Agenda and minutes

Apologies noted (see attendance details).

To confirm the minutes of the meeting held on Thursday, 11 January 2024 as an accurate record.

The minutes of the meeting held on Thursday, 11 January 2024 were confirmed and signed as an accurate record.

All Members are invited to declare at this point any interests, including the nature of those interests, or lobbying in respect of any items appearing on this agenda.

Councillors Bryn Griffiths, David Hugill, Heather Moorhouse, Angus Thompson and Steve Watson declared that they had been lobbied in respect of item 4 on the agenda in that they had received emails direct from objectors on the matter.

Councillor David Hugill made a transparency statement indicating that he was the holder of a Natural England licence and had newt ponds on his land.

The Committee considered reports of the Assistant Director Planning – Community Development Services relating to applications for planning permission.  During the meeting, Officers referred to additional information and representations which had been received.

Except where an alternative condition was contained in the report or an amendment made by the Committee, the condition as set out in the report and the appropriate time limit conditions were to be attached in accordance with the relevant provisions of Section 91 and 92 of the Town and Country Planning Act 1990.

In considering the report of the Assistant Director Planning – Community Development Services regard had been paid to the policies of the relevant development plan, the National Planning Policy Framework and all other material planning considerations.  Where the Committee deferred consideration or refused planning permission the reasons for that decision are as shown in the report or as set out below. 

Where the Committee granted planning permission in accordance with the recommendation in a report this was because the proposal is in accordance with the development plan, the National Planning Policy Framework or other material considerations as set out in the report unless otherwise specified below.  Where the Committee granted planning permission contrary to the recommendation in the report the reasons for doing so and the conditions to be attached are set out below.

Report of the Assistant Director Planning – Community Development Services

Considered:-

The Assistant Director Planning – Community Development Services sought determination of a planning application for the construction of 23 dwellings at OS Field 9021, Cross Lanes, Burneston for Loxley Homes (Burneston) Ltd.

David Blythe spoke objecting to the application.

Parish Councillor Linda Nugent spoke on behalf of Burneston Parish Council objecting to the application.

The applicant’s agenda, Jonathan Saddington, spoke in support of the application.

During consideration of the above application, the Committee discussed the following issues:-

·        Concerns in relation to the construction traffic using the proposed entrance to the development. It was confirmed that possible alternatives were being explored but that the access proposed is satisfactory.

·        The potential for traffic issues at peak periods and for consideration to be given to limiting vehicle movements at peak flow in the morning and afternoon in the construction management plan.

The decision:-

That planning permission be GRANTED subject to the conditions detailed in the report, the additional condition below and satisfactory prior completion of a S106 legal agreement to delivery a policy complaint 30% affordable housing.

Voting Record

A vote was taken and the motion was declared carried unanimously.

Amended Conditions

Condition 14 - A construction management scheme shall be submitted to and agreed in writing with the Local Planning Authority before works commence. The scheme shall detail what steps shall be taken to mitigate emission of noise, lighting, dust and vibration from the site impacting on existing noise sensitive premises.

This is to include details of:

-    the siting of materials and machinery, staff welfare facilities, office location, staff/contractor parking,

-    construction site traffic movements including deliveries, to take into account school drop off times

-    hours of site operation

-    siting of any lighting provision, type and controls

-    how dust emissions will be reduced, monitored and managed.

-    Details of any piling to take place including duration and equipment type to be used.

-    How machinery, equipment and earth works will comply with the British Standards BS 5228-1:2009 Code of practice for noise and vibration control on construction and open sites, Part 1 : Noise

-    In circumstances where vibration is a potential source of impact it is anticipated that an appropriate vibration / screening survey or prediction report be proposed and details submitted.

-    Details of the community engagement arrangements will be in place throughout ground preparation and construction phases.

Reason: to prevent nuisance to nearby residents.

Condition 17 – Prior to commencement the access to the site at both St Lamberts Drive and Manor House Walk must be 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 crossing of the highway verge and/or footway must be constructed in accordance with the approved details and/or Standard Detail number A1 and the following requirements.

-    Any gates or barriers must be erected a minimum distance of 10 metres back from the carriageway of the existing highway  ...  view the full minutes text for item 87.

Report of the Assistant Director Planning – Community Development Services

 Considered:-

The Assistant Director Planning – Community Development Services sought determination of a planning application for outline permission with all matters reserved for 12 no dwellings using previously approved plans at Land at Blewhouse Lane, Finghall for Mr and Mrs Blackburn.

Sue Sweet spoke objecting to the application.

Parish Councillor Dawn Gelder submitted a written statement on behalf of Constable Burton and Finghall Parish Council objecting to the application, which due to exceptional circumstances was read by the Democratic Services Officer.

Councillor Karin Sedgwick submitted a written statement as Division Member in support of the application, which was read by the Democratic Services Officer.

During consideration of the above application, the Committee discussed the following issues:-

·         The lack of technical reports submitted with the application meaning statutory consultees have been unable to accurately comment on the proposal.

The decision:-

That planning permission be REFUSED.

Voting Record

A vote was taken and the motion was declared carried unanimously.

