Agenda and minutes

There were no apologies for absence.

A copy of the Register of Interest for each Selby District Councillor is available for inspection at www.selby.gov.uk.

Councillors should declare to the meeting any disclosable pecuniary interest in any item of business on this agenda which is not already entered in their Register of Interests.

Councillors should leave the meeting and take no part in the consideration, discussion or vote on any matter in which they have a disclosable pecuniary interest.

Councillors should also declare any other interests. Having made the declaration, provided the other interest is not a disclosable pecuniary interest, the Councillor may stay in the meeting, speak and vote on that item of business.

If in doubt, Councillors are advised to seek advice from the Monitoring Officer.

Councillor K Ellis declared a non-pecuniary interest in agenda item 5.1 – 2019/0110/COU – Far Farm, Mill Lane, Ryther as he knew the applicant well, and as such would leave the meeting and not take any part in the debate for this item.

All Committee members declared a non-pecuniary interest in agenda item 5.4 – 2020/0828/S73 - Quarry Drop, Westfield Lane, South Milford as they had received a number of additional representations in relation to the application.

The Chair announced that an Officer Update Note had been circulated and that the business would be taken in the order as set out on the agenda.

The Committee were also informed that and audio and video recording of the meeting would be made during consideration of agenda item 5.3 - 2020/0442/S73 - Post Office Store, 2 High Street, Cawood.

Lastly it was noted that details of any further representations received on the applications would be given by the Officers in their presentations.

To confirm as a correct record the minutes of the Planning Committee meetings held on 5 August 2020, 26 August 2020 and 2 September 2020.

The Committee considered the minutes of the Planning Committee meetings held on 5 and 26 August 2020 and 2 September 2020.

RESOLVED:

To approve the minutes of the Planning Committee meetings held on 5 and 26 August 2020 and 2 September 2020 for signing by the Chairman.

The Planning Committee considered the following applications.

Councillor K Ellis left the meeting at this point.

Application: 2019/0110/COU

Location: Far Farm, Mill Lane, Ryther

Proposal: Proposed change of use of land and buildings to that of a wedding venue including the creation of a total of 15 bedrooms for wedding guests, erection of 2 No lychgates, formation of a car park, demolition of some existing buildings, and formation of extension to accommodate 5 bedrooms, common room and kitchen to be constructed following the demolition of the pole barn

The Senior Planning Officer presented the application which had been brought before Planning Committee due to the replacement of Condition 5, requiring the two dwellings within the redline boundary not to be sold off separately to the Planning Unit (Wedding Venue), with a planning condition relating to noise levels. This was in order to resolve issues relating to impacts on residential amenity and in order to remove the requirement for a Unilateral Undertaking.

The Committee noted that the application was for the proposed change of use of land and buildings to that of a wedding venue including the creation of a total of 15 bedrooms for wedding guests, erection of 2 No lychgates, formation of a car park, demolition of some existing buildings, and formation of extension to accommodate 5 bedrooms, common room and kitchen to be constructed following the demolition of the pole barn.

In response to a question from Members, the Senior Planning Officer confirmed that the installation of acoustic fencing was not deemed to be necessary as noise levels had been conditioned appropriately.

It was proposed and seconded that the application be approved subject to conditions; a vote was taken on the proposal and was carried.

RESOLVED:

To APPROVE the application subject to the conditions set out at paragraph 7 of the report.

Councillor K Ellis re-joined the meeting at this point.

Application: 2020/0264/FUL

Location: St Marks Square, New Lane, Selby

Proposal: Change of use of land into a community garden

The Senior Planning Officer presented the application which had been brought before Planning Committee as Selby District Council was the landowner.

The Committee noted that the application was for the change of use of land into a community garden.

Members queried if any surveys were required to protect the existing trees on the site during the works that would be undertaken; Officers confirmed that the planned works were not expected to have any significant impact on the trees and as such, no surveys or protections had been recommended. The Committee noted that the paths would all be made from wood chippings and no hard paving was planned.

Officers confirmed they were content that the site would be maintained and managed once it had been turned into a community garden.

Overall, the Committee supported the application as it would improve a piece of land that was currently overgrown and neglected.

It was proposed and seconded that the application be granted subject to conditions; a vote was taken on the proposal and was carried.

RESOLVED:

To GRANT the application subject to the conditions set out at paragraph 7 of the report.

