Agenda and minutes

Special Meeting, Planning & Development Committee
Monday, 28th January, 2013 1.00 pm

Venue: Town Hall, Scarborough

Contact: Anne Smith 

Items
No. Item

1.

Declarations of Interests pdf icon PDF 21 KB

Members are reminded of the need to consider whether they have a personal, prejudicial or pecuniary interest to declare in any of the items on this agenda.  If so, the nature of the interest must be declared at the start or as soon as the interest becomes apparent, of the meeting.  In addition, the attached form must be completed and passed to the Committee Administrator.  The Officers will be pleased to advise, if necessary, and any request for assistance should be made, in the first instance, to the Committee Administrator whose name appears at the end of this agenda.  Ideally, such advice should be sought before the day of the meeting so that time is available to consider any uncertainty that might arise.

Minutes:

Councillor Amanda Robinson, declared a Personal and Prejudicial interest in agenda item 4, Planning Application (12/02400/FL) - Dean Road Depot, Dean Road, Scarborough, due to her husband's business dealings with Tesco.

Councillor Johan Zegstroo, declared a Personal and Prejudicial interest in agenda item 6, Planning Application (11/01914/OL) - Land to the North of Eastfield, Scarborough as his property bordered the Middle Deepdale Development.

Members were informed that Mr Tom Graham, Planning Solicitor, had a conflict of interests on agenda items 6, Planning Application (11/01914/OL) - Land to the North of Eastfield, Scarborough, and 7, Planning Application (12/02023/FL) – Land to the North of Eastfield for Middle Deepdale Development, Northwold Road, Eastfield, and Mr Richard Smith, Solicitor, took his place during the debate and determination of these items.

Councillor Mrs Jane E Mortimer, declared a Personal and Prejudicial interest in agenda item 8, Planning Application (12/02456/RG4) - Land to North East of 50 to 76 Manham Hill, Eastfield, as she was a Board Member of Yorkshire Coast Homes, the Applicant.

Councillor Mrs Jane E Mortimer, declared a Personal and Prejudicial interest in agenda item 9, Planning Application (12/02484/RG4) - Land to the Rear of 22 Wreyfield Drive, Scarborough, as she was a Board Member of Yorkshire Coast Homes, the Applicant.

 

2.

Public Question Time

Public questions of which due notice has been given and which are relevant to the business of the Committee.

Minutes:

The Chairman reported that no public questions had been received.

 

3.

Planning Application (12/02543/RG3) - Land on the North Side of B1261, Long Lane, Seamer pdf icon PDF 187 KB

To consider:

i)          a planning application for removal of condition 2 of planning permission 10/02499/RG3 to allow for continuing use on an annual basis of land to accommodate travellers resorting to the parish of Seamer annually around the time of the traveller horse fair, for Mr Andrew Skelton (Head of Environmental Services); and

ii)         a report by the Head of Regeneration and Planning (Reference 13/9) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for removal of condition 2 of planning permission 10/02499/RG3 to allow for continuing use on an annual basis of land to accommodate travellers resorting to the parish of Seamer annually around the time of the traveller horse fair, for Mr Andrew Skelton (Head of Environmental Services); and

ii)         a report by the Head of Regeneration and Planning (Reference 13/9).

