Public Minutes of the meeting held on 20 September 2012

North York Moors National Park AuthorityPlanning CommitteeItem 1<strong>Public</strong> <strong>Minutes</strong> <strong>of</strong> <strong>the</strong> <strong>meeting</strong> <strong>held</strong> at The Old Vicarage, Helmsley on Thursday 20September 2012.Present: Mrs V Arnold, J Bailey, M Bowes, B Briggs, D Hugill, M Knaggs, T Lawn,Mrs J Mitchell, E Sanderson, S Sc<strong>of</strong>fin, A Scott, Mrs C Seymour, G H Simpson, B Su<strong>the</strong>rs,R I Thompson, H Tindall, P WheelerApologies: Ms A Fisher, Mrs J Frank, D C Jeffels, P Lawson, Mrs H Swiers,Copies <strong>of</strong> all Documents Considered are in <strong>the</strong> Minute Book66/12 <strong>Minutes</strong>Resolved:That <strong>the</strong> minutes <strong>of</strong> <strong>the</strong> <strong>meeting</strong> <strong>held</strong> on 23 August 2012, having been printed andcirculated, be taken as read and be confirmed and signed by <strong>the</strong> Chairman as acorrect record.67/12 Members InterestsMembers were reminded <strong>of</strong> <strong>the</strong>ir responsibility to declare any personal and prejudicialinterests relating to any agenda item prior to its consideration.68/12 Emergency Evacuation ProcedureThe Chairman informed Members <strong>of</strong> <strong>the</strong> <strong>Public</strong> <strong>of</strong> <strong>the</strong> emergency evacuationprocedure.69/12 Exclusion <strong>of</strong> <strong>the</strong> <strong>Public</strong>Resolved:That, pursuant to Section 100(A) (4) <strong>of</strong> <strong>the</strong> Local Government Act 1972, <strong>the</strong> publicbe excluded from <strong>the</strong> <strong>meeting</strong> during consideration <strong>of</strong> Item No 11 on <strong>the</strong> groundsthat it involves <strong>the</strong> likely disclosure <strong>of</strong> exempt information as defined in paragraphs1, 2 & 5 <strong>of</strong> Part 1 <strong>of</strong> Schedule 12A to <strong>the</strong> Local Government Act 1972.70/12 Forest Design Plan Consultation – Broxa ForestConsidered:The report <strong>of</strong> <strong>the</strong> Woodland Officer.Recommendation:That <strong>the</strong> Broxa Forest Design Plan is welcomed for <strong>the</strong> contribution to Authorityobjectives it proposes.That Officers pass on any o<strong>the</strong>r comments to <strong>the</strong> Forestry Commission whichMembers may wish to make.Planning Minute/1

Resolved:That Members welcomed <strong>the</strong> Broxa Forest Design Plan for <strong>the</strong> contribution toAuthority objectives it proposes and agreed that Officers pass on any o<strong>the</strong>rcomments to <strong>the</strong> Forestry Commission which Members may wish to make.Members raised concern regarding <strong>the</strong> speed that timber extraction wagons traveland requested that consideration be given to a woodland restoration programme fordoor mice. Officers agreed to pass <strong>the</strong>se comments onto <strong>the</strong> Forestry Commissionfor consideration.71/12 Design Guide Part 5: New Agricultural Buildings Supplementary PlanningDocumentConsidered:The report <strong>of</strong> <strong>the</strong> Planning Policy Officer.Recommendation:That Members approve <strong>the</strong> draft Design Guide Part 5: New Agricultural BuildingsSupplementary Planning Document for public consultation and that Officers areauthorised to make minor text changes in preparing <strong>the</strong> document for consultation.That Members resolve to amend <strong>the</strong> sixth sentence <strong>of</strong> paragraph 10.1 <strong>of</strong> <strong>the</strong>Statement <strong>of</strong> Community Involvement to state ‘In preparing SupplementaryPlanning Documents <strong>the</strong> National Park Authority will (as appropriate):…’, and agreethat <strong>the</strong>re will be no press