Agenda item

Report of the Assistant Director Planning – Community Development Services

Considered :-

The Assistant Director Planning – Community Development Services sought determination of a full planning application for the erection of 76 No. residential dwellings and associated infrastructure on land at 436940 462883, Minskip Road, Staveley, North Yorkshire.

The Senior Planning Officer advised Members that since publication of the agenda pack, the County Ecologist had recommended two additional conditions be included to cover a construction and environmental management plan, and a long-term enhancement plan for the development site. Together with the suggested inclusion within the S106 agreement that the biodiversity and enhancement management plan be a living document which progressed throughout the lifetime of the application.

In addition, two further representations had been received by the authority, but it was confirmed that neither objection had raised any issues which had not already been referred to within the Committee report.  Staveley and Copgrove Parish Council had also reiterated their objection to the application; this referred to unstable land and highlighted concerns regarding development and suggested that the land would not have been allocated in the Harrogate District Local Plan 2014-2035, had Gypsum been a known issue at that time.

Members heard that the developer had produced King’s Counsel opinion that the issue of unstable land had been satisfactorily addressed under the provision of Policy NE9, and provided two independent engineers reports, as required by the Policy. 

The Solicitor asked that the officer reiterate the recommendation as set out in the Committee report.  

John Carter spoke objecting to the application.

Graham Bowland spoke on behalf of Staveley and Copgrove Parish Council objecting to the application.

The applicant’s agent, Matt Burrow, spoke in support of the application.

The Chair allowed the applicant’s agent to speak again, over the three minutes given to each speaker, in response to a request from a Committee Member that the speaker be allowed to finish his submission.  The two representors were offered the same consideration, with just Mr Carter adding to his submission.

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

·       Clarification on the points of pedestrian access to the site.

·       Members queried if the 20 mile per hour national road speed limit on the main road applied to the whole length of road adjacent to the site, and if not, was there scope to request that the speed limit applied to the entire length of the road.  It was confirmed that should the planning application be approved, that officers could take back Members comments to the Highways Authority for examination.

·       The distance between the application site and the Nature Reserve.

·       Discussion took place regarding the availability of pupil school places at Staveley Primary School.

·       Clarification was sought on whether some of the affordable housing to be provided on the site would be shared ownership, and if so, what proportion would be for rent and shared ownership.

·       Members raised concerns around the unstable ground conditions and the possibility of Gypsum being present at the site.

·       If there was considered to be a demand for housing in this particular area. 

·       Would public transport be available to the site, and how regularly the bus service travelled through the area, daily.

·       Clarification was sought on biodiversity, and in particular the hedgerow on the boundary of the site.

·       In terms of ground stability, it was queried if a condition could be added that an excavation be carried out at the application site.

The Decision :-

That the Committee was minded to approve the application subject to the conditions set out in Section 12 of the committee report and a Section 106 agreement and delegates the decision to the Assistant Director – Planning in consultation with the Chair and Vice-Chair of the Planning Committee, including the finalisation of conditions and the terms of the Section 106 to include:

Affordable Housing

Travel Plan contributions

BNG management

Education Contributions

Village Hall Contributions

Open Space Contributions

Members amended the officer recommendation to require the decision of the Assistant Director – Planning to be in consultation with the Chair and Vice-Chair of the Planning Committee, including the finalisation of conditions and the terms of the Section 106.

Voting Record

A vote was taken, and the motion was declared carried with 3 votes for, 1 vote against and 1 abstention.