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

selby.gov.uk
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02.07.2014 Views

2.10.2 The above applications had not been implemented when the Planning Officer visited the site, however having examined the plans for the proposals they are not considered to materially impact on the application proposals due to the separation distances involved between the application site and the above named applications. It is therefore considered that in respect of planning applications on or around the site there is nothing in this respect that would lead to a different decision than that originally made. 2.11 Changes in Policy 2.11.1 The policy context for this application is set out earlier in this report and it should be noted that the Selby District Local Plan Policies and Regional Spatial Strategy Policies against which the application was originally assessed would still be relevant as they are consistent with the aims of the National Planning Policy Framework. 2.11.2 Since the previous approval the National Planning Policy Framework has been published and is clear that at the heart of the NPPF is a presumption in favour of sustainable development which should be seen as a golden thread running through both plan making and decision taking. 2.11.3 Having taken into account the relevant parts of the NPPF there is not considered to be any significant changes in policy that would lead to a different decision than that originally made as the NPPF supports a mix of housing based on current and future demographic trends and the needs of groups such as older people or people with disabilities, supports high quality design and sets out similar tests in relation to appropriate development in the Green Belt, conserving the natural environment and historic environment. 2.11.4 For members convenience a copy of the original Committee Report and Resolution setting out the original assessment is attached as an Appendices to this report. 2.12 Other considerations arising from Consultations 2.12.1 The Yorkshire Wildlife Trust and Natural England commented that the original bat survey is outdated and as such the agent has submitted an up to date bat survey by John Drewett Ecology dated 7 August 2012. 2.12.2 The survey acknowledges that poor weather conditions during the summer of 2012 has had adverse impacts on bat activity and this has resulted in some roosts being abandoned or being occupied at unpredictable times which may affect the survey results. The survey states that the 2009 survey showed bats emerging from a roost, however during the current survey only one single bat emerged indicating that bats are still aware of this location but that a maternity roost was not present. The bats may have moved to an alternative location to roost this year or may have temporarily abandoned the roost due to the generally poor weather. The 2012 surveys have not indicated the presence of any further roosts not located in previous years. The report states that it should therefore be assumed that the previously identified Common Pipistrelle maternity roost is still in use and will be used again in the future and the report therefore recommends that a further survey should be carried out prior to the start of any development work. The report also sets out mitigation and compensatory measures and these should be conditioned. 354

It is therefore concluded that the proposals are acceptable in relation to the impact on protected species subject to an appropriate condition. 2.13 Conclusion 2.13.1 The development proposed is an application for extension of time for the erection of a care home and 15 close care apartments, which was judged to be acceptable at an earlier date. The main issue is therefore whether there are any significant changes in the development plan or other relevant material considerations since the permission was granted, which would lead to a significantly different decision on the application. Having taken into account the changes to the site and its surroundings, planning applications on or around the site and changes in policy since the previous approval it is not considered that there are other material considerations that would lead to a significantly different decision and as such the application should be approved in accordance with the conditions set out on the original consent. 2.13.2 The application is a Departure; any resolution to approve the application will need to be referred to the Secretary of State to determine. 2.14 Recommendation This planning application is recommended to be APPROVED subject to the Secretary of State not calling in the application for determination and to the following conditions: 01. The development for which permission is hereby granted shall be begun within a period of three years from the date of this permission. Reason: In order to comply with the provisions of Section 51 of the Planning and Compulsory Purchase Act 2004. 02. No development shall commence until details of the materials to be used in the construction of the exterior walls and roof(s) of the building, hereby approved, shall be submitted to and approved in writing by the Local Planning Authority, and only the approved materials shall be utilised. Reason: In the interests of visual amenity and in order to comply with Policy ENV1 of the Selby District Local Plan. 03. No development shall commence until the approval of the Local Planning Authority has been sought for a scheme of landscaping and tree planting for the site, indicating inter alia the number, species, heights on planting and positions of all trees, shrubs and bushes. Such scheme as approved in writing by the Local Planning Authority shall be carried out in its entirety within the period of twelve months beginning with the date on which development is commenced, or within such longer period as may be agreed in writing with the Local Planning Authority. All trees, shrubs and bushes shall be adequately maintained for the period of five years beginning with the 355

It is therefore concluded that the proposals are acceptable in relation to the impact<br />

on protected species subject to an appropriate condition.<br />

2.13 Conclusion<br />

2.13.1 The development proposed is an application for extension of time for the erection of<br />

a care home <strong>and</strong> 15 close care apartments, which was judged to be acceptable at<br />

an earlier date. The main issue is therefore whether there are any significant<br />

changes in the development plan or other relevant material considerations since the<br />

permission was granted, which would lead to a significantly different decision on the<br />

application. Having taken into account the changes to the site <strong>and</strong> its surroundings,<br />

planning applications on or around the site <strong>and</strong> changes in policy since the previous<br />

approval it is not considered that there are other material considerations that would<br />

lead to a significantly different decision <strong>and</strong> as such the application should be<br />

approved in accordance <strong>with</strong> the conditions set out on the original consent.<br />

2.13.2 The application is a Departure; any resolution to approve the application will need to<br />

be referred to the Secretary of State to determine.<br />

2.14 Recommendation<br />

This planning application is recommended to be APPROVED subject to the<br />

Secretary of State not calling in the application for determination <strong>and</strong> to the<br />

following conditions:<br />

01. The development for which permission is hereby granted shall be begun<br />

<strong>with</strong>in a period of three years from the date of this permission.<br />

Reason:<br />

In order to comply <strong>with</strong> the provisions of Section 51 of the Planning <strong>and</strong><br />

Compulsory Purchase Act 2004.<br />

02. No development shall commence until details of the materials to be used in<br />

the construction of the exterior walls <strong>and</strong> roof(s) of the building, hereby<br />

approved, shall be submitted to <strong>and</strong> approved in writing by the Local<br />

Planning Authority, <strong>and</strong> only the approved materials shall be utilised.<br />

Reason:<br />

In the interests of visual amenity <strong>and</strong> in order to comply <strong>with</strong> Policy ENV1 of<br />

the <strong>Selby</strong> <strong>District</strong> Local Plan.<br />

03. No development shall commence until the approval of the Local Planning<br />

Authority has been sought for a scheme of l<strong>and</strong>scaping <strong>and</strong> tree planting for<br />

the site, indicating inter alia the number, species, heights on planting <strong>and</strong><br />

positions of all trees, shrubs <strong>and</strong> bushes. Such scheme as approved in<br />

writing by the Local Planning Authority shall be carried out in its entirety<br />

<strong>with</strong>in the period of twelve months beginning <strong>with</strong> the date on which<br />

development is commenced, or <strong>with</strong>in such longer period as may be agreed<br />

in writing <strong>with</strong> the Local Planning Authority. All trees, shrubs <strong>and</strong> bushes<br />

shall be adequately maintained for the period of five years beginning <strong>with</strong> the<br />

355

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