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The relevant policies are: YH5: Principal Towns. YH6: Local Service Centres and Rural and Coastal Areas. ENV9: Historic Environment. ENV11: Health and Recreation. E7: The Rural Economy. 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 Guidance Circular 02/2009 Town and Country Planning (Consultations) (England) Direction 2009 ODPM Circular 06/2005 “Biodiversity and Geological Conservation- Statutory Obligations And Their Impact Within The Planning System Habitat Regulations 2010 2.7 Key Issues 2.7.1 The main issues to be taken into account when assessing this application are: 1. Background on determining extension of time applications 2. Changes to the site and its surroundings 3. Planning applications on or around the site 4. Changes in policy 5. Other considerations arising from consultations 2.8 Background on Determining Extension of Time Applications 2.8.1 The Town and Country Planning (General Development Procedure) (Amendment No.3) (England) Order 2009 (SI 2009 No. 2261) allows applicants to apply for a new planning permission to replace an existing permission which is in danger of lapsing, in order to obtain a longer period in which to begin the development. The procedure is referred to as an extension of time for the implementation of a planning permission by grant of a new permission for the development authorised by the original permission. 2.8.2 Except in cases where there is a need to comply with a statutory requirement in connection with the submission of the application, or a relevant change in policy or material considerations which post-date the original application, the Order advises that it does not anticipate that any information additional to that which must be provided on the application form will be required in most circumstances. 352
2.8.3 The Local Planning Authority can request further information if they consider that changes in the surrounding area, which are unrelated to the proposed scheme but have taken place since the original grant of permission, have affected design or access considerations that are relevant to the proposed scheme. 2.8.4 The guidance in relation to extension of time applications makes clear that Local Planning Authorities should take a positive and constructive approach towards applications which improve the prospect of sustainable development being taken forward quickly. The development proposed is an application for extension of time which will have been judged to be acceptable in principle at an earlier date. While these applications should, be determined in accordance with s.38(6) of the Planning and Compulsory Purchase Act 2004, Local Planning Authorities should, in making their decisions, focus their attention on development plan policies and other material considerations (including national policies on matters such as climate change) which may have changed significantly since the original grant of permission. 2.8.5 Given that the Local Planning Authority power to impose conditions remains unchanged, if appropriate, different conditions can be imposed or some conditions (i.e. discharged preconditions can be removed). 2.8.6 However, the main issue is any significant changes in the development plan or other relevant material considerations since the permission was granted, and whether this would lead to a significantly different decision on the application. In light of this these are considered in further detail below. 2.9 Changes to the Site and its Surroundings 2.9.1 Following a site visit and having undertaken a comparison between the site as currently exists and as existed on the previous application, it appears that there is no significant change in the surrounding area, nor the layout and arrangement of the site, including landscaping, boundary treatments, accesses and egress. It is therefore considered that in respect of the site itself and its immediate surroundings there is nothing in this respect that would lead to a different decision than that originally made. 2.10 Planning Applications on or Around the Site 2.10.1 Since the previous application was granted there are no subsequent planning applications recorded for the application site itself. In relation to surrounding sites there have been the following applications granted on the site known as Orchard House to the west: • 2011/0165/FUL for conversion of agricultural barns to self contained residential dwelling approved on 16 May 2011. • 2011/0787/HPA for the erection of a conservatory to the rear approved on 2 November 2011. • 2011/0788/FUL for the erection of a detached garage within the curtilage of The Barn, to the north of Orchard House approved on 15 November 2011. 353
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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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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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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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283
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Please see note at start of agenda
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2.6.3 Local Plan policy H6 identifi
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should be attached to these policie
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2.12.2 Having assessed the proposal
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3.1.2 Human Rights Act 1998 It is c
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Page 301 and 302: • The proposal places a property
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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 and 334: 1.3.5 An application for conservati
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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: 1.4.8 Yorkshire Wildlife Trust The
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
Page 385 and 386: Appendices: None 385
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Page 389 and 390: 1. Introduction and background 1.1
Page 391 and 392: • Significant height increase fro
Page 393 and 394: which will have been judged to be a
Page 395 and 396: In the interests of visual amenity
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