Agenda and minutes

Apologies for absence were received from Councillors Cattanach, Topping and Welch. Councillor Duckett was in attendance as a substitute for Councillor Welch and Councillor Grogan was in attendance as a substitute for Councillor Topping.

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 Ellis declared that he had received representations in respect of agenda items, 5.1 – Willow Barn, Sweeming Lane, Little Fenton and agenda item 5.4 – Land South of Gloster Close, Busk Lane, Church Fenton.

Councillor Packham declared that he had received representations in respect of agenda items, 5.1 – Willow Barn, Sweeming Lane, Little Fenton and agenda item 5.4 – Land South of Gloster Close, Busk Lane, Church Fenton.

Councillor Richardson declared that he had received representations in respect of agenda items, 5.1 – Willow Barn, Sweeming Lane, Little Fenton and agenda item 5.4 – Land South of Gloster Close, Busk Lane, Church Fenton.

Councillor Mackay declared that he had received representations in respect of agenda items, 5.1 – Willow Barn, Sweeming Lane, Little Fenton and agenda item 5.4 – Land South of Gloster Close, Busk Lane, Church Fenton.

Councillor Chilvers declared that he had received representations in respect of agenda items, 5.1 – Willow Barn, Sweeming Lane, Little Fenton and agenda item 5.4 – Land South of Gloster Close, Busk Lane, Church Fenton.

Councillor Mackman declared that he had received representations in respect of agenda items, 5.1 – Willow Barn, Sweeming Lane, Little Fenton and agenda item 5.4 – Land South of Gloster Close, Busk Lane, Church Fenton.

Councillor Mackman also declared a personal interest in item 5.5 – Land at Station Road, Carlton as he was Chairman of the Selby and District Housing Trust and they had been in contact with Rentplus UK. He stated that he would be leaving the room during the consideration of this item and would not participate in the discussion or vote.

Councillor Grogan declared that he had received representations in respect of agenda items, 5.1 – Willow Barn, Sweeming Lane, Little Fenton and agenda item 5.4 – Land South of Gloster Close, Busk Lane, Church Fenton.

Councillor Duckett declared a personal interest in item 5.5 – Land at Station Road, Carlton as she was a member of the Selby and District Housing Trust and they had been in contact with Rentplus UK. She stated that she would be leaving the room during the consideration of this item and would not participate in the discussion or vote.

The Chair announced that an Officer Update Note had been circulated and was available to view alongside the agenda on the Council’s website.

To confirm as a correct record the minutes of the Planning Committee meetings held on 12 May 2021, 19 May 2021 and 2 June 2021.

The Committee considered the minutes of the Planning Committee meetings held on 12 May 2021, 19 May 2021 and 2 June 2021.

The Chairman noted that when referring to the speakers in the minutes under item 9.2 – Land off Lowfield Road, Hillam, it stated that they had nothing further to add to their statement on the previous application however this was incorrect as the related application was after this item and not before. It was agreed this wording should be amended.

RESOLVED:

To approve the minutes of the Planning Committee meetings held on 12 May 2021, 2 June 2021 and 19 May 2021 with the above amendment for signing by the Chairman.

The Planning Committee considered the following planning applications:

Application: 2021/0129/S73

Location: Willow Barn, Sweeming Lane, Little Fenton

Proposal: Section 73 to vary/remove condition 02 (approved plans) of planning permission reference number 2019/0578/FUL proposed conversion of ancillary building to dwelling granted on 5 March 2020

The Principal Planning Officer presented the application which had been brought before Planning Committee as a result of a call-in request from Councillor Richard Musgrave, and the proposals being contrary to Policy H12 of the Local Plan. It was noted that the application was previously considered by Planning Committee on the 12 May 2021 and was deferred for a site visit by Members.

The Officer Update Note stated that since the publication of the officer’s report a further email in support of the application from a neighbour had been received. Additionally, the Committee was informed that since the report was written, further emails of objection had been received from a neighbour and these had been summarised in the Update Note.

