North York Moors National Park Authority. Director of Planning s Recommendation

Transcription

1 15 July 2010 List Number 1 North York Moors National Park Authority Scarborough Borough Council Parish: Newholm-Cum-Dunsley App Num. NYM/2010/0391/FL Proposal: Location: Applicant: Agent: Variation of condition 5 of planning approval NYM/2004/0670/FL to allow an increase in days for motor sport use from 5 to 10 per calendar year Skelder Farm, Guisborough Road, Whitby Whitby Motocross Club, Skelder Farm, Guisborough Road, Whitby, North Yorkshire, YO21 1TN Mr John Noble, Bridge Cottage, Ruswarp, Whitby, North Yorkshire, YO21 1NJ Date for Decision: 15 July 2010 Grid Ref: NZ Approval subject to the following conditions: Director of Planning s Recommendation 1. TL03 Standard three year commencement date 2. AP02 Original plans amended by letter received on 30 June RU00 Notwithstanding the provisions of the Schedule 2, Part 4, Class B of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order), motor sport activities shall only take place on the site (or any part of it) for a maximum of 10 days in any calendar year. 4. RU00 A list of the proposed calendar dates shall be submitted to the Authority at the beginning of every year and a diary of the events which have taken place shall be kept and the information shall be made available upon request in writing by the Local Planning Authority. 5. RU00 Within the permitted 10 day allowance motor sporting events shall not take place on consecutive weekends. 6. LS01 Landscaping scheme required 7. LS02 Landscaping scheme to be implemented Reasons for Conditions 1. To ensure compliance with Sections 91 to 94 of the Town and Country Planning Act 1990 as amended. 2. For the avoidance of doubt and to ensure that the details of the development comply with the provisions of NYM Core Policy A and Development Plan Policy In order to enable the Local Planning Authority to retain control over future alterations to the farm buildings in the interests of safeguarding the character of the locality in line with NYM Core Policy A. 4 & 5. In order to enable the Local Planning Authority to retain control over the scale of activity at the site and ensure compliance with NYM Core Policy A which seeks to safeguard public amenity. 6 & 7. In order to comply with the provisions of NYM Development Policy 3 which seeks to ensure that new development incorporates a landscaping scheme which is appropriate to the character of the locality and retains important existing features.

2 Path (um) 215.4m 192.2m 196.7m 195.6m Sinks Pond or Issues Skelder Farm A Guide Post Tumulus Def Skelder Cottage 224.1m 220.8m 1.14m TB 230.3m 239.8m Stones Def 248.6m Track Aislaby Moor Crown copyright. All rights reserved. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. North York Moors National Park Authority Track North York Moors National Park Authority The Old Vicarage Bondgate Helmsley York YO62 5BP Tel: Application No: NYM/2010/0391/FL Scale: 1:3787

3 Page 2 List Number 1 Borough - Consultations Parish - No objection. The Chairman has consulted 16 householders and none of them have objected to the motor cross, but one of them hoped it would not get out of hand. We think, therefore, 11 would be a good compromise instead of 14 and please try to avoid consecutive weekends. Highways - Further information is requested before a recommendation can be submitted. Environmental Health Officer - Natural England - Based on the proposals it would appear that the only change from the previous application approval is the number of days in which the site can operate. It would be our considered opinion that an additional nine days could effectively mean one event every month and as such could cause a significant impact on the landscape and the enjoyment of this area by its users, such as horse riders along the bridleways surrounding the site and walkers. It is noted that there is likely to be an increase of people coming to the site, and therefore significant numbers over a single weekend and we would question how the sites integrity and surrounding land might be affected by that number of people. It is encouraging to note that the applicant has requested the assistance of the Authority to implement a landscaping scheme that would help to screen the activities however, the Authority should ensure that the introduction of such a habitat is conducive to the natural beauty of this area and its location is appropriate. If the Authority are minded to grant approval we would recommend that a suitable condition is applied that ensures that an appropriate clean-up mitigation strategy is in place for the weekends that these activities take place and that any planting proposed is respectful of its surrounding environment and does not detract from the overall natural beauty of the area. Site Notice Expiry Date - 6 July Others - Jean & John Taylor, Moor End, Moor Road, Whitby Mr & Mrs J H Richardson, Warnbeck Farm, Dunsley Mike & Val Ward, Low Heulah Cottage, Dunsley Emma Evett, Manor House Farm, Newholm Miss J Taylor, 25 Egton Road, Aislaby Val Haram, Moor Lodge, Moor Road, Aislaby Mr & Mrs T J Richardson, Manor Garth House, Newholm Mr & Mrs K Johnston, Skelder Hill Farm, Guisborough Road Jim Storey, Applegarth, Egton Road, Aislaby All of the above have objected to the application for one or more of the following reasons: - What was originally a local event, five meets on single days spread throughout the year has now more than doubled in number and some are full weekend meetings. - Has now become commercialised with the club seeking a return on investment by maximising use of the track. - We have to suffer the noise more often and for entire weekends. - Detrimental to our well being. - Gross intrusion on our privacy. - The local quarry generates far less noise. - They already have ten meetings for this year. - The continual buzz all weekend is a bit much. - Many residents have tried to be understanding but last year it most definitely was out of hand. - We had three days of continuous noise over the August Bank Holiday.

