Agenda item

The Assistant Director Planning – Community Development Services sought determination of a full planning application for the erection of a dwelling and associated works at Garthforth Hall Cottage, Ryton Rigg Road, Ryton, North Yorkshire, YO17 6RY.

 

The application was referred to the Area Planning Committee for determination, in accordance with paragraph 9.3(a)(vi) of the North Yorkshire Council Constitution. Matters excluded from the delegation included: Planning applications on which a Member of the Council had made material planning representations in writing to the Corporate Director of Community Development within the publicity period. In consultation with the Chair, the Corporate Director of Community Development was satisfied that it had been demonstrated that significant material planning issues had been raised and the application should be considered by Committee. The necessary representation was made by Cllr Steve Mason.

 

The Development Management Team Manager drew Members’ attention to the update list, which included a minor amendment to the site history and three additional public comments in support of the application. A further three documents were submitted by Councillor Mason relating to evidence for the demolition of the building.

 

There was a discrepancy in the address, as the property is also known as Garforth Hall Cottage, however the application had proceeded on the basis of the information provided on the application form and the site was adequately identified by the location plan.

 

The officer summarised the history of planning applications at the site, ending with the current application to erect a new dwelling similar to the approved renovation, which was granted in 2024.

 

During works to implement the permission, the applicants were advised by their builder/surveyor that the structure had become unsafe. The applicants elected to demolish the building and construct a complete rebuild. The applicants were subsequently advised by a council officer that, because the cottage had been demolished, their planning permission to renovate and extend the cottage was no longer capable of being implemented. The new building works ceased at foundation level.

 

As there was no longer a building/dwelling on the site, the proposal was effectively for a new build development and the application was assessed as such.

 

Mr Bob Gardiner, Chair of Habton Parish Council, spoke in support of the application.

 

Councillor Steve Mason, Division Member, spoke in support of the application.

 

Mr Johnathan Bulmer, applicant, spoke in support of the application.

 

Members questioned:

 

1.     If this application were approved, would this set a precedent for similar applications in the future? The officer advised that technically there was no precedent in planning as each case was considered on its own merits, however there should be consistency in decision making.

 

2.     What was the definition of a local needs occupancy condition as defined in the Ryedale Local Plan? The officer confirmed the local needs occupancy condition

•             Have permanently resided in the parish or an adjoining parish, including those outside the district, for at least three years and are now in need of new accommodation, which cannot be met from the existing housing stock.

•             Do not live in the parish but have long standing connexion in the local community, including previous residence of over three years.

•             Taking up full-time employment in the area.

•             Have an essential need arising from major infirmity to move to be near relatives who are permanently resident within the district.

 

During consideration of the application Members considered the officer’s assessment of the application against Council policy, the support from neighbours and the exceptional circumstances leading to the application

 

It was proposed by Councillor Lindsay Burr and seconded by Councillor Nigel Knapton that Members were minded to approve the application, with the inclusion of a local needs occupancy condition.

 

Decision

 

That Members were minded to approve the application and delegate authority to the Head of Development Management, in consultation with the Chair, to determine the application subject to the inclusion of a local needs occupancy condition and other appropriate conditions.

 

Voting record

Unanimous