Agenda item

To consider a report by the Chief Planning Officer which sets out details of an application which seeks the retention of brick substation housing at Spofforth Hill, Wetherby.

(Report attached)

The report of the Chief Planning Officer seeks retrospective planning permission for the retention of an electricity substation which serves the approved housing development at Spofforth Hill, Wetherby. The application was report to Plans Panel at the request Ward Councillor John Procter, following Panel consideration of the pelican crossing at the 17^th August 2017 meeting. At the meeting it was resolved to reaffirm the importance the Panel places upon the community Liaison Forums (CLF’s) established under planning permissions for large residential developments. Minute 32 refers

This application was for the retention of a single storey electricity substation which is square in footprint and with a hipped roof. Members noted that the building was constructed of Crest Old Saxon Blend brick and roofed in Sandtoft double pantiles with louvered access doors to the front elevation which matches the rest of the development.

The Panel was informed that the substation was located within a recently approved development of over 300 houses. Members heard that the substation was sited to the south side of the approved main boulevard between approved plots 49 and 50 to the rear of these properties fronting Spofforth Hill, and more specifically, to the rear of the dwelling No 64 Spofforth Hill named Hillcrest.

Members were advised of the recent planning history set out at paragraph 4 of the submitted report. Members heard that the retrospective application follows refusal of earlier application reference 17/9/00183/MOD. It was noted that the refusal was not based on the planning merits of the proposal simply that it did not fall within the scope of the Council’s guidance on what matters were capable of being considered a non-material amendment. Following the issue of the refusal notice the applicant was now seeking retrospective planning permission in order to regularise the building’s unauthorised status.

Members were advised that only one letter of objection had been received from a neighbour on the opposite side of Spofforth Hill. Members heard that there were no material planning objections to the substation, the objection was to the retrospective nature of the application and expressed concerns that conditions of the reserved matters approval were being breached.

It was also noted by Members that the Wetherby Town Council had not raised any objections.

Mr Owen attended the Plans Panel and informed the Panel that the building of the substation was a contravention of the law. Mr Owen went on to say that Bellway Homes had breached a number of conditions including:

·  Delivery times;

·  Start time of work on site; and

·  Allowing people to live in finished properties whilst work was still ongoing

David Newbury, Group Manager, Planning Services explained that Bellway had applied for a non-material amendment. He went on to explain what a non-material amendment was and the planning process.

Steve Butler, Head of Development Management informed the Panel that Bellway Homes had been spoken to and had letters sent to them about this issue.

Sarah Carr of Bellway Homes apologised for the retrospective application explaining that it had been a genuine error which had only been noticed when in discussions with the electricity company. Ms Carr informed the Panel that Bellway had learnt from this error and would in future provide an indication of where the sub-station would be located.

Ms Carr advised the Panel the ongoing debate about the pelican crossing had now been resolved. She said that the Consultation Forum had been found to be useful.

RESOLVED – To grant permission subject to the specified conditions.