Agenda item

To consider a report by the Chief Planning Officer which sets out detail of an outline application for the erection of a Motorway Service Area including means of access and: facilities building with viewing platform, up to 100 bedroom Hotel, Skelton Lake Visitor Centre, fuel filling station, vehicle circulation and parking areas, landscaping and amenity spaces, pedestrian and cycle links, pumping station, retaining structures and associated mitigation, infrastructure and earthworks at land off Junction 45, M1 Motorway.

(Report attached)

The Chief Planning Officer submitted a report which set out details of an outline application for the erection of a Motorway Service Area, including; means of access. The facilities would include a building with viewing platform, up to 100 bedroom Hotel, Skelton Lake Visitor Centre, Fuel Filling Station, Vehicle Circulation and Parking Areas, Landscaping and Amenity spaces, Pedestrian and Cycle links, Pumping Station, retaining structures and associated mitigation, infrastructure and earthworks to land off Junction 45, M1 Motorway.

Site photographs and plans were displayed and referred to throughout the discussion of the application.

In providing an update, the Chief Planning officer highlighted the following changes which had been made to the report following its circulation:

Consultation responses

Para 7.18 – To clarify that Travelwise had raised no objections subject to the imposition of conditions and the relevant clauses within a Sec.106 Agreement. Their requirements are reflected in the recommendation and list of conditions.

Para. 7.23 – Yorkshire Wildlife Trust recommend that a wider joined approach be taken to bio-diversity including this site, adjacent residential site subject to the current 2015 application and the proposed additional housing site. To note that in respect of this scheme condition 32 seeks the submission of biodiversity enhancement and management plan.

Para’s 2.4 & 10.20 – The scheme provides shared footways and cycleways rather than ‘segregated footways and cycleways as reported.

Para. 2.4 – Clarify that the access road allows for a single bus stop layby on the outbound carriageway.

Para 10.20 - makes reference to 'The proposed access is designed to accommodate all vehicle types, including the largest abnormal loads which are permitted to travel on the road'. The access had been modelled for typical abnormal loads but not necessarily the largest, this had been agreed with  highways officers.

Following the submission of the further Environmental Statement information relating to minor changes to the siting of the hotel and further highway info (trip rates/50 additional parking bays/bus layby provision) further consultation had taken place with a number of further consultation responses being received, but which raise no new issues

The Gardens Trust had written to confirm that they do not wish to comment on the application.

Representation from the Applicant

Having taken Leading Counsel’s advice the applicant considers that the following points should be drawn to the attention of the Panel for the purposes of clarity and accuracy:

Para 8.1 add to the end:

Compliance with the Development Plan should be assessed by reference to the Development Plan read as a whole.

Para 8.4 – Add to the end of the paragraph:

The draft AVLAAP is a material consideration in the determination of the application.

Before Para 10.1 add a new paragraph as follows:

The Development Plan policies as set out earlier in this report had been considered, however, those relating to employment land are considered to be the most important and are referred to further in the following paragraphs. Overall it is concluded that the proposed development does comply with the Development Plan when read as a whole. 

Para 11.1 add the following sentence:

It is considered that the application complies with the Development Plan when read as a whole.

Para 11.6 replace the final sentence with the following:

Although the proposed development was considered to comply with the Development Plan read as a whole it did represent a departure from one of the saved policies of the UDP (Policy E4) and as a consequence needs to be referred to the Secretary of State as a departure from the Development Plan before permission can formally be issued. 

In response to queries raised on the approach to the development plan, the Legal Officer commented that Leading Counsel was correct to say that in assessing compliance with the development plan it was necessary to consider the plan as a whole and the officer had set out his views on the issue of compliance in the submitted report. In any event (and as highlighted by the applicant), this was a departure from the development plan which required the application to be referred to the Secretary of State

In response to Members comments and questions the following issues were discussed:

·  Members welcomed the design of the Motorway Service Area

·  The multi-faith room should be located on the ground floor to aid people with disabilities

·  Members questioned if there was adequate car parking / HGV spaces and staff travel provision designated for the proposed development

·  Clarification was sought around air quality monitoring

·  Noted that biodiversity issues would be included in the Reserved Matters application

·  Members welcomed the employment and training opportunities the development would bring to locality

RESOLVED – That the application be deferred and delegated to the Chief Planning Officer for approval subject to the conditions specified in the submitted report and following referral of the application to the Secretary of State as a Departure from the Statutory Development Plan and should the Secretary of State decide not to call in the application for determination, the Chief Planning Officer be authorised to secure the completion of a Section 106 agreement to include the following:

·  Travel Plan and Monitoring fee (£3,540)

·  Local Employment and Training Initiatives

·  Traffic Regulation Order (£25,000)

·  Bus stop (Pole) contribution (£500)

·  To ensure the provision of a bus route through the site

In the event of the Section 106 Agreement not being completed within 3 months of the Panel resolution to grant planning permission, final determination of the application be delegated to the Chief Planning Officer