Agenda item

The Head of Development Management sought to resolve the position the Council would take at an upcoming appeal against non- determination of a hybrid planning application comprising:

 

1.     Outline planning application for residential planning permission for up to 50 dwellings with associated open space, all matters reserved

2.     Outline planning application for mixed use development for commercial, industrial and storage uses, all matters reserved. Total area 3.12ha on land south of Riccal Drive, Helmsley.

 

Members were advised that the determination of the application now rests with the Planning Inspector and not with the Council, however, Officers sought the opinion of Members of the Planning Committee with regards to the outcome they would have been minded to take, had the decision rested with the Local Planning Authority.

 

The officers’ presentation detailed the location and proposed layout of the site, the indicative areas of landscaping and public open space, and the site’s relationship to the surrounding residential and commercial properties.

 

The principle of employment and residential development in the location was supported by the Helmsley Local Plan, which allocated the western part of the site for employment purposes and the eastern part of the site for up to 50 dwellings. It was considered that the proposal aligned with the allocation and the principle of the development was considered to be acceptable.

 

The officer’s report summarised local concerns and objections, which primarily related to the principle of development, highways safety and capacity and residential amenity.

 

The conditions and reserve matters would secure appropriate zoning of development. The scale and density parameters required a central buffer between land uses and noise impact assessments and mitigation as the plots for employment land and residential use were brought forward.

 

The main benefits of the proposal were:

 

·       That the site would provide the bulk of employment land allocated within the Helmsley plan.

·       It would provide a welcome contribution to housing supply.

·       It would provide a policy compliant level of affordable housing secured by legal agreement

·       Provision of up public open space and connections to nearby public rights of way.

·       Provision of biodiversity net gain

·       Funding provided through the Community Infrastructure Levy.

 

There had been no objections raised by technical consultees in relation to highways, drainage, residential amenity or the environment, with the application being made in outline.

 

The officer stated that there was a degree of risk and uncertainty given the outline and hybrid nature of the application, in relation to concerns raised primarily with regard to highways impact and residential amenity.

 

Mr M Skehan spoke to object to the application.

 

Councillor George Jabbour, Division Member, spoke to the application.

 

Ms K Jukes, Agent, spoke in support of the application.

 

Officers clarified the process that would be followed during the hearing and confirmed that any third party would be able to make representations to the inspector. If the inspector was to grant permission, the conditions would require detailed assessment to ensure that they were sufficiently robust.

 

Members queried whether, had the application come before the Committee for decision, they would have been able to grant a partial approval for the residential element of the application. Planning Officers confirmed that would not have been possible, however the inspector would be at liberty to do so.

 

During the debate Members:

 

·       Were concerned that the existing properties had driveways adjacent to a road that may be used by HGV/LGV vehicles to and from the proposed commercial/industrial units

·       Considered the changes to the way people work, particularly since Covid and questioned the need for and the viability of such commercial/industrial units in Helmsley

 

In debate Members raised significant details, which would be assessed and agreed at reserve matters stage.

 

Officers advised that if Members concerns rested with the safety of the highway, they could look to appoint a third-party technical specialist to assess whether there was an arguable case from a highways’ perspective.

 

Members made the following comments on the draft proposed conditions:

·       The strict noise limitations as written in the report were welcomed as, should the inspector decide that commercial use for the site was appropriate, this ensures that residential amenity is not affected by adverse noise.

·       Compliance with North York Moors National Park Dark Skies Policy

·       Restrict vehicle movement times between 7:00am to 10:00pm

·       The drainage should avoid combined systems

·       Ensuring that the children’s play area is clearly visible

·       That any residential/commercial units fit the vernacular of buildings within Helmsley

 

Councillor Burr proposed and Councillor Cross seconded that Members would have been minded that the application be refused on the grounds of highway safety.

 

Decision

 

Had the Planning Committee determined the application, its decision would have been that planning permission be REFUSED on the grounds of highway safety.

 

Voting record

5 For

2 Against