ITEM 10

North County Council

Business and Environmental Services

Planning and Regulatory Functions Committee

12 May 2015

Publication by Local Authorities of Information about the handling of Planning Applications

Report of the Corporate Director – Business and Environmental Services

In 1983 a national Code of Practice was adopted for the publication of information by local authorities on the handling of planning applications. Circular 28/83 requires the Committee to consider and thereafter to give publicity to the speed taken to process applications and the reasons for any undue delay. For Members’ information, attached to this report are the required statistics for the period 1 January to 31 March 2015.

Information on Enforcement Cases is attached as an Appendix.

DAVID BOWE Corporate Director, Business and Environmental Services

Author of Report: Jo Brownless/Amy Taylor

Background Documents to this Report: Application Files

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Table 1: Planning Applications decided between 01.01.15 and 31.03.15 compared with numbers decided in previous three months Number of Number of Applications dealt with and decided in Decisions Less than 8 weeks Between 8 and 13 weeks More than 13 weeks Type of Development This Previous This Previous This Quarter Previous This Previous Extension Quarter Quarter Quarter Quarter Quarter Quarter Quarter of time Major: Dwellings Offices Manufacturing Storage & Warehousing Retail Distribution & Servicing All other Major Developments Minor: Dwellings Offices Manufacturing Storage & Warehousing Retail Distribution & Servicing All other Minor Developments Minerals/County Matters (including 4 3 0 0 0 2 4 1 3 EIA) Change of Use 1 0 0 1 Householder Developments Advertisement Listed Building Consent to 1 0 0 1 alter/extend Listed Building Consent to demolish Other (County Council Development) 17 18 6 3 4 6 7 9 10

TOTAL 21 23 6 3 4 8 11 12 13

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Table 2: Number of County Matters Planning Applications in hand on 31.03.15 awaiting decision compared with numbers on 31.12.14

Number of Applications in hand at In hand for

31.3.15 31.12.14

Up to 8 weeks 6 1

Over 8 weeks and within 13 weeks 1 1

Over 13 weeks and within 17 0 3 weeks

Over 17 weeks 23 22

TOTAL NUMBER OF 30 27 APPLICATIONS

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Table 3: List of all Planning Applications in hand for more than 13 weeks on 31.03.15 and awaiting decision

Site Address and Application Development Proposed Date Date(s) Reasons why still in hand No Registered considered by Committee/Under Delegation (NY/2010/0356/ENV) - Extraction and processing of sand 22.9.2010 - The receipt of further C2/10/02487/CCC – Killerby and gravel including the information required re- Sand and Gravel Quarry, construction of a site access, consultation and Killerby, conveyors, bridges, associated advertisement of the plant and machinery with application. Consultation restoration to agriculture, nature responses received in conservation and wetland November being reviewed by the Applicant. A draft S106 Agreement was received on 22.12.2014 and this is also available for public view on the County Council’s Online Planning Register. Draft 106 agreement received from applicant being reviewed with advice from Legal Services. (NY/2011/0054/ENV) - Erection of 8 wind turbines, 7.2.2011 While Members undertook a C8/2010/01315/CPO – creation of new access point from formal site visit on 20 Darrington Quarry, Stubbs Leys lane, alterations to existing October 2011 further Lane / Leys Lane, Cridling access points and ancillary information has been Stubbs development received which required advertisement by Press and Site Notice and a further consultation round to be

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Site Address and Application Development Proposed Date Date(s) Reasons why still in hand No Registered considered by Committee/Under Delegation undertaken. Report to Members regarding the possibility of revisiting the site anticipated at a future meeting. (NY/2011/0123/ENV) - Extension to Marfield Sand and 20.6.2011 13.3.14 Delegated Report approved C6/500/32/K/CMA - Marfield Gravel Quarry connected by a by Head of Planning Quarry, Leyburn Road, nr conveyor tunnel under Leyburn Services. Certificate can be Masham, North Yorkshire Road (A6108), retention of the issued once Section 106 existing mineral processing plant Agreement has been and ready mix concrete plant and signed. A draft S106 variation to the existing restoration Agreement has been scheme received and is currently being negotiated and pending further information from applicant. (NY/2011/0242/FUL) - Extension to sand and gravel 19.9.2011 Awaiting submission of C2/11/02057/FUL - Langwith quarry, modification of condition 2 additional information from House Farm, Long Lane, of planning permission Applicant. It is expected that Well, Nosterfield, Bedale C2/06/01616/CCC and variation to the Section 39 agreement the existing restoration scheme considered necessary for the lateral extension of the quarry will be prepared to cover both the existing and the extended site.

