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 ...
“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. 2.9.5 The application site is located on residential curtliage and 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 and 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. 2.9.6 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 site being identified as a village capable of accommodating additional growth the proposals not causing harm to the local area in accordance with the NPPF. 2.10 The principle of a dwelling in the Green Belt 2.10.1 In The decision making process when considering proposals for development in the Green Belt is in three stages, and is as follows:- a b c It must be determined whether the development is appropriate or inappropriate development in the Green Belt. If the development is appropriate, the application should be determined on its own merits. If the development is inappropriate, the presumption against inappropriate development in the Green Belt applies and the development should not be permitted unless there are very special circumstances which outweigh the presumption against it. 2.10.2 Paragraph 87 states that “as with previous Green Belt policy, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances”. Paragraph 88 states that “When considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations”. 2.10.3 Policy GB2 (2) of the Local Plan allows for "Small-scale residential development and infilling within the defined development limits of settlements”. Paragraph 89 of the NPPF states that “A local planning authority should regard the construction of 318
new buildings as inappropriate in Green Belt. Exceptions to this are: “limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan”. Policy GB2 (2) therefore conflicts with the advice in the NPPF and more weight should be afforded to the contents of the NPPF 2.10.4 In appeal reference APP/N2739/1/10/2129969 the inspector considered that 'the previous inspector took the view that infilling is the filling of a small gap in an otherwise built up frontage and whether something is small scale depends on the context provided by other properties in the vicinity. I accord with those views' 2.10.5 Turning to the proposed development it is considered that the development would represent filling of a small gap in an otherwise built up frontage and the site is situated within the defined development limits of Bilbrough. The proposed scheme is for detached dwelling in residential curtilage which is located in between Ravenscroft 15 Back Lane (the host property) and the neighbouring property of 11 Back in a linear manner. As the proposed scheme is for one dwelling located between to two existing dwellings the proposed dwelling is considered to be in both absolute and contextual terms limited and small scale residential development. The proposed scheme is therefore considered to be appropriate development within the Green Belt as it accords GB2 (4) of the Selby District Local Plan and paragraph 89 of the NPPF. It is recommended to impose a condition to remove permitted development rights for any new garage, outbuildings and extension to protect the reason for including land in the Green Belt and to protect the openness of the Green Belt. 2.10.3 Assessment of Harm from the Proposed Development 2.10.4 In order to assess whether the proposal would result in any other harm it is important to undertake the ‘normal tests’ applied to any planning submission. The key issues in this respect are considered to be: 4. Visual impact on the green belt 5. Design and effect upon the character of the conservation area 6. Comprehensive development of land, backland and tandem development 7. Flood risk, drainage and climate change 8. Impact on highways 9. Residential amenity 10. Impact on Nature Conservation and Protected Species 11. Assessment of Harm from the Proposed Development 12. Case for Very Special Circumstances 2.11 Visual impact on the green belt 2.11.1 Policy GB4 requires development which are conspicuous from an area of Green Belt, will only be permitted where the scale, location, materials and design of any building or structure, or the laying out and use of land, would not detract from the open character and visual amenity of the Green Belt, or the form and character of any settlement within it”. 2.11.2 It is considered that by virtue of its location within a residential area with similar types of building and its size and massing the proposed dwelling would not have a significant harm to the Green Belt. The proposal would not be viewed in isolation 319
- Page 267 and 268: 4. Conclusion 4.1 As stated in the
- Page 269 and 270: 269
- Page 271 and 272: This planning application is recomm
- Page 273 and 274: • Policy YH1: Overall approach an
- Page 275 and 276: 2.7.1 Selby District Local Plan Pol
- Page 277 and 278: 2.8.6 The rear elevation of the dwe
- Page 279 and 280: 1. The development for which permis
- Page 281 and 282: 4 Conclusion As stated in the main
- Page 283 and 284: 283
- Page 285 and 286: This planning application is recomm
- Page 287 and 288: Please see note at start of agenda
- Page 289 and 290: 2.6.3 Local Plan policy H6 identifi
- Page 291 and 292: should be attached to these policie
- Page 293 and 294: 2.12.2 Having assessed the proposal
- Page 295 and 296: 3.1.2 Human Rights Act 1998 It is c
- Page 297 and 298: 297
- Page 299 and 300: This planning application is recomm
- Page 301 and 302: • The proposal places a property
- Page 303 and 304: 2.6.1 Policies YH1 and H1 of the Re