4 Page 3 List Number 1 - Incessant noise of the bikes and announcer on the loudspeaker with every word being able to be heard in my garden from 08.30am until into the evening. The only way in warm weather is to spend those days away from our home, this cannot be acceptable. - The club wants no more than ten days in any one year. - 8/10 days should be the absolute minimum. - With the use of gaps of duration residents can at least plan to be away from home accordingly. - Planning permission already in breach last year. - Noise is intolerable, we could lose the use of our gardens for the whole summer. - Increase in traffic these extra events would generate. - Hard enough to get out of the Newholm Lane end onto the A North Yorkshire is badly affected by high levels of O-Zone and road accidents and this type of operation makes both these worse. - The site is an eyesore with the equipment there 365 days a year. - The plant and machinery operates for nights before a big meeting. - Extended practice and racing times beyond those initially granted have proven well founded. - A look at Google world using the calendar function clearly illustrates the blot on the park landscape this and Aislaby quarry have made over the last 5 years. - Government is committed to reducing the countries carbon emissions. Encouraging even more meetings with the resultant road traffic would appear to be at odds with this objective. - Recent incidents at the events have placed additional loads on both the NHS and Air Ambulance diverting resources away from none self inflicted cases. Mike & Val Ward, Low Heulah Cottage, Dunsley The above have objected to the revised details for one or more of the following reasons: - The original planning permission has not been adhered to for 3 years - i.e. used for at least ten days each year. What guarantees are there that the applicant won't flaunt the system again? ten days is still a 100% increase in usage from original application. Could you move to eight, ensure that is complied with before doubling the amount of days to ten? - Consultation. I am still not totally sure that people know about this application. The adjacent landowner who phoned me had apparently not been informed. No one you speak to has heard about it so by the time they realise it will be too late. - Too many people believe this to be a 'done deal' and there have been a number of comments already re the fact that a NYMMP Officer 'can see no problem' moving to 14 days as recorded on the application. This is being seen by some as pre determination. I know this will not be the case but as the applicant is related to the Deputy Chair of Planning I think the process should be seen to be fair rather than just being fair. - We have just endured consecutive weekends - last weekend and this Sunday. This is totally unacceptable. There should be a condition stating there has to be five/six weeks between events. - I believe silencers can be fitted to these bikes to reduce noise. Could this be a condition?

