Item 1 North Moors National Park Authority Planning Committee

Public Minutes of the meeting held at The Old Vicarage, on Thursday 23 August 2012.

Present: J Bailey, M Bowes, Ms A Fisher, Mrs J Frank, D C Jeffels, M Knaggs, T Lawn, P Lawson, Mrs J Mitchell, S Scoffin, A Scott, Mrs C Seymour, G H Simpson, Mrs H Swiers, R I Thompson, H Tindall, P Wheeler

Apologies: Mrs V Arnold, B Briggs, D Hugill, E Sanderson, B Suthers,

Copies of all Documents Considered are in the Minute Book

57/12 Minutes

Resolved: That the minutes of the meeting held on 19 July 2012, having been printed and circulated, be taken as read and be confirmed and signed by the Chairman as a correct record.

58/12 Members Interests

Members were reminded of their responsibility to declare any personal and prejudicial interests relating to any agenda item prior to its consideration.

59/12 Emergency Evacuation Procedure

The Chairman informed Members of the Public of the emergency evacuation procedure.

60/12 Exclusion of the Public

Resolved: That, pursuant to Section 100(A) (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of Item 9 on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 5 and 6 of Part 1 of Schedule 12A to the Local Government Act 1972.

61/12 Local Plan Strategy and the Duty to Co-operate

Considered:

The report of the Policy Officer.

Resolved: That Members noted the various mechanisms that are in place to ensure that strategic, cross boundary issues are addressed in North and that the Inspectorate is advised that this Authority considers that there has been a positive and on-going dialogue with Ryedale District Council as the Local Plan Strategy has progressed which has ensured that strategic issues related to the National Park have been identified and addressed in the Plan.

Planning Minute/1 62/12 Report on the Government’s Consultation on Changes to the Use Classes Order

Considered:

The report of the Policy Officer.

Recommendation: That Members note the details of the consultation paper and recommend that the comments set out in paragraph 10.1 of the report which sets out the Authority’s strong objections to the proposals be sent to the Department of Communities and Local Government as a response to the consultation.

Resolved: That Members noted the details of the consultation paper and recommend that the comments set out in paragraph 10.1 of the report which sets out the Authority’s strong objections to the proposals be sent to the Department of Communities and Local Government as a response to the consultation. However Members requested that the response be revised in order to present special implications for National Parks and suggest that the existing planning system is simplified rather than deconstructed.

63/12 Miscellaneous Items

Considered:

The report of the Director of Planning.

Resolved: That the report be noted.

64/12 Applications for Planning Permission

The following members of the public addressed the meeting regarding the Plans List Items indicated:

Plans List Item 1 – Roger Bush spoke against the application and Mr Fox spoke on behalf of the Parish Council. Plans List Item 3 – Julie Bushell spoke in favour of the application. Plans List Item 6 – Owen O’Connell spoke in favour of the application and Mr Horne spoke against the application. Plans List Item 7 – Graham Howard spoke in favour of the application. Plans List Item 8 – Elaine Arnott spoke in favour of the application. Plans List Item 9 – Jenny Lonsdale spoke in favour of the application. Plans List Item 11 – Mark Leat spoke in favour of the application. Plans List Item 12 – John Goodwin spoke in favour of the application, David Beeley spoke against the application and Janet Sanderson spoke as Ward Councillor.

Considered:

The report listing applications and the Director of Planning’s recommendations thereon. Members also considered further information circulated on the Members’ Update Sheet at the meeting including; updated recommendations from the Director of Planning and comments received after the agenda was printed from: consultees, objectors and supporters.

Planning Minute/2 Resolved: (a) That with regard to all applications listed in the report and subject to: (i) the amendments specified below; and (ii) the imposition of conditions in accordance with the relevant provisions of Sections 91-94 of the Town and Country Planning Act 1990, except in those instances where an alternative condition is contained in the Director of Planning’s recommendation or in an amendment referred to in (i) above;

decisions be given in accordance with the Director of Planning’s recommendations:

List Plan No. and Description of Proposal No 1. NYM/2012/0325/FL - Use of first floor above existing cold store 1 as office and storage area, construction of part single/part two storey extensions to form additional offices, preparation areas and cold storage together with construction of garage/workshop/store following demolition of existing structures at Grange Farm, Levisham at The Ginger Pig Ltd, Grange Farm, Levisham, Pickering, , YO18 7NL. Decision Approved as recommended with the decision delegated to the Director of Planning to clear once Officers have addressed traffic and access related matters, including the noise from parked refrigeration lorries and with the removal of condition 11 (HWAY14B Provision of Approved Access, Turning and Parking Areas) and reason for condition 11, subsequent renumbering and five additional conditions as set out on the Members Update Sheet: 12. HWAY15 Parking Spaces to Remain Available for Vehicle Parking (Non- residential) 13. HHWAY18A Precautions to Prevent Mud on the Highway 14. HWAY24 On-Site Parking, On-Site Storage and Construction Traffic During Development 15. HWAY26 Travel Plans 16. LNDS01 Landscaping Scheme Required (a 10 metre deep landscaped buffer area to east of Limpsey Cottage) 2. NYM/2012/0303/CVC - Verification check of condition 4(b) of planning approval NYMR/003/0043B for underground mining of Potash under 160 hectares of land at land to the east of Ellerby and south of Runswich Bay village for Cleveland Potash Limited, c/o D McLuckie, Boulby Mine, Loftus, Saltburn, Cleveland, TS13 4UZ. Decision Approved as recommended. 3. NYM/2012/0534/FL - Construction of 1 no. local occupancy dwelling following demolition of existing dwelling together with construction of garage block and stable block (part retrospective) at Angram Grange, Cold Kirby for Ms Julie Bushell, Angram Grange, cold Kirby, , North Yorkshire. Decision Approved as recommended with an amendment to condition 3 as set out on the Members Update Sheet and with the Director of Planning to clear a further amendment to change the wording of this condition from three years to five years, removal of condition 8 (MATS04 Stonework and Roofing Tile to Match) and replacement with MATS14, removal of condition 9 (MATS06) and replacement, removal of condition 16 (MATS71 Black Painted Cast Iron Rainwater Goods) and replacement, additional condition (MATS40 Detailed Plans of Window Frames Required) and reason for condition added as number 18 and subsequent renumbering together with 4 additional conditions as follows:

Planning Minute/3 3. The occupation of the dwelling hereby permitted shall be limited to: i) Miss Julie Bushell, Mr Gerald Orchard, Mrs Barbara Newman, Mr Ray Newman or; ii) a qualifying person; and iii) a wife or husband (or person living as such), licensee, dependant or sub tenant of a qualifying person. For the purpose of the above, a person is a qualifying person in relation to the dwelling if he/she has an interest in the dwelling (see Note A) and, immediately prior to occupying the dwelling, he/she satisfied the Local Planning Authority that he/she was in need of local needs housing in terms of the criteria set out in Core Policy J of the adopted North York Moors Local Development Framework, namely that he/she: a) is currently living in and has permanently resided in the National Park for three years (has the change to this to 5 years been captured in the changes set out above?) or more and is living in accommodation that no longer meets their requirements or b) does not currently live in the National Park but has a strong and long standing link to the local community including a previous period of residence of three years or more or c) has an essential need to move to live close to relatives who are currently living in and have resided in the National Park for at least the previous three years or more and require support for reasons of age or infirmity or d) requires support for reasons of age or infirmity and need to move to live close to relatives who are currently living and have resided in the National Park for at least the previous three years or more or e) needs to live in the National Park as a result of current sole employment within that parish or adjacent parishes within the National Park. Prior to the occupation of the development the qualifying person shall have obtained confirmation in writing from the Authority that they satisfy the local need criteria outlined in points a - e above.

Note A: For the purposes of the above, a person has an interest in the dwelling if he/she has a freehold or leasehold interest in the whole or any part of it, or is a secure tenant or statutory tenant within the meaning of the Housing Act 1985 or the Rent Act 1977. Note B: For the purposes of the above, resident within the National Park will include the whole of parishes split by the National Park boundary with the following exceptions; , Beadlam, Burniston, , East Harlsey, Ebberston and Yedingham, Great Ayton, Great and Little Broughton, Great Busby, , Ingleby Arncliffe, Irton, Kirkby in Cleveland, , Lockwood, Nawton, Newby, Pickering, Potto, Scalby, , Sutton under Whitestonecliffe, West Ayton. 8. MATS14 Roof Tile to Match 9. MATS00 No work shall commence on the excavation works for the development hereby permitted until a pair of one metre square freestanding panels of stonework showing the type of stone and stonework to be used in the construction of the development hereby permitted has been constructed on site and approved in writing by the Local Planning Authority. The panels shall comprise a squared coursed rubble panel for the front elevation and random rubble panel for the side and rear elevations. All new stonework shall match that of the approved panels both in terms of the stone used and the coursing, jointing and mortar mix and finish exhibited in the panels unless otherwise agreed in writing by the Local Planning Authority. The stone panels constructed shall be retained until the development hereby approved has been completed. Details of the stone lintels/key stones shall also be submitted for approval and only the approved lintels/key stones shall be used in the development hereby permitted.

