| Conditions / Reason for Refusal: |
The Development Management Procedure Order 2015 requires that planning authorities provide written reasons in the decision notice for imposing planning conditions that require particular matters to be approved before development can start. Conditions numbered 03 of this permission require matters to be approved before development works begin; however, in this instance the conditions are justified because:
i. In the interests of the expedient determination of the application it was considered to be appropriate to reserve certain matters of detail for approval by planning condition rather than unnecessarily extending the application determination process to allow these matters of detail to be addressed pre-determination.
ii. The details required under condition numbers 03 are fundamental to the acceptability of the development and the nature of the further information required to satisfy these conditions is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below)
(Drawing numbers amended location plan, amended site plan, Dog Walking paddock, parking areas finalised (1) and (2), detailed overspill parking area 2)(received 01 March 2023, 31 May 2024, 12 June 2024, 24 September 2025).
Reason
To define the permission and for the avoidance of doubt.
Car parking surfacing materials
03
No development of the overspill parking area (car park 2), including any ground excavations, shall take place until a written scheme of development has been agreed in writing with Historic England detailing all excavation methods required along with agreed final surfacing materials. The development shall then be completed in accordance with the approved details and methods.
Reason
To minimise any future impact of the overspill parking area on any archaeological remains, the visual appearance on the nearby heritage assets and to protect the openness and character of the Green Belt in accordance with Local Plan Policies SP2 ‘Development in the Green Belt’ and SP42 ‘Archaeology and Scheduled Ancient Monuments’.
04
The car parking area for car park 2 shall not be hard surfaced and full details of the proposed materials to be used in its surface construction and any knee rail boundary demarcation shall be submitted to and approved in writing by the Local Planning Authority prior to its use.
Reason:
In the interest of the visual amenity of the locality and to protect the openness and character of the Green Belt in accordance with Local Plan Policies SP2 ‘Development in the Green Belt’
05
Within 3 months of the date of this permission, the car parking area shown on the submitted plan (ref parking areas finalised (1) and (2), detailed overspill parking area 2) shall be provided, marked out (car park one) and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
06
The site shall not be used for dog exercise and training other than between the hours 09:00hrs until 17:00hrs during British Wintertime and from 09:00hrs until 20:00hrs during British Summertime.
Reason
In the interest of neighbouring amenity.
Maximum number of dogs
07
The approved dog training and exercise ground hereby approved shall be operated with a maximum of 15 No. dogs within either Paddock at any one time. The overall application site shall be used by no more than 30 No. dogs at any one time. All use of the paddocks shall be through a pre-booked/ pre-arranged slot(s) with no speculative use by the public.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
Management Plan
08
All operations on site shall be carried out in accordance with the Risk Assessment & Management Plan (ref March 2024 and updated site plan September 2025). This document shall be complied with in full throughout the lifetime of the consent and shall be regularly reviewed and if necessary updated (with the written approval of the Local Planning Authority) to ensure it remains relevant and current. Where the Local Authority receives a complaint in relation to noise, then all documentation as required by the Risk Assessment & Management Plan shall be made available to authorised officers of the Authority for review.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
09
There shall be no external illumination of the site or any lighting columns installed.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
Informatives
The applicant is reminded that the proposed overspill car parking area no. 2 will also require scheduled monument consent along with this planning approval. The applicant is recommended to contact Historic England to apply for this through Yorkshire ePlanning e-yorks@HistoricEngland.org.uk; andrew.burn@historicengland.org.uk
The applicant is advised that car park two should be surfaced with a permeable and sensitive surface and shall not be hard surfaced. Full details of the proposed material must be submitted as required by condition 4.
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary to make the scheme acceptable. The applicant agreed to amend the scheme so that it was in accordance with the principles of the National Planning Policy Framework.
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