5 Page 4 List Number 1 Background Skelder Farm and Skelder Cottage lie to the north of the A171 Whitby to Guisborough road approximately 5 kilometres west of Whitby and approximately 2 kilometres south west of the villages of Newholm and Dunsley and one and a half kilometres north west of Aislaby village. The properties and farm are located on the roadside. There are two fields between the properties and the large Skelder Tree Plantation. On one of the fields adjacent to the plantation is a motor cross circuit. Initially used under the permitted development provisions in 2005 the Authority noted that a number of jumps had been created and following on enforcement investigation in March 2005 the Authority granted permission for an extension to the existing facility together with improvements to the existing vehicular access track for a maximum of five days in any calendar year. The applicants advise that Whitby Motocross is a voluntary organisation which aims to put all moneys from such meetings back into the safety and improvement of the track at Skelder. The Auto Cycle Union (ACU) has written in support of the application, in brief they state: The Motocross facility at Skelder Bank is highly regarded by the Governing Body as one of the top Motocross venues in the country. Brian Higgins, the Series Manager of the MAXXIS ACU British Motocross Championship, considered to be one of the best domestic championships in the world, confirms that the Skelder Bank venue is without doubt the best Motocross track in the North of England. Following the success of the club in recent years and the applicants exceeding their consent, permission is now sought to vary condition 5 of the original consent to allow an increase in the number of days in which Motocross events can be held. The club are currently permitted to operate for five days in any calendar year and now propose to include a further five taking the total up to ten days in any calendar year although fourteen is the limit stated in the permitted development provisions. Officers have negotiated with the applicant to reduce the number of days to ten days rather than fourteen and help lessen the net impact not only on the landscape but also on the amenities of nearby neighbouring residents. The club clarifies that they always undertake a litter clean up after every event. The access is the one that was upgraded to serve the facility. The club claims to have spoken to a number of local residents and objectors and are prepared to accept their recommendations of limiting the number of events to ten, to publish the dates of the events in advance (October/December for following year), to only have a single two day event in any month and have three week beaks between events especially in Summer. The applicant has confirmed that the club are willing to discuss a landscaping scheme in order to help screen the site more appropriately from the main road and this may also act as sound barrier to break up the noise of bikes and tannoy/announcements being carried from the site. Policy Context Main Issues Core Policy A of the NYM Local Development Framework seeks to further the National Park purposes and duties by encouraging a more sustainable future for the Park and its communities whilst conserving and enhancing the Park s special qualities. Core Policy A seeks to provide development in locations that is of a scale and level of activity that will not have an unacceptable impact on the wider landscape or the quiet enjoyment, peace and tranquillity of the Park, nor detract from the quality of life of local residents or the experience of visitors.

6 Page 5 List Number 1 Policy Context (continued) Core Policy H (Rural Economy) states that the rural economy will be strengthened and supported by providing local communities with a range of opportunities for entrepreneurship, education and training. This will be achieved through supporting the agricultural sector and opportunities for diversification or sustainable based tourism based on recreation activities and tourism development related to the understanding and enjoyment of the Park. Development Policy 14 seeks to ensure the quality of the tourism and recreation product in the National Park will be maintained and improved through adopting the principles of sustainable tourism. Amongst other criteria the policy states that the development will not generate an increased level of activity, including noise, which would be likely to detract from the experience of visitors and the quality of life of local residents. Permitted Development Schedule 2, Part 4, Class B of the Town and Country Planning (General Permitted Development) Order 1995 permits some temporary uses of land without the need for planning permission, it does permit a land owner to use farmland for motor car and motor cycle racing including trials of speed, and practising for these activities to take place for no more than fourteen days in any calendar year without the need to apply for permission. It appears that motor sport on this site was established several years ago under the permitted development provisions but it was during the course of the last planning permission to extend the existing facility together with improvements to the existing vehicular access track that the Authority gained planning control over the overall site. In view of highway and third party concerns the club subsequently accepted a five day allowance in the calendar year. This application is to vary that condition to allow a further five days over and above the existing five days to bring the total amount of days in any calendar year to ten. As the application relates solely to the variation of a condition the Authority can only consider the question of the condition subject to which the earlier planning permission was granted and should not be assessing whether the principle of the whole development is acceptable here. The main issue is whether the additional five days will have a detrimental impact on the landscape or nearby neighbouring residents. Landscape and Amenity Impact The proposal does not involve any alterations to the existing track and therefore the impact on the landscape is whether the increase in activity resulting from the additional days is over and above that which could be reasonably expected in the National Park. The increase in the activity at the application site and the surrounding area including public bridleways, public footpath and neighbouring residential amenity, particularly those closest to the development, is likely to result in some disruption to the quiet enjoyment, peace and tranquillity of the Park and impact on the quality of life of local residents and the experience of visitors. This is evident by the amount of third party concerns brought to Members attention. A landscaping scheme has been offered by the applicants and as such will be conditioned as part of any approval and this is considered necessary in order to lessen the impact of the development from public views. The track itself is visible from long range views. The landscaping scheme would provide additional planting and reinforcing of the broken hedge lines along the outer periphery of the application site to mitigate the existing impact of the course.

