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on 8 February 2005) saved by the direction of the Secretary of State and the Regional Spatial Strategy for Yorkshire and the Humber (adopted 2008). 2.2 Selby District Local Plan Please see note at start of agenda explaining the current status of the Local Plan The relevant Selby District Local Plan Policies are: Policy ENV1 Policy ENV2 Policy ENV21 Policy ENV25 Policy H2A Policy H6 Policy T1 Policy T2 Control of Development Environmental Pollution and Contaminated Land Landscaping Requirements Control of Development in Conservation Areas Managing the Release of Housing Land Residential Development Development in Relation to Highway Access to Roads 2.3 Regional Spatial Strategy Please see note at start of agenda explaining the current status of the RSS. The relevant policies are: Policy YH1: Policy YH2: Policy ENV5: Policy H1: Overall approach and key spatial priorities Climate Change and Resource use Energy Provision and Distribution of Housing 2.4 National Guidance and Policy Please see note at start of agenda explaining the status of the NPPF. 2.5 Selby District Emerging Core Strategy to the Local Development Framework Please see note at start of agenda explaining the status of the Core Strategy. 2.6 Other relevant documents Riccall Village Design Statement 2.7 Key Issues 2.7.1 The main issues to be taken into account when assessing this application are: 1. Principle of the development 2. Design and effect upon the character of the conservation area 3. Landscaping and boundary treatments 4. Comprehensive development of land, backland and tandem development 5. Flood risk, drainage and climate change 6. Impact on highways 7. Residential amenity 334
8. Nature conservation and protected species 9. Contamination 2.8 Principle of the Development 2.8.1 Policies YH1 and H1 of the Regional Spatial Strategy set the overriding sub area policy to which development of this nature should be directed and define the provision and distribution of housing with the aim to manage and step up the supply and delivery of housing. 2.8.2 Policy H2A of the Selby District Local Plan states that ’to ensure that the annual house building requirement is achieved in a sustainable manner, applications for residential development up to the end of 2006 will only be acceptable on previously developed sites and premises within defined development limits, subject to the criteria in policies H6 and H7. It should be recognised that although Policy H2A refers to 2006 it was intended to restrict new housing on non-allocated sites to previously-developed land for the life of the plan, it is therefore the case that the proposal to develop this garden plot which does not constitute previously developed land conflicts with this policy and, thus, also policy H6. 2.8.3 Local Plan policy H6 identifies Riccall 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. 2.8.4 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. 2.8.5 As described above this site was formerly garden serving no. 43 Main Street 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. 2.8.6 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 designated service village capable of accommodating additional small scale development and the proposals not causing harm to the local area in accordance with the NPPF. 335
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Meeting: PLANNING COMMITTEE Date: W
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Minutes Planning Committee Venue: C
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13.1 Application: 2012/0028/COU Loc
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• TAG2 have suggested alternative
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13.3 Application: 2012/0342/FUL Loc
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Public Speaker - Stephen Fell, Appl
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explained that the proposal was the
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Items for Planning Committee 12 Sep
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Policy Matters Detailed below is th
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Public Session Report Reference Num
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1.1.5 The site does not contain any
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the wider allocation contrary to Pa
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Further comments were received from
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expected to accommodate in the orde
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sufficient sites available within S
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The Council has a 5.57 year supply
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scheme of this size therefore has t
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the site and other panned hedgerows
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een carried out. Although it would
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character of surrounding dwellings
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• It would appear that the develo
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problems for local residents who, f
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2. The Report allow a further 8 yea
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Taking these in turn. vi) Provision
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2.8.11 The Regional Spatial Strateg
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compliance of the proposals with th
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• Vehicular site access arrangeme
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vehicles; and consider the needs of
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2.9.33 NYCC Highways have confirmed
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2.10.5 At a regional level the RSS
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2.11.5 The report concludes that th
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10) An appropriate flood risk asses
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ii. and a site-specific flood risk
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carried out in accordance with the
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earlier in this Report seeking use
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2.17.8 In conclusion, it is conside
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The indicative plans submitted demo
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infrastructure) and came into force
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2.22.9 As such the scheme is consid
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2.23 Climate Change, Energy Efficie
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have raised the need for affordable
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ii) affordable housing provision, r
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climate change flood event. Details
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The agreed drawings must be approve
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No dwellings shall be constructed w
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Public Session Report Reference Num
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Low Street to the south of the vill
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Reason for Refusal 1 The proposal b
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• The increase in numbers of resi
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of adoption an indicative capacity
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• Types and Sizes - Affordable Ho
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and that further clarification/evid
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ecording a condition should be appe
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• The provision of well designed
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presented as an Appendix within the
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We support the proposed preservatio
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- When travelling around Leeds and
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- The traffic projections are woefu
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- The Sherburn village centre is al
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determination must be made in accor
