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

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4. Prior to the commencement of the dwelling hereby approved, details of<br />

the materials to be used in the construction of the exterior walls <strong>and</strong><br />

roof(s) of the dwelling shall be submitted to <strong>and</strong> approved in writing by<br />

the Local Planning Authority, <strong>and</strong> only the approved materials shall be<br />

utilised.<br />

Reason:<br />

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 />

5. Prior to the commencement of development details of the means of site<br />

enclosure shall be submitted to <strong>and</strong> agreed in writing by the Local<br />

Planning Authority. The means of enclosure shall be constructed in<br />

accordance <strong>with</strong> the approved details prior to the development being<br />

brought into beneficial use <strong>and</strong> thereafter shall be maintained as such.<br />

Reason:<br />

To safeguard to the rights of control by the Local Planning Authority in<br />

the interests of amenity <strong>and</strong> in order to comply <strong>with</strong> Policy ENV1 of the<br />

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

3. Legal/Financial Controls <strong>and</strong> other Policy matters<br />

3.1 Legal Issues<br />

3.1.1 Planning Acts<br />

This application has been determined in accordance <strong>with</strong> the relevant<br />

planning acts.<br />

3.1.2 Human Rights Act 1998<br />

It is considered that although a decision made in accordance <strong>with</strong> this<br />

recommendation results in an interference <strong>with</strong> the applicant’s <strong>and</strong> his<br />

extended family’s homes <strong>and</strong> that Article 8 of the European Convention<br />

on Human Rights is engaged the recommendation made in this report<br />

is proportionate, taking into account the conflicting matters of public<br />

<strong>and</strong> private interest so that there is no violation of those rights.<br />

3.1.3 Equality Act 2010<br />

This application has been determined <strong>with</strong> regard to the Council’s<br />

duties <strong>and</strong> obligations under the Equality Act 2010. It is considered that<br />

the recommendation made in this report is proportionate taking into the<br />

conflicting matters of public <strong>and</strong> private interest so that there is no<br />

violation of those rights.<br />

3.2 Financial Issues<br />

Financial issues are not material to the determination of this<br />

application.<br />

280

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