Agenda with Maps and Applications (21Mb) - pdf - Selby District ...
Agenda with Maps and Applications (21Mb) - pdf - Selby District ... Agenda with Maps and Applications (21Mb) - pdf - Selby District ...
ecological survey did not consider this critical given that there are other buildings in the farm that are suitable nesting sites for swallows. With regards to the timing of demolition the report states that the buildings should be demolished between September and the end of February as this should avoid any disturbance to any nesting birds, something which is an offence under the Wildlife and Countryside Act 1981. 2.10.8 Having regard to the findings of the report, the advice given by The North Yorkshire Bat Group and the standing advice issued by Natural England it is not considered that the proposal will have a significant adverse impact upon biodiversity. Informatives will however be attached to advise the developer that demolition should take place when bats and birds are less likely to be using the buildings i.e. between March and September. 2.19.9 In this context it is considered that the proposed development is acceptable and in accordance with policies ENV 1 (5), H6(6) of the Local Plan and the advice contained within the NPPF. 2.11 Flood Risk and Drainage 2.11.1 Paragraph 100 of the NPPF states that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk. 2.11.2 Paragraph 103 of the NPPF states that when determining planning applications local planning authorities should ensure flood risk is not increased elsewhere. 2.11.3 The application site is located in Flood Zone 1 which is at low probability of flooding. 2.11.4 In terms of drainage the application states that foul sewage would be connected to the mains sewer, with surface water draining to a soakaway. A plan showing the drainage details has been submitted with the application, drawing ref LDS 2389/003. Yorkshire Water and the Internal Drainage Board have been consulted on the proposals but no comments have been received from either party. Notwithstanding this it is considered that a satisfactory drainage solution can be provided and consequently, it is recommended that a condition is attached requiring the submission of a scheme for the disposal of foul and surface waters within the site as this will ensure the scheme does not increase the risk of flooding in accordance with advice given in the NPPF. 2.12 Developer Contributions – 2.12.1 Policy CS6 of the Selby District Local Plan states that The District Council will expect developers to provide for, or contribute to, the provision of infrastructure and community facility needs that are directly related to a development, and to ensure that measures are incorporated to mitigate or minimise the consequences of that development. It advises that normally, these requirements will be imposed through conditions attached to the grant of planning permission. 2.12.2 According to the Developer Contributions SPD all new dwellings should be designed to accommodate refuse bins and recycling facilities, with developers 262
uilding 4 or more units being required to provide 2no. 240 litre wheelie bins and 2no. 55 litre recycling boxes per dwelling at their own cost. 2.12.3 Each dwelling would have a large residential curtilage with ample space to house 2no. 240 litre wheelie bins and 2no. 55 litre recycling boxes. It is therefore considered that adequate waste disposal and recycling facilities can be provided on site in positions where their introduction would not be harmful to either residential or visual amenity. In order to secure the provision of such facilities in accordance with paragraph 2.3.5 of the Council’s Developer Contributions SPD it is recommended that a condition be attached to ensure that the requisite bins and recycling boxes are provided by the developer prior to the occupation of any dwelling in accordance with a scheme to be submitted and agreed in writing by the Local Planning Authority. 2.13 Conclusion 2.13.1 The development of this site via the erection of 4 dwellings would be contrary to policy H2A of the Selby District Local Plan. However only limited weight should be afforded to policy H2A given its non conformity with the NPPF and consequently the scheme is considered to be acceptable in principle because it represents a sustainable form of development. 2.13.2 Having reviewed the scheme against the relevant local, regional and national policies the proposals are considered to be acceptable in respect of the design and effect upon the character of the area and its impact on highway safety, residential amenity and nature conservation is also considered to be acceptable. Furthermore the proposal would not be at risk of, or cause an increased risk of flooding elsewhere. 2.13.3 Consequently despite being contrary to policy H2A of the Development Plan there are material considerations that are of sufficient weight to outweigh this conflict and therefore planning permission is recommended subject to conditions. 2.14 Recommendation This application is recommended to be APPROVED subject to the following conditions: 01. The development for which permission is hereby granted shall be begun within a period of three years from the date of this permission. Reason: In order to comply with the provisions of Section 51 of the Planning and Compulsory Purchase Act 2004. 02. Prior to the commencement of the dwelling hereby approved, details of the materials to be used in the construction of the exterior walls and roof(s) of the dwelling shall be submitted to and approved in writing by the Local Planning Authority, and only the approved materials shall be utilised. Reason: In the interests of visual amenity and in order to comply with Policy ENV1 of the Selby District Local Plan. 263
- Page 211 and 212: granted subject to conditions to pr
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uilding 4 or more units being required to provide 2no. 240 litre wheelie bins <strong>and</strong><br />
2no. 55 litre recycling boxes per dwelling at their own cost.<br />
2.12.3 Each dwelling would have a large residential curtilage <strong>with</strong> ample space to house<br />
2no. 240 litre wheelie bins <strong>and</strong> 2no. 55 litre recycling boxes. It is therefore<br />
considered that adequate waste disposal <strong>and</strong> recycling facilities can be provided on<br />
site in positions where their introduction would not be harmful to either residential or<br />
visual amenity. In order to secure the provision of such facilities in accordance <strong>with</strong><br />
paragraph 2.3.5 of the Council’s Developer Contributions SPD it is recommended<br />
that a condition be attached to ensure that the requisite bins <strong>and</strong> recycling boxes<br />
are provided by the developer prior to the occupation of any dwelling in accordance<br />
<strong>with</strong> a scheme to be submitted <strong>and</strong> agreed in writing by the Local Planning<br />
Authority.<br />
2.13 Conclusion<br />
2.13.1 The development of this site via the erection of 4 dwellings would be contrary to<br />
policy H2A of the <strong>Selby</strong> <strong>District</strong> Local Plan. However only limited weight should be<br />
afforded to policy H2A given its non conformity <strong>with</strong> the NPPF <strong>and</strong> consequently the<br />
scheme is considered to be acceptable in principle because it represents a<br />
sustainable form of development.<br />
2.13.2 Having reviewed the scheme against the relevant local, regional <strong>and</strong> national<br />
policies the proposals are considered to be acceptable in respect of the design <strong>and</strong><br />
effect upon the character of the area <strong>and</strong> its impact on highway safety, residential<br />
amenity <strong>and</strong> nature conservation is also considered to be acceptable. Furthermore<br />
the proposal would not be at risk of, or cause an increased risk of flooding<br />
elsewhere.<br />
2.13.3 Consequently despite being contrary to policy H2A of the Development Plan there<br />
are material considerations that are of sufficient weight to outweigh this conflict <strong>and</strong><br />
therefore planning permission is recommended subject to conditions.<br />
2.14 Recommendation<br />
This application is recommended to be APPROVED subject to the following<br />
conditions:<br />
01. The development for which permission is hereby granted shall be begun<br />
<strong>with</strong>in a period of three years from the date of this permission.<br />
Reason: In order to comply <strong>with</strong> the provisions of Section 51 of the Planning<br />
<strong>and</strong> Compulsory Purchase Act 2004.<br />
02. Prior to the commencement of the dwelling hereby approved, details of the<br />
materials to be used in the construction of the exterior walls <strong>and</strong> roof(s) of<br />
the dwelling shall be submitted to <strong>and</strong> approved in writing by the Local<br />
Planning Authority, <strong>and</strong> only the approved materials shall be utilised.<br />
Reason: In the interests of visual amenity <strong>and</strong> in order to comply <strong>with</strong> Policy<br />
ENV1 of the <strong>Selby</strong> <strong>District</strong> Local Plan.<br />
263