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Site Address and Application Development Proposed Date Date(s) Reasons why still in hand No Registered considered by Committee/Under Delegation NY/2011/0465/73 - Variation of condition 2 of planning 6.12.2011 Further information to be Blubberhouses Quarry, Kex permission reference submitted. Reg 22 re- Gill C6/105/6A/PA to allow extraction consult then to be of silica sand and erection of considered. Extension of processing plant at the site until time requested until 2036 30.5.15. (NY/2011/0429/ENV) - Extension to existing sand and 7.12.2011 Applicant preparing C6/500/95/D/CMA - Ripon gravel workings additional information Quarry, North Stainley submission. Extension of time requested until 30.5.15. (NY/2011/0468/73A) - Application to vary condition 2 of 9.12.2012 Awaiting preparation of C6/27/19/E/CMA - Asenby Planning Permission delegated report. Quarry Tip, Leckby Palace C6/27/19B/PA to allow the Farm, Asenby disposal of waste until 19 December 2021 (NY/2012/0020/73) - Application to vary condition no's 20.01.2012 Alterations and clarification C8/40/8AH/PA - Darrington 1, 2, 29, 30, 31 and 32 of Planning to the restoration plan and Quarry, Darrington Leys, Permission C8/40/8AF/PA for a long term management of Knottingley new restoration scheme, retain the the site following meeting in existing plant and to extend the July 2013. Consultation time period in which to implement responses from NYCC the restoration scheme Landscape advice in Dec 2014 and Applicant considering response.

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Site Address and Application Development Proposed Date Date(s) Reasons why still in hand No Registered considered by Committee/Under Delegation (NY/2012/0100/ENV) - Extension to the existing 4.5.2012 Due to be presented at the C8/2012/0491/CPO - Womersley Quarry spoil disposal Committee meeting on Womersley Quarry, off scheme involving the importation 14.07.15 Stubbs Lane, Womersley of colliery spoil including an increase in the height of the existing tip and creation of an altered landform, and extension into two adjoining former limestone quarries (Womersely/Cridling Stubbs Quarry & Northfield Quarry) (NY/2012/0308/73) - Application for variation of 15.10.2012 Draft heads of terms for C3/12/00997/CPO - condition No. 3 of planning S106 received from Quarry Landfill permission reference applicant. Delegated report C3/114/12G/FA to allow for being drafted whilst S106 is revised final restoration details reviewed by Legal Services. Legal Services awaiting further information from Applicant before S106 review can progress. (NY/2012/0297/FUL) - Construction of a waste transfer 18.12.2012 Applicant currently C6/135/10/B/CMA - Land at station building, operational considering whether to Walshford Bridge, Near concrete pad, vehicle access to pursue with application or Walshford, Wetherby the highway, skip storage, staff not. Applicant was parking, ground, flood alleviation contacted on 11.2.15. measures and landscaping, including tree planting, biodiversity enhancement & perimeter fencing

