Agenda and minutes

Apologies for absence were received from Councillor Mrs E Casling. Councillor Mrs D White was in attendance as a substitute for Councillor Mrs E Casling.

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.

There were no disclosures of interest.

The Committee noted that the order of the agenda had been adjusted to reflect the number of public speakers registered in relation to each application. The order of business would therefore be as follows:

1.     2017/0443/REM – Land Adj to Station Mews, Church Fenton, Selby

2.     2017/1269/FUL – Land Adj to Common Farm, Biggin Lane, Biggin

3.     2017/1228/FULM – Land Off East Acres, East Acres, Byram, Knottingley

The Chairman also advised the Committee that an update note had been circulated by officers.

The Planning Committee is asked to agree to the suspension of Council Procedure Rules 15.1 and 15.6(a) for the committee meeting. This facilitates an open debate within the committee on the planning merits of the application without the need to have a proposal or amendment moved and seconded first. Councillors are reminded that at the end of the debate the Chair will ask for a proposal to be moved and seconded. Any alternative motion to this which is proposed and seconded will be considered as an amendment. Councillors who wish to propose a motion against the recommendations of the officers should ensure that they give valid planning reasons for doing so.

The Committee considered the suspension of Council Procedure Rules 15.1 and 15.6 (a) to allow for a more effective discussion when considering planning applications.

RESOLVED:

To suspend Council Procedure Rules 15.1 and 15.6 (a) for the duration of the meeting.

To confirm as a correct record the minutes of the Planning Committee meeting held on 10 January 2018.

The Committee considered the minutes of the Planning Committee meeting held on 10 January 2018.

The Committee noted that Councillor J Deans had been present at the meeting but his attendance had been omitted from the minutes; Officers were asked to correct this.

The Committee also noted that in reference to minute item 51.2 – 2017/0701/OUT – Yew Tree House, Main Street, Kelfield, that the appeal on the site had been dismissed by the Planning Inspector.

RESOLVED:

To approve the minutes of the Planning Committee meeting held on 10 January 2018 for signing by the Chairman, subject to the amendment of Councillor J Deans’ attendance.

The Committee is asked to note the content of the report and agree the working protocol set out in paragraph 2.6 pending the update to the Code of Practice for Dealing with Planning Matters.

The Committee were asked to note the content of the report and agree the working protocol set out in paragraph 2.6, pending the update to the Code of Practice for Dealing with Planning Matters.

The Committee had previously received a briefing session on the content and implications of the report.

Councillor B Packham proposed and Councillor J Deans seconded that paragraph 2.6, as detailed in the recommendation, be amended to only include the first three bullet points, as set out below:

‘Where a Councillor wishes to move a proposal contrary to the recommendation of the planning officer he/she should:

-              Confirm whether they accept the officer’s view on whether the application in question is or is not in conflict with the Development Plan, and if not, give reasons for that view.

-              Identify any relevant policy reasons for their view

-              Confirm whether they agree with the identification of material considerations set out in the report and if not:

o        Identify what additional material considerations exist and/or

o        Identify where different weight has been given to that in the officer report.’

A vote was taken on the amendment and was carried.

RESOLVED:

To note the content of the report and agree the working protocol set out in paragraph 2.6 as amended, pending the update to the Code of Practice for Dealing with Planning Matters.

The Committee is asked to note the intention to undertake a review of the Council’s local information requirements in respect of validating planning and related applications leading to the adoption of a revised “Local List” by the Director of Economic Regeneration and Place. The review will include a six-week period of public consultation.

The Principal Planning Officer presented the report and asked the Committee to note the intention to undertake a review of the Council’s local information requirements in respect of validating planning and related applications leading to the adoption of a revised “Local List” by the Director of Economic Regeneration and Place.

The Committee expressed some concerns around accessibility to the document for people who did not use the internet; Officers confirmed that paper copies would be available at the Council Offices, Contact Centre and on request.

It was proposed and seconded that the report be noted by the Committee.

RESOLVED:

To note the intention to undertake a review of the Council’s local information requirements in respect of validating planning and related applications leading to the adoption of a revised “Local List” by the Director of Economic Regeneration and Place, and that the review will include a six-week period of public consultation. 

