Green Belt Local Plan approval and interim Green Belt Bounday Approvals

Chris Wedgwood made this Freedom of Information request to North Yorkshire County Council

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Dear North Yorkshire County Council,

Before handing over the administration of the York Green Belt to York City Council (CYC), North Yorkshire County Council (NYCC) was the local authority that dealt with planning matters relating to the Green Belt in York.

NYCC embarked upon a cross-area Green Belt Local Plan that included all of the other adjacent areas which have a portion of the York Green Belt in their district.

This plan was the subject of public consultation and was found sound and capable of adoption by the Planning Inspector, however jurisdiction for the Green Belt around York passed to York City Council and they did not adopt the Green Belt Local plan.

I believe that the Green Belt Local Plan was created round about 1991 and the final plan with revisions was published in 1995. I have seen a copy of the latter.

My understanding is that the Green Belt boundaries in this plan have been used by the other Local Authorities as the basis for the Green Belt Boundaries in their (Now adopted) Local Plans, with the exception of City of York Council.

The questions that I need to answer are 2 fold:

a) Did North Yorkshire County Council ever approve (any version) of The Green Belt Local Plan for planning management purposes?

(Request):
Please will you provide me with a copy of any document that you have that shows that NYCC(or CYC) did approve (any version of) the Green Belt Local Plan for planning management purposes .

and

b) Did North Yorkshire County Council approve the Green Belt boundaries in (any version of) the Green Belt Local Plan as 'Interim Green Belt boundaries' (or words to that effect)?

(Request):
Please will you provide me with a copy of any document that you have that shows that NYCC (or CYC) did approve the Green Belt boundaries in (any version of) The Green Belt Local Plan as Interim Green Belt Boundaries (or words to that effect).

Thank you.

Yours faithfully,

Chris Wedgwood

Infogov - Veritau, North Yorkshire County Council

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North Yorkshire County Council.

Anita Walls, North Yorkshire County Council

1 Attachment

Dear Mr Wedgwood,

 

Thank you for your Freedom of Information request dated 29 May 2021 and
please see the response to your query below.

 

a.     Did North Yorkshire County Council ever approve (any version) of
The Green Belt Local Plan for planning management purposes?

 

·        North Yorkshire Green Belts were adopted within the North
Yorkshire County Structure Plan, which was adopted in October 1995.  The
relevant policies were E8 to E10 and the areas were shown on the Key
Diagram.

 

·        Due to the age of the Structure Plan there is no paper copy of
the Structure Plan available to send you, however I note that a scanned
copy of the document is available to view on Selby District Council’s
website using the following link:

[1]https://www.google.com/url?sa=t&rct=...

 

b.     Did North Yorkshire County Council approve the Green Belt
boundaries in (any version of) the Green Belt Local Plan as 'Interim Green
Belt boundaries' (or words to that effect)?

 

·        Structure Plan Policy E8 (iii) mentions there being areas
previously approved by the Secretary of State as Green Belt (some on an
interim basis).

 

·        Structure Plan Policy E8a referred to the ‘defining of the
precise boundaries of the green belt in local plans…’, and as at today,
boundaries are shown within their policy documents by the following
authorities: Craven District Council, Hambleton District Council,
Harrogate Borough Council, Ryedale District Council and Selby District
Council.  These can be viewed on the relevant policy map within the
planning sections of their respective websites with regards to their
adopted policy, and, where applicable, with regards to emerging local plan
policies.

 

North Yorkshire County Council has prepared with the City of York Council
and the North York Moors National Park Authority a Minerals and Waste
Joint Plan and this document is within the examination period at present
and the Green Belt boundaries can be viewed on an Interactive Map on the
County Council’s website using the following link: [2]Spectrum Spatial
Analyst (northyorks.gov.uk) and clicking on the check box regarding D05.

 

Please note that The City of York has been a unitary authority since
1996.  Therefore, any queries regarding the Green Belt in respect of land
within the City of York unitary boundary should be directed to that
authority.

 

Kind regards

Anita Walls

 

 

 

 

 

From: Chris Wedgwood
Sent: 29 May 2021 14:27
To: "Infogov - Veritau" <[3][email address]>,
"[4][email address]"
<[5][email address]>
Subject: Freedom of Information request - Green Belt Local Plan approval
and interim Green Belt Bounday Approvals

This email originated from outside of the organisation. Do not click links
or open attachments unless you recognise the sender and know the content
is safe.