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Site Address and Application Development Proposed Date Date(s) Reasons why still in hand No Registered considered by Committee/Under Delegation (NY/2012/0372/COU) - Change of use of existing 21.12.2012 Still awaiting return of S106 C8/2013/0006/CPO - Lunn Industrial Unit into a household Agreement from applicant Lane, Beal, Near Goole, waste transfer station before decision notice can be issued. S106 draft sent to applicant may 2013. Last chased up Feb 2015. (NY/2013/0340/FUL) - Installation of asphalt production 14.1.2013 Reported at Planning C3/13/00086/CPO - plant and creation of aggregate Committee on 10.2.15. Whitewall Quarry, Whitewall storage bins (5 No.) Corner Hill, Norton (NY/2013/0305/73) - Application for the variation of 24.09.2013 Planning Permission issued C1/13/00751/CM - Barton Condition No's 2 & 20 of Planning on 24.4.15 Quarry, Barton Quarry Permission Ref C1/93/113C/CM to Industrial Estate, Barton, allow a revision of the approved Richmond, restoration plan and an associated extension of the area in which it is permitted to place imported inert material (NY/2014/0046/73) - Application under Section 73 of the 06.02.2014 Due to be reported to C8/2014/0129/CPO - Town and Country Planning Act Planning Committee, Jackdaw Crag Quarry, 1990 (as amended) to carry out targeted for 14.7.15. Tadcaster development without complying with Condition No. 2 of Planning Permission reference C8/70/16D/PA dated 31 March 2004, to allow extraction operations to continue until February 2016

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Site Address and Application Development Proposed Date Date(s) Reasons why still in hand No Registered considered by Committee/Under Delegation (NY/2014/0204/FUL) - Land Extraction of clay and restoration 11.06.2014 Delegated report being to the South of Alne of site to water body and nature prepared. Brickworks, Forest Lane, conservation Alne (NY/2014/0113/ENV) - Went Extend the quarry from the 11.06.2014 Re-consultation undertaken Edge Quarry, Went Edge Existing Quarry Area 3 to the West following submission of Road, Kirk Smeaton into the Arable Field to Extract additional information. Limestone to a level of 20 metres Negotiations ongoing with aod or the base of the Limestone if consultees. Possibly June above that Level. Restore the site Committee item. to Lower Level than the Surface with Imported Inert Construction, Demolition and Excavation Waste to Place Slopes against the Faces. Use Mining Waste to Cover the Slopes with Limestone Fines for Grassland and Woodland Planting. (NY/2014/0275/ENV) - Planning Application accompanied 19.08.2014 Members resolved to grant C3/14/00970/CPO - by an Environmental Statement for planning permission on Ebberston Moor South production and water 31.3.15. S106 Agreement wellsite, Ebberston Common re-injection at the existing borehole being drafted prior to Lane, Snainton - at the Ebberston Moor South well decision notice dispatch. interconnecting pipeline- to site; the construction and drilling of Knapton Generating Station, a second borehole for water East Knapton, Malton production and re-injection; the construction of a 13.9km long 12" diameter steel underground pipeline from Ebberston Moor

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Site Address and Application Development Proposed Date Date(s) Reasons why still in hand No Registered considered by Committee/Under Delegation South well site to transfer natural gas to the Knapton Generating Station and installation of a new gas reception module at the Generating Station (NY/2014/0271/ENV) - Application made under Section 20.08.2014 Delegated report awaiting C2/14/01890/CCC - 73A of the Town and Country sign off. Preparation of Nosterfield Quarry, Well, Planning Act 1990 for the variation S106 Agreement being (Ladybridge Farm), Bedale, of condition No.2 of Planning undertaken. Anticipated that DL8 2RA Permission Ref. C2/06/01616/CCC S106 will be agreed shortly. for the continuation of the sand and gravel extraction until 28th February 2018 and the continuation of Mineral Processing (NY/2014/0292/ENV) - Change of use of biomass 11.09.2014 Due to be reported to C8/53/125F/PA - Former renewable energy facility to waste Planning Committee on ARBRE , management facility with 12.5.15 Selby Road, , Advanced Thermal Treatment, Goole, North Yorkshire, with extensions to the existing DN14 0BS buildings and amendments to existing site layout (NY/2014/0280/73A) - Application for the variation of 18/09/2014 Decision notice issued on C1/14/12/00746/CM - conditions 5 & 6 of Planning 24.4.15 Middleton Lodge, Kneeton Permission C1/12/00746/CM Lane, Middleton Tyas, which relates to the site access Richmond, DL10 6NJ arrangements.