Planning Minute/4 16. MATS00 All rainwater goods to the front elevation shall be black painted cast iron and thereafter be so maintained in that condition in perpetuity unless otherwise agreed in writing by the Local Planning Authority. 18. MATS40 Detailed Plans of Window Frames Required 20. HWAY16 Parking for Dwellings 21. HWAY18A Precautions to Prevent Mud on the Highway 22. HWAY24 On-Site Parking, On-site Storage and Construction Traffic During Development 23. ARCH01 Archaeological Interest Requiring Prior Notice 4. NYM/2012/0475/FL - Permission for a temporary appraisal borehole and associated plant, equipment including drilling rig (max height 49 metres) and access arrangements at Ebberston Moor 3 Wellsite, Cockmoor Road, Sawdon for Viking UK Gas Ltd, fao: Mr John Dewar, Knapton Generating Station, East Knapton, Malton, North Yorkshire, YO17 8JF. Decision Approved with the decision delegated to the Director of Planning to clear once the ecology issues raised concerning whether Natural were aware of the application and whether due regard has been had to the proximity of a nearby raptor viewing platform have been addressed. 5. NYM/2012/0481/FL - Variation of condition 5 planning approval NYM/2003/0578/CU to allow an extension of opening hours until 9pm between 1 April and 30 September in any one calendar year at Lavenders Tearoom, the Forge, Thornton le Dale for Mr & Mrs N Rajab, The Forge, Thornton le Dale, Pickering, North Yorkshire, YO18 7RN. Decision Approved as recommended with an amendment to condition 1 as set out on the Members Update Sheet: 1. PLAN00 The development hereby permitted shall not be carried out other than in accordance with the application plans as amended by the plans received at the National Park Office on the 9 September 2003 and 30 September 2003 and location plan received on the 15 August 2012. 6. NYM/2012/0339/FL - Creation of twin trod track to improve existing car parking surface at land adjacent to Well Cottage, Hutton le Hole for Mr Owen O’Connell, Well Cottage, Hutton le Hole, North Yorkshire, YO62 6UD. Decision Deferred for further negotiations to take place with the applicant and discussions with the Court Leet. 7. NYM/2012/0474/FL - Removal of condition 3 (local occupancy restriction of planning approval NYM/2011/0449/FL at Plot 4, Former Verdun Farm, Bank Lane, Faceby for RA Howard and Sons Ltd, fao: Mr Graham Howard, Plot 4, Former Verdun Farm Bank Lane, Faceby, , North Yorkshire, TS9 7BP Decision Approved as recommended with the removal of condition 7 (MTS71 Black Painted Cast Iron Rainwater Goods) and replacement as set out on the Members Update Sheet: 7. MATS00 All rainwater goods shall be black plastic and thereafter be so maintained in that condition in perpetuity unless otherwise agreed in writing by the Local Planning Authority. 8. NYM/2012/0333/FL - Construction of workshop/storage building at 2 Mill Lane, Iburndale for Mr Robert Arnott, 35 Hollybush Green, Collingham, Wetherby, LS22 5BE. Decision Tim Lawn declared a personal interest in this item as a member of the Parish Council Approved as recommended.

Planning Minute/5 9. NYM/2012/0285/FL – Conversion of barns to form 1 no. local occupancy dwelling and 4 no. holiday letting cottages together with new storage building at Bannial Flat Farm, Guisborough Road, for Mr Paul Swales, The Grannary Bannial Flat Farm, Guisborough Road, Whitby North Yorkshire, YO21 1SQ. Decision Approved as recommended with an amendment to condition as set out on the Members Update Sheet: 8. RSUO00 The holiday units referred to in condition 7 shall form and remain part of the curtilage of the existing dwelling known as Granary, Bannial Flat Farm and shall not be sold or leased off from the main dwelling or let off except as holiday accommodation in accordance with the terms of condition 7 above without a further grant of planning permission from the Local Planning Authority; until such a time as when the northern most local occupancy unit has been completed and occupied when this unit shall then become the ‘main dwelling’ that the units should not be sold or leased off from, or let off except as holiday accommodation in accordance with the terms of condition 7. 10. NYM/2012/0354/FL - Construction of a two storey side extension at Greystones, Eskdale Side, Grosmont for Mr Lee Warham, 24 Occupation Lane, Edwinstowe, Mansfield, Notts, N921 9HU. Decision Approved as recommended. 11. NYM/2012/0476/FL - Construction of single storey front and rear extension and decking area to rear (part retrospective) at 58 Aldenham Road, Guisborough for Mr M Leat, 58 Aldenham Road, Guisborough, TS14 8LD. Decision Approved as recommended. 12. NYM/2012/0443/FL - Variation of condition 3 of planning approval NYM/2003/0709/CI to allow ancillary retail sales other than craft goods from units 1 to 6 (part retrospective) at Dalby Forest Courtyard, Dalby Forest Drive, Thornton le Dale for Forestry Commission, fao: Mr James Lee, North England & Yorkshire Forest Districts, Eals Burn, Bellingham, Hexham, NE48 2HP. Decision Approved as recommended.

65/12 Such other business, in the opinion of the Chairman, should, by reason of special circumstances, be considered as a matter of urgency

Resolved: Members discussed the allocation of affordable homes and resolved that the Authority is to write to the Housing Associations which have affordable dwellings in the National Park reminding them that it is best practice to inform the relevant Parish Council when a property becomes available for occupation and when drafting the list of potential occupiers.

...... (Chairman) 20 September 2012

Planning Minute/6 Public Summary of Items Considered "in Private" at the Meeting of the Planning Committee on 23 August 2012

Minutes for unauthorised earthworks on open moorland consisting of the digging of track side ponds and drainage ditches on Bransdale Moor, Bransdale

Resolved: That the minutes of the meeting held on 23 August 2012, having been printed and circulated, be taken as read and be confirmed and signed by the Chairman as a correct record.

Planning Minute/7