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.
Publication date: 07/01/2022
Date of decision: 07/01/2022