Agenda item

Application: 2020/0225/FULM

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

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 deferred at the meeting of 30 June 2021 for a site visit by the Committee. The application was originally 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 determine the application contrary to some of these 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 additional letters of representation which had been received and which had been summarised in the Officers report, an update on the flood risk section, condition 16 required the words “only to” adding on the first line between limited and the; and the proposed inclusion of two additional conditions in relation to site management and the possibility of a personal condition. The Officer requested that Members give Officers   delegation to agree and attach any additional site management conditions.

In addition, Members were informed that following re-consultation with the Internal Drainage Board (IDB) because the proposal was to establish a gravity connection with the existing watercourse to the west, the consent of the IDB was required by law, this had been covered at planning condition 6, which stated that a full drainage strategy was to be agreed prior to commencements.

In terms of imposing an additional condition that the land should revert back to agricultural use if the proposed BMX facility ceased to operate, Members were advised that such a condition would be difficult to impose and enforce.

Officers informed Members that the Council were required to undertake a statutory consultation with the Leeds East Airport and the Civic Aviation Authority in relation to flight paths and therefore, the decision would be a minded to decision subject to the expiry of the 21-day consultation being undertaken, and members giving officers delegation to issue the decision subject to no issues being raised.

The Committee asked questions of the Officer regarding additional conditions relating to the land reverting to agricultural use and possible volumes of traffic at the site.

In response to a query regarding whether a condition could be applied relating to agricultural reversion and would there be a concept of abandonment which might apply if the site was not being maintained and being used infrequently.  The Solicitor confirmed that a condition on abandonment could be imposed as a cessation of use at the site would be easier to identify, however the enforceability of such a condition could be problematic. 

Richard Walls, objector, had submitted a statement to be read out to the Planning Committee against the application.

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

Members debated the application further and agreed that the extent of the BMX site was a good distance away from local housing, the hours of operation were considered appropriate, and there was no other facility of its kind in the area.

Members agreed to support the officer recommendations with the added condition that the site reverts back to agricultural use should the BMX site be abandoned in the future. 

It was proposed and seconded that the application be minded to GRANT. A vote was taken on the proposal and was carried.

RESOLVED:

To be minded to GRANT the application subject togiving officers delegation to issue the decision subject to no issues being raised following statutory consultation with the Civil Aviation Authority and Leeds East Airport, giving officers delegation to agree any additional conditions in relation to site management, attach the conditions set out at paragraph 7 of the report and in the officer update note.  And add the additional condition that the site reverts back to agricultural use should the BMX site be abandoned in the future.