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

2.14 Residential Amenity
2.14.1 Policies ENV1(1) and H6(2) of the Local Plan require development to take account
of the effect upon the amenity of adjoining occupiers and should be given significant
weight. Significant weight should be attached to these policies as they are broadly
consistent with the aims of the NPPF to protect residential amenity.
2.14.2 The NPPF paragraph 200 relates to the removal of national permitted development
rights which should be limited to situations where this is necessary to protect local
amenity.
2.14.3 It is considered that due to the positioning of the dwelling in relation to other
residential properties and the orientation of the windows on the proposed dwelling
that the proposed layout would not have a significant impact on neighbouring
properties through overlooking, overshadowing or creating an oppressive outlook.
To be consistent with the previous approval for this site it would therefore be
recommended that if this scheme be approved permitted development rights to be
removed for any further extensions or outbuildings to control any impact on
neighbouring residents.
2.14.4 The proposed development is therefore considered not to cause a significant
detrimental impact on the residential amenities of the neighbouring properties in
accordance with policies ENV1 (1) and H6(2) of the Local Plan and the NPPF.
2.15 Impact on Nature Conservation and Protected Species
2.15.1 Policies H6(6) and ENV1(5) states that proposals should not harm acknowledged
nature conservation interests, or result in the loss of open space of recreation or
amenity value, or which is intrinsically important to the character of the area. These
policies should be given some weight as they are consistent with the NPPF.
2.15.2 Having had regard to the above it is noted that the site does contain buildings to be
demolished and vegetation which is to be removed, as such the applicant has
submitted a bat survey by Whitcher Wildlife Ltd. This report concludes that the
buildings surveyed were disused and in a poor state of repair with no signs of bats
identified around any of the buildings and having no bat roost potential. In addition
the report states that no birds nests were identified within the site. It is therefore
considered that the proposal would accord with Policies H6(6) and ENV1 of the
Local Plan and the NPPF with respect to nature conservation.
2.16 Contamination
2.16.1 Policy ENV2 of the Selby District Local Plan states that proposals for development
which would give rise to, or would be affected by unacceptable levels of
contamination will not be permitted unless satisfactory remedial or preventative
measures are incorporated as an integral element in the scheme. Such measures
should be carried out before the use of the site commences. This policy should be
afforded significant weight given that it is consistent with the NPPF (paragraphs 120
and 121).
2.16.2 The preliminary risk assessment contained within this report identifies the main risk
from contaminants and sets out recommendations which should be followed during
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