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

2.8.10 Policy H2A was clear that the allocated Phase 2 sites would be
released after 2006 and only if monitoring showed a potential shortfall
in relation to the then current required annual delivery rate in the
regional spatial strategy. Annual monitoring did show a shortfall in
housing land supply and as such all Phase 2 sites were released and
the basis on which the limited number of housing on the Sherburn site
was released has now been overtaken by amended housing numbers
identified in the amended SADPD following the Examination in Public.
It is therefore the case that, applying the terms of the Local Plan, the
whole of the Phase 2 site is released and the proposals accord with
Policy H2A. The resolution of 13th September 2011 cannot be a
material consideration to which greater weight attaches than the Local
Plan (for the reasons set out above).
2.8.11 The Regional Spatial Strategy for Yorkshire and the Humber was
adopted in 2008 and set out a net housing requirement for 440
dwellings per annum and although this is the most appropriate housing
target on which to base current housing figures, this does not
supersede the figures set out and adopted in the Local Plan 2005.
2.8.12 Whilst it is noted that there is an intention to revoke the Regional
Spatial Strategy only moderate weight can be attached to this and
there is no conflict with the Regional Spatial Strategy Policies. The
proposals therefore comply with the Regional Spatial Strategy and the
Selby District Local Plan policies.
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.
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