Agenda item

Councillor M Topping left the meeting at this point.

Application: 2020/0549/S73

Location: Fields Garden Centre, Tadcaster Road, Sherbern in Elmet, Leeds

Proposal: Section 73 application to vary condition 02 (opening hours) of approval 2019/0663/FUL Conversion of former glass house including recladding to provide extension to tea room extending covers to 66 in total, retention of terrace and its use as outdoor seating area/plant sales area, extension to existing car park to provide overflow and formation of children's play area granted on 16 April 2020

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; Officers would have otherwise determined the application contrary to some of these representations.

The Committee noted that the application was a Section 73 application to vary condition 02 (opening hours) of approval 2019/0663/FUL  - Conversion of former glass house including recladding to provide extension to tea room extending covers to 66 in total, retention of terrace and its use as outdoor seating area/plant sales area, extension to existing car park to provide overflow and formation of children's play area, granted on 16 April 2020.

An Officer Update Note had been circulated to the Committee which set out the details of additional representations that had been received in relation to the application.

Members asked questions on various matters including the potential for any additional employment opportunities as a result of the application, the proposed extended hours of operation for the café and the effect on nearby properties and the site’s inclusion in the Green Belt and Locally Important Landscape Area (LILA). The Officer explained that the application did not constitute inappropriate development in the Green Belt due to the use of the existing buildings and its incremental expansion. In response to a further query from the Committee, the Officer confirmed that there was an application under consideration by the Local Planning Authority for its further expansion with the erection of covered plant sales structures.

Mr Peter Rawnsley, objector, was invited remotely into the meeting and spoke in against the application.

Councillor David Buckle, Ward Member, was invited remotely into the meeting and spoke in support of the application.

The Committee continued to discuss the application in detail. Members acknowledged the mixed use of the site and that it was first and foremost a garden centre with a secondary café facility. However, the proposed opening hours until 9.00pm had caused concern amongst the Committee, with earlier times such as 7.00pm being proposed. The Officer confirmed that earlier closing times had been suggested to the applicant, but they had stated that they wished to continue with a proposal for 9.00pm. Members felt that they could not support the scheme due to the intensification of use of the site, which was in the Green Belt and would affect its character and openness, and the later opening time of 9.00pm which had the potential for a harmful effect on the living conditions of the adjacent residential dwellings. 

Councillor M Topping re-joined the meeting at this point. As he had missed the Officer’s presentation he was unable to take part in the debate or decision on the application.

It was proposed and seconded that the application be REFUSED for the reasons set out above.

A vote was taken on the proposal and was carried.

RESOLVED:

To REFUSE the application for the following reasons:

Green Belt

i.              The proposal lies within the Green Belt, where one of the fundamental aims is to keep land permanently open; the essential characteristics of Green Belts are their openness and their permanence.  The proposed extension to the opening hours will significantly intensify the use, resulting in increased vehicular and pedestrian activity visiting the site, cars parked in the car park for longer periods, illumination of the premises for longer periods  all of which will increase the activity at the site.  This is regarded to have a harmful impact on the character and openness of the Green Belt, as such is contrary to Policy SP 3 of the Core Strategy and section 13 of the NPPF.

Living Conditions

ii.            The site lies immediately adjacent to a cluster of residential dwellings.  The permitted operating hours provide relief for the adjacent residents from the garden centre/café use, in terms of restricting the café use to daytime trading hours with 5pm closing.  The proposed extension of the hours, in particular until 9pm, 3 days a week, is a significant intensification of this use, which will result in increased vehicular and pedestrian activity visiting the site and increase the potential for the building and outside space to generate noise and disturbance from the café late into the evening.  This is regarded to have a harmful impact on the living conditions (or amenities) of adjoining occupiers, contrary to Selby District Local Plan Policy ENV 1 and advice contained within Paragraph 180 of the NPPF.