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

2.6.3 Local Plan policy H6 identifies Whitley 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 was formerly garden serving Fairwinds
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
2.7.1 Selby District Local Plan Policy ENV1(1) requires development to take
account of the effect upon the character of the area, with ENV1(4)
requiring the standard of layout, design and materials to respect the
site and its surroundings. Policy H6(1) also requires development to
ensure it is of a scale and design appropriate to the form and character
of the settlement and immediate locality. Significant weight should be
attached to these policies as they are broadly consistent with the aims
of the NPPF in terms of achieving quality design.
2.7.2 The NPPF paragraph 56 states the Government attaches great
importance to the design of the built environment. Good design is a key
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