Item 3 North Moors National Park Authority Planning Committee

Public Minutes of the meeting held at The Old Vicarage, Helmsley on Thursday 21 March 2013.

Present: Mrs V Arnold, M Bowes, B Briggs, Ms A Fisher, Mrs J Frank, D Hugill, M Knaggs, P Lawson, E Sanderson, Mr A Scott, Mrs C Seymour, G H Simpson, B Suthers, Mrs H Swiers, R I Thompson, H Tindall

Apologies: P Wheeler, Mrs J Mitchell, D C Jeffels, J Bailey

Copies of all Documents Considered are in the Minute Book

Herbert Tindall read out a statement to Members concerning the resignation of Tim Lawn from the National Park Authority, Scarborough Borough Council and Sleights Parish Council and informed Members that as Deputy Chairman of Planning he would chair the Planning Committee Meeting.

15/13 Minutes

Resolved: That the minutes of the meeting held on 21 February 2013, having been printed and circulated, be taken as read and be confirmed and signed by the Chairman as a correct record.

16/13 Members Interests

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

17/13 Emergency Evacuation Procedure

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

18/13 Joint Minerals and Waste Plan

Considered:

The report of the Planning Policy Officer.

Recommendation: 1. That Members note the content of the report. 2. That Members agree to the Memorandum of Understanding and authorise officers to make minor amendments to this. 3. That Members agree to the Project Plan. 4. That Members note the proposals for Regulation 18 consultation and provide any comments on the proposed process. 5. That Members agree to the amendment to the Statement of Community Involvement set out in paragraph 4.5.

Planning Minute/1

Resolved: Members noted the content of the report.

1. That Members agreed to the Memorandum of Understanding and authorised Officers to make minor amendments to this including the deletion of the words ‘on the following basis 55:25:20 (NYCC:CYC:NYMNPA) or’ from section 4 of the page titled ‘Contributions’ (Annex B of the Memorandum of Understanding). 2. That Members agreed to the Project Plan. 3. That Members noted the proposals for Regulation 18 consultation, however did not offer any comments on the proposed process. 4. That Members agreed to the amendment to the Statement of Community Involvement set out in paragraph 4.5. 5. The Planning Solicitor asked Members to indicate if they had any objection in principle to a Joint Committee being used to establish the Joint Plan. No such objection was indicated.

19/13 Whitby Business Park Area Action Plan

Considered:

The report of the Policy Manager.

Recommendation: That Members (i) Note the content of the draft Plan and provide any comments to be incorporated in the draft that is published for consultation. (ii) Authorise officers to make any other minor text changes in preparing the document for consultation. (iii) Authorise consultation on the draft Plan during April and May 2013.

Resolved: That Members (i) Noted the content of the draft Plan and provided comments to be incorporated in the draft that is published for consultation. The following suggestions were made: • Inclusion of a plan showing the Business Park in the wider context of Whitby • Clearer local maps • Clarification of the Classes from the Use Classes Order which are currently represented on the Business Park and which Classes are included/excluded together with specific reference to and an explanation of Use Class B • Explanation of Dogger Bank and the impacts this proposal may have • Reference to and explanation of the Local Enterprise Partnership In respect of future developments at the Business Park, Members agreed that highway design and public realm should be of a high quality. (ii) Authorised officers to make any other minor text changes in preparing the document for consultation. (iii) Authorised consultation on the draft Plan during April and May 2013.

Planning Minute/2 20/13 Enforcement Action Progress Report

Considered:

The report of the Enforcement and Compliance Team Leader.

Resolved: That the report be noted.

21/13 Miscellaneous Items

Considered:

The report of the Director of Planning.

Resolved: That the report be noted.

22/13 Applications for Planning Permission

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

Plans List Item 2 – Mr Ward spoke in favour of the application. Plans List Item 7 – Mr Harrison spoke in favour of the application.

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.

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/2012/0518/FL - Creation of gated vehicular access (retrospective) at rear of 17 – 21 South End, Osmotherley for Miss K Buckton, Church View, Gamblesby, Penrith, CA10 1HR . Decision Approved as recommended with an amendment to the development description as set out on the Members Update Sheet which reads as follows: Retention of a gated access

