Item 1 North York Moors National Park Authority Planning Committee Public Minutes of the meeting held at The Old Vicarage, Helmsley 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 Ryedale 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 Yorkshire 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, North Yorkshire, 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, Thirsk, 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; Allerston, Beadlam, Burniston, East Ayton, East Harlsey, Ebberston and Yedingham, Great Ayton, Great and Little Broughton, Great Busby, Guisborough, Ingleby Arncliffe, Irton, Kirkby in Cleveland, Kirkbymoorside, Lockwood, Nawton, Newby, Pickering, Potto, Scalby, Snainton, Sutton under Whitestonecliffe, West Ayton.