The Area Planning Manager (Rural) (APMR) advised Members that the address of the site should be amended by the removal of reference to Long Lane and he stressed that the application was not for the use of the land as a permanent travellers’ site.  The application only related to the variation of condition 2 in the approval given under reference 10/02499/RG3.  He cautioned Members that, whether an official site was provided or not, travellers were likely to congregate in the area for the Seamer Horse Fair which was considered a tradition in the travelling community.  Before the site was provided there had been a number of unauthorised encampments which led to significant impact and a lot of problems.  Since the site was provided there had been no unauthorised encampments during the period of the Horse Fair.  Evidence provided by the Applicant and Police indicated that, in the three years the site had been used there had been less conflict than when no site was provided.  It was accepted that there had been some harm and settled residents had concerns regarding trespass and anti-social behaviour.  The temporary permission given in 2011 had enabled the site to be tested in bad weather as 2012 had been a very wet summer but the site had functioned well.  The APMR advised that there was no good planning reason not to vary the condition and allow the ongoing use of the site.  He pointed out the distinction between the Planning Committee and the Council as operator and reminded Members that they should only consider the planning merits of the application.  Condition 2 allowed the use of the site for 21 days but this had never been necessary with the maximum use to date being 10 days.  The Applicant considered that 14 days would be the maximum required in future and this would allow sufficient flexibility in operational terms.  The APMR advised that he could not recommend further temporary consents as this would be against planning guidance.

In accordance with the Council’s Public Speaking Scheme, Mr A Skelton, the Applicant, spoke in support of the application; Councillors Mrs H Mallory, Ms R Murphy, and D C Jeffels spoke in their capacity as Ward and County Councillors respectively; and Councillor D Raine spoke on behalf of Seamer Parish Council before the Committee commenced its debate of this item.

A Member had concerns that Members hands had been tied and any alternative sites would not be considered if approval was given.  The APMR reminded him that this was not a new application for the site simply a variation of condition which  ...  view the full minutes text for item 3.

4.

Planning Application (12/02400/FL) - Dean Road Depot, Dean Road, Scarborough pdf icon PDF 163 KB

To consider:

i)          a planning application to remove condition 38 and amend condition 1 relating to 11/00019/FL to retain 25 parking spaces provided along the southern boundary of the site, as shown on approved plans 4391.P01G - Proposed Site Store Level, together with amended landscape measures, for Tesco Stores Ltd; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/52) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application to remove condition 38 and amend condition 1 relating to 11/00019/FL to retain 25 parking spaces provided along the southern boundary of the site, as shown on approved plans 4391.P01G - Proposed Site Store Level, together with amended landscape measures, for Tesco Stores Ltd; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/52).

Members were informed that letters had been received from Mr Neil Price of 58 Columbus Ravine, Mr Tim Thorne of 2 Cecil Court and Mrs Alison Wilkins of 1 Londesborough Park, Scarborough who objected to the proposed plan as the number of parking spaces was already more than needed; since planning permission was granted new supermarkets had opened in Whitby and large supermarkets were planned for Malton and Kirkbymoorside so demand for spaces here should be reduced and removal of the landscaping would make the site an ugly blot by removing the green route through the site.  The Area Planning Manager (APM) advised that the main central green corridor was not affected by the requested amendment.  The Urban Space Group (USG) had concerns as the original approval provided a balance between commercial necessity and civic amenity and it had been agreed that trees which were removed should be replaced by new planting within the site in accordance with the Dean Road Development Brief 2009.  Removal of the stretch of planting and addition of 25 more parking spaces appeared to contradict the intention of the agreement.  The issue of increasing linked-trips into the town centre may be laudable but it was not reasonable to expect this site to make good the deficit.  The USG suggested that the loss of planting would constitute a loss of visual amenity of the site as it would make a valuable contribution to the site taken in conjunction with the central green route and could help to mitigate the coldness of the car park.  They expressed concern about the access from Trafalgar Street West and felt this access had not been given proper consideration and the removal of the planting did nothing to improve the undesirable access, suggesting that space for landscaping should remain to the side of the staircase.

The APM asked whether Members had received email communications from Lynn Elliott; Greg Long; Malcolm Short; Craig Trousdale; Daphne Barr; Brian and Lucy Lambley; Diana Brooksbank; William Messruther; Kay Watts and Reverend Kathryn Jackson (St Columbas Church) and this was confirmed.  He commented that as many of the comments in the emails raised similar points to the letters in the report and those reported verbally he would not read them out in full, but pick up a few points.  He responded to the objections by confirming that these were not additional parking spaces but the reinstatement of spaces from the original application which had been removed.  Residents of Trafalgar Street West and Melrose Street closest to the application had been notified by letter and site notices.  Details of the Section 106  ...  view the full minutes text for item 4.

