NORTH YORKSHIRE COUNTY COUNCIL

 

PLANNING AND REGULATORY FUNCTIONS COMMITTEE

 

 

Minutes of the Meeting held at Masham Town Hall, Masham on Tuesday, 16 January 2007.

 

PRESENT:-  County Councillors John Fletcher (Chairman), John Blackburn, Heather Garnett, Robert Heseltine, Bill Hoult, Andrew Lee, Jim Snowball, Herbert Tindall, Cliff Trotter and John Wren.

 

Also in attendance approximately forty members of the public.

 

Apologies were received from County Councillor Morris Lightfoot.

 

 

It was reported that Alwyn Shaw, an Officer with North Yorkshire County Council for over 28 years, and currently the Minerals and Waste Planning Manager, would be retiring shortly after the meeting.

 

Members thanked Mr Shaw for his many years of service to the County Council, and to the Planning and Regulatory Functions Committee, and asked for their appreciation to be placed on record.

 

 

 

COPIES OF ALL DOCUMENTS CONSIDERED ARE IN THE MINUTE BOOK

 

 

113.          MINUTES

 

RESOLVED –

 

That the minutes of the meeting held on 10 October 2006, having been printed and circulated, be taken as read and be confirmed as signed by the Chairman as a correct record.

 

 

114.          PUBLIC QUESTIONS OR STATEMENTS

 

The Head of Committee Services reported that, other than those members of the public who wish to address the Committee in respect of items concerning individual applications, he had not received notice of anyone wishing to address the Committee.

 

County Councillor Heather Garnett declared a personal interest in respect of the following application in relation to her being a member of English Heritage.

 

 

115.          FULL PLANNING APPLICATION (C2/06/01616/CCC) ACCOMPANIED BY AN ENVIRONMENTAL STATEMENT FOR THE EXTRACTION OF SAND AND GRAVEL AND MODIFICATION OF CONDITION 2 OF PLANNING PERMISSION REF: C2/92/500/53, LADY BRIDGE FARM, THORNBOROUGH

 

CONSIDERED –

 

The Report of the Corporate Director – Business and Environmental Services in respect of a revised planning application, accompanied by an Environmental Statement, for the extraction of sand and gravel and variation of condition 2 of planning permission ref: C2/92/500/53 at Lady Bridge Farm, Thornborough.

 

The report outlined that a previous application submitted under reference C2/92/500/53A had been refused in February 2006 as contrary to the Policies of the North Yorkshire Minerals Local Plan, on grounds of unacceptable adverse impact on nationally important archaeological remains, and the site, not being within a preferred area, area of search or constituting a small scale extension.  An appeal had been lodged against the refusal of the planning permission by the applicant company. 

 

Discussions had been held with Officers of the County Council and English Heritage in respect of this issue and this revised application, had been submitted by the applicant under reference C2/06/01616/CCC.

 

Full details of the proposals were outlined to the Committee.

 

Detailed objections from the Friends of Thornborough Henges were outlined within the report and an additional list of objections, including legal advice that had been sought on behalf of the Group, in respect of the application, had been submitted to Members prior to the meeting. 

 

Details of additional conditions requested by the Environment Agency, in relation to the application, had also been circulated to Members prior to the meeting. 

 

Mr John Lowry, representing the Friends of Thornborough Henges, outlined the objections on behalf of the Group.

 

Bob Nicholson, representing the applicants, Tarmac Limited, spoke in favour of the application, together with a representative of Consultant Archaeologist. 

 

Details of the application in relation to the archaeological aspect of the proposal and mineral extraction, were outlined by the appropriate representatives of the Corporate Director – Business of Environmental Services.

 

A reference was made to condition 10 of the planning conditions attached to the application, should it be approved, and it was stated that amendment should be made to the reason for the condition in line with the details that had been sent out to Members’ prior to the meeting. 

 

RESOLVED –

 

That planning permission be granted, subject to the S106 Agreement and the recommended conditions as outlined in the report, with an amendment to the reason relating to condition 10, which should read as follows:-

 

No development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological works in accordance with the written scheme of investigation submitted by the applicant and approved by the County Planning Authority.

 

Reason:  to ensure that archaeological remains are preserved by record in accordance with policy 4/8 of the North Yorkshire County Council Minerals Local Plan;

 

And, subject to the inclusion of two additional conditions as recommended by the Environment Agency, as follows:-

 

Prior to commencement of development, a desk study shall be submitted to and approved in writing by the Local Planning Authority.  The aim of the desk study shall be develop an understanding of the environmental setting of the site with regard to surface water and ground water.  The study radius shall be 4kms, to include St Michael’s Well at Well and the scheduled ancient monuments of Thornborough Henges.

 

Reason: for the protection of the water environment.

 

Prior to commencement of development a details hydrological and hydrogaelogical risk assessment shall be submitted to and approved in writing by the Local Planning Authority.  This document shall interpret the understanding gain from the desk study and shall have regard for any potential risks to the broader environment resulting from alterations to the surface or ground water regimes caused by development.  The assessment should consider ground water – rock interactions such as gypsum, disillusion within the radius of the study.  The assessment radius shall be 4kms to include St Michael’s Well at Well and the scheduled ancient monuments of Thornborough Henges. 

 

Reason: for the protection of the water environment.