Agenda item

Application: 2018/1387/FUL

Location: Birchwood Lodge, Market Weighton Road, Barlby, Selby

Proposal:  Proposed forming of new workshop and use of runway for any day of the week

The Senior Planning Officer presented the application for the proposed forming of a new workshop and use of the runway for any day of the week, which had been considered by the Committee on 7 August 2019, at which Members had resolved to defer the application so that a site visit could be undertaken, and to allow Officers to consider amendments to conditions.

It was explained that the amendments requested by Planning Committee to the conditions were as follows:

-       That the workshop, Building A, as shown on plan reference 18114_P-004A should only be retained for a period of 2 years rather than 3.

-       That the flight days should be restricted further to create a consistent weekly ‘flight free’ day.

It was considered that the request to amend the condition relating to the retention of the workshop building for 2 years rather than 3 was acceptable. Further discussions had been undertaken with the applicant and agent regarding restrictions on flights. The applicants had suggested the following:

·           Limiting the use of the runway on a Sunday to a maximum of 10 days per calendar year, and a Saturday to 30 days per year, with restricted hours of 10.00 am to 4.00 pm subject to the applicant being able to use the runway for a maximum of 100 days, Monday to Friday, 7.30 am to 5.00 pm; which would virtually limit operations to the normal working week and standard working hours.

Following discussions with Planning Enforcement and Legal Services it was not considered that the suggested flight restrictions would be enforceable. Therefore, Officers had been unable to amend the conditions to restrict flights further.

However, Members acknowledged that should they be minded to restrict flights, it was considered a condition restricting flights to Monday to Saturday only would be enforceable, such as:

‘The use of the airstrip shall be limited to Monday to Saturday within the hours of 08:00 and 17:00; no take-off or landing manoeuvres shall take place outside the specified times.

Reason:

To protect the residential amenity of the area.’

In relation to the officer update note, Members noted that condition 12 had been amended to refer to ‘Public Holidays’ rather than ‘Bank Holidays’. A copy of the flight log had also been provided, which included flights from March 2019 until 8 October 2019.

In response to a query, Officers justified the temporary permission for the workshop because the application was retrospective, required for business need and had been agreed by the applicants.

Michael McDonald, objector, spoke in objection to the application.

Councillor Karl Arthur, Ward Member, spoke in objection to the application.

Jonathan Forman, agent, spoke in support of the application.

Members considered the application in full and agreed that the site visit had been useful. It had been noted on the site visit that it had been tidy, and that most of the noise at the site had come from the nearby main road.

Some Members queried the safety of the access road and any ongoing planning enforcement in relation to the site, but Officers confirmed that these matters were not for consideration as part of the application.

The Committee agreed that further amendments to the days and times permitting flights should be made. It was proposed and seconded that condition 8 be amended as follows (in bold):

‘0.8 The use of the airstrip shall be limited to the hours of 08:00 and 17:00, no take-off or landing manoeuvres shall take place outside the specified times Monday to Saturday and not at all on Sundays and Public Holidays.’

A vote was taken on the amendment and was carried.

It was proposed and seconded that the application be APPROVED with the amendment to condition 8 as set out above. A vote was taken on the amended proposal and was carried.

RESOLVED:

To APPROVE the application, subject to the conditions set out at paragraph 6 of the report, including amended condition 8 as set out below and the officer update note:

Condition 08: The use of the airstrip shall be limited to the hours of 08:00 and 17:00, no take-off or landing manoeuvres shall take place outside the specified times Monday to Saturday and not at all on Sundays and Public Holidays.