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

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continually deteriorating building. These various schemes they refer to are not provided<br />

<strong>and</strong> no costings are included.<br />

On relocation, they conclude that frail <strong>and</strong> elderly residents would be highly susceptible to<br />

distress as a result of relocation <strong>and</strong> they believe, the best interests of residents, staff <strong>and</strong><br />

visitors would be served by remaining in this beautiful location. There is no evidence of the<br />

nature of any exercise in assessing the location or availability of alternative sites.<br />

In terms of the close care accommodation the applicants have stated<br />

‘Whilst the Close Care accommodation could be seen as additional to that already existing<br />

on the site, its [sic] does play an integral role in the overall philosophy of care envisaged<br />

for Highfield <strong>and</strong>, as already illustrated, sits comfortably <strong>with</strong> the NYCC policy on aging. In<br />

terms of sustainability, an illustration as to likely car ownership can be provided by a<br />

similar model of Close Care at Stamford Bridge (near York) where only one resident from<br />

the thirty apartments has access to their own car’.<br />

The applicant’s statement of very special circumstances concludes ‘the proposed<br />

improvements to the setting of the park <strong>and</strong> listed Church have already been established<br />

<strong>and</strong> the inclusion of the Close Care element provides no additional impact on the<br />

greenbelt[sic] <strong>and</strong> nor does it impact upon the sites sustainability’.<br />

The applicants therefore conclude that the fourth option of rebuild is the best. New<br />

accommodation would bring the required single, en-suite rooms, improved communal<br />

facilities, kitchens <strong>and</strong> laundry.<br />

In summarising their case of very special circumstances, the applicants state that:<br />

1. The demolition <strong>and</strong> rebuild is the only way residents can stay at Scarthingwell <strong>and</strong><br />

provide an environment which is fit for purpose.<br />

2. The scheme takes the opportunity of creating a far more appropriate building in<br />

terms of scale <strong>and</strong> materials.<br />

3. The scheme distances itself from the listed Church, improves the setting of the<br />

Church <strong>and</strong> is thus a very special opportunity to improve the setting of the listed<br />

building in the Green Belt. The conservation statement <strong>and</strong> perspectives supplied,<br />

they say, demonstrate this significant improvement.<br />

Assessment of the Applicant’s Case for Very Special Circumstances<br />

The quality of care, increased expectations <strong>and</strong> in some instances legislative<br />

requirements, for example Disability <strong>and</strong> Discrimination Act, Fire <strong>and</strong> Building Regulations<br />

<strong>and</strong> Human Rights Act may require significant changes to a building <strong>and</strong> it may be the<br />

case that, taking financial factors into account that demolition <strong>and</strong> rebuild of a care home is<br />

the best solution. The alternative may be a derelict building <strong>with</strong>in the Green Belt <strong>and</strong> the<br />

need to find provision elsewhere, <strong>with</strong> consequent relocation of the residents <strong>with</strong> the<br />

associated harm to health <strong>and</strong> welfare. Such considerations are therefore capable of<br />

constituting ‘very special circumstances’, in that the benefits arising could potentially<br />

outweigh the harm by reason of inappropriateness <strong>and</strong> any other harm.<br />

However in this case the new building includes 15 close care apartments. This aspect of<br />

the scheme contributes to the overall increase in size, scