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 ...
To compare the Bilbrough ste with the previously developed site in Appleton Roebuck is unsound not only in terms of past use but also in relation to the impact on the character of the area and the amenity of adjoining occupiers. The observations submitted by Mr & Mrs Welsh and Mr & Mrs Hollier, both residents to the site, the Parish Council feels more than adequately provide grounds for consideration of refusal. The Parish Council also submits that in this particular instance The National Green Belt Policy relate to villages like Bilbrough washed over by Green Belt should be strictly adhered to in the consideration of this application. 1.4.2 North Yorkshire County Council Highways There are no objections subject to the following conditions: 1. Private Access/Verge Crossings: Construction Requirements 2. Visibility Splays 3. Provision of Approved Access, Turning and Parking Areas 4. Precautions to Prevent Mud on the Highway 5. On-site Parking, on-site Storage and construction traffic during Development 1.4.3 Yorkshire Water Services No objection subject to conditions 1.4.4 Ainsty (2008) Internal Drainage Board No response received. 1.5 Publicity 1.5.1 The application was advertised by site notice, neighbour notification letter and advertisement in the local newspaper resulting in four objections being received within the statutory consultation period outlining the following issues: 1. The building proposed is a house of disproportionate size placed at one side of an extensive plot of garden occupied in the main by Ravenscroft house. The current proposal is not in keeping with the properties either side of proposed development.. 2. It is understood that a single storey dwelling had some approval many years ago however that application has long since lapsed. It is understood that any new application, including this amended proposal falls under current legislation and fails on two counts a) it is a house and b) it contravenes current guidelines and law. This is a proposed 'Windfall Development' which is considered in planning terms as 'Garden Grabbing'. The site is not and has never been previously developed land by way of the definition outlined in PPS3. There is not and never has been a permanent structure on the land. This site is a 'residential garden' which has been annexed to pursue a 'Windfall development'. 3. In order to build any dwelling established hedges will have to be removed and a driveway exit /entrance will also have to be built. This will not only 314
damage the environment (flora and fauna) it will also be less pleasing to current residents in and around the proposed development site. 4. The gardens within the boundaries of Ravenscroft have many trees some of which carry a tree preservation order. The impact of a new dwelling to the size proposed will have a further negative impact upon the continued sustainability of the wooded garden 5. There is an immediate impact of overshadowing existing properties should a building be erected upon this land. The house placement will block sunrise and morning sunshine to properties to the right (Ravenscroft itself, and numbers 17 to 21 inclusive to some extent. It will completely overshadow in the afternoon the two properties to the left (single storey dwellings numbers 13 and 11). 6. The Council would regard another installation of a driveway at this location as questionable within Highways legislation and policy including management and application of Health and Safety obligations. 7. Bilbrough has the existence of bats and the erection of any dwelling will undoubtedly have a negative impact upon our environment and everything must be done to safeguard where possible. Before any planning consent is considered would like to see some environmental research in respect of this site please as once the environment is changed it is lost forever. 8. The Old Posts,12 Back Lane are extremely anxious that more buildings and hard landscaping areas on Back Lane, particularly on the more elevated south side, will create problems with water drainage at both 12 Back lane and also at other properties on the north side of Back Lane. 9. Limited infilling development is appropriate within the Green Belt and is identified within PPG2 as appropriate development. The appeal statement mentioned in the submitted report is considered earlier in this report. Whilst the statement considers the above factors, the statement fails to provide a clear concise and cogent case of very special circumstances and fails to demonstrate that very special circumstance exist that would clearly outweigh the substantial harm arising by the inappropriateness of the development. The statement itself also fails to mention very special circumstances at all. The proposal is therefore considered to be inappropriate development within the Green Belt, which is harmful by definition and should not be permitted unless there are very special circumstances to justify the development. It is for the applicant to demonstrate what - if any - very special circumstances exist to justify a proposal. Such circumstances have not been demonstrated in this case and therefore the development is contrary to the guidance contained in PPG2 and Policy GB2 of the Selby District Local Plan. 2. Report 2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 states "if regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise". The development plan for the Selby District comprises the policies in the Selby District Local Plan (adopted 315
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damage the environment (flora <strong>and</strong> fauna) it will also be less pleasing to<br />
current residents in <strong>and</strong> around the proposed development site.<br />
4. The gardens <strong>with</strong>in the boundaries of Ravenscroft have many trees some of<br />
which carry a tree preservation order. The impact of a new dwelling to the<br />
size proposed will have a further negative impact upon the continued<br />
sustainability of the wooded garden<br />
5. There is an immediate impact of overshadowing existing properties should a<br />
building be erected upon this l<strong>and</strong>. The house placement will block sunrise<br />
<strong>and</strong> morning sunshine to properties to the right (Ravenscroft itself, <strong>and</strong><br />
numbers 17 to 21 inclusive to some extent. It will completely overshadow in<br />
the afternoon the two properties to the left (single storey dwellings numbers<br />
13 <strong>and</strong> 11).<br />
6. The Council would regard another installation of a driveway at this location<br />
as questionable <strong>with</strong>in Highways legislation <strong>and</strong> policy including<br />
management <strong>and</strong> application of Health <strong>and</strong> Safety obligations.<br />
7. Bilbrough has the existence of bats <strong>and</strong> the erection of any dwelling will<br />
undoubtedly have a negative impact upon our environment <strong>and</strong> everything<br />
must be done to safeguard where possible. Before any planning consent is<br />
considered would like to see some environmental research in respect of this<br />
site please as once the environment is changed it is lost forever.<br />
8. The Old Posts,12 Back Lane are extremely anxious that more buildings <strong>and</strong><br />
hard l<strong>and</strong>scaping areas on Back Lane, particularly on the more elevated<br />
south side, will create problems <strong>with</strong> water drainage at both 12 Back lane<br />
<strong>and</strong> also at other properties on the north side of Back Lane.<br />
9. Limited infilling development is appropriate <strong>with</strong>in the Green Belt <strong>and</strong> is<br />
identified <strong>with</strong>in PPG2 as appropriate development. The appeal statement<br />
mentioned in the submitted report is considered earlier in this report. Whilst<br />
the statement considers the above factors, the statement fails to provide a<br />
clear concise <strong>and</strong> cogent case of very special circumstances <strong>and</strong> fails to<br />
demonstrate that very special circumstance exist that would clearly outweigh<br />
the substantial harm arising by the inappropriateness of the development.<br />
The statement itself also fails to mention very special circumstances at all.<br />
The proposal is therefore considered to be inappropriate development <strong>with</strong>in<br />
the Green Belt, which is harmful by definition <strong>and</strong> should not be permitted<br />
unless there are very special circumstances to justify the development. It is<br />
for the applicant to demonstrate what - if any - very special circumstances<br />
exist to justify a proposal. Such circumstances have not been demonstrated<br />
in this case <strong>and</strong> therefore the development is contrary to the guidance<br />
contained in PPG2 <strong>and</strong> Policy GB2 of the <strong>Selby</strong> <strong>District</strong> Local Plan.<br />
2. Report<br />
2.1 Section 38(6) of the Planning <strong>and</strong> Compulsory Purchase Act 2004 states "if regard<br />
is to be had to the development plan for the purpose of any determination to be<br />
made under the planning Acts the determination must be made in accordance <strong>with</strong><br />
the plan unless material considerations indicate otherwise". The development plan<br />
for the <strong>Selby</strong> <strong>District</strong> comprises the policies in the <strong>Selby</strong> <strong>District</strong> Local Plan (adopted<br />
315