5.

Planning Application (12/02179/FL) - Land Adjacent Milestone House, Main Street, Seamer pdf icon PDF 141 KB

To consider:

i)          a planning application for proposed development for 20 new homes for a single person occupation for the elderly with landscaping, for Scarborough Flower Fund Homes; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/17) attached.

View Plans and Documents

Additional documents:

Minutes:

The committee considered:

i)          a planning application for proposed development for 20 new homes for a single person occupation for the elderly with landscaping, for Scarborough Flower Fund Homes; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/17).

Members were informed that part of the site fell within the Seamer Conservation Area and most of the site lies outside the Development Limits of the village however, in this instance there were exceptional circumstances which warranted an exception to Policy. The Applicant was a registered charity providing rented affordable housing for local people over sixty.  The existing buildings were in poor condition and the proposed scheme, including the sympathetic reuse of disused agricultural buildings, would result in visual improvements on the site.  Conditions were awaited from NYCC, the Highways authority and officers requested delegated authority to finalise highways and drainage conditions in consultation with the Chair and Vice Chair.

In accordance with the Council’s Public Speaking Scheme, Mr Mick Paxton, Applicant’s Agent, spoke in support of the application before the Committee commenced its debate of the item.

A Member asked whether comments had been received from Seamer Parish Council and was informed that none had been received.  The application was welcomed by Members who considered it a good development which would improve an area which had become an eyesore.   A Member enquired why the entrance was from the main road and was informed that this was the Highway Authority’s preferred option.  The access had been moved away from the roundabout and a right hand turn lane was also proposed.  Members welcomed the opportunity the Flower Fund Homes gave to rehouse older people who lived locally and had contributed to the community.  A Member asked about the footpath to the east of the site and was informed that this would remain along with the trees in that area which would provide screening for the Scarborough Road properties.

RESOLVED that, subject to the completion of a Unilateral Undertaking and no objections from NYCC Highways, Yorkshire Water and the Council’s Engineers,  permission be GRANTED, subject to the following conditions:-

1       Development shall be carried out in accordance with the approved plans as follows:-

         03.04 – D2     Foul Drainage System

         03.04 – P22   Surface Water Drainage

         03.04 – H01   Informal Access Road Entrance

         03.04 – H02   Informal Access Road and On Site Parking

         03.04 – H03   Informal Access Road Kerb Edging

         03.04 – H04   Resin Path Construction

         03.04 – H05   Bodpave Grass Road Detail

         03.04 – Li01   Lighting Scheme

         03.04 – L04    Landscaping – New Trees

         03.04 – P02 to P05   Courtyard Elevations

         03.04 – P06   Bungalow 16 Courtyard 4

         03.04 – 07     House 17 & 18 Courtyard 4

         03.04 – P08   Bungalow no 19 Courtyard 4

         03.04 – P09   Gateway Bungalows 13, 14, 15

         03.04 – P01   Proposed Site Layout (Revision B)

Reason:  To avoid doubt as amendments have been submitted during the course of the application.

2      No development shall commence until a schedule of external materials  ...  view the full minutes text for item 5.

6.

Planning Application (11/01914/OL) - Land to the North of Eastfield, Scarborough pdf icon PDF 278 KB

To consider:

i)          an outline application for up to 1,350 dwellings together with ancillary facilities including primary school, extra care and retail development, including detailed design for a link road with bridge to provide a connection between the A64 and the A165, for K2 Regeneration LLP; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/54) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          an outline application for up to 1,350 dwellings together with ancillary facilities including primary school, extra care and retail development, including detailed design for a link road with bridge to provide a connection between the A64 and the A165, for K2 Regeneration LLP; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/54).