The Committee considered the following planning applications.

Application: 2017/0443/REM

Location:  Land Adj to Station Mews, Church Fenton, Selby

Proposal: Reserved matters application relating to appearance, landscaping, layout and scale of 5 No dwellings of approval 2016/0505/OUT outline application for the erection of 5 new dwelling houses with access (all other matters reserved)

The Senior Planning Officer presented the application that had been brought to the Committee due to there being more than 10 objections to the proposal.

Members noted that the application had been deferred at the December meeting of Planning Committee for a site visit, undertaken on Tuesday 6 February. Amended plans were submitted by the applicant to improve the separation distance between the gable wall of Plot 5 and the rear of 17 Fieldside Court.

The Committee were informed that the application was for reserved matters relating to appearance, landscaping, layout and scale of 5 No dwellings of approval 2016/0505/OUT outline application for the erection of 5 new dwelling houses with access (all other matters reserved).

In reference to the officer update note, the Planning Officer explained that a further 10 objections to the revised plans, which made amendments to plot 5, had been received. The objections had been noted but did not raise any new material planning considerations that had not already been discussed in the committee report. One objection referred to the Outline consent showing 5 affordable houses; this was factually incorrect as there was no affordable housing shown or required in the Outline application.

Alan Wilson spoke in objection to the application.

Ross Higham, representing Church Fenton Parish Council, spoke in objection to the application.

Jason Papprill, agent, spoke in support of the application.

The Committee debated the application further and asked questions of Officers regarding separation distance, permitted development rights, car parking provision and the positioning of windows on the gable end of Plot 5.

It was proposed and seconded that the application be approved.

RESOLVED:

            To APPROVE the application subject to conditions set out in paragraph 7.0 of the report.

Application: 2017/1269/FUL

Location: Land Adj to Little Common Farm, Biggin Lane, Biggin

Proposal: Proposed erection of a six bedroom detached dwelling with integral garage

The Senior Planning Officer presented the application that had been brought before the Committee as Officers considered that although the proposal was contrary to the provisions of the Development Plan there were material considerations which would justify approving the application.

The Committee was informed that the application was for the proposed erection of a six bedroom detached dwelling with integral garage.

In reference to the officer update note, the Senior Planning Officer explained that one further objection had been received from a neighbour citing reasons already discussed in the report, and reference to protecting their hedge referring to another Planning Authority’s guidance.

Tony Bowey spoke in objection to the application.

Nick Watson, agent, spoke in support of the application.

The Committee noted that the matter of prevention of damage to the neighbouring boundary hedge could be dealt with under condition 9 as set out in the report; that the development would not be brought into use until a scheme detailing the boundary treatment of the site had been submitted to and approved in writing by the Local Planning Authority.

It was proposed and seconded that the application be approved.

RESOLVED:

            To APPROVE the application subject to conditions set out in paragraph 8.0 of the report.

Application: 2017/1228/FULM

Location: Land Off East Acres, East Acres, Byram, Knottingley

Proposal: Section 73 to vary condition 10 (10% Energy) of approval 2016/0831/FUL: Development on scrub land to provide 29 dwellings accommodating 1,2,3 and 4 bedrooms in a mix of semi-detached and terraced houses

The Planning Officer presented the application that had been brought before the Committee due to the proposal being contrary to Policy SP16 (Improving Resource Efficiency) of the Selby District Core Strategy (2013).

The Committee were informed that the application was for a Section 73 to vary condition 10 (10% Energy) of approval 2016/0831/FUL: Development on scrub land to provide 29 dwellings accommodating 1, 2, 3 and 4 bedrooms in a mix of semi-detached and terraced houses.

It was proposed and seconded that the application be approved.

RESOLVED:

The Committee were minded to approve the application, subject to:

i)       the applicant entering into a Section 106 Deed of Variation Legal Agreement in order to secure the affordable housing, recreational open space and waste and recycling contribution secured as per planning permission 2016/0831/FUL;

ii)     no new issues being raised as a result of publicity within the remainder of the consultation period (to expire 8 February 2018) and;

iii)    the conditions set out in paragraph 6.0 of the report.