Minutes:
The following public question was submitted by Simon Thackray:
"In order to protect the health of the people of Ryedale, and the residents of Malton and Norton and Old Malton in particular, will this Council please give an assurance that it will not, either now or in the future, approve any development that is predicted to cause, or is likely to cause, the air quality within the Malton AQMA to breach, or continue to breach, the EU limit value for the concentration of Nitrogen Dioxide, and EU laws on air quality?"
The Chairman thanked Simon Thackray for his question and replied:
"The District Council cannot make a decision on a planning application before hearing all the facts.
The question is framed in a yes/no way . The answer to the question is that if the Planning Committee is satisfied that any proposed development causes demonstrable unacceptable harm in air quality terms which is supported by expert opinion, it is open to the Planning Committee to refuse the planning application.
The answer below describes how the planning system determines if proposed development causes unacceptable harm which justifies refusal.
It is by going through due process of determining a planning application having regard to all material planning considerations that the Planning Committee reaches a yes/no answer to a planning application by means of approval or refusal.
It is important at the outset to note that planning decisions are made:-
· on their merits;
· on planning grounds;
· by Members with an open mind and after considering all the evidence;
· in the public interest and not as a result of any private interest.
The Planning Committee cannot adopt a blanket policy of opposition to any matter related to a planning application before hearing the facts of the case.
The starting point in considering planning applications is planning policy at both the National level and the local plan level.
At the local level the Ryedale Plan contains policies on Air Quality issues.
In relation to air quality issues the Air Quality policies contained in the Ryedale Plan use the word ‘acceptable’ as the standard that proposed development needs to meet before it is approved .
Planning applications may include supporting evidence including technical impact assessments . The District Council receives expert advice on matters of air quality from suitably qualified and experienced environmental health officers and/or consultants.
The Planning Committee or a Planning Inspector on appeal can be faced with representations expressing the fears of residents on air quality issues and the expert evidence on the issue of air quality which may be contrary to the residents fears. The decision maker needs to decide what weight to give those representations in the decision making balance before reaching a decision.
In the High Court case of Trevett v. Secretary of State relating to a judicial review of three inspector’s decisions in Stroud, Mr Justice Sullivan, as he then was, gave advice to decision makers faced with this kind of situation in the context of telecommunication masts . The advice is summarised as follows :
It can be the case that the decision maker “considers that “greater weight” should be attached to the expertise of the organisations he identifies. I have underlined the word “greater” because it makes it plain that the decision maker is not dismissing the residents’ fears as being of no account whatsoever because they were not objectively justified, but concluding that they should be given lesser weight.”
The quote from Mr Justice Sullivan as he then was above emphasises the importance of expert advice in the decision making process. Residents and Town and Parish Councils need to be aware of that important fact of the decision making process.
Whether or not a planning application is refused on the grounds of unacceptable harm in air quality terms is ultimately a planning judgement to be made by Officers/Elected Members based on the expert evidence and other evidence presented to the Planning Committee."
Simon Thackray then asked a supplementary question:
"This Council has recently approved major development in Malton that will have a significant impact on air quality - it's unquestionable - more houses, more cars, more pollution. Therefore will the Council now request that an air quality assessment be submitted to support the live GMI Wentworth Street car park planning application, so the Council can confirm to itself and to the residents of Malton that the cumulative impact of all new developments when combined with the impact of the new supermarket and filling station on Wentworth Street car park will not have a negative effect, a negative impact on air quality and endanger the health of the public?"
The Chairman agreed that a written reply would be provided.
The following public question was submitted by Lorraine Allanson:
"Hydraulic Fracturing is highly likely to become a reality for Ryedale even though a number of councillors are at present opposed to the process. Many businesses and individuals in Ryedale are concerned that because of their negative stance the future benefits of playing a part in the supply chain could be lost. If Hydraulic Fracturing does develop in Ryedale this could offer many opportunities. Will councillors put aside their opposing political views to pull together for the betterment of Ryedale and work as a team to ensure that Ryedale responds quickly to the requirements of the gas industry?"
The Chairman thanked Lorraine Allanson for her question and replied:
"The legal position is that no fracking, or drilling for oil or gas , can take place without:
(a) Planning Permission, from the Minerals Planning Authority (in this case North Yorkshire County Council or the North York Moors National Park Authority); and
(b) Planning Permission for any ancillary related development which is a District matter from Ryedale District Council.
As the Mineral Planning Authority, North Yorkshire County Council must consult Ryedale District Council under Article 22 of the Town and Country Planning (Development Management Procedure)(England)Order 2010.
It is important to note that if any Member of Ryedale District Council is also a Member of North Yorkshire County Council and on the County Planning Committee, they are legally required to make planning decisions :-
· on their merits;
· on planning grounds;
· with an open mind and after considering all the evidence;
· in the public interest and not as a result of any private interest.
Any Member of the District Council Planning Committee dealing with ancillary fracking related development is bound by the above legal duties.
In relation to the District Council exercising its discretion to make a consultation response in relation to a fracking application, the decisions of the District Council and its Committees are subject to the normal public law principles. These principles include the requirement that power should not be exercised in an arbitrary way.
The District Council is subject to the common law principles which apply to all decision-making by local authorities, including the requirement to take a reasoned decision based upon all material information. When the District Council exercises its discretion it abuses its discretion if it takes into account irrelevant considerations or failing to take into account relevant considerations."