advertisement in relation to consultation on Part 5 <strong>of</strong> <strong>the</strong>Design Guide.Resolved:That Members approved <strong>the</strong> draft Design Guide Part 5: New Agricultural BuildingsSupplementary Planning Document for public consultation, and authorised Officersto make minor text changes in preparing <strong>the</strong> document for consultation. Membersresolved to amend <strong>the</strong> sixth sentence <strong>of</strong> paragraph 10.1 <strong>of</strong> <strong>the</strong> Statement <strong>of</strong>Community Involvement to state ‘In preparing Supplementary Planning Documents<strong>the</strong> National Park Authority will (as appropriate):…’, and agreed that <strong>the</strong>re will be nopress advertisement in relation to consultation on Part 5 <strong>of</strong> <strong>the</strong> Design Guide.Members requested that <strong>the</strong> Authority prepares a press release on <strong>the</strong> consultation<strong>of</strong> <strong>the</strong> Design Guide and that Officers consider <strong>the</strong> insertion <strong>of</strong> hyperlinks into <strong>the</strong>pdf version <strong>of</strong> <strong>the</strong> Guide.72/12 Enforcement Issues at Grange Farm StaintondaleAlthough it is not standard practice to allow members <strong>of</strong> <strong>the</strong> public <strong>the</strong>opportunity to speak for three minutes on enforcement items, at <strong>the</strong> Chairman’sdiscretion, Thelma Else and Laurie Norris (<strong>of</strong> <strong>the</strong> National Farmers Union) weregiven <strong>the</strong> opportunity to address Members for three minutes each.Considered:The report <strong>of</strong> <strong>the</strong> Enforcement Officer.Tim Lawn and David Hugill both declared a personal interest in this Item asmembers <strong>of</strong> <strong>the</strong> National Farmers Union.Planning Minute/2

Recommendation:That: Enforcement action, and any o<strong>the</strong>r legal action necessary, be authorised tosecure• The demolition <strong>of</strong> <strong>the</strong> unauthorised extent <strong>of</strong> <strong>the</strong> building;• The infilling <strong>of</strong> <strong>the</strong> reservoir and implementing a restorative managementplan; and• The removal from <strong>the</strong> land <strong>of</strong> all construction materials and rubble arisingfrom <strong>the</strong> above with a time frame for compliance <strong>of</strong> six months;And to authorise no fur<strong>the</strong>r Enforcement action be taken in respect <strong>of</strong> <strong>the</strong>• The plateau• Farm tracks;• Duck ponds; and• Water storage pond.Resolved:The following recommendations were put forward, moved and seconded:• Deferral for a site visit• Deferral to seek independent advice on farm building design and size inrelation to ventilation and impact on animal welfare and economic issues• To take action in accordance with <strong>the</strong> Officer recommendation.A vote was taken on <strong>the</strong> recommendation to defer <strong>the</strong> item to enable a site visit tobe <strong>held</strong>, however this vote was lost. Following on from this, a vote was taken todefer <strong>the</strong> item to seek independent advice on farm building design and size inrelation to ventilation and impact on animal welfare and and economic issues whichwas carried and <strong>the</strong> item deferred.73/12 Enforcement Action Progress ReportConsidered:The report <strong>of</strong> <strong>the</strong> Enforcement Officer.Resolved:That <strong>the</strong> report be noted.74/12 Miscellaneous ItemsConsidered:The report <strong>of</strong> <strong>the</strong> Director <strong>of</strong> Planning.Resolved:That <strong>the</strong> report be noted, however reference made under ‘Business’ on <strong>the</strong> frontpage <strong>of</strong> <strong>the</strong> Agenda to ‘Numbers <strong>of</strong> Planning Applications Determined’ at 9 (d)should be omitted and under 9 (b) ‘Planning Applications Determined by <strong>the</strong>Director <strong>of</strong> Planning’ NYM/2012/0432/OHL should state ‘No objections’ andNYM/2012/0433/FL should state ‘Approved’.75/12 Applications for Planning PermissionThe following members <strong>of</strong> <strong>the</strong> public addressed <strong>the</strong> <strong>meeting</strong> regarding <strong>the</strong> Plans ListItems indicated:Plans List Item 7 – John Noble spoke in favour <strong>of</strong> <strong>the</strong> application.Planning Minute/3

Plans List Item 10 – High Massey spoke in favour <strong>of</strong> <strong>the</strong> application.Considered:The report listing applications and <strong>the</strong> Director <strong>of</strong> Planning’s recommendations<strong>the</strong>reon. Members also considered fur<strong>the</strong>r information circulated on <strong>the</strong> Members’Update Sheet at <strong>the</strong> <strong>meeting</strong> including; updated recommendations from <strong>the</strong> Director<strong>of</strong> Planning and comments received after <strong>the</strong> agenda was printed from: consultees,objectors and supporters.Resolved:(a) That with regard to all applications listed in <strong>the</strong> report and subject to:(i) <strong>the</strong> amendments specified below; and(ii) <strong>the</strong> imposition <strong>of</strong> conditions in accordance with <strong>the</strong> relevant provisions<strong>of</strong> Sections 91-94 <strong>of</strong> <strong>the</strong> Town and Country Planning Act 1990, exceptin those instances where an alternative condition is contained in <strong>the</strong>Director <strong>of</strong> Planning’s recommendation or in an amendment referred toin (i) above;decisions be given in accordance with <strong>the</strong> Director <strong>of</strong> Planning’srecommendations:ListPlan No and Description <strong>of</strong> ProposalNo1. NYM/2012/0515/FL – Construction <strong>of</strong> two storey rear extension at Wyncote,Thorpe Lane, Robin Hoods Bay for Mr Michael Sutton, Apt 5, Thompson Court,Hipperholme, Halifax, West Yorkshire, HX3 8FL.DecisionApproved as recommended.2. NYM/2012/0264/FL – Conversion <strong>of</strong> and alterations to garage/workshop to formholiday letting cottage (revised scheme to NYM/2011/0167/FL) at North Ings,Station Road, Robin Hoods Bay for Mr Robert Fretwell, North Ings, Station Road,Robin Hoods Bay.DecisionApproved as recommended with amendments to conditions 2 and 11 as set outon <strong>the</strong> Members Update Sheet and with <strong>the</strong> Director <strong>of</strong> Planning to clear <strong>the</strong>decision following receipt <strong>of</strong> amended details which show no alterations to <strong>the</strong>railings and with a subsequent amendment to condition 11 following receipt <strong>of</strong> <strong>the</strong>plan:2. Strict Accordance With <strong>the</strong> Documentation Submitted or Minor Variations –Document No.s Specified11. Prior to <strong>the</strong> development hereby approved being first brought into use, <strong>the</strong>alterations to <strong>the</strong> wall, comprising <strong>the</strong> removal <strong>of</strong> some <strong>of</strong> <strong>the</strong> railings, shall beinspected and approved in writing by <strong>the</strong> Local Planning Authority in consultationwith <strong>the</strong> Highway Authority.3. NYM/2012/0458/FL – Conversion <strong>of</strong> barn to form ancillary residential annexeaccommodation at Quarry Cottage, Raw for Mr & Mrs Andre and ChristineRichter, Quarry Cottage, Shop Hill, Raw, Whitby, North Yorkshire, YO22 4PP.DecisionApproved as recommended.4. NYM/2012/0457/FL – Alterations and construction <strong>of</strong> two storey and single storeyextensions including replacement porch at Broom Rise, Pollard Road, Ravenscarfor Mr & Mrs Michael Wildon, Broom Rise, Pollard Road, Ravenscar,Scarborough, North Yorkshire, YO13 0NB.DecisionApproved as recommended.Planning Minute/4