Members were provided with an update on the outline application which was considered on 26 September 2012.  Some changes were necessary regarding legal agreements and the appendix set out the latest conditions which had been agreed.  The original intention had been that one Section 106 Agreement would be prepared but, following discussions with the applicant, drainage consultees, the Local Highway Authority and the Council’s solicitor it had been agreed that two Section 106 Agreements and a Unilateral Undertaking should be completed.  This would ensure that various controls were in place whilst allowing the Applicant some flexibility.  Officers had welcomed the opportunity to re-visit conditions and hoped that the additional work would minimise the likelihood of applications to vary or remove conditions in future.

In accordance with the Council’s Public Speaking Scheme, Councillor J Zegstroo spoke on this item in his capacity as Ward Councillor.  He raised concerns about off-site highways works which included nothing nearby the site and potential parking problems due to the access from Overdale being used as a bus route.  At the Chair’s suggestion the Ward Councillor remained in the meeting while the Planning Officer responded.  He was informed that it would be difficult to include more off-site highways works as these had been suggested by the NYCC as Highways Authority.  There would be limited access to the site from Overdale as this would be a bus route only.  The Officer agreed to take the concerns to NYCC but the improvements arising from this application had been agreed. 

A Member asked about arrangements for surface water and was informed that this was dealt with by condition.  The Member referred to a letter from Muston and Yedingham Internal Drainage Board and asked whether this had been considered.   The Area Planning Manager confirmed that he was aware of the letter and there was an ongoing dialogue with the Internal Drainage Board.  The Member had grave concerns about the need for a proper dam and potential impact on Eastfield.  The APM confirmed that conditions were in place to deal with this which had been prepared in consultation with the Environment Agency, Internal Drainage Board and the Council’s Drainage Engineers.  He reminded Members that a risk assessment had been carried out to demonstrate the impact of a complete failure of the water retaining embankment, and this had been considered by Committee in September.  Another Member emphasised the need to ensure the water system could cope and was assured that this issue had been comprehensively dealt with.  The Applicant was fully aware of the concerns and detailed strategies for surface water and flooding had been required by condition.  A Member  ...  view the full minutes text for item 6.

7.

Planning Application (12/02023/FL) - Land to North of Eastfield for Middle Deepdale Development, Northwold Road, Eastfield pdf icon PDF 160 KB

To consider:

i)          a planning application for development of new extra care facility consisting of 60 flats and associated communal facilities including three retail units and cafe/restaurant, for Sanctuary Group; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/39) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for development of new extra care facility consisting of 60 flats and associated communal facilities including three retail units and cafe/restaurant, for Sanctuary Group; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/39).

Members were informed that this application formed part of the master plan for the Middle Deepdale development and was a full application incorporating extra care apartments and other facilities.  The outline planning permission for Middle Deepdale had not yet been issued pending the signing of legal agreements and the full application had been made due to time constraints on funding for the extra care scheme which would be fully affordable.  The Council’s Engineers still had concerns and meetings had been arranged with the Environment Agency (EA) to address issues on the site.  A revised Flood Risk Assessment (FRA) was required but the principle of the development had been approved.  Conditions would also be required regarding parking.  Officers were confident that all concerns of the technical consultees could be addressed satisfactorily by additional conditions which would be agreed in liaison with the EA once the applicant had provided additional information and an amended FRA to deal with the outstanding concerns.

In accordance with the Council’s Public Speaking Scheme, Paula Broadbent, on behalf of the applicant, spoke in support of the application before the Committee commenced its debate of this item.