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xvi) xvii) xviii) Climate Change, E
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the Regional Spatial Strategy Polic
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2.9.1 Policy ENV1 (2) states that i
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2.9.10 In addition the report confi
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2.9.19 The Travel Plan Framework se
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Phase 1 development on Moor Lane, w
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2.10.6 In addition, Paragraph 58 of
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is no reason why the likely landsca
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2.14.2 In terms of flood risk the
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2.14.15 The application states that
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2.16.3 The Geoenvironmental Apprais
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stage and a condition can be utilis
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2.19.9 In commenting on the applica
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(b) directly related to the develop
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Primary Care Trust 2.22.10 In terms
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floorspace should secure at least 1
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allocated for housing purposes. It
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2.26.3 The key issues in the determ
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dwellings close to the watercourse
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(3) highway construction details in
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(ii) An independent Stage 2 Safety
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Reason: To safeguard to the rights
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Reason: In the interests of ecology
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171
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efficiency and cumulative impact th
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• Construction would be phased fr
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The Parish Council are not sure wha
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stronger emphasis on the delivery o
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The Council has no evidence of any
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The proposed development will only
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countryside. The authority will nee
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1.4.20 Ramblers' Association No res
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- Carousel Walk being opened up int
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- Time frame for development up to
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2.7 Key Issues • Village Design S
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2.8.10 Policy H2A was clear that th
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Elmet as being one of the most sust
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an assessment of the cumulative imp
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• Adequate facilities are provide
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2.9.31 As such the scheme is consid
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• A linear belt of green space re
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The proposals are therefore conside
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watercourses. Furthermore flow atte
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granted subject to conditions to pr
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is in “outline” form details of
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protected during the construction s
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In light of the above, Officers wou
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2.22.13 The scheme does not include
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Objectors have raised concerns rela
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would provide financial contributio
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Report Reference Number: 2012/0401/
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land adjacent to units 11-14 on the
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2.5.1 Please see note at start of a
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2.8.2 Policy EMP9 of the local plan
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contamination or other environmenta
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5.1 Planning Application file refer
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239
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Having reviewed the revised scheme
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1.4 Consultations 1.4.1 Yorkshire W
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Policy H6: Policy ENV1: Policy ENV2
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ungalow to the south. To the east o
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that shall first be submitted to an
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Report Reference Number: 2011/1049/
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1.4.6 Yorkshire Wildlife Trust - No
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2.6.1 Policies Y1, YH5, H1, H2 and
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2.7.9 Consequently, subject to the
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acceptable in highway safety terms
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uilding 4 or more units being requi
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The part of the access extending 6
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4. Conclusion 4.1 As stated in the
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269
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This planning application is recomm
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• Policy YH1: Overall approach an
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2.7.1 Selby District Local Plan Pol
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2.8.6 The rear elevation of the dwe
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1. The development for which permis
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4 Conclusion As stated in the main
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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
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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
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Page 313 and 314: Policies YH1, YH2, YH7, YH8, YH9, E
Page 315 and 316: damage the environment (flora and f
Page 317 and 318: 3. The principle of a dwelling in t
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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
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Page 331 and 332: Report Reference Number 2012/0479/F
Page 333: 1.3.5 An application for conservati
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
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Page 365 and 366: COUNTY ECOLOGIST It is recommended
Page 367 and 368: ASSESSMENT The principal issues to
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Page 371 and 372: The proposed development would invo
Page 373 and 374: The Landscape Assessment of the dis
Page 375 and 376: The submitted bat report states tha
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Page 379 and 380: 1. Introduction and background 1.1
Page 381 and 382: Please see note at start of agenda
Page 383 and 384: policy since the previous approval
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Appendices: None 385
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387
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1. Introduction and background 1.1
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• Significant height increase fro
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which will have been judged to be a
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In the interests of visual amenity
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