7 Page 6 List Number 1 Highway Safety It is estimated that a Motocross event at Skelder Bank could attract a crowd of 2400 spectators which inevitably means a significant increase in traffic in the area around Skelder Bank. The applicants have to comply with North Yorkshire Police guidelines for traffic management procedures involving public events. The views of the Highways Authority have been sought and it is hoped the comments will be received in time to report at the Meeting. Whilst the Authority considers the impact of the development is exacerbated by the provision and increase of vehicular activity which would ordinarily appear particularly intrusive within this rural environment, these are not deemed to be permanent fixtures and the site will be cleared at the end of each meeting thereby only having a temporary impact. If the significant increase in traffic is continued to be well managed then it is not considered that the proposal is unacceptable on highway safety grounds. Noise It is accepted that on some days the noise resulting from race meetings can be heard up to approximately 2 kilometres away in the villages of Newholm and Dunsley. The applicant has confirmed the level of noise is continually checked and monitored by their own device. The noise metre regularly tests bikes to ensure they meet the standards set by the World Governing Body. Organisers claim to exclude those bikes that do not meet the right decibel level. Impact on Neighbouring Residential Amenity Skelder Cottage and Skelder Farm are the closest properties to the application site and it is considered that the increase in the number of days will further increase the noise and disturbance on these properties. However, if the applicant has confirmed the club is willing to accept five days rather than nine and in view of this the Authority may struggle to find a justifiable reason for refusal on grounds of adverse impact on the residential amenity. Whilst it is noted that the sound of bikes and announcements on the tannoy system is often heard from the neighbouring villages Newholm and Dunsley these are considered to be at such a distance from the application that it would not give rise to such a detrimental impact. Planning Balance The applicants draw attention to the value of this facility to followers of this sport and claim the events add to the vitality of Whitby s visitor product and bring income to the local economy. The increase in the number of days to hold motor sporting events at Skelder Bank is likely to attract larger crowds which are considered to bolster the local economy but this should not be at the expense of the statutory purposes of the National Park.

8 Page 7 List Number 1 Planning Balance (continued) The two purposes of National Parks in England and Wales were originally stated in the 1949 National Parks and Access to the Countryside Act and were revised in the 1995 Environment Act and they are: - to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Parks and - to promote opportunities for the understanding and enjoyment of the special qualities of the Parks by the public. The recently published English National Parks Circular (March 2010) calls for a renewed focus on achieving these purposes and although it acknowledges that Parks contain a variety of landscapes capable of accommodating many different types of leisure activity it also states that: In light of research published in 2005, the Government recognised that not all forms of outdoor recreation are appropriate in each Park and that activities which would have an adverse impact on the Park s special qualities and other peoples enjoyment of then many need to be excluded. Motor sport activities are not generally held to be compatible with National Park designation. However, the time period over which the site is used is very small and a balance needs to be made between this form of recreation, its permitted development provisions and its impact on National Park purposes and local amenity. Officers have carefully considered the implications of the applicants request to increase the number of days and although there are concerns that this otherwise quiet location in the National Park will be subject to a certain degree of disruption it remains accepted that this use is limited and the number of days will remain controlled by the Authority. The variation to allow an increase in days would not have a lasting or significantly detrimental impact on the locality of the National Park. Summary Providing the Highway Authority is satisfied that the local road network is able to cope with the additional traffic burden, Officers consider that with continual monitoring of the site, no significant harm would accrue from varying the original condition to allow the facility to be used for up to a maximum of ten days in any calendar year. Reason for Approval The proposal would bolster the rural economy of this part of the National Park and Whitby whilst involving some temporary impact on the amenities of local residents. In view of the limited number of occasions when events take place the Local Planning Authority consider the balance lies in favour of approval. The proposal would therefore be in accordance with Core Policies A and H and Development Policy 14 of the NYM Local Development Framework.