Agenda and minutes

Apologies were received from Cllrs’ Raper and Maud.

Members to indicate whether they will be declaring any interests under the Code of Conduct.

Members making a declaration of interest at a meeting of a Committee or Council are required to disclose the existence and nature of that interest.  This requirement is not discharged by merely declaring a personal interest without further explanation.

Before the Chairman requested Members to make any declarations of interest he requested Anthony Winship, the Council Solicitor to explain what the declarations of interest are for the benefit of the audience.

The Council Solicitor advised Members of the Planning Committee and members of the public  that  the conduct of members of the planning committee is governed by two separate matters.

The first matter is the Members Code of Conduct which all members need to follow.

The second matter is the Common Law of England whereby decisions of the council can be subject to judicial review.

In relation to the first matter, namely the member’s code of conduct,  the Council Solicitor advised that the  fundamental principle of the member’s code of conduct is that Members must make decisions in the public interest and must not make decisions in accordance with outside interests.  So if any Member has a pecuniary, personal or personal and prejudicial interest they need to declare that at the meeting. Such interests  often arise if a Member has an interest in an outside body. 

The Council Solicitor further  advised that the fact that the application site is Council owned  land is not a declarable interest . The reason for this position is that declarations of interest are primarily concerned with external interests such as ownership of shares by a limited company or  other external interest . Declarations of interest are not normally  concerned with interests of the Council.

In relation to the second point the Council Solicitor advised  that Members are aware that the decisions of the Planning Committee  are subject to the supervisory jurisdiction of the High Court. The  Courts have set minimum quality control standards on local authority decision making.

The quality standard of decision making that judges of the High Court require of members includes  that Members have an open mind when making decisions. That means in the planning context that decisions are only made on planning grounds in accordance with material considerations and the relevant legislation.

The Council Solicitor also gave advice on  the point that the planning applications relate to land which is owned by the council – namely Wentworth Street Car Park.

The Council Solicitor advised that  Parliament has decided that planning committees can make decisions in relation to the development of land owned by councils .It was explained that there was a very good reason for that and that is that planning committee's need to make decisions on planning grounds and not on any other grounds such as financial benefit. There is also the safeguard that planning applications of the kind before Members tonight need to be notified to the Secretary of State . The Secretary of State may call in the planning application. 

The Council Solicitor also advised the Planning Committee that if any Member does not have an open mind and has pre-determined the matter they are advised not to participate in the determination of the application.

A failure to make a planning decision on planning  ...  view the full minutes text for item 211.

The Head of Planning & Housing submitted a list (previously circulated) of the applications for planning permission with recommendations there on.

The Committee considered reports relating to applications for planning permission prepared on behalf of the Head of Planning.

The Chairman advised  the Planning Committee that it was  being advised by experts who are specialists in retail planning from England and Lyle and  introduced the committee to:

(i) Dr John England, a Director of England and Lyle; and

(ii) Mr Gary Swarbrick, a Principal Planner for England and Lyle.

Public Speaking

Pursuant to Council Procedure Rule 35 of Part 4 of the Council’s Constitution, in relation to public rights in participation in planning applications, the Chairman allowed each of the following to give a three minute presentation.  Given the considerable public interest in the  two applications the Chairman allowed additional speakers for each category of speaker.

11/00927/MOUT

Erection of retail units (Use Class A1), Offices (Use Class B1), petrol filling station, car park and associated landscaping (Revised Details) – Car Park Wentworth Street, Malton, North Yorkshire

11/00919/FUL

Alterations to parking layout and landscaping of the eastern section (upper level) of Wentworth Street Car Park to include demolition of existing concrete sectional building – Land at Wentworth Street Car Park, Wentworth Street, Malton, North Yorkshire

11/00927/MOUT - Erection of retail units (Use Class A1), offices (Use Class B1), petrol filling station, car park and associated landscaping (Revised Details)

Dr John England presented the report to the Planning Committee and updated Members on late information.