The Officer Update Note also outlined that there was the need for a comprehensive boundary treatment plan to be submitted and agreed prior to the occupation of the dwelling. The exact wording of the condition was outlined in the Update Note.

Members noted that further information had been received from the applicants in support of the scheme by way of drawing 2781-02-04A, which set out the works done on site and those aspects that would be removed, and an updated Construction Progress Statement (dated 28 May 2021) alongside a letter dated 1 June 2021. Upon receipt of this information a re-consultation was undertaken with third parties who supported or objected to the application previously and with the Parish Council. The report was updated accordingly and included aspects addressed in the Officer Update Note from the meeting on 12May 2021.

Members noted that the application was for a Section 73 to vary/remove condition 02 (approved plans) of planning permission reference number 2019/0578/FUL, the proposed conversion of ancillary building to dwelling granted on 5 March 2020.

The Committee asked questions of the Officer regarding the unauthorised work undertaken on the site. The Principal Planning Officer stated that a section 73 application had been submitted to address this issue. In response to a further question, it was noted that there was a separate application for further works which would be dealt with separately to this application.

Mrs Georgina Ashton, objector, attended the meeting in person and spoke against the application.

Councillor R Musgrave, Ward Member, was invited remotely into the meeting and spoke against the application.

Mrs Lesley Watson, applicant, was invited remotely into the meeting and spoke in favour of the application.

Members debated the application and raised concern at the development taken place on the site without permission. Additionally it was noted windows and doors had been added which were not on the original drawing however it was felt these would not have a significant adverse effect on neighbouring properties.

In accordance with the officer’s report, it was proposed and seconded  ...  view the full minutes text for item 20.1

Application: 2018/0657/FUL

Location: Honeypot Field, Hillam Common Lane, Hillam

Proposal: Proposed erection of an agricultural storage barn

The Principal Planning Officer presented the application which had been brought before Planning Committee as it was deferred from the meeting on 8 July 2020 for a site visit, to enable Members to view activities on the site and assess the impact on the Green Belt. It was originally presented to Committee due to the 11 letters of representation received which raised material planning considerations, and officers would otherwise determine the application contrary to those representations.

Members noted that the application was for the proposed erection of an agricultural storage barn.

The Officer Update Note outlined an amendment to condition three.

The Committee asked questions of the Officer regarding the prevention of access into the site. The Principal Planning Officer explained that the applicant had not refused access however had not chased progress on the application for over a year.

Members debated the application further and raised a number of concerns regarding the application, including its location in the green belt, it’s impact on the area and that it was inappropriate development.  

It was proposed and seconded that the application be REFUSED based on the views outlined by Members. Upon being put to the vote, this was carried.

RESOLVED:

To REFUSE the application for the following reasons:

i)                The proposed agricultural storage barn is regarded as inappropriate development within the Green Belt, given there is no substantive evidence that this site is within a genuine agricultural use.

ii)              No very special circumstances have been demonstrated that clearly outweigh the harm to the Green Belt by way of inappropriateness and any other harm.

iii)             The proposal by virtue of the building's position and scale would have a detrimental impact on the character and appearance of the Green Belt, will lead to a loss of openness, is an overdevelopment of the site and leads to encroachment into the Green Belt.

iv)             The proposal would be contrary to the Policies SP2 and SP3 of the Core Strategy, Policies EMP 13 of the Selby District Local Plan, and Paragraphs 143, 144 and 145 of the NPPF.

Application: 2021/0400/FULM

Location: Just Paper Tubes, Cliffe Common, Cliffe

Proposal: Construction of a new warehouse building (B8) adjoining an existing warehouse building and formation of new parking area

The Principal Planning Officer presented the application which had been brought before Planning Committee as 14 letters of representation had been received which raised material planning considerations in objection to the scheme, and officers would have otherwise determined the application contrary to these representations.

Members noted that the application was for the construction of a new warehouse building (B8) adjoining an existing warehouse building and formation of new parking area.

Mr Gary Wilson, Parish Councillor, was invited remotely into the meeting and spoke in against the application.

