance with the details approved in writing by the Local Planning Authority.  Once created these areas must be maintained clear of any obstruction and retained for their intended purpose at all times.

 

Reason: To provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development.

 

5

The number of members attending each athletics session must not exceed 25 at any one time.  Training sessions shall not run concurrently and there shall be a minimum break of 30 minutes between sessions to allow members of the first session to fully vacate the site prior to members arriving for the following session.  

 

Reason: To provide for adequate and satisfactory provision of off-street accommodation for vehicles in the interest of safety and the general amenity of the development.

 

6

The applicant shall monitor compliance with Condition 5 during the operation of the development.  The applicant shall retain and record data from such monitoring and shall provide the data quarterly to the Local Planning Authority for the first calendar year from the start of operation and thereafter within 21 days of receipt of a written request from the Local Planning Authority. The Travel Plan shall be revised to the satisfaction of the Local Planning Authority should monitoring show adaption is required.

 

Reason: In order to preserve the amenity of adjacent residential properties having had regard to Policy ENV1 of the Selby District Local Plan.

 

7

No development must commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Construction of the permitted development must be undertaken in accordance with the approved plan.

The Plan must include, but not be limited, to arrangements for the following in respect of each phase of the works:

1.    details of any temporary construction access to the site including measures for removal following completion of construction works;

2.    restriction on the use of Land Off Friars Meadow Friars Meadow Selby access for construction purposes;

3.    wheel washing facilities on site to ensure that mud and debris is not spread onto the adjacent public highway;

4.    the parking of contractors’ site operatives and visitor’s vehicles;

5.    areas for storage of plant and materials used in constructing the development clear of the highway;

6.    details of site working hours;

7.    measures to deal with construction noise:

8.    details of the measures to be taken for the protection of trees; and

9.    contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.

Reason:  In the interest of public safety and amenity

 

8

The development must be carried out and operated in accordance with the Travel Plan (received 27.02.2024).

 

Reason: To establish measures to encourage more sustainable non-car modes of transport in accordance with Core Strategy Policy SP15.

 

9

No floodlights shall be used outside the hours of 07:00 and 21:00 hours.  The floodlights shall be controlled by timer.

 

Reason: In order to preserve the amenity of adjacent residential properties having had regard to Policy ENV1 of the Selby District Local Plan.

 

10

No flood lighting shall be installed on site until a scheme, including the following, has been submitted to and approved in writing by the Local Planning Authority:

1.details of column height and design;

2.details of baffles and cowls;

3.an updated floodlighting plan showing luminance of the athletics track and any spillage.

 

The development shall be carried out in strict accordance with the approved scheme.

 

Reason: In order to preserve the amenity of adjacent residential properties having had regard to Policy ENV1 of the Selby District Local Plan.

 

11

The development shall be operated in compliance with the recommendations set out in the Noise Impact Assessment ref: NP-010376 Rev 02 dated 25/11/2024.

 

Reason: In order to preserve the amenity of adjacent residential properties having had regard to Policy ENV1 of the Selby District Local Plan.

 

12

No construction works shall take place in connection with the activity hereby approved between the hours of 08:00 hours and 18:00 hours Mondays to Fridays and 08:00 hours to 13:00 hours on Saturdays and at no time on Sundays or Bank or National Holidays.

 

Reason:  In order to preserve the amenity of adjacent residential properties having had regard to Policy ENV1 of the Selby District Local Plan.

 

13

The site shall be used for training purposes only and shall not be used to host competitions.

 

Reason:  In order to preserve the amenity of adjacent residential properties having had regard to Policy ENV1 of the Selby District Local Plan.

 

14

No pistols or whistles shall be used on site at any time.

 

Reason:  In order to preserve the amenity of adjacent residential properties having had regard to Policy ENV1 of the Selby District Local Plan.

 

15

No flood lighting shall be installed on site until an updated ecology report, which includes a review of the proposed flood lighting, has been submitted to and approved in writing by the Local Planning Authority. The report must include a review of the proposed floodlighting plan and assess that plan against the guidance provided by Bat Conservation Trust & Institute of Lighting Professionals, 2023.  If the proposed floodlighting plan does not satisfy those guidelines, appropriate changes and/or mitigation/compensation measures shall be incorporated into the floodlighting scheme and thereafter implemented for the lifetime of the development.

 

Reason: In the interests of nature conservation and to comply with Policy ENV1 of the Selby District Local Plan, Policy SP18 of the Core Strategy.

 

16

Should on-site SuDS or flow restriction be proposed as part of any larger development the IDB requests that those restricted flow measures or attenuation are put in place before occupancy and within 3 months of development progressing on site.

 

Reason: In order not to increase flood risk downstream of sites during temporary works / development.

 

INFORMATIVE:  Any surface water discharge into any watercourses in, on, under or near the site requires consent from the Drainage Board.

 

17

In the event that unexpected land contamination is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and, if remediation is necessary, a remediation strategy must be prepared, which is subject to approval in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation strategy, a verification report must be submitted to and approved by the Local Planning Authority. It is strongly recommended that all reports are prepared by a suitably qualified and competent person.

 

Reason: To ensure that the site is suitable for its proposed use taking account of ground conditions and any risks arising from land contamination.

 

 

 

5.0  PLANNING BALANCE AND CONCLUSION

 

5.1       The proposal is for an athletics facility which would serve Selby town and the surrounding area.  There is a need for a formal athletics track in Selby and the principle of the proposal is supported by national and local policy, the playing field strategy and support from Sport England.  This carries weight in favour of the application however the application was recommended for refusal on the grounds that the proposal would result in harm to the amenity of neighbouring residents.

5.2       At Planning Committee on 12th March 2025, Members intimated that they were minded to approve the proposal, and requested draft conditions that related to the control of the operation, traffic levels and floodlighting be produced for consideration.  These conditions are set out in section 4. 

5.3       Notwithstanding the above, it is still considered that the proposal, due to increased vehicular and pedestrian activity on Friars Meadow, particularly at the site junction with Friars Meadow, would result in harm to neighbouring residential amenity, contrary to Policies ENV1(1) and RT3(2) of the Selby District Local Plan.  This harm is considered to outweigh the benefits noted above and the application remains recommended for refusal on these grounds.

 

12.0       RECOMMENDATION

 

12.1       That planning permission be REFUSED for the reasons set out below:

01        The increased activity, vehicular and pedestrian, is considered to result in harm to the residential amenity of the occupiers of dwellings on Friars Meadow and those accessed off the private driveway and contrary to Policies ENV1(1) and RT3(2) of the Selby District Local Plan.

 

Target Determination Date: 31.10.2024

 

Case Officer: Linda Drake

 

Appendix A – Vale of York Athletic Community Timeline

 

Appendix B - ZG2022/1444/FULM - Committee report for 12 March 2025