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

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are in fact five Hawthorns <strong>and</strong> one Goat Willow, not six Hawthorns as stated<br />

therein).<br />

1.5 Publicity<br />

1.5.1 This application was advertised by neighbour notification letters, which were sent to<br />

23 neighbouring properties on the 14 th May 2012. A site notice was posted on the<br />

15 th May 2012.<br />

1.5.2 A total of 7 letters of objection have been received the content of which is<br />

summarised as follows:<br />

• Concern that the proposal will interfere <strong>with</strong> the peace <strong>and</strong> quiet currently enjoyed<br />

in the countryside as it could increase noise <strong>and</strong> smells in the area;<br />

• Disagreement that the trees to be removed are not worthy of retention - they are<br />

long established, healthy <strong>and</strong> TPO’d;<br />

• Loss of the trees would have a detrimental impact visually <strong>and</strong> ecologically in terms<br />

of the number of birds that nest there;<br />

• A package sewer treatment plant should not be used because it is cheaper;<br />

• In the past <strong>Selby</strong> <strong>District</strong> Council have viewed the embankment as an important<br />

feature, rejecting proposals that would result in its removal; there are a series of<br />

protected trees on the bank <strong>and</strong> it provides a wildlife haven as well as important<br />

screening between the application site <strong>and</strong> the properties on Browns Paddock<br />

• The embankment currently provides a haven for wildlife including bats <strong>and</strong> badgers;<br />

• The proposed location of the package sewer treatment plant is located too close to<br />

existing dwellings which is wholly unacceptable due to the smell created by them;<br />

• The occupiers of 33 Church Crescent were not notified of the application <strong>and</strong> were<br />

informed by a neighbour of the development.<br />

1.5.3 With regard to the final point relating to a notification letter not being received by 33<br />

Church Crescent, the Council’s system shows that a letter was sent to this<br />

neighbour at the same time other neighbouring occupiers were notified.<br />

2. The Report<br />

2.1 Section 38(6) of the Planning <strong>and</strong> Compulsory Purchase Act 2004 states "if regard<br />

is to be had to the development plan for the purpose of any determination to be<br />

made under the planning Acts the determination must be made in accordance <strong>with</strong><br />

the plan unless material considerations indicate otherwise". The development plan<br />

for the <strong>Selby</strong> <strong>District</strong> comprises the policies in the <strong>Selby</strong> <strong>District</strong> Local Plan (adopted<br />

on 8 February 2005) saved by the direction of the Secretary of State <strong>and</strong> the<br />

Regional Spatial Strategy for Yorkshire <strong>and</strong> the Humber (adopted 2008)<br />

2.2 <strong>Selby</strong> <strong>District</strong> Local Plan<br />

2.2.1 Please see note at start of agenda explaining the current status of the Local Plan<br />

The relevant <strong>Selby</strong> <strong>District</strong> Local Plan Policies are:<br />

Policy GB2:<br />

Policy GB4:<br />

Green Belt (Principle)<br />

Character <strong>and</strong> Amenity of the Green Belt<br />

244

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