Members debated the application further and noted that there had been no objections from North Yorkshire County Council Highways to the application. They also felt that the application was policy compliant and appropriate development.

In accordance with the officer’s report, it was proposed and seconded that the application be GRANTED. 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: 2020/0225/FULM

Location: Land South of Gloster Close, Busk Lane, Church Fenton

Proposal: Proposed change of use from grazing agricultural land to BMX cycle track with toilet block, picnic area and car park

The Principal Planning Officer presented the application which had been brought before Planning Committee due to the significant number of representations both in support and opposition to the application, which raised material planning considerations, and that officers would otherwise have determined the application contrary to some of the representations.

Members noted that the application was for the proposed change of use from grazing agricultural land to BMX cycle track with toilet block, picnic area and car park.

The Officer Update Note set out three additional letters of representation which had been received including the comments and officer responses. In response to the comments, the Update Note outlined amendments to some conditions in the report and proposed the inclusion of an additional condition. 

The Committee asked questions of the Officer regarding additional conditions relating to grazing and agriculture and flooding risks.

In accordance with Council Procedure Rule 9, a vote was taken for the meeting to continue beyond three hours in length in the event it ran over this time.

RESOLVED:

                    To continue the meeting beyond three hours if needed.

Mr Ben Botham, objector, had submitted a statement to be read out to the Planning Committee against the application.

Mr Sam Dewar, agent, was invited remotely into the meeting and spoke in favour of the application.

Discussion took place regarding imposing an additional condition that the land should revert back to agricultural use if the current proposed use ceased. Members were advised that such a condition would be difficult to impose.

Members debated the application further and felt that there should be a site visit to gain a better understanding of the application and the site.

It was proposed and seconded that the application be DEFERRED for a site visit. A vote was taken on the proposal and was carried.

RESOLVED:

To DEFER the application for a site visit.

Following their earlier declaration, Councillors Duckett and Mackman left the meeting at this point and did not participate in the discussion or vote on the next item. A vote to elect a Chairman was conducted. It was proposed and seconded that Councillor Packham be elected as Chair for the rest of the meeting. Upon being put to the vote, this was carried.

RESOLVED:

To elect Councillor Packham as Chair for the rest of the meeting. 

Application: 2020/1094/DOV

Location: Station Road, Carlton

Proposal: Request for a Deed of Variation to Section 106 agreement of approvals 2014/1130/OUT - Outline application with all matters reserved for a development of up to 67 no. dwellings, together with associated infrastructure and open space provision; and 2014/1129/OUT - Outline application with all matters reserved for a development of up to 66 no. dwellings, together with associated infrastructure and open space provision at Land at Station Road, Carlton

The Assistant Principal Planning Officer presented the application which had been brought before Planning Committee for consideration due to it being a proposal to vary the composition of the affordable housing provision at the site, which was agreed by Members at Planning Committee on 29 July 2015 and was subject to a Section 106 agreement.

Members noted that the application was a request for a Deed of Variation to Section 106 agreement of approvals 2014/1130/OUT - Outline application with all matters reserved for a development of up to 67 no. dwellings, together with associated infrastructure and open space provision; and 2014/1129/OUT - Outline application with all matters reserved for a development of up to 66 no. dwellings, together with associated infrastructure and open space provision at Land at Station Road, Carlton.

The Committee asked questions of the officer regarding affordable housing on the site.

Mr Alasdair Manson, agent, attended the meeting in person and spoke in favour of the application.

Members debated the application further and agreed to support the officer recommendations.  

In accordance with the Officer’s report, it was proposed and seconded that the application be GRANTED. A vote was taken on the proposal and was carried.

RESOLVED:

That the request for a Deed of Variation be APPROVED, and that delegation to be given to Officers to complete a Deed of Variation to the original Section 106 agreement of approvals 2014/1130/OUT and 2014/1129/OUT at Land at Station Road, Carlton, to vary the composition of the affordable housing provision such that it could be provided by Rentplus UK as affordable rent to buy. The actual total amount of affordable housing would remain unchanged from the 4.5 % previously agreed.