Planning Minute/3 2. NYM/2012/0787/FL - Conversion of building to form annexe accommodation to Lobster Cottage (retrospective) at The Shed, Beckstones Yard, Chapel Yard, Staithes for Mr Dave Ward, Lobster Cottage, Beckstones Yard, Chapel Yard, Staithes, Saltburn by the Sea, Cleveland, TS13 5BS. Decision Approved as recommended with the decision delegated to the Director of Planning to clear following receipt of satisfactory amended flue details. 3. NYM/2013/0052/R3 - Application under Regulation 3 (Town and Country Planning General Regulations 1992) for construction of a 120 metre x 1.5 metre stone footpath at land to the north of Grosmont Engine Sheds, Grosmont for National Park Authority, fao: Mr Matthew Fitzgerald, Moors Centre, Lodge Lane, Danby, Whitby, North , YO21 2NB. Decision Application formally withdrawn by the applicant. 4. NYM/2013/0107/FL - Variation of condition 4 of planning approval NYM/2006/0374/FL to allow the occupancy of the letting unit by person(s) living/working in neighbouring parishes at Fairville, Heathwaite, Swainby for Mr Graham Swainson, Fairville, Heathwaite, Swainby, Northallerton, , DL6 3DS. Decision Caroline Seymour and David Hugill declared a personal interest in this item as the applicant is known to them as chair of Whorlton Parish Council. Approved as recommended. 5. NYM/2013/0023/FL - Formation of 6 no. wildlife ponds at land at Bayness, Robin Hoods Bay for National Trust, fao: Mr Mark Bradley, Peakside, Ravenscar, Scarborough, North Yorkshire, YO13 0NE. Decision Approved as recommended with the decision delegated to the Director of Planning to clear an additional condition relating to pond lining details. 6. NYM/2013/0041/FL - Variation of condition 4 of planning approval NYM3/102/0564C/PA to extend holiday letting period to 6 months and to allow the holiday units to be used as local needs letting accommodation at Cropton Forest Lodge, Stape for Mrs Sue Blackburn, Cropton Forest Lodge, Stape, Pickering, North Yorkshire, YO18 8HY. Decision Approved as recommended with the decision delegated to the Director of Planning to clear an additional condition requiring the owner/operator to maintain a logbook of all occupiers. 7. NYM/2013/0070/CU - Change of use of public house and licensed premises with restaurant, letting rooms, holiday cottage and living accommodation to tea room, holiday cottage and living accommodation for a period of two years (no external alterations) at Everley Country Hotel, Hackness for David Harrison and Michael Field, The Everley Country Hotel, Hackness, Scarborough, North Yorkshire, YO13 0BT. Decision Janet Frank declared a personal interest in this item as an owner of a public house. Approved as recommended. 8. NYM/2013/0090/R3 - Application under Regulation 3 (Town and Country Planning General Regulations 1992) for use of land for the siting of a refreshment concession at Newton Under Roseberry Car Park, Guisborough for North York Moors National Park Authority, fao: Mr Bernard McLinden, The Old Vicarage, Bondgate, Helmsley, York, North Yorkshire, YO62 5BP. Decision Approved as recommended.

Planning Minute/4 9. NYM/2013/0098/R3 - Application under Regulation 3 (Town and Country Planning General Regulations 1992) for use of land for the siting of a refreshment concession at Blue Bank Car Park, Eskdaleside cum Ugglebarnby for North York Moors National Park Authority, fao: Mr Bernard McLinden, The Old Vicarage, Bondgate, Helmsley, York, North Yorkshire, YO62 5BP. Decision Approved as recommended with the decision delegated to the Director of Planning to clear following the receipt of the Parish Council comments providing no objections/no additional material considerations are raised.

23/13 Enforcement issues comprising of an Unauthorised Agricultural Building; an Unauthorised Plateau Including Embankment; an Unauthorised Reservoir; an Unauthorised Farm Track; 2 No. Unauthorised Duck Ponds; and an Unauthorised Water Storage Pond at Grange Farm, Staintondale

Considered:

The report of the Enforcement and Compliance Team Leader.

David Hugill declared a personal interest in this item as a member of the National Farmers Union.

Although it is not standard practice to allow members of the public the opportunity to speak for three minutes on enforcement items, at the Chairman’s discretion, Mr Else was given the opportunity to address Members for three minutes.

Mr Else informed the Authority that he was unable to attend the Meeting and requested that a statement be read out on his behalf. The Enforcement and Compliance Team Leader read out a statement Mr Else submitted to the Authority as Mr Else was not present at the Meeting.

Recommendation: That Enforcement action, and any other legal action necessary, be authorised to secure the removal or modification of the existing unauthorised agricultural building by: • Modify the unauthorised building to accord with the planning permissions (NYM etc); or • Demolish the unauthorised agricultural building in its entirety removing all waste and arisings from the demolition from the land. • The time frame for completing the above steps is six (6) months from the date of the enforcement notice coming into effect.

Resolved: Members attention was drawn to the revised recommendation set out on the Members Update Sheet as follows:

That: Enforcement action, and any other legal action necessary, be authorised to secure the removal or modification of the existing unauthorised agricultural building by: • Modify the unauthorised building to accord with the buildings approved under the planning permissions NYM/2010/0167/FL, NYM/2006/0444/FL, NYM/2006/0940/FL and NYM/2006/0939/FL; and remove all waste and arisings create by the modifications from the land; OR

Planning Minute/5 • Modify the unauthorised building to accord with the eaves and ridge dimensions, design and colouration of the buildings approved under the planning permissions NYM/2010/0167/FL, NYM/2006/0444/FL, NYM/2006/0940/FL and NYM/2006/0939/FL; and remove all waste and arisings create by the modifications from the land; OR • Demolish the unauthorised agricultural building in its entirety removing all waste and arisings from the demolition from the land. • The time frame for completing the above steps is six (6) months from the date of the enforcement notice coming into effect.

Members authorised Enforcement action, and any other legal action necessary to secure the removal or modification of the existing unauthorised agricultural building as set out in the recommendation on the Members Update Sheet.

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