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

2.6.2 Policy H2A of the Selby District Local Plan states that ’to ensure that
the annual house building requirement is achieved in a sustainable
manner, applications for residential development up to the end of 2006
will only be acceptable on previously developed sites and premises
within defined development limits, subject to the criteria in policies H6
and H7. It should be recognised that although Policy H2A refers to
2006 it was intended to restrict new housing on non-allocated sites to
previously-developed land for the life of the plan, it is therefore the
case that the proposal to develop this garden plot which does not
constitute previously developed land conflicts with this policy and,
therefore, also policy H6 of the Selby District Local Plan.
2.6.3 Local Plan policy H6 identifies South Milford as a village which, in
terms of sustainability, is capable of accommodating additional housing
development and indicates that, subject to it according with policy H2A
and meeting seven listed criteria, which are assessed in full detail later
in this report, residential development within its defined development
limits will be permitted.
2.6.4 The Local Plan predates the change of national planning policy, annex
2 of which provides a definition of what constitutes previously
developed land and states “previously-developed land is that which is
or was occupied by a permanent structure, including the curtilage of
the developed land and any associated fixed surface infrastructure.”
The definition goes on to state that it excludes land in built up areas
such as private residential gardens. The NPPF therefore indicates that
planning authorities should consider the case for setting out policies to
resist inappropriate development of residential gardens, for example
where development would cause harm to the local area.
2.6.5 As described above this site is undeveloped and therefore does not
constitute previously developed land in terms of the definition in Annex
2 of the NPPF. However, the NPPF is clear that such proposals would
be unacceptable where they cause harm to the local area. As such in
assessing the harm to the local area, despite the site being Greenfield,
given that the site forms a plot situated within the village development
limits, with residential development to either side, is proposed for a
small scale development of one dwelling it is considered that the
proposal would not cause harm to the local area and is therefore
acceptable in principle when balancing the requirements of the NPPF.
2.6.6 Having taken all of the above into account it is therefore concluded that
despite the proposals not being in accordance with Policy H2A, limited
weight should be attached to the non compliance with Policy H2A and
significant weight should be attached to, the proposals not causing
harm to the local area and compliance with the NPPF and as such the
proposals are considered acceptable in principle.
2.7 Design and Effect Upon the Character of the Area and Compliance
with Policy H15 of the Selby District Local Plan.
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