Ground Clearance Activity on the Arla Site - UPDATE

Following our previous updates, I am writing to let residents know that the NYC Planning Enforcement team have investigated the work that has been taking place on the private land belonging to Arla, which is subject to a still, as yet undecided planning application. As you can see below – from NYC in planning terms, there are no breaches of planning control with what has taken place.

The wording of the enforcement officer’s response to us is copied below – verbatim:

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The site is that identified in planning application ZB25/01064/FUL received on 03/06/2025, for the proposed development of 50 residential dwellings (Use Class C3) and care home (Use Class C2) with associated access, landscaping, public open space, and allotments (as amended) and still under consideration.

The site falls just outside of the Romanby Conservation Area (adopted 21/04/1987) which is to the southwest and there are no Tree Preservation Orders on the site.

A Planning Enforcement Officer visited the site on Wednesday 11/03/26; there has been some tree felling and removal of trees and bushes of various sizes including larger trees.

This tree felling work is not in breach of planning control as the site does not lie in the conservation area (which affords protection to trees), and the trees were not protected by Tree Preservation Orders. No development of the site has taken place. The removal of trees and shrubs would not constitute commencement of development as no building work or engineering works have taken place. The removal of trees and shrubs is not classed as development, and does not require the benefit of planning permission, therefore, no breach of planning control has taken place. Enforcement officers will continue to regularly monitor the site as to whether any development commences / takes place.

Tree felling is carried out between October to March when the trees are dormant. Companies licenced to fell trees are licenced by the Forestry Commission – this is not regulated by Planning Legislation.

Bird nesting season – The main bird nesting season in the UK runs from March to September, with the peak, most active, and officially recognized period for protecting nests being 1 March to 31 July/August. During this time, it is illegal under the Wildlife & Countryside Act 1981 to damage or destroy active nests. The Wildlife and Countryside Act 1981 is primarily enforced by the police, particularly through specialized Wildlife Crime Officers (WCOs) and the National Wildlife Crime Unit (NWCU). The Planning Enforcement team are not responsible for enforcing the Wildlife and Countryside Act 1981 other than where this may breach specific planning permissions or conditions. If you have concerns regarding the potential for damage to active nests, I recommend that you contact the Police on 101.

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We (RPC) have also been told the following by the developer (Lovell Homes) – which has also appeared in various press releases over the last few days which residents may well have seen – again – verbatim:

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These works are being carried out under a licence agreement with Arla Foods Ltd, who are landowners, and who have given their full permission and consent for the works to be undertaken on their land. No planning permission is required for these works to be carried out.

The licence agreement between Arla Foods and Lovell is a confidential document between the two parties, and it is not a requirement to provide it to the Council.

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So, as you can see, the work being undertaken at present is consensual work on private land between the landowner and developers/sub-contractors, over which we (RPC) and you (residents) have no say/input – standfast our request for it to be investigated - that has been done by NYC Planning and they are content and will continue to monitor ahead of any planning applications decisions. Any resident who has evidence of damage to active nests from the work already completed on the site, should contact NY Police on 101 as recommended by the enforcement officer – we (RPC) do not have this information.

We (RPC) do not know, but of course there may well be other similar activity on the site that will take place under that licence agreement in the coming weeks, ahead of any planning decision – that is clearly private business between Arla/Lovell Homes and sub-contractors, and we will continue to monitor in our role of statutory consultee in the planning process.

Whatever your comments/views on the application - object/support/neutral – we strongly encourage formal engagement with the planning process in the proper way– it is the official and best way to get your opinion across. Complaints/abuse directed towards contractors on site (regrettably this did happen), serve no purpose whatsoever in this important process and are unkind, and completely uncalled for.

And on that note, the consultation period has been extended, so residents can again comment on the planning application (ZB25/01064/FUL) on the NYC planning portal – the new deadline for comments is now Friday 3rd April 2026. Please engage with the process!!

More of course, as we get it,

Best wishes,

Stuart Bradnam, Chairman, RPC

On behalf of your Parish Council Team.