Application: 2020/0442/S73

Location: Post Office Store, 2 High Street, Cawood

Proposal: Section 73 to vary conditions 02 (opening hours), 03 (extraction) & 04 (plans) of approval 2015/1230/RTR Prior approval for the change of use from use class A1 (Retail) to both A1 (Retail) and A3 (Cafe) uses

The Senior Planning Officer presented the application which had been brought before Planning Committee as it was a minor application where 10 or more letters of representation had been received which raised material planning considerations, and where Officers would otherwise determine the application contrary to these representations.

The Committee noted that the application was for a Section 73 to vary conditions 02 (opening hours), 03 (extraction) & 04 (plans) of approval 2015/1230/RTR Prior approval for the change of use from use class A1 (Retail) to both A1 (Retail) and A3 (Cafe) uses.

An Officer Update Note had been circulated to Members and made available on the Council’s website which explained that a number of comments had been received since publication of the report. Concerns had been raised about the use of the access to the rear of the Post Office, noise, odour and the impact on the mental health of occupants of neighbouring properties; however, Officers confirmed that this additional information did not alter the assessment that had been made.

Members asked questions on several matters, including the views of the Parish Council and Conservation Officer about the scheme, the number of representations received from outside of Cawood village, and the wording in Condition 2.

Officers explained that the Parish Council had initially objected to the scheme but had also sent a letter of support; as such, both sets of comments had been taken into consideration.

The Committee acknowledged that the wording of the Conservation Officer’s comments had raised concerns but were not considered to be strong objections to the scheme.  With regards to the number of letters of support that had been received, Members noted that the majority had been from addresses within Cawood and a handful from outside of the village.

Officers confirmed that the main business at the application site was a Post Office, but that the cooking of food was becoming an integral business activity, and as such, the wording of Condition 2 was felt to be appropriate. However, Members agreed that Condition 2 should be amended to reflect the fact that the applicants should install the appropriate equipment before implementing the permission.

It was agreed that such changes to the wording of Condition 2 should be delegated to the Head of Planning in consultation with the Chair and Vice Chair of Planning Committee.

It was therefore proposed and seconded that the application be granted subject to the conditions set out in the report and subject to the rewording of Condition 2, as delegated to the Head of Planning in consultation with the Chair and Vice Chair of the Committee. A vote was taken on the proposal and was carried.

RESOLVED:

To GRANT the application subject to the conditions  ...  view the full minutes text for item 30.3

Application: 2020/0828/S73

Location: Quarry Drop, Westfield Lane, South Milford

Proposal: Section 73 application to vary condition 04 (approved plans) of planning permission 2010/0507/FUL for construction of a five-bedroom, three storey detached house

The Senior Planning Officer presented the application which had been brought before Planning Committee as the application was a minor application where 10 or more letters of representation had been received which raised material planning considerations, and where Officers would otherwise determine the application contrary to these representations.

The Committee noted that it was a Section 73 application to vary condition 04 (approved plans) of planning permission 2010/0507/FUL for construction of a five-bedroom, three storey detached house.

An Officer Update Note had been circulated to Members and made available on the Council’s website which explained that since the report had been written, fifteen letters of support had been received in respect of the application (eight from residents of South Milford, one from a resident of Sherburn in Elmet and six from people of unknown addresses). The letters of support set out that the proposed amendments to the application had no adverse impact on the residential amenities of the neighbouring properties beyond the original permission, and that the resultant dwelling would have an acceptable design and appearance, in keeping with the local area, which would result in no adverse impact on the character and appearance of the area beyond the original permission. The rationale for the amendments were sound and the family were working hard to build the dwelling under difficult circumstances.

The applicant had submitted written representations in response to objector comments and covered a number of points including reasons for the delays in build time, which had been due to land ownership issues, site hoarding along the Westfield Lane boundary and having to re-apply for planning permission and a Certificate of Lawfulness. The applicant also advised that they would be willing to accept a condition to limit the time to complete the development. Officers explained to the Committee that such a condition would not meet the required six tests and was not reasonable or enforceable. This had been confirmed by an Inspector under the appeal relating to planning permission reference 2018/0800/FUL.

The applicant also stated that even though the site was located within Flood Zone 1, it had flooded before, and therefore the applicant would like to move the bedroom from the ground floor.

The applicant went on to explain that the number of reported breaches of planning control were not as high as stated by the objectors, and many of these related to working hours, and that they had worked with the Council on the working hours condition to ensure it was appropriate.

Lastly, the Committee were informed that vehicles parked on High Street were not material to the application, and that the application had given objectors an opportunity to raise this as a general issue.  

Members considered the application and expressed some concerns around the increase in height of the building, and suggested that  ...  view the full minutes text for item 30.4