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

the countryside is appropriate to a rural area is a matter of fact and
degree. Policy H15 states that proposals to extend the curtilage of
properties outside defined development limits will only be permitted if
there is no significant adverse effect on the character and appearance
of the surrounding countryside and the proposed means of enclosure
would be appropriate to the adjoining countryside. In this instance the
rear boundary of the site is consistent with the two properties either
side and would not be considered to extend any further into any area of
open land. In addition this area is to be utilised as garden which would
remain open in nature therefore subject to conditions in relation to
boundary treatments the proposals would not be considered to result in
any detrimental impact on the countryside in accordance with Policy
H15 of the Selby District Local Plan.
2.8 Impact on Residential Amenity
2.8.1 Policies ENV1(1)of the Local Plan require development to take account
of the effect upon the amenity of adjoining occupiers. Significant weight
should be attached to these policies as they are broadly consistent with
the aims of the NPPF to protect residential amenity. In the
consideration of the previous application the impact on the residential;
amenity of neighbouring properties was considered to be acceptable.
The positioning and design of the dwelling remains the same.
2.8.2 NPPF, Paragraph 200, states planning conditions should not be used
to restrict permitted development rights unless there is clear
justification to do so.
2.8.3 It should be noted that during the consideration of the previous
application the case officer considered that the proposal would result in
a satisfactory standard of amenity for both the proposed dwelling and
the neighbouring properties. The dwelling is proposed in the exact
same position as previously considered.
2.8.4 The site has neighbouring properties to the west and east. These
properties consist of two storey yellow brick semi detached properties.
Which are set in a continuous liner fashion.
2.8.5 The proposed dwelling would be set 0.9m forward of no. 29 and 2.5m
further back than no 29a, however provided permitted development
rights are removed for future rear extensions it is not considered that
this would result in a significant impact in terms of overshadowing or
created an oppressive outlook for neighbouring properties. The
neighbouring property at No. 29 contains a window at ground floor level
on its side gable, which serves a kitchen the proposed dwelling would
be located 1.6 metres from this window and as such the proposals
would create some overshadowing, however it is not considered that
the proposals would be so detrimental so as to have a significant
impact on the living conditions of the occupiers due to the room being
non-habitable.
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