Agenda item

Report of the Assistant Director Planning – Community Development Services

View Plans and Documents

Considered :-

The Assistant Director Planning - Community Development Services sought determination of a planning application for the erection of zip lines between two tower structures including reception and landing areas with associated groundworks and access road, at former Marvels Leisure Park to land south of Scalby Mills Miniature Railway Station, Scarborough on behalf of UKBC Ltd.

The application had been revised following deferral by the Committee at its meeting on 8 February 2024.

Rita Holmes spoke objecting to the application.

The applicant’s agent, James Field, spoke in support of the application.

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

·       The development’s contribution to the town’s tourism offer, its location within Local Plan Economic Growth allocation TOU2, and its alignment with the Adventure Sports Strategy and North Bay Masterplan

·       That the determination of this application rested on weighing up the public benefits of the revised scheme against the supposed harm and policy conflicts

·       The applicant’s efforts to reduce the impact of the development on the setting of surrounding heritage assets and the character and appearance of the area

·       Whether any restrictive covenant had any bearing on the planning decision (which it did not)

·       The large space occupied by the development and its negative impact on the natural beauty of the area and its appeal to young families

·       That approval of the zip lines may hinder other development in TOU2

·       The important opportunity to review the success and impact of the scheme after five years which came with the proposed temporary permission

The decision:-

Having given great weight to the conservation of the Scarborough Conservation Area in accordance with officer advice, in the heritage and planning balance the public benefits of the scheme outweigh the less than substantial harm to the setting and the visual impact of the proposal.  Therefore, notwithstanding the recommendation in the officer report, temporary planning permission be GRANTED, subject to delegation to officers to impose conditions to include those based on the following:

1. Time limit for commencement (3 years).
2. Permission to be for a temporary 5-year period, with a requirement for removal of the development and reinstatement of the land in accordance with a scheme to be agreed.
3. Adherence to a list of approved plans.
4. Cladding and security hoarding of the landing tower zone to be green.
5. Restriction on operating hours to those applied for and on deliveries and toilet servicing to between 07:00 and 22:00.
6. Restriction on use during events at the Open-Air Theatre.
7. Artificial lighting on the tower structures and launch and landing zones to be designed to be wild-life sensitive and minimise light pollution, in accordance with a scheme which shall be submitted and agreed.  Thereafter, the approved lighting scheme not to be used outside of agreed operating hours, except in case of emergency.
8. Restriction on construction hours.

Voting Record

A vote was taken and the motion was declared carried with 4 for and 2 against.

Reason:-

The public benefits of the revised scheme would outweigh any identified harm to the setting of surrounding heritage assets and the character and appearance of the area.