5. NYM/2012/0210/FL – Erection <strong>of</strong> a 5 kW wind turbine (maximum height to bladetop 17.50m) at Rosedale Intake, Danby for Mr Peter Woods, Rosedale Intake,Danby, Whitby, North Yorkshire, YO21 2LX.DecisionHerbert Tindall declared a personal interest in this item as he has beenheavily lobbied.Approved as recommended with <strong>the</strong> Director <strong>of</strong> Planning to clear <strong>the</strong> decisionfollowing Officers entering into discussions and <strong>the</strong> applicant agreeing to <strong>the</strong>relocation <strong>of</strong> <strong>the</strong> proposed turbine, with an amendment to <strong>the</strong> height stated in <strong>the</strong>development description and report from 17.50 metres to 17.75 metres and withan amendment to conditions 3 and 6 as set out on <strong>the</strong> Members Update Sheet asfollows:3. The head gear and tower shall be coloured dark grey and shall be maintainedin that condition in perpetuity unless o<strong>the</strong>rwise agreed in writing with <strong>the</strong> LocalPlanning Authority.6. If <strong>the</strong> turbine hereby approved ceases generating electricity for a period <strong>of</strong> sixmonths <strong>the</strong>n within one month after <strong>the</strong> end <strong>of</strong> that period <strong>the</strong> turbine and itsassociated equipment shall be removed from <strong>the</strong> site and <strong>the</strong> site restored, as faras practical, to its condition before development took place.6. NYM/2012/0411/FL – Refurbishment works to farmhouse, conversion <strong>of</strong> andextension to buildings to form 10 no. serviced guest rooms with communal areasand conversion <strong>of</strong> garage to form <strong>of</strong>fice toge<strong>the</strong>r with associated landscapingworks and constriction <strong>of</strong> 1 no. agricultural building and 1 no. storage building atWest Acre Lodge, Boltby for Mr Christopher Blundell. Mount St john, Felixkirk,Thirsk, North Yorkshire.DecisionApproved as recommended with <strong>the</strong> decision delegated to <strong>the</strong> Director <strong>of</strong>Planning to clear once <strong>the</strong> access issues have been satisfactorily addressed.7. NYM/2012/0498/FL – Permanent use <strong>of</strong> land as a motocross track for up to 10days per calendar year at Skelder Farm, Guisborough Road, Aislaby for WhitbyMotocross Club, Skelder Farm, Guisborough Road, Aislaby, Whitby, NorthYorkshire, YO21 1TN.DecisionTim Lawn declared a personal and prejudicial interest in this item due tobeing related to <strong>the</strong> Agent and left <strong>the</strong> room. Herbert Tindall chaired thisitem in Tim Lawn’s absence.Approved as recommended with an amendment to condition 8 as set out on <strong>the</strong>Members Update Sheet:8. If <strong>the</strong> use <strong>of</strong> <strong>the</strong> land as a motor cross track hereby approved ceases for aperiod <strong>of</strong> 18 months <strong>the</strong>n within 3 months after <strong>the</strong> end <strong>of</strong> that period <strong>the</strong> trackand its associated equipment shall be removed from <strong>the</strong> site and <strong>the</strong> siterestored, as far as practical, to its condition before development took place.8. NYM/2012/0497/FL – Use <strong>of</strong> land as a tea garden and erection <strong>of</strong> building toserve refreshments with associated access works at Stonehaven, Hall Lane,Glaisdale for Mr Rodger Norris, Stonehaven Hall Lane, Glaisdale, Whitby, NorthYorkshire YO21 2PB.DecisionApproved as recommended.Planning Minute/5

9. NYM/2012/0598/FL – Permission for temporary exploratory potash borehole andassociated plant, equipment including drilling rig (max height 33 metres) andaccess arrangements at Blue Bank Quarry, Sleights for York Potash Ltd, fao: MrNiall Kelly, 7 – 10 Manor Court, Manor Garth, Scarborough, North Yorkshire,YO11 3TU.DecisionTim Lawn declared a personal and prejudicial interest in this item as a landowner with mineral rights and left <strong>the</strong> room. Herbert Tindall chaired thisitem in Tim Lawn’s absence. The Authority’s solicitor Richard Smithdeclared a conflict <strong>of</strong> interest in this item due to his connection withScarborough Borough Council and left <strong>the</strong> room.Approved as recommended with <strong>the</strong> decision delegated to <strong>the</strong> Director <strong>of</strong>Planning to clear <strong>the</strong> decision once ecology and <strong>Public</strong> Rights <strong>of</strong> Way issues havebeen satisfactorily addressed and with five additional conditions as set out on <strong>the</strong>Members Update Sheet:5. HWAY06 Discharge <strong>of</strong> Surface Water6. HWAY07 Private Access/Verge Crossings: Construction Requirements7. HWAY10 Visibility Splays8. HWAY18A Precautions to Prevent Mud on <strong>the</strong> Highway9. HWAY25A Site Access Warning Signs10. NYM/2012/0585/FL – Construction <strong>of</strong> amenity block building with storage spacefor <strong>the</strong> exclusive use <strong>of</strong> <strong>the</strong> Girl Guides Association (retrospective) at land onEaston Lane, Ainthorpe, Danby for Mrs Sue So<strong>the</strong>ran, Home Farm, Yearby,Redcar, TS11 8HQ.DecisionApproved as recommended with an additional condition as set out on <strong>the</strong>Members Update Sheet:4. Within three months <strong>of</strong> <strong>the</strong> date <strong>of</strong> this consent <strong>the</strong> box ro<strong>of</strong>lights shall beremoved and replaced with recessed ro<strong>of</strong>lights as per drawing No. 07 received on13 September 2012. The ro<strong>of</strong>lights shall <strong>the</strong>n be maintained as per <strong>the</strong> approveddetails in perpetuity.Planning Minute/6

<strong>Public</strong> Summary <strong>of</strong> Items Considered "in Private"at <strong>the</strong> Meeting <strong>of</strong> <strong>the</strong> Planning Committeeon 20 September 2012<strong>Minutes</strong> for breach <strong>of</strong> S106 Agreement in re-let <strong>of</strong> 5 Stewart Court, Trennet View,Chopgate.Considered:The report <strong>of</strong> <strong>the</strong> Planning Policy OfficerMalcolm Bowes declared a personal interest in this item as a Member <strong>of</strong> <strong>the</strong> ParishCouncil and local resident.The Planning Policy Officer outlined <strong>the</strong> report and how <strong>the</strong> Authority has reached <strong>the</strong>recommendation. Members asked a number <strong>of</strong> questions and approved <strong>the</strong>recommendation with <strong>the</strong> inclusion <strong>of</strong> <strong>the</strong> requirement for ‘to let’ boards.Recommendation:That Members agree not to take any formal Enforcement action against <strong>the</strong> breach <strong>of</strong> <strong>the</strong>Section 106 legal agreement but agree that <strong>the</strong> Authority’s Solicitor writes a formal letter toHome Group Ltd as set out in paragraphs 5.2 and 5.3.Resolved:That Members agreed not to take any formal Enforcement action against <strong>the</strong> breach <strong>of</strong> <strong>the</strong>Section 106 legal agreement but agreed that <strong>the</strong> Authority’s Solicitor writes a formal letterto Home Group Ltd as set out in paragraphs 5.2 and 5.3. Members also requested that <strong>the</strong>requirement to erect ‘to let’ boards outside affordable properties which become vacant isincorporated into <strong>the</strong> letter sent to Home Group Ltd.Planning Minute/7