Decision Maker: Chief Executive Officer
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The Chief Executive Officer has taken all
relevant information into account in exercising his emergency
delegated powers in this matter including considering the views of
the Planning and Regulatory Functions Committee meeting held on
16th November 2021 and agreed the following:
That the application be APPROVED for the reasons stated below and
in accordance with the conditions outlined in the report subject to
the following amendments which were proposed by the Committee
members and are considered to meet the tests in the National
Planning Policy Framework::
• Condition 4 being amended to insert the referencing of
lighting being controlled and switched off via time control or time
clocks; and
• Condition 5 being amended to provide for the approved
lighting levels to be assessed and demonstrated that they are in
strict accordance with the approved assessment prior to being
brought into use and to be maintained in accordance with the
assessment thereafter.
By whom: Richard Flinton, Chief Executive Officer, under emergency
delegated powers and after consultation with the Planning and
Regulatory Functions Committee
PLEASE NOTE that as a non-executive function, this decision is not
open to call in.
Under his delegated decision making powers in
the Officers’ Delegation Scheme in the Council’s
Constitution, the Chief Executive Officer has power, in cases of
emergency, to take any decision which could be taken by the
Council, the Executive or a committee.
Following on from the expiry of the Local Authorities and Police
and Crime Panels (Coronavirus) (Flexibility of Local Authority and
Police and Crime Panel Meetings) (England and Wales) Regulations
2020 (“the 2020 Regulations”), which allowed for
committee meetings to be held remotely, the County Council resolved
at its meeting on 5 May 2021 that, for the present time, in light
of the continuing Covid-19 pandemic circumstances, remote
live-broadcast committee meetings should continue, with any formal
decisions required being taken by the Chief Executive Officer under
his emergency decision making powers and after consultation with
other Officers and Members as appropriate and after taking into
account any views of the relevant Committee Members.
The Chief Executive Officer has taken all relevant information into
account in exercising his emergency delegated powers in this
matter, including considering the views of the Planning and
Regulatory Functions Committee.
The reasons for the decision in this matter are as follows:
• The proposed development would have a limited impact upon
the character of the school site and the wider surrounding area and
landscape because of the mitigation proposed in the proposal and
its scale in consideration to the existing site;
• The proposed development has the potential to have an impact
upon local amenity; however this impact is not considered to be
adverse because of the mitigation measures such as the proposed
hours of use, landscape and planting plan and annual lighting
checks. The proposed development would have a minimal impact the
local highways network, the traffic from the proposed development
would not have an adverse effect on capacity or highways
safety;
• the proposed development would not result in an adverse
impact upon open space, sport and recreation; and
• the proposed development accords with the policies of the
extant policies SP11, SP13, SP14,SP16, SP17, SP19 and SP20 of the
Ryedale Local Plan Strategy which comprise the Development Plan
currently in force for the area and the PPF and NPPG.
Subject to the amendments to Conditions 4 & 5 for which the
proposed wording is as follows:
4. The floodlights associated with the use of the AGP shall be
switched off and by electronic time clock outside of following
hours.
• Monday to Friday 09:00 – 20:00
• Saturday, Sunday and Bank and Public Holidays 10:00 –
18:00.
Lower level amenity lights are permitted for a 15 minute period
after floodlights are switched off to ensure all visitors can
safely exit the facility before being switched off and by
electronic time clock.
Reason: In the interests of public amenity.
5. Prior to the development being brought into use the lighting
levels for the floodlighting hereby permitted shall be assessed and
verified to demonstrate that the predevelopment assessment levels
shown on LSUK0012 dated 20-12-2019 have been achieved. The
Assessment shall be submitted to and approved in writing by the
County Planning Authority and the approved lighting levels are to
be maintained in strict accordance with the approved assessment
thereafter.
Reason: In the interests of public amenity.
N/A.
Publication date: 07/01/2022
Date of decision: 07/01/2022