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

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2.22.3 Circular guidance requires that such contributions are fairly <strong>and</strong><br />

reasonably related in scale <strong>and</strong> kind to the proposed development; are<br />

necessary to remedy any shortfalls or adverse impacts resulting from<br />

the proposed development; <strong>and</strong> are necessary to make the proposal<br />

acceptable in l<strong>and</strong> use planning terms.<br />

2.22.4 In terms of developer contributions then the “Approved Development<br />

Brief” for the wider site sets out a series of elements for consideration<br />

by the developers <strong>and</strong> the Council in progressing schemes for the site.<br />

2.22.5 The submitted S106 Heads of Terms refers to education, recycling, <strong>and</strong><br />

recreational open space provision. Affordable housing <strong>and</strong><br />

Recreational Open Space have been considered earlier in this report.<br />

Taking the other matters in turn.<br />

Education<br />

2.22.6 In terms of education matters then Policy SHB/1B (9) states that<br />

proposals must make provision for “appropriate community <strong>and</strong> smallscale<br />

local shopping facilities, including the reservation of l<strong>and</strong> for a<br />

new primary school”.<br />

2.22.7 Since the previous refusal on this site, the agents have submitted an<br />

application for change of use from agricultural to educational (use<br />

Class D1) <strong>and</strong> formation of new access road to Milford Road on l<strong>and</strong> to<br />

the southern edge of Athelston CP School <strong>and</strong> this would be<br />

transferred to North Yorkshire County Council upon occupation of the<br />

first dwelling which would be secured via a Section 106 agreement. In<br />

addition they have offered a contribution towards the enhancement of<br />

education facilities at Athelstan CP School which would be secured via<br />

the Section 106 agreement.<br />

2.22.8 North Yorkshire County Council have confirmed that they <strong>with</strong>draw their<br />

previous objections <strong>and</strong> this decision has been taken in the expectation<br />

of the future expansion of Athelstan CP School <strong>and</strong> following;<br />

1) Approval of the change of use application NY/2012/0171/COU for<br />

l<strong>and</strong> adjacent to the school site.<br />

2) Consideration of the local <strong>and</strong> national planning policies which<br />

would influence a future detailed planning application for development<br />

of the enlarged site including the National Planning Policy Framework.<br />

This is subject to developer contributions to secure education<br />

infrastructure, both l<strong>and</strong> <strong>and</strong> financial, via s.106 provision.<br />

2.22.9 As such the scheme is considered to accord <strong>with</strong> Criterion 3 of ENV1,<br />

Policy CS6 of the Local Plan <strong>and</strong> the Supplementary Planning<br />

Document (SPD) on Developer Contributions.<br />

152

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