- Page 305 and 306: therefore considered that in respec
- Page 307 and 308: 2.11.3 The application site is loca
- Page 309 and 310: is proportionate, taking into accou
- Page 311 and 312: 311
- Page 313 and 314: Policies YH1, YH2, YH7, YH8, YH9, E
- Page 315 and 316: damage the environment (flora and f
- Page 317: 3. The principle of a dwelling in t
- Page 321 and 322: have detrimental adverse affect on
- Page 323 and 324: 2.15.2 The NPPF paragraph 94 states
- Page 325 and 326: 2.21.2 The proposed developed is th
- Page 327 and 328: access) until splays are provided g
- Page 329 and 330: 329
- Page 331 and 332: Report Reference Number 2012/0479/F
- Page 333 and 334: 1.3.5 An application for conservati
- Page 335 and 336: 8. Nature conservation and protecte
- Page 337 and 338: 2.9.7 NPPF, Paragraph 200, states p
- Page 339 and 340: 2.12.2 The NPPF paragraph 94 states
- Page 341 and 342: the demolition and construction pha
- Page 343 and 344: INFORMATIVE: An explanation of the
- Page 345 and 346: 3.1.2 Human Rights Act 1998 It is c
- Page 347 and 348: Report Reference Number 2012/0443/F
- Page 349 and 350: edrooms in the care home accommodat
- Page 351 and 352: 1.4.8 Yorkshire Wildlife Trust The
- Page 353 and 354: 2.8.3 The Local Planning Authority
- Page 355 and 356: It is therefore concluded that the
- Page 357 and 358: uildings shall be occupied or broug
- Page 359 and 360: APPENDIX 1 The Town and Country Pla
- Page 361 and 362: Sustainability Given that the propo
- Page 363 and 364: covering being artificial slate. Th
- Page 365 and 366: COUNTY ECOLOGIST It is recommended
- Page 367 and 368: ASSESSMENT The principal issues to
new buildings as inappropriate in Green Belt. Exceptions to this are: “limited infilling<br />
in villages, <strong>and</strong> limited affordable housing for local community needs under policies<br />
set out in the Local Plan”. Policy GB2 (2) therefore conflicts <strong>with</strong> the advice in the<br />
NPPF <strong>and</strong> more weight should be afforded to the contents of the NPPF<br />
2.10.4 In appeal reference APP/N2739/1/10/2129969 the inspector considered that 'the<br />
previous inspector took the view that infilling is the filling of a small gap in an<br />
otherwise built up frontage <strong>and</strong> whether something is small scale depends on the<br />
context provided by other properties in the vicinity. I accord <strong>with</strong> those views'<br />
2.10.5 Turning to the proposed development it is considered that the development would<br />
represent filling of a small gap in an otherwise built up frontage <strong>and</strong> the site is<br />
situated <strong>with</strong>in the defined development limits of Bilbrough. The proposed scheme<br />
is for detached dwelling in residential curtilage which is located in between<br />
Ravenscroft 15 Back Lane (the host property) <strong>and</strong> the neighbouring property of 11<br />
Back in a linear manner. As the proposed scheme is for one dwelling located<br />
between to two existing dwellings the proposed dwelling is considered to be in both<br />
absolute <strong>and</strong> contextual terms limited <strong>and</strong> small scale residential development.<br />
The proposed scheme is therefore considered to be appropriate development <strong>with</strong>in<br />
the Green Belt as it accords GB2 (4) of the <strong>Selby</strong> <strong>District</strong> Local Plan <strong>and</strong> paragraph<br />
89 of the NPPF. It is recommended to impose a condition to remove permitted<br />
development rights for any new garage, outbuildings <strong>and</strong> extension to protect the<br />
reason for including l<strong>and</strong> in the Green Belt <strong>and</strong> to protect the openness of the<br />
Green Belt.<br />
2.10.3 Assessment of Harm from the Proposed Development<br />
2.10.4 In order to assess whether the proposal would result in any other harm it is<br />
important to undertake the ‘normal tests’ applied to any planning submission.<br />
The key issues in this respect are considered to be:<br />
4. Visual impact on the green belt<br />
5. Design <strong>and</strong> effect upon the character of the conservation area<br />
6. Comprehensive development of l<strong>and</strong>, backl<strong>and</strong> <strong>and</strong> t<strong>and</strong>em development<br />
7. Flood risk, drainage <strong>and</strong> climate change<br />
8. Impact on highways<br />
9. Residential amenity<br />
10. Impact on Nature Conservation <strong>and</strong> Protected Species<br />
11. Assessment of Harm from the Proposed Development<br />
12. Case for Very Special Circumstances<br />
2.11 Visual impact on the green belt<br />
2.11.1 Policy GB4 requires development which are conspicuous from an area of Green<br />
Belt, will only be permitted where the scale, location, materials <strong>and</strong> design of any<br />
building or structure, or the laying out <strong>and</strong> use of l<strong>and</strong>, would not detract from the<br />
open character <strong>and</strong> visual amenity of the Green Belt, or the form <strong>and</strong> character of<br />
any settlement <strong>with</strong>in it”.<br />
2.11.2 It is considered that by virtue of its location <strong>with</strong>in a residential area <strong>with</strong> similar<br />
types of building <strong>and</strong> its size <strong>and</strong> massing the proposed dwelling would not have a<br />
significant harm to the Green Belt. The proposal would not be viewed in isolation<br />
319