Dear North Yorkshire County Council,

Before handing over the administration of the York Green Belt to York City
Council (CYC), North Yorkshire County Council (NYCC) was the local
authority that dealt with planning matters relating to the Green Belt in
York.

NYCC embarked upon a cross-area Green Belt Local Plan that included all of
the other adjacent areas which have a portion of the York Green Belt in
their district.

This plan was the subject of public consultation and was found sound and
capable of adoption by the Planning Inspector, however jurisdiction for
the Green Belt around York passed to York City Council and they did not
adopt the Green Belt Local plan.

I believe that the Green Belt Local Plan was created round about 1991 and
the final plan with revisions was published in 1995. I have seen a copy of
the latter.

My understanding is that the Green Belt boundaries in this plan have been
used by the other Local Authorities as the basis for the Green Belt
Boundaries in their (Now adopted) Local Plans, with the exception of City
of York Council.

The questions that I need to answer are 2 fold:

a) Did North Yorkshire County Council ever approve (any version) of The
Green Belt Local Plan for planning management purposes?

(Request):

Please will you provide me with a copy of any document that you have that
shows that NYCC(or CYC) did approve (any version of) the Green Belt Local
Plan for planning management purposes .

and

b) Did North Yorkshire County Council approve the Green Belt boundaries in
(any version of) the Green Belt Local Plan as 'Interim Green Belt
boundaries' (or words to that effect)?

(Request):

Please will you provide me with a copy of any document that you have that
shows that NYCC (or CYC) did approve the Green Belt boundaries in (any
version of) The Green Belt Local Plan as Interim Green Belt Boundaries (or
words to that effect).

Thank you.

Yours faithfully,

Chris Wedgwood

show quoted sections

Dear Anita Walls,

Thank you for your reply, however my question relates to the unadopted Green Belt Local Plan that was produced(approximately between 1991 and 1996), not to the adopted North Yorkshire County Structure Plan(NYCSP) (which is a Regional Plan not a Local Plan).

I have seen the NYCSP and am aware of the key diagram and policies of that document(which have now been superseded by the RSS upon it's adoption in 2008).

This is not the Local Plan that my question related to.

Green Belts are created by a 2 step process in which Regional Plans define the General Extent of the Green Belt and Local Plans define the Green Belt boundaries. The NYCSP therefore did not define the boundaries of the Green Belt and that activity falls to a Local Plan. The Green Belt Local Plan did define draft Green Belt boundaries.

The Green Belt Local Plan was subjected to a Public Inquiry by the Planning Inspector and found to be sound and capable of adoption, but was not adopted.

I would like to establish if you hold any documents that show that the boundaries in that draft Green Belt Local Plan were approved for use for planning management purposes and any documents that show if they were approved as interim Green Belt Boundaries by NYCC or CYC.

I appreciate that CYC are a different Local Authority but if in the course of the handover of jurisdiction if you have acquired any documents that pertain to their handling of this matter of Green Belt then it pertinent to ask you to supply them also. I am only asking you to supply documents in your possession. Which I believe I am entitled to do under FOI. Whilst I could create another FOI to ask CYC what documents they hold, I do not believe that this should prevent me asking you to supply documents which you hold even where it relates to their activities(They may no longer hold a copy but you may still have it). If this is incorrect please direct me to the passage in the FOI legislation to support your claim that this information is exempt.

Please will you supply the information asked for in my original FOI request.

Yours sincerely,

Chris Wedgwood

Anita Walls, North Yorkshire County Council

Dear Chris

Thank you for your further email below, I have forwarded this to the team for a further response which we will get to you as soon as possible.

Kind regards
Anita

OFFICIAL - SENSITIVE

show quoted sections

Bes Contactus, North Yorkshire County Council

1 Attachment

Dear Mr Wedgwood,

Further to your email of 16 June regarding a 'Green Belt Local Plan' produced by North Yorkshire County Council, a search has been undertaken by a member of the Planning Services team of records held.

There is no documentation held that indicates that the boundaries in that the draft Green Belt Local Plan were ever approved for use for planning management purposes by the County Council nor is there any evidence that the boundaries in that the draft Green Belt Local Plan were approved as interim Green Belt Boundaries by North Yorkshire County Council, or indeed, the City of York Council.

