Agenda item

Report of the Assistant Director Planning – Community Development.

The Head of Development Management – Community Development Services sought determination of a planning application for construction of office building with associated workshop and vehicle storage space (Class E) along with external site compound, covered cycle storage building and associated accesses, car parking and landscaping on land south of Storey Close, Helmsley, for the North York Moors National Park Authority.

In the interests of transparency, the solicitor made a statement in relation to this item that both the case officer and Development Service Manager had previously worked for the applicant 10 years ago and 19 years ago respectively. Legal had been consulted and did not consider that there were any conflicts of interest arising given the time passed and advised that the decision maker was the planning committee which would determine the application on its planning merits.

This matter was brought to Committee due to the degree of public interest and the nature of the planning issues raised in representations.

The application was considered by the Area Planning Committee held on 19 December 2024 and was deferred for the following matters to be considered:

·       Clarification of the number of users of the site along with the likelihood of other, third-party users of the site.

·       Confirmation of the hours of operation for works and deliveries to form part of the Construction Management Plan.

·       The addition of a condition to remove permitted development rights for fencing.

·       The addition of gates or barriers across the entrances to the car parks to restrict access out of working hours.

·       Consideration of the footpath route through and adjacent to the site and its use and risk of loss.

·       The addition of a condition to restrict use class.

The Development Management Team Manager drew Members’ attention to the information in points 2.9 to 2.38 of the accompanying report, which addressed each of the above concerns and also addressed additional matters of Biodiversity Net Gain (BNG), external lighting, the co-ordination of site development and further representations received since the December Committee meeting.

The officer drew attention to the proposed amended wording to conditions 19 and 20.

Mrs Jean Harrod spoke to object to the application.

Councillor George Jabbour spoke as the Division Member.

Mr Tom Hind, Chief Executive of the NYMNP, spoke in support of the application.

Members questioned officers on and debated the following issues during consideration of the application.

·       The allocations for the site as contained in the Helmsley Plan and the Ryedale Local Plan

·       The key principles for development as outlined in the Helmsley Plan, which included a co-ordinated development with adjacent sites

·       Traffic and associated traffic movements

·       Biodiversity Net Gain (BNG)

·       The legal status of the adjacent footpath not currently listed on the Definitive Map

A number of issues that had been raised during the debate were clarified by the case officer and by the solicitor as follows.

·       BNG may be secured either on site, off site or by way of statutory credits. For this application it was proposed that this would be off site and secured within the Section 106 agreement. It therefore complied with statutory BNG.

·       The footpath adjacent to the site was on third party land outside the application site, so could not be a planning consideration in respect of this application. It was open to any third party to make an application to the Council to seek an update to the Definitive Map to establish the route as a public right of way and this process was separate and distinct to this application.

·       The statutory position when determining an application was that the application be determined in accordance with the Local Plan unless any other material considerations dictated otherwise. The policy did not prevent any application for this and adjacent sites to be submitted individually.

·       Members also needed to be mindful that the applicant may appeal non-determination if the decision was to defer for the application to be submitted at the same time as an application for an adjacent site. There was no adjacent application scheduled for consideration.

Councillor Knapton proposed and Councillor Burr seconded that the decision be deferred to enable further work on progressing the inclusion of the footpath adjacent to the site onto the Definitive Map and to allow the co-ordination of the application with other development on adjacent sites.

Upon being put to the vote the proposal was lost by 2 votes for and 4 votes against.

Councillor Goodrick proposed and Councillor Cross seconded that the planning permission be granted.

Decision

That planning permission be GRANTED subject to the conditions listed in the updated report, the updated conditions 19 and 20 and the completion of a S106 agreement with terms as detailed in point 10.81 of the officer report.

Voting record

4 For

2 Abstentions

Councillor Joy Andrews rejoined the meeting after the vote on this item.