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(NY/2014/0348/73) - Application for the variation of 06/11/2014 Application subject to C8/2014/1283/CPO - Went condition No's 7 & 13 of Planning objections (x2). Due to be Edge Quarry, Kirk Smeaton, Permission Ref. No. reported to Planning Pontefract, WF8 3LU C8/45/13AE/PA which relates to Committee on 12.5.15. excavation depth and hours of working

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Monitoring & Compliance Statistics Report – Quarter 4 (January – March) 2014/2015

Table 1 – Complaints/reports of alleged breaches of planning control received this quarter

Site Name District/Borough No. of Subject of Complaints Date of receipt Action Complaints/ of complaint reports County Matters Cat Holes Wood, Harrogate 1 Alleged tipping of waste. 30/03/15 Harrogate Borough Council Enforcement Nesfield Team have had previous involvement in this case, and conducted another visit as part of their ongoing investigations. Alleged tipping of waste materials unproven. Case closed 14/04/15. Womersley Quarry Selby 9 (2 Debris on highway, un-washed Various dates On inspection by both the County complainants) HGVs leaving site, speeding HGVs, between Planning Authority, and a Highways noise from crashing tailgates of 11/02/15 and Inspector on numerous occasions, wheel HGVs whilst on site and motor 23/03/15 washing was observed taking place on cross/quad bikes on site. site and the highway was in an acceptable condition (the highway is formally monitored by County Highways monthly, and regularly by the county Planning Authority). With regard to the noise and motor cross/quad bikes issues, the complainant is in direct contact with the operator. Case closed 27/03/15. Settrington Quarry 2 Blasting, noise, dust, wheel washing 20/03/15 Issues will be raised with site operator at and debris on highway. the next site monitoring visit due in quarter 1 of 2015/16. Case on-going. Went Edge Quarry Selby 2 Disturbance allegedly caused by 20/02/15 Issues will be raised with site operator at excessive blasting. the next site monitoring visit due in quarter 1 of 2015/16. Case on-going. Allerton Park Landfill Harrogate 1 Wind-blown litter and deceased 13/01/15 Issues were raised with the operator at a planting on site. site monitoring visit conducted on 23 January 2015. Wind-blown litter has been cleaned up, and operator will continue to monitor this. Planting is alive and growing NYCC – 10 Feb 2015 – Planning & Regulatory Functions Committee Stats to end of March 2015 v24/12

on site, with additional planting taking place imminently as part of on-going restoration on site. Case closed 30/01/15. Whitewall Quarry Ryedale 31 (4 Alleged out of hours operations, dust Various dates Investigations on-going with regard to all complainants) & noise issues, loaded HGVs leaving between issues raised. Ryedale District Council’s the site un-sheeted, speeding HGVs, 07/01/15 and Environmental Health Officer and the and use of weight-restricted roads. 12/03/15 Environment Agency are also involved Blasting and vibrations, tipping on with matters relating to this case. Case land to the south of the quarry, soil on-going. exportation, burning on site and vehicle movements. County Council Development Land north of Hambleton 1 Alleged importation of waste. 17/02/15 Anonymous complaint made regarding Bedale, Aiskew, alleged importation of waste onto the Leeming Bar (Bedale Bedale Bypass site. Site observed by Bypass Scheme – officer on numerous occasions, with no BALB) evidence of importation of waste at any time. This will be continually monitored when in the area, but case closed 23/02/15. Bentham School Craven 2 Alleged non-compliance with 01/02/15 Investigation conducted. School signage planning permission ref. deemed in keeping with other School C5/08/2013/13575 re. excessive signage across the County. Site visit will surface water run-off onto adjoining be arranged imminently to discuss the land, fencing works, and school surface water run-off onto adjoining land. signage. Case on-going.

