Agenda with Maps and Applications (21Mb) - pdf - Selby District ...

the Regional Spatial Strategy Policies. The proposals therefore comply
with the Regional Spatial Strategy and the Selby District Local Plan
policies as a whole.
2.8.13 Section 38(6) of the Planning and Compulsory Purchase Act 2004
states "if regard is to be had to the development plan for the purpose of
any determination to be made under the planning Acts the
determination must be made in accordance with the plan unless
material considerations indicate otherwise". On 27 March 2012 the
National Planning Policy Framework was adopted and this is a material
consideration in determining this application. Paragraph 215 of the
NPPF states that following the 12 month period (from the day of
publication) due weight should be given to relevant policies in existing
plans according to their degree of consistency with this framework (the
closer the policies in the plan to the policies in the Framework, the
greater the weight that may be given).
2.8.14 Paragraph 14 of the NPPF goes on to state that at the heart of the
National Planning Policy Framework is a presumption in favour of
sustainable development, which should be seen as a golden thread
running through both plan-making and decision taking and for decision
taking this means approving development proposals that accord with
the development plan without delay and where the development plan is
absent, silent or relevant policies are out-of date, granting permission
unless any adverse impacts of doing so would significantly and
demonstrably outweigh the benefits, when assessed against the
policies in the framework taken as a whole or where specific policies in
the framework indicate development should be restricted.
2.8.15 As stipulated above the proposals do not conflict with the development
plan and as set out in the previous reasons for refusal under
application 2011/0893/EIA it has not been demonstrated that the
adverse impacts of the proposals outweigh the benefits. The proposals
therefore accord with Paragraph 14 of the NPPF.
2.8.16 Paragraph 49 of the NPPF states that housing applications should be
considered in the context of the presumption in favour of sustainable
development. Relevant policies for the supply of housing should not be
considered up-to-date if the local planning authority cannot
demonstrate a five-year supply of deliverable housing sites. Policy
Officers have confirmed that the Council has a 5.57 year supply of
housing sites as at 1 March 2012.
2.8.17 As stated above the decision taken on 13 September 2011 Council
pre-dates the NPPF. The resolution is not policy as it is not subject to
consultation and there is no sustainability appraisal as such this
decision does not accord with policy H2A and is not consistent with the
Selby District Local Plan and very limited weight can be attached to
this.
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