1. Site Description 1.1 Skipton Auction Mart is located to the north west of town and outside the confines of the main settlement. It comprises a large modern, purpose built facility on land to the south west of the A629T Skipton By-Pass; but with vehicle access being gained via a driveway from Gargrave Road. The site contains a range of predominantly single storey buildings containing the Auction Ring; a large complex of covered and uncovered animal pens; parking for some 200 cars; and additional lorry and trailer parking. An access road encircles the site. 1.2 The application site relates to a range of covered pens situated to the west side of the main complex. 2. Proposal 2.1 Temporary permission (for three years) was granted in 2001 for a variation of the terms of the planning permission for the mart, to allow auction sales other than “livestock”. In particular to permit the occasional sales of motor vehicles related to farming (for eg. 4x4’s, quad bikes, light commercial vehicles etc). This was renewed in 2004. This application seeks to renew that permission again, but it is submitted that , in view of the two temporary previous permissions, this should now become a permanent approval. 2.2 As part of the original proposal the applicant stated “the operation would involve a little re-modelling of the pens and other divisions within the existing buildings. The long, southern, building would allow the vehicles to be displayed under cover on the day of the sale, those vehicles being driven into the northern building where the present auction ring will be adapted to allow vehicles to be driven through.” 3. Planning History 3.1 5/65/81 – Erection of abattoir, livestock auction mart and associated facilities; conditional permission, 3 February 1988. 3.2 5/65/81/A – Access road, car parking, offices, sales ring, canteen, covered pens, open pens, loading docks, lorry park, settlement tanks, sewer pumping station, manager’s house for auction mart. Reserved Matters approved 6 February 1989. 3.3 5/65/81/B – Erection of roofing over existing animal pens; approval 1 May 1995. 3.4 5/65/81/C – Alterations to existing offices; conditional approval 2 November 1995. 3.5 65/2001/948 – Variation of conditions to permit sales other than livestock, conditional approval 6 February 2001. 4. Planning Policy Background 4.1 PPG1 “General Policy and Principles”; PPG4 “Industrial and Commercial Development and Small Firms”; PPG6 “Town Centres and Retail Developments”; PPG7 “The Countryside: Environmental Quality and Economic and Social Development”. 4.2 Craven District Local Plan: Policy EN4 “Special Landscape Area”; R7 “Car Dealerships”. 5. Parish Council Comments 5.1 Stirton and Thorlby Parish Meeting: No comments received. 6. Consultations 6.1 North Yorkshire County Council (Highway Authority): recommend that permission be granted. A general observation is made that “problems with car park overspilling should be overcome by agreement in advance to use/sign Craven College parking and Craven Pool parking. 7. 7.1 8. Representations Skipton Town Council – No objection subject to the terms of the original agricultural covenant not being compromised and auctions to be conducted only by resident Skipton Auction Mart auctioneers. Summary of principle planning issues 8.1 Whether there have been any material changes in circumstances, since the granting of the previous permission, which might suggest the proposals would conflict with any development plan policy or otherwise form an inappropriate development at this location. 9. Analysis 9.1 The 1989 planning permission for the Auction Mart described the development as a “livestock” auction market. To avoid any general retail use becoming established on the site, planning conditions were attached to the permission to prevent the occupation of the buildings by any wholesale or retail supplier, other than those supplying specialist goods of an agricultural nature. Outside the planning permission the Council also placed a restrictive covenant on the sale of the land, preventing the site being developed for use other than an auction or agricultural. 9.2 Following the recent downturn in agricultural activity and the decline of its traditional business, the Auction Mart has permanent, covered accommodation, which is now considerably under-utilised. To broaden its business the Mart has sought some relaxation in the terms of the current planning permission to permit “the occasional sales of, primarily, motor vehicles.” These have been held as auctions on an, approximately, monthly basis and generally specialist in their nature so as to be of interest to the farming community. As envisaged sales have been generally held on the days when livestock sales were not taking place, usually weekends. Existing buildings, with some minor adaptations, have been utilised; and existing access and parking facilities on the site are available to users. In view of the potential for the uses to become more regular and of a more retail basis, a temporary permission for three years is again proposed. The request that this permission be made permanent is noted. Guidance in Circular 11/95 does indicate that temporary consents are an opportunity for the Local Planning Authority to assess the result of development. It is true that, so far, no adverse conditions have resulted from the operation of these auctions, but, mindful of the Council’s wider interest in this site and the recognition of the need to control the potential damage to the Town Centre retail trade, a temporary permission is again suggested. 9.3 It is not considered that the present character of use of the site has been significantly changed by the existing permission, and no harm to the retail character of the town centre has been created. The only issue of concern is the occasional over-spill of car parking. The site normally has adequate access and parking to cater for this type of activity, without any adverse effects on traffic safety or local amenity. However, one particular sale in the past created special interest and larger number of visitors. As was previously noted by the highway authority these problems can be mitigated by prior agreement to make available (and advance signpost) the nearby parking areas at Craven College and the Aireville Pool. 9.4 In conclusion, therefore, the proposal has had little physical impact on the site or its surroundings, and there has been no conflict with development plan policies aimed at protecting the town centre retail area. The restriction of the application to a small section of the existing premises, and the temporary nature of the proposal, continues to provide additional safeguards. Car parking capacity can be monitored and the highway authority is aware of measures to increase capacity should it be necessary for individual events. 10. Recommendation 10.1 Approval of the application, for a temporary period of three years, is recommended. 11. Summary of Conditions 11.1 The use hereby permitted shall be discontinued on or before 31 May 2010 and the site resort to the previously authorised uses. Reason – The premises are situated outside the development limits, as identified on the Saved Craven District (outside the Yorkshire Dales National park ) Local Plan and this site is not considered to be suitable for permanent sales. 11.2 NOTE the site shall only be used in accordance with the terms of the permission hereby granted and shall not be used for any other purpose including Class A 1 of the schedule to Town and Country Planning Use Classes (Amendment) Order 2005. 12 Reasons for refusal/approval 13 The proposed use of this site is considered to be ancillary to the present use of the wider site as an auction mart. The extension of these activities into those periods when the authorised use in not considered to be in conflict with appropriate policies of the Saved Craven District (outside the Yorkshire Dales National Park) Local Plan, provided that this use does not develop to a position where it would conflict with Policies R 1 and R 2 of that Local Plan. For this reason, the temporary permission is designed to keep this control.