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 ...
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 aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. 2.7.3 Paragraphs 60, 61 and 65 of the NPPF make it clear that decisions should not attempt to impose architectural styles or particular tastes and should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles, should address the connections between people and places and the integration of new development into the natural, built and historic environment and proposals should not be refused for buildings which promote high levels of sustainability because of concerns about incompatibility with an existing townscape, if those concerns have been mitigated by good design. 2.7.4 NPPF, Paragraph 200, states planning conditions should not be used to restrict permitted development rights unless there is clear justification to do so. 2.7.5 It should be noted that a dwelling on this plot has been approved by this Council twice once in 2000 and once in 2006. The most recent application was only refused due to non compliance with H2A. All other considerations including the impact on the character of the area were all considered to be acceptable. 2.7.6 The site is located between 2 residential properties, which are of a modern design comprising two storey, red brick detached properties. The site has previously had outline consent twice for the erection of one detached dwelling where it was considered that the proposal would not adversely affect the character of the area. It is considered that since the approval of the previous approvals that there has been no significant change in planning policy since the previous conclusions which would allow the council to come to a different conclusion. It is 304
therefore considered that in respect of the proposals impact on the character of the area that a dwelling of a suitable design and scale could be accommodated within the site. The proposal is therefore considered acceptable and inline with policy H6 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. 2.8.2 It should be noted that a dwelling on this plot has been approved by this Council twice once in 2000 and once in 2006. The most recent application was only refused due to non compliance with H2A. All other considerations including the impact on residential amenity were all considered to be acceptable. 2.8.3 The site has neighbouring properties to the west and east. These properties consist of two storey red brick detached properties. The elevation of the neighbouring property to the east contains only one window and is obscure glazed. The property at number 77 contains a secondary lounge window a further lounge window on this property is positioned on the front elevation. A first floor bedroom window is also in the elevation facing the site with another window serving this room in the rear elevation. 2.8.4 The principle of a dwelling on this site has previously been approved twice and it is considered that since these approvals that there has been no significant change in planning policy in respect of residential amenity which would lead to a different conclusion. It is considered that due to the nature of the windows some loss of light is considered to be acceptable as light to these rooms can be gained from the other windows which serve the property. As this application is only in outline form details such as overlooking overshadowing and issues of over dominance cannot be assessed in full and will be given further consideration at the reserved matters stage. It is considered that a dwelling of a suitable scale and design would not have an adverse effect on neighbouring residential amenity in accordance with policy ENV1 and H6 of the Selby District Local Plan. 2.9 Impact on Highway Safety 2.9.1 Policies ENV1 (2), H6 (3), T1 and T2 of the Local Plan require development to ensure that there is no detrimental impact on the existing highway network or parking arrangements. These Local Plan policies should be afforded significant weight as they are broadly consistent with the aims of the NPPF to foster good design. 305
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therefore considered that in respect of the proposals impact on the<br />
character of the area that a dwelling of a suitable design <strong>and</strong> scale<br />
could be accommodated <strong>with</strong>in the site. The proposal is therefore<br />
considered acceptable <strong>and</strong> inline <strong>with</strong> policy H6 of the <strong>Selby</strong> <strong>District</strong><br />
Local Plan.<br />
2.8 Impact on Residential Amenity<br />
2.8.1 Policies ENV1(1)of the Local Plan require development to take account<br />
of the effect upon the amenity of adjoining occupiers. Significant weight<br />
should be attached to these policies as they are broadly consistent <strong>with</strong><br />
the aims of the NPPF to protect residential amenity.<br />
2.8.2 It should be noted that a dwelling on this plot has been approved by<br />
this Council twice once in 2000 <strong>and</strong> once in 2006. The most recent<br />
application was only refused due to non compliance <strong>with</strong> H2A. All other<br />
considerations including the impact on residential amenity were all<br />
considered to be acceptable.<br />
2.8.3 The site has neighbouring properties to the west <strong>and</strong> east. These<br />
properties consist of two storey red brick detached properties. The<br />
elevation of the neighbouring property to the east contains only one<br />
window <strong>and</strong> is obscure glazed. The property at number 77 contains a<br />
secondary lounge window a further lounge window on this property is<br />
positioned on the front elevation. A first floor bedroom window is also in<br />
the elevation facing the site <strong>with</strong> another window serving this room in<br />
the rear elevation.<br />
2.8.4 The principle of a dwelling on this site has previously been approved<br />
twice <strong>and</strong> it is considered that since these approvals that there has<br />
been no significant change in planning policy in respect of residential<br />
amenity which would lead to a different conclusion. It is considered that<br />
due to the nature of the windows some loss of light is considered to be<br />
acceptable as light to these rooms can be gained from the other<br />
windows which serve the property. As this application is only in outline<br />
form details such as overlooking overshadowing <strong>and</strong> issues of over<br />
dominance cannot be assessed in full <strong>and</strong> will be given further<br />
consideration at the reserved matters stage. It is considered that a<br />
dwelling of a suitable scale <strong>and</strong> design would not have an adverse<br />
effect on neighbouring residential amenity in accordance <strong>with</strong> policy<br />
ENV1 <strong>and</strong> H6 of the <strong>Selby</strong> <strong>District</strong> Local Plan.<br />
2.9 Impact on Highway Safety<br />
2.9.1 Policies ENV1 (2), H6 (3), T1 <strong>and</strong> T2 of the Local Plan require<br />
development to ensure that there is no detrimental impact on the<br />
existing highway network or parking arrangements. These Local Plan<br />
policies should be afforded significant weight as they are broadly<br />
consistent <strong>with</strong> the aims of the NPPF to foster good design.<br />
305