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

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2.17.3 It is considered that due to the positioning of the dwelling in relation to other<br />

residential properties <strong>and</strong> the orientation of the windows on the proposed dwelling<br />

that the proposed layout would not have a significant impact on neighbouring<br />

properties through overlooking, overshadowing or creating an oppressive outlook.<br />

2.17.4 There are no windows in the east elevation facing toward the neighbouring<br />

property of 11 Back Lane. It is considered prudent to attach a condition to any<br />

consent granted that no other openings are created on the east side elevations<br />

above to prevent any future overlooking issues.<br />

2.17.5 The proposed development is therefore considered not to cause a significant<br />

detrimental impact on the residential amenities of the neighbouring properties in<br />

accordance <strong>with</strong> policies ENV1 (1) <strong>and</strong> H7(2) of the Local Plan <strong>and</strong> the NPPF.<br />

2.18 Impact on Nature Conservation <strong>and</strong> Protected Species<br />

2.18.1 Policies. H7(5) <strong>and</strong> ENV1(5) states that proposals should not harm acknowledged<br />

nature conservation interests, or result in the loss of open space of recreation or<br />

amenity value, or which is intrinsically important to the character of the area. These<br />

policies should be given some weight as they are consistent <strong>with</strong> the NPPF.<br />

2.18.2 The site is not a protected site for nature conservation or is known to support, or be<br />

in close proximity to any site supporting protected species or any other species of<br />

conservation interest. As such it is considered that the proposed would not harm<br />

any acknowledged nature conservation interests <strong>and</strong> therefore would not be<br />

contrary to Policies H7(5) <strong>and</strong> ENV1 (5) of the <strong>Selby</strong> <strong>District</strong> Local Plan <strong>and</strong> the<br />

advice contained <strong>with</strong>in the NPPF.<br />

2.19 Assessment of Harm from the Proposed Development<br />

2.19.1 The proposed scheme is considered to be appropriate development <strong>with</strong>in the<br />

Green Belt <strong>and</strong> there is no other harms arise by virtue of the proposed development<br />

to the Green Belt.<br />

2.20 Case for Very Special Circumstances<br />

2.20.1 The NPPF differs from the guidance in PPG2 (now replaced by the NPPF) in that<br />

the requirement for the applicant to provide a case to show what very special<br />

circumstances exist is not included. The proposed scheme is considered to be<br />

appropriate development <strong>with</strong>in the Green Belt <strong>and</strong> therefore the requirement to<br />

demonstrate very special circumstances is not required<br />

2.21 Conclusion<br />

2.21.1 The development of this site for the erection of one dwelling would be considered<br />

acceptable in principle, despite the proposals not being in accordance <strong>with</strong> Policy<br />

H2A, limited weight should be attached to the non compliance <strong>with</strong> Policy H2A <strong>and</strong><br />

significant weight should be attached to the site being identified as a designated<br />

service village capable of accommodating additional small scale development <strong>and</strong><br />

the proposals not causing harm to the local area in accordance <strong>with</strong> the NPPF.<br />

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