Registered speakers were then afforded an opportunity of making representations to the Planning Committee under the District Councils Public Speaking arrangements.

Members of the Planning  Committee then proceeded to ask Officers and advisors questions on the planning application before moving into debate.

The Chairman then asked Councillor Burr to speak first as the District Councillor for the Malton Ward where the application site is located.

Councillor Burr moved refusal of the planning application on the following grounds :

(i)         The report produced cannot be relied on;

(ii)      Impact tests carried out by the applicant have not been sufficiently tested;

(ii)        The siting is in the wrong place and it would be detrimental to the town if this  application was passed;

(iii)       There is  a real risk of losing the Malton Livestock Centre;

(iv)      The access is not applicable;

(v)       The democratic view of residents has not been listened to;

(vi)      It will be detrimental to the environment; the economic viability and vibrancy of our town;

(vii)     The traffic impact report is unsound and unreliable and socially it could have a negative impact on jobs and businesses in the town.

(viii)    This site is wholly inappropriate for Malton.

The proposal to refuse was seconded by Councillor Walker.

At the conclusion of the debate three Members requested that a recorded vote be taken on the item.

Upon being put to the vote the Members of the Planning Committee cast their votes in the following way:

For

Councillors Mrs Burr, Richardson, Walker and Woodward.

Against

Councillors Arnold, Cussons, Mrs Goodrick, Hope,  Mrs Sanderson and Windress.

Abstensions

None

Upon the recorded vote being taken the proposal was therefore lost.

At this point the following Members of the Planning Committee left the Planning Committee:

Councillors Mrs Burr, Richardson, Walker and Woodward.

The Vice-Chairman adjourned the committee meeting for five minutes to allow the departing Planning Committee Members and members of the public to vacate the school hall.

On reconvening the Planning Committee meeting the Council Solicitor advised that if any Member proposed moving approval it was the Officer recommendation to add the following words to the recommendation :

“and subject to any need to advertise as a departure” prior to  the words “outline planning permission be granted.”

In response to a concern first raised during  the Committee  site inspection on the previous day and referred to at Committee about the route delivery vehicles would take to the application site the Planning Committee were advised by Gary Swarbrick  that the applicants had volunteered the following condition to deal  with this issue:

“Before the development hereby approved is brought in to use (including any stocking of the food store) the occupier of the development shall provide for approval by the Local Planning Authority a Delivery Management Scheme for  ...  view the full minutes text for item 213.

11/00919/FUL - Alterations to parking layout and landscaping of the eastern section (upper level) of Wentworth Street Car Park to include demolition of existing concrete sectional building.

Shaun Robson, the District Council’s Development Manager presented the report to the Planning Committee and advised Members of a correction to the report at paragraph 7.4.4 so that the final sentence should read:

“Specifically in relation to the impact of the development on the setting of the listed cemetery wall and mausoleum, it is considered that the development will have a neutral affect on their setting, which is already essentially urban in nature.”  

Registered speakers were then afforded an opportunity of making representations to the Planning Committee under the District Councils Public Speaking arrangements.

Councillor Cussons  moved approval of the planning application in accordance with the Officer’s recommendations.  The proposal was duly seconded by Councillor Arnold. 

Upon being put to the vote the Members of the Planning Committee cast their votes in the following way:

For

Councillors Arnold, Cussons, Mrs Goodrick, Hope, Mrs Sanderson and Windress.

Against

None.

Abstensions

None.

Upon the  vote being taken the proposal was carried unanimously .

RESOLVED

That the application be notified to the Secretary of State under the Town & Country Planning (Consultation) (England) Direction 2009 and that, consequent upon the Secretary of State deciding not to intervene and require that the planning application be referred to him, that the application be Approved subject to the conditions outlined in the report.

In accordance with the Members’ Code of Conduct Councillors Cussons, Windress, Hope, Mrs Goodrick, Mrs Sanderson, Mrs Burr, Woodward, Richardson, Walker and Arnold declared a personal non pecuniary but not prejudicial interest.