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 installation of access control bollards, construction of planters, and block paving to roadway on land to the front of the former Council offices, Crescent Gardens, Harrogate, North Yorkshire.

The application had been deferred at the Harrogate and Knaresborough Area Constituency Committee on 7th May 2024 because members did not feel that they had sufficient information to make an informed decision.  Members had requested further information and clarification on the land sale and the potential application to the Secretary of State for a Stopping up Order.

The Principal Development Management Officer informed Members that since Planning Committee on the 7 May, one further representation had been received by the authority. 

Members noted that an additional condition had been proposed; notwithstanding the provisions of Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no fences, walls, gates or other means of enclosure other than any expressly authorised by this permission shall be erected without the grant of a further specific planning permission from the local planning authority.  Officers considered this additional condition necessary to protect the setting of Queen Elizabeth Memorial Gardens and the wider conservation area.

Rebecca Oliver of the Duchy Residents Association spoke objecting to the application.

The applicant’s agent, Hamish Robertshaw, spoke in support of the application.

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

·        Clarification on the reasoning behind the proposed additional condition regarding fencing.

·        Was the highway land still within the control of North Yorkshire Council at the present time, and why it was imperative that the Stopping up Order be a condition of the final sale of the land.

·        Whether there was the potential for issues to arise in terms of access for unloading and loading into Queen Elizabeth Memorial Gardens for upcoming events.

·        If the current owners were to sell the business in the future would any subsequent owner, should they wish to change the use of the former Council offices, have to submit an application for this to the local authority; and would the application to be brought to Planning Committee.

The Decision :-

That planning permission be GRANTED subject to the conditions detailed in the Committee report and the additional condition as set out below.

Voting Record

A vote was taken and the motion was declared carried with 5 votes for, and 1 vote against.

Additional Condition

Condition: Notwithstanding the provisions of Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no fences, walls, gates or other means of enclosure other than any expressly authorised by this permission shall be erected without the grant of further specific planning permission from the local planning authority.

Reason: To protect the setting of Queen Elizabeth Memorial Gardens and the wider conservation area.

The meeting adjourned at this stage to allow Councillor Mann to join the public speakers in the gallery.

Councillor Chris Aldred in the Chair.