The Ward Councillor mentioned double yellow lines at the entrance to the site and asked whether the road would need widening and whether provision would be made for a pull in for school buses.  The Planning Officer advised that NYCC Highways comments were awaited following meetings in December 2012 and asked for delegated authority to deal with this issue.  The Area Planning Manager (APM) advised that this access was to be a bus route with a drop off/pick up point for other vehicles only and access to parking at the extra care facility.  Other traffic was expected to access from the North but this would be considered when the application for the school was received.  The Ward Councillor asked about the legal consequences if someone was run over off-site as a result of this decision and Mr Smith advised that, in theory, the Planning Authority could be responsible if they had been negligent and not taken account of reasonably foreseeable consequence.  The Ward Councillor asked about NYCC’s responsibility in relation to their consultation response and if they did not carry out works properly and was advised that there were two aspects to consider.  Had the Highways Authority missed something in relation to their consultation response the Local Planning Authority could challenge their response but this would be difficult to justify and require a compelling set of circumstances. Alternatively, if NYCC had not done works correctly resulting in harm they could be liable but it would be reasonable to expect that Highways works would be carried out correctly.  The Member advised he had concerns about the entrance  ...  view the full minutes text for item 7.

Councillor Mrs D Clegg, Vice Chairman, in the Chair

 

8.

Planning Application (12/02456/RG4) - Land to North East of 50 to 76 Manham Hill, Eastfield pdf icon PDF 134 KB

To consider:

i)          a planning application for erection of ten flats and 18 terraced houses, for Yorkshire Coast Homes; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/40) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for erection of ten flats and 18 terraced houses, for Yorkshire Coast Homes; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/40).

Members were reminded of the pressing need for housing in this area.  The Planning Officer suggested additional conditions in respect of highways, drainage and the financial contribution and asked for delegated authority to finalise such conditions as necessary and this was agreed.

In accordance with the Council’s Public Speaking Scheme, Mr Mick Paxton, Applicant’s Agent, spoke in support of the application before the Committee commenced its debate of the item.

The Ward Councillor asked about the electricity sub-station and health implications and was informed that health issues were not a planning consideration and the agents had consulted in respect of the infrastructure and the layout had been approved by consultees.  The Ward Councillor referred to informal accesses which had been created to the rear of properties in Ryefield Close and asked whether these had been taken into account and was informed that if rights had been acquired they would be dealt with by the Applicant but only one resident had raised a concern. 

RESOLVED that, subject to satisfactory comments from the Highway Authority, Yorkshire Water and the Council’s Engineers, permission be GRANTED, subject to any necessary legal agreement for financial contributions to off-site public open space and education provision and the following conditions: -

1       Development shall be carried out in accordance with the following plans:-

         (To be added)

Reason: To avoid doubt, amendments have been submitted during the course of the application.

2       Before the commencement of development, a schedule of external materials of construction of buildings and hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority. Samples of the materials shall be provided as may be required by the Local Planning Authority.

Reason: In accordance with Policies H3 and E12 of the Local Plan and in the interests of design and visual amenity

3      Before any development is commenced, the approval of the Local Planning Authority is required to a scheme of landscaping and tree planting for the site indicating, inter alia, the number, species, heights on planting and positions of all the trees, together with details of post-planting maintenance. Such scheme as is approved by the Local Planning Authority shall be carried out in its entirety within a period of nine months beginning with the date on which development is commenced, or within such longer period as may be agreed in writing with the Local Planning Authority. All trees, shrubs and bushes shall be maintained by the owner or owners of the land on which they are situated for the period of five years beginning with the date of completion of the scheme and during that period all losses shall be made good as and when necessary, unless the Local Planning Authority gives written consent to any variation.

Reason: In the  ...  view the full minutes text for item 8.

9.

Planning Application (12/02484/RG4) - Land to the Rear of 22 Wreyfield Drive, Scarborough pdf icon PDF 130 KB

To consider:

i)          a planning application for erection of nine bungalows, for Yorkshire Coast Homes; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/53) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for erection of nine bungalows, for Yorkshire Coast Homes; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/53).