With regards to The Regional Strategy for Yorkshire and Humber (2008), you are likely to be already aware that this RSS was partially revoked by Statutory Instrument 2013 No.117, with the exception that under 2(1) of that Order, '(a) the policies of the RSS set out in the Schedule to this Order ("the RSS York Green Belt policies"); and (b) the Key Diagram of the RSS insofar as it illustrates the RSS York Green Belt policies and the general extent of the Green Belt around the City of York'.

Kind regards
Anita Walls

OFFICIAL - SENSITIVE

show quoted sections

Dear Bes Contactus,

Thank you for your reply.

This is quite surprising.
I have now found secondary references to these things having been done. (below).

I appreciate that you say you have no record of the Green Belt Boundaries in the Green Belt Local Plan ever having been either;

a) Approved for planning management purposes, or
b) Approved as Interim Green Belt boundaries,

by NYCC or CYC.

It would be helpful for clarity if it could be established if you have no record of these things because:
a) They never happened(in which case these secondary sources are wrong) or
b) You do not have any records of the April 1995 NYCC meeting in which they were approved.

It is odd that there are several accounts from other LA's of these things having been done if they never were!

https://www.harrogate.gov.uk/downloads/f...

2.4 on page 1:

"The detailed Green Belt boundary was defined through the county council's York Green Belt Local Plan. This was approved as interim policy for the purposes of development control in 1995 and it was expected the Green Belt would be formally established through the preparation of individual district wide local plans, including the definition of outer boundaries (Harrogate Local Plan, 2001)"

https://www.selby.gov.uk/sites/default/f...

3.13 on page 19
"Interim Green Belt boundaries were approved by the County Council in respect of the York Green Belt in April 1995, following a Public Local Inquiry and after consideration of representations to published Modifications. The Green Belt boundaries are expected to be formally established through the preparation of individual district-wide Local Plans."

Yours sincerely,

Chris Wedgwood

Dear Bes Contactus,

Just for the avoidance of confusion; I'm going to identify my last request as asking for clarity in that the secondary information now points to this having been done in a meeting of NYCC in April 1995.

So I am asking you to double check that your reply had correctly considered documentation of council meetings in April 1995 as it would seem it was done then, and confirm that you do not have those records.

Yours sincerely,

Chris Wedgwood

Planning Control, North Yorkshire County Council

7 Attachments

Dear Mr Wedgwood,

 

Further to the above FOI request regarding the Green Belt Local Plan or
York Green Belt Local Plan, and responses provided to you by Anita Walls
on behalf of Bes Contactus, the North Yorkshire County Record Office has
undertaken a search of records that they hold and located documents.

 

A search within the North Yorkshire County Council minutes for 17 May
1995, the first full meeting following March 1995, identified details of
the York Green Belt Local Plan within the Reports from the County Planning
Committee (Item 3). Using the details in the report, a further search in
the County Planning Committee minutes for 31 March 1995 identified a
minute relating to the York Green Belt Local Plan (Item 334) and a number
of supporting papers.

 

These reports have been scanned and provided and are attached to this
email

 

-       NYCC Minutes 17 May 1995

-       County Planning Committee Minutes 31 Mar 1995

-       County Planning Committee-York Green Belt Report 31 Mar 1995

-       County Planning Committee-York Green Belt Report 31 Mar
1995-Appendix 1

-       County Planning Committee-York Green Belt Report 31 Mar
1995-Appendix 2 (Map1)

-       County Planning Committee-York Green Belt Report 31 Mar
1995-Appendix 2 (Map2-29)

-       County Planning Committee-York Green Belt Report 31 Mar
1995-Appendix 3-4

 

The Record Office email is: [1][email address]

 

I trust this is helpful.

 

Yours sincerely

 

Miss Rachel Pillar

Senior Planner

Planning Services

Growth, Planning and Trading Standards

North Yorkshire County Council

County Hall        

Northallerton

DL7 8AH

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North Yorkshire County Council’s computer systems and communications may be monitored to ensure effective operation of the system and for other lawful purposes. All GCSX traffic may be subject to recording and/or monitoring in accordance with relevant legislation.

Although we have endeavoured to ensure that this e-mail and any attachments are free from any virus we would advise you to take any necessary steps to ensure that they are actually virus free.

If you receive an automatic response stating that the recipient is away from the office and you wish to request information under either the Freedom of Information Act, the Data Protection Act or the Environmental Information Regulations please forward your request by e-mail to the Information Governance Team ([North Yorkshire County Council request email]) who will process your request.

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Dear Rachel/Anita,

That's great!
Thank you for your help in locating these documents.

Yours sincerely,

Chris Wedgwood