Agenda item

Report of the Assistant Director Planning

The Assistant Director Planning – Community Development Services sought determination of a full planning application for the development of eleven dwellings with landscaping, infrastructure, associated works and off-street parking on an allocated site at Richard Thornton’s school, Burton-in-Lonsdale.  The Committee resolved to defer determination of the application as it was minded to refuse planning permission pending further consideration by planning officers for the following reasons for refusal put forward by Members:

-           Because the site cannot deliver any affordable housing contributions

-           Because it would conflict with Local Plan Policy INF3 and the Green Infrastructure SPD (due to a lack of public open space contributions)

-           Because it would not meet the required housing mix; and

-           Because the proposal would have a negative impact on local heritage assets.

In an update to the report, as per the late information sheet, during the deferral period 3 further objections were received, one of which was a repeat.

Concerns raised include lack of affordable housing provision; concern over accessibility; drainage; closure of the former school access from the unadopted lane; and the need to incorporate solar renewable energy.

Following the presentation and Members questions to the Planning Officer, the Chair invited the following member of the public to make representations to the Committee:

Mr Stuart Pratt, representing the applicant, spoke in support of the application.

During consideration of the application, the Committee discussed the following

issues:

-           Advice given that the Council had to demonstrate on planning grounds why the proposal was unacceptable in heritage terms, particularly as the site allocation process had involved consultation with Historic England, the Government’s statutory heritage advisor, who had no objection to the application.  Officers stated that, Historic England’s view should be afforded significant weight.

-           Members were advised of the difficulty the Local Planning Authority could face in defending any appeal without evidence of heritage harm and clear reasoning but that the costs consequence of Members’ planning decisions was not a material consideration and should not be relied upon as a factor in making the decision itself.

-           A question was asked whether it would be possible to have a claw-back provision should the units sell for more than the estimates shown in the viability report, thereby realising more profit for the developer.  Members were advised that this would be an unreasonable condition to add to the permission but that as a relatively small site, if the remainder of the site came forward for development, under the recommendation a viability review mechanism would be triggered under a S.106 Agreement which would bind successors in title.

-           The National Planning Policy Framework had changed resulting in an increase in the annual housing requirement for the area.  The Craven area of North Yorkshire Council could no longer demonstrate a five-year supply of housing land and the policies for the supply of housing were out of date.

-           The scheme was unviable with the affordable housing provision or the full policy requirement for contributions towards off-site public open space improvements, due to the low level of profit as evidenced in the appended reports. The housing mix would not be objectionable in view of the viability position, a situation where the Council’s policy says it will be flexible.

-           The applicant, whilst  the scheme was not viable with the full amount required, had offered £4,038 off-site public open space contribution towards improvements in the village and it was noted there was open amenity space within the scheme.

-           Lack of an energy statement within the proposals.

-           In exercising the tilted balance, the proposal on an allocated site, it would deliver environmental improvements, and there was less than substantial harm to designated heritage assets.

-           A request from a Member that the Development Plan Committee look at creating a policy whereby developments said not to be viable with affordable housing and financial contributions could be revisited to reassess the profit margin once the scheme has been completed.

The Decision:

That the application is GRANTED subject to the conditions set out in Assistant Director’s report and an additional condition set out below and prior completion of a Section 106 Agreement with terms as detailed in paragraph 10.55 of the report now submitted.

An energy statement to demonstrate how any energy hierarchy has been applied and how the development minimises the use of natural resources, shall be submitted prior to occupation for the approval in writing of the Local Planning Authority.  It shall consider the following:

How energy use is reduced/minimised, in particular through the use of sustainable design and construction methods;

How water efficiency and minimisation of use are to be encouraged;

Measures to promote waste minimisation and recycling;

Provision of an efficient energy supply, with priority to decentralise supplies.

The development shall be implemented in accordance with the approved strategy.

Reason:  To address climate change and to accord with Policy ENV3 of the Craven Local Plan.

Record of Voting

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