Reason:-

The Committee agreed with the reasons for refusal put forward by the Planning Officer as stated below:-

1. The application is a major development seeking permission for more than 9 dwellings on a site of over 0.5ha. Surface water flooding has occurred at the south of the application site at the indicative access point. No Flood Risk Assessment or indicative drainage strategy has been submitted and it is therefore not possible to assess whether the new residents would be at risk of flooding or whether the development would increase flood risk off site. The application therefore conflicts with the requirements of Policy CP3 of the Richmondshire Local Plan 2012-2028 Core Strategy; and paragraph 173 of the National Planning Policy Framework 2023.

2. The application seeks the development of a 0.93ha field bounded by hedges and trees, with a beck running through the southern most part of the site and therefore has several natural features which are likely to provide habitats for wildlife and potentially protected species. No Ecological Assessment, Protected Species Survey(s) or Biodiversity Reports have been submitted and therefore there is insufficient information to ascertain any locally significant negative impacts to wildlife, protected species or biodiversity. This conflicts with the requirements of The Conservation of Habitats and Species Regulations 2017; Policy CP4 of the Richmondshire Local Plan 2012-2028 Core Strategy; and paragraph 180 and 186 of the National Planning Policy Framework 2023.

3. The application site is boarded by trees and hedges and no information has been provided to determine the quality if these features together with whether they can be retained or need to be removed to facilitate the proposal. This conflicts with the requirements of Policy CP4 of the Richmondshire Local Plan 2012-2028 Core Strategy; and paragraphs 180 and 186 of the National Planning Policy Framework 2023.

4. The application is a major development seeking permission for more than 9 dwellings on a site of over 0.5ha and no affordable housing has been proposed. This conflicts with the requirements of Policy CP6 of the Richmondshire Local Plan 2012-2028 Core  ...  view the full minutes text for item 88.

Report of the Assistant Director Planning – Community Development Services

Considered:-

The Assistant Director Planning – Community Development Services sought determination of a planning application for outline permission (with all matters reserved except access) for the erection of 15 no residential dwellings at Land off Wild Hill Lane, Hunton for Rob H Roberts, B Lockey and C Lockey.

Mark Newsam spoke objecting to the application.

Parish Councillor Wendy Knight spoke on behalf of Hunton Parish Council objecting to the application.

Councillor Tom Jones submitted a written statement as Division Member objecting to the application, which was read by the Democratic Services Officer.

The applicant, Hugh Roberts, spoke in support of the application.

During consideration of the above application, the Committee discussed the following issues:-

·         The proposed drainage scheme and how this will control the flow of water from the site together with concerns regarding the outflow pipe being covered by water during any flooding events.

·         The hydro break and how this will operate.

·         The pedestrian links to the village to ensure safe walking to local amenities.

The decision:-

That the Committee was minded to APPROVE outline consent for 15 dwellings with details of appearance, landscaping, layout and scale to be reserved; subject to the conditions, as amended listed in the report with delegated authority to the Head of Planning in consultation with the Chair and Vice Chair to agree a condition to provide a footpath linking the development to the village and prior completion of a S106 agreement for affordable housing, public open space and a primary school contribution.

Voting Record

A vote was taken and the motion was declared carried unanimously.

Amended Conditions

Condition 1 – In accordance with approved plans

The development hereby permitted shall be carried out precisely in accordance with the approved drawings and particulars as set out below, together with any conditions attached to this approval which may require any variation thereof:

(a)     Application form and certificate

(b)     Local Plan (Drawing no. 3333-DEN-ZZ-XX-DR-A-1001

(c)     Proposed Site Plan (Drawing no. 3333-DEN-ZZ-XX-DR-A-1000)(in relation to access position only)

(d)     Ecological Statement Update (Dated 10.08.2023)

(e)     Drainage Strategy by Andrew Moseley Associates (21620-DS-002 Rev 1, Date May 2023)

(f)      Drainage Technical Note by Andrew Moseley Associates (21620-Wild Hill Lane, Hunton, Date 16.07.2023)

(g)     Site Access Design (Drawing no. AMA/21620/SK005)

(h)     Site Access Design and Carriageway Widening (AMA/21620/SK004 Rev B)

(i)      Report on a Geophysical Survey OSA Report No. OSA22EV29 (November 2022)

(j)      Preliminary Ecological Appraisal (PEA) Survey Report (dated 25^th October 2022)

(k)     Environmental Assessment Report Phase 1 (Dated 21.11.22)

(l)      Highways Supporting Statement (Dated 19.12.2022)

Reason: To ensure the development is carried out in accordance with the approved particulars and plans.

Condition 4 – Maximum number of dwellings

The development hereby approved is for 15 dwellings only.

Reason: To ensure the density of development is appropriate for the site size and configuration together with enabling sufficient levels of residential amenity to be protected and created.

Condition 5 – Drainage Design

With the layout reserved matter application a Drainage Strategy and Plans  ...  view the full minutes text for item 89.

Any other items which the Chair agrees should be considered as a matter of urgency because of special circumstances.

There were no urgent items of business.

10.00am, Thursday, 14 March 2024, venue to be confirmed (either Civic Centre, Stone Cross, Rotary Way, Northallerton or Mercury House, Station Road, Richmond)

10.00 am, Thursday, 14 March 2023 (venue to be confirmed, either the Civic Centre, Stone Cross, Rotary Way Northallerton or Mercury House, Station Road, Richmond)