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Table 2 – Update on complaints/reports of alleged breaches of planning control from previous Quarter Report

Site Name District/Borough No. of Subject of Complaints Receipt of Action Complaints/ complaint reports /report County Matters Whitewall Quarry Ryedale 16 (3 Alleged out of hours operations, Various dates Investigations on-going with regard to all complainants) dust & noise issues, loaded HGVs between issues raised. Ryedale District Council’s leaving the site un-sheeted, 06/10/14 and Environmental Health Officer and the speeding HGVs, and use of weight- 21/12/14 Environment Agency are also involved with restricted roads. Blasting and matters relating to this case. Case on- vibrations, tipping on land to the going. south of the quarry, soil exportation, burning on site and vehicle movements. Womersley Quarry Selby 3 (1  Alleged motor cross bikes on tip  20/10/14  Complainant in direct contact with complainant) site on Sunday 19th October  27/10/14 Operator. Recorded for monitoring 2014.  03/11/14 purposes. Case closed 20/10/14.  Alleged motor cross bikes on tip  Complainant in direct contact with site on Saturday 25th October Operator. Recorded for monitoring 2014. purposes. Case closed 27/10/14.  Alleged motor cross bikes on tip  Complainant in direct contact with site on Sunday 2nd November Operator. Recorded for monitoring 2014. purposes. Case closed 03/11/14. County Council Development NONE.

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Table 3 – Update on unresolved complaints/reports of alleged breaches of planning control

Site Name District/Borough No. of Subject of Complaints Receipt of Action Complaints/ complaint/report reports Womersley Quarry Selby 1 Discolouring of water at Blue 15/03/14 Environment Agency is leading on this on- Lagoon diving centre (rust- going investigation. Water management coloured), allegedly a consequence strategies on site are being reviewed. Case of tipping operations at Womersley on-going. Quarry.

Whitewall Quarry Ryedale 90 to end of Alleged out of hours operations, 06/05/14 to Investigations on-going with regard to Q4 dust & noise issues, loaded HGVs present blasting, noise, dust and tipping on land to leaving the site un-sheeted, the south of the quarry. Ryedale District speeding HGVs, and use of weight- Council’s Environmental Health Officer, and restricted roads. Blasting and the Environment Agency also involved with vibrations, tipping on land to the matters relating to this case. Case on- south of the quarry, soil exportation, going. burning on site and vehicle movements.

Table 4. Complaints receiving an acknowledgement within 5 working days

Quarter 4 – 2014/2015 49/49 100%

Table 5. Complaints receiving an initial investigation and response to the complainant within 20 working days

Quarter 4 – 2014/2015 49/49 100%

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Table 6. Percentage of complaints fully resolved within 20, 40, and 60 working days - (13 resolved in total)

20 Working Days:

Quarter 4 – 2014/2015 13 out of 13 100%

40 Working Days:

Quarter 4 – 2014/2015 N/A N/A

60 Working Days:

Quarter 4 – 2014/2015 N/A N/A

Overall Average length of time taken to resolve complaints for Quarter 4 2014/2015

4.5 days.

Existing Enforcement Issues

i) Wistow Mine – Consideration is now being given as to how to proceed. Matter is on-going.

ii) Stillingfleet Mine – Consideration is now being given as to how to proceed. Matter is on-going.

iii) Alne Brickworks Landfill Site – Consideration is now being given as to how to proceed. Matter is on-going.

Notices Served by the County Council

No notices were served during this period.

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Table 5. Monitoring and Compliance Visits undertaken in Quarter 4 (Minerals and Waste Sites only)

Site District Date Visited Gebdykes Quarry Hambleton 21/01/2015 Potgate Quarry Harrogate 21/01/2015 Allerton Park Landfill Harrogate 23/01/2015 Scorton Quarry Richmondshire 03/02/2015 Womersley Quarry Selby 05/02/2015 Blubberhouses Quarry Harrogate 06/02/2015 Ripon Quarry Harrogate 06/02/2015 Eggborough Sand Quarry Selby 12/02/2015 Smaws Quarry Selby 17/02/2015 Pallett Hill Quarry Richmondshire 19/02/2015 Barton Quarry Richmondshire 23/02/2015 Sand Quarry Ryedale 26/02/2015 Wykeham Quarry Scarborough 09/03/2015 Grey Yaud Quarry Richmondshire 12/03/2015 Whitewall Quarry Ryedale 13/03/2015 Burythorpe Quarry Ryedale 19/03/2015 Forcett Quarry Richmondshire 24/03/2015

Author of report: Amy Taylor (Extension 2401) – Monitoring & Compliance Officer

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