Members were informed that an easement was proposed to enable underground services to be provided under a 2.5metre strip adjacent the access road and Highways conditions were proposed dealing with construction requirements to tie in with drainage conditions; parking and turning; mud on the road during construction phase; storage of materials; parking during construction; working hours; a management plan to address impact on neighbours.  The Area Planning Manager (Urban) (APMU) also recommended the removal of Permitted Development Rights.  This was a unique scheme which would ensure affordable provision via a registered local provider and had attracted funding from the Homes and Communities Agency.  There were a number of matters outstanding which would be addressed with the approval of the Chair.

In accordance with the Council’s Public Speaking Scheme, Mr Mick Paxton, Applicant’s Agent, spoke in support of the application before the Committee commenced its debate of the item.

A Member had concerns about the access from Wreyfield Drive as the footpath to the shops would cross the access road and the APMU agreed that this was a busy location but advised that Highways had considered the access and, as the scheme was for over 55s, decided that little traffic would be generated and that the access was acceptable.  Members welcomed the provision of much needed affordable housing in the area.  One Member had concerns about the landscaping which he felt looked overcrowded but was informed that trees would be carefully selected to ensure they did not grow to be too large for the courtyard setting.  A Member asked about storage of waste and recycling and was informed that there was provision for each unit and the weekly bin collection would be managed with a warden moving bins to a central collection point.  Another Member had concerns about the width of the access road and was informed that this road already provided access to the rear of the parade of shops and a turning point was to be provided.

RESOLVED that, third party representations having been considered, permission be GRANTED, subject to the following conditions and any further conditions discussed at Committee:-

1.         Approved plans

2.         External schedule of materials

3.         Details of hard and soft landscaping

4.         Boundary treatments

5.         On-site attenuation measures for surface water run-off

6.         Highway recommendations – Access road, turning head, parking and drainage

7.         Drainage – separate systems for foul and surface water on and off site

8.         Disposal of foul and surface water

9.         No-piped discharge of foul or surface water in advance of the completion of the drainage work

10.       Layout of parking bays

 

(In accordance with her declaration under Minute 1, Councillor Mrs J E Mortimer left the meeting during the debate and determination of the above item.)

Councillor Mrs J E Mortimer, Chairman, resumed the Chair.

 

10.

Planning Application (12/02588/FL) - Barf Farm, Bridlington Road, Hunmanby pdf icon PDF 152 KB

To consider:

i.          a planning application for erection of one 50kw wind turbine 24.6 metres to hub 34.2 metres to blade tip in height, for J H & D Emmerson (Mr James Emmerson); and

ii.         a report by the Head of Regeneration and Planning (Reference 13/59) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for erection of one 50kw wind turbine 24.6 metres to hub 34.2 metres to blade tip in height, for J H & D Emmerson (Mr James Emmerson); and

ii)         a report by the Head of Regeneration and Planning (Reference 13/59).

Members were informed that the last sentence of the reason for refusal should be amended by the replacement of RAF with Ministry of Defence and this was agreed.

In accordance with the Council’s Public Speaking Scheme, Mr Joseph Emmerson, the Applicant, spoke in support of the application before the Committee commenced its debate of this item.  Mr Emmerson referred to the inclusion of comments received after the consultation deadline and the Planning Officer advised that the Ministry of Defence (MOD) had contacted him to advise that, due to the Christmas and New Year holiday, they were unable to respond by the deadline and an extension had been agreed.  In any event responses received up to Committee date were taken into account and reported to Members. 

A Member felt the recommendation for refusal was contrary to the need for sustainable energy and suggested the MOD be invited to give a presentation to Members.  The Planning Officer advised that the MOD were testing software which may remove images from turbines in radar detection but until this had been tested and implemented the MOD would continue to object where problems of interference may occur.  He advised that, if the MOD had not objected his recommendation would have been for approval but he could not currently make that recommendation due to the MOD objection.  Several Members expressed their sympathy for the Applicant but agreed they found it difficult to go against the MOD objection.   The Planning Manager agreed to invite representatives from the MOD to give a presentation to Members.

RESOLVED that permission be REFUSED, for the following reasons:-

1          This proposal is subject to a formal objection from the Ministry of Defence which states that the turbine will be 8.76km from the Air Defence radar at Staxton Wold.  At this location, the turbine will become a physical obstruction, this is likely to cause disruption to the transmitted and received signals which ultimately would result in reduced radar detection performance at range. Ultimately this would compromise the capability of Air Defence operational staff to detect threats to the UK airspace and control aircraft at range. In addition Planning for Renewable Energy, Companion Guide to PPS22 states that it is the responsibility of developers to address the potential impact of wind turbines with regard to Civil Aviation Authority, Ministry of Defence and Department of Transport guidance in relation to radar and aviation, before planning applications are submitted.  Local Authorities should satisfy themselves that such issues have been addressed when considering planning applications.  In this instance, the proposal is contrary to such guidance in that the concerns of the Ministry of Defence have not been addressed and radar coverage would be adversely affected.

Note:   The  ...  view the full minutes text for item 10.

11.

Planning Application (12/02219/RG4) - North Bay Railway, Burniston Road, Scarborough pdf icon PDF 127 KB

To consider:

I)          a planning application for erection of proposed sky trail, for Mr David Humphreys, North Bay Railway Group; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/41) attached.

View Plans and Documents

Additional documents:

Minutes:

The Committee considered:

i)          a planning application for erection of proposed sky trail, for Mr David Humphreys, North Bay Railway Group; and

ii)         a report by the Head of Regeneration and Planning (Reference 13/41).

Members were informed that Parks and Countryside had in principle accepted the loss of the cherry tree which would have limited impact as it was behind the ticket office.  A Member asked about provision for storage of bags while the equipment was being used and was informed that it was proposed to attach an informative.  Members welcomed the provision of the attraction in this area which would add to the offer to visitors and residents.  A Member asked about the location of the equipment and arrangements during events at the Open Air Theatre (OAT) and was informed that it would be sited behind the existing buildings and would not impede routes through the area or to the OAT.  The Planning Officer suggested an additional informative could be included to address this concern but the equipment was to be operated by the people operating the North Bay Railway so they were aware of the OAT’s requirements.  A Member asked about the height, colour and materials to be used and was informed it was expected to be a mix of materials including metal, wood and ropes.  The colour would be considered and agreed in consultation with the Chair and Vice Chair.

RESOLVED that permission be GRANTED, subject to the following conditions:-

1       The development shall be constructed in accordance with drawing NBR/ST/2 and the submitted drawing ‘Sky Trail Plan’.

Reason:  For the avoidance of doubt

2      Notwithstanding drawings submitted as part of the application, details of materials and their colour shall be submitted to and be approved in writing by the Local Planning Authority prior to the commencement of the development.  The development shall be carried out in these unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interest of visual amenity to accord with Policies E12, L1 and R5A of the adopted Scarborough Borough Local Plan.

3      Where trees are shown on Drawing Reference in the submitted Tree Report to be retained on site they shall be protected during construction work as follows :-

(a)       Chestnut pale or similar fencing 1.5 metres in height shall be provided around the trees to be retained before development is commenced at a minimum distance from the trunks equal to the spread of the crowns of the trees.  No materials, equipment, site huts, fuels or other items shall be placed or stored within the areas enclosed by the fencing so erected and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

(b)       No burning of materials or other items shall take place within 3 metres of the crown spread of any of the trees to be retained.

(c)      No services shall be routed under the spread of the  ...  view the full minutes text for item 11.

At the end of the meeting the Chair advised that, following representations from the NYCC Highways, she had approved a variation of the draft Section 106 Agreement on The Sands regarding the timing of buses to and from the Park and Ride facilities.  The timing had previously been agreed at every 20 minutes but, following discussions, this had been amended to every 30 minutes.  Members were informed that the decision had been taken and Ward Members informed.