YDNPA – Planning decisions December 2010
ARC news service : The issues discussed at the YDNPA planning committee meeting on Tuesday, December 14, included: the application for determination of updated conditions by Hanson Quarry Products Europe Ltd for Horton Quarry at Horton in Ribblesdale; the Authority’s scheme for public speaking at planning committee meetings; and the retrospective application for a timber building at West Burton. For those interested in the situation at Horton Quarry it is worth going to the planning section of the YDNPA’s website to see the planning officer’s report.
West Burton – The recent independent Performance Assessment Report (NPAPA) was referred to when the retrospective planning permission for a timber building in a field at West Burton was discussed. The planning officer had recommended approving the application but the Authority’s member champion for planning, N Yorks County Coun John Blackie, successfully requested a deferral as the parish council had not been properly consulted.
He said that Burton cum Walden Parish Council felt let down by the planning system. This was because, as a result of a previous planning permission granted in 2009, the owner could only use the field to graze horses. At that time the Authority had been assured that “there was no intention whatsoever to erect any stabling, jumps and any other equipment on the land.” The parish council pointed out that the timber building was large enough to be used in the future as boarding kennels for dogs or for stabling ponies. The owner is at present using it as a kennel for domestic dogs and household storage.
Some members of the Authority’s planning committee accepted that the building might be in the most discrete location but also accepted that the parish council should have been given the opportunity to assess and comment on the application before the building was constructed. Mr Richard Johnson, the owner, did apologise to the planning committee for making a retrospective planning application.
Coun Blackie reminded the committee that in the Performance Assessment Report received by the Authority in November it had been told to engage more with the community. This Report did not accept the Authority’s self assessment that it had performed well regarding the national park’s wider sustainable development. This category includes planning and enforcement. Instead the assessment panel decided that the Authority had only performed adequately – the poorest result it had in the seven categories.
The report stated: “Local residents and community representatives are critical of the planning services – development control, enforcement and the Local Development Framework – and customer satisfaction has been an issue in recent years. The Authority has recognised this and carried out a review of the structure of development control in 2009 specifically to tackle this issue. Early indications show an improvement in customer satisfaction.”
The Association of Rural Communities (ARC) was one of the local groups invited to make representations to the panel. The Association pointed out that according to its own End of Year progress reports the Authority had not been successful in minimising environmental harm by regularising 60 per cent of enforcement cases within 16 weeks. As compared to 2006-7 the number of cases regularised had dropped in 2009-10 by 65 per cent.The Association also gave illustrations of how the Authority had not communicated well with residents and parish councils when dealing with planning and enforcement issues.
After the planning committee Coun Blackie said: “Local communities do have issues with the planning department and that is the reason why ‘sustainable development’ only achieved a ‘two’ (performed adequately).” About deferring the West Burton decision he added: “Local communities do need to be able to hold our planning in respect – and this is an opportunity to rectify this.”
Mr Johnson’s planning application included the construction of a dry stone wall, change of use of a strip of land to domestic curtilage and the siting of a domestic oil tank.
Howgill - Members unanimously accepted the officer’s recommendation to give full planning permission for a timber footbridge to be constructed across Crosedale Beck, at Bramaskew Farm, Howgill near Sedbergh to make it safer and easier for walkers using the footpath. This application was made by the YDNPA as the beck often became impassable at times of high water. The footpath will be diverted slightly.
Hetton – The Angel Inn had applied for full planning permission for the change of use of Sycamore Bank in Fleets Lane, Hetton, from a residential dwelling to four letting rooms ancillary to the inn. Hetton parish council was concerned about residential dwellings being converted to business use. It felt the Authority should have a policy governing the loss of residential properties. It was also concerned about parking arrangements. Committee members, however, agreed with the planning officer that sufficient parking would be available. The planning officer had recommended that there should be a Section 106 agreement to tie the ownership of Sycamore Bank to the Angel Inn in perpetuity. County Coun John Blackie proposed that the application should be approved without any S106 agreement and this was agreed by the committee.
Horton in Ribblesdale - Hanson Quarry Products Europe Ltd had applied for determination of updated conditions (YDNPA application no C/44/116G) for Horton Quarry. The issues discussed at the planning meeting focused on the movement of heavy goods vehicles (HGVs) and special conservation areas. The planning officer, David Parish, explained that the company had agreed not to work the site to the south of the quarry which falls within the Special Area of Conservation (SAC) boundary and would not claim compensation. It was, however, unable at present to make a similar agreement regarding an area to the west of the quarry which lies within a Site of Special Scientific Interest (SSSI).
Following this agreement with the YDNPA the company will soon change the operating times for HGVs on Saturday from 7.30am to 11am. It has offered to move the starting time for HGVs on weekdays to 6.30am within two years and to 7am within five years or the commissioning of a rail link, whichever is sooner. The present start time of 6am means that lorries begin travelling through Settle at around 5.30am. N Yorks County. North Yorkshire County Council’s highways department and Settle District Chamber of Trade had asked if the alternative route via Buck Haw Brow to and from the A65 could be considered. Coun Welch argued that this would lead to all the quarry traffic passing several schools. “It is putting the most vulnerable people in our society at risk – that is school children.”
Public speaking at planning committee meetings - Peter Watson, the head of planning, presented a review of the way the public is allowed to address planning committee meetings to present arguments for and against specific planning applications. Coun Blackie successfully argued that the order of speakers should be reversed with the applicant coming after any objectors so that he or she could respond to arguments against the application. Some of the members wanted to increase the time that each speaker was allowed from three minutes to five, whereas others felt this would make the meetings even longer. The majority opted for continuing to allow just three minutes.
Enforcement issues are not currently covered by the Authority’s scheme of public speaking and this was questioned by Coun Blackie. He said it was against natural justice for those involved in an enforcement issue not to be able to address the committee. Others members felt that there were some who would use any ploy to extend the process and that by the time it came to enforcement those involved would have had many opportunities to present their case to the committee. If a retrospective planning application was made both the applicant and the objectors could speak at a committee meeting. The majority of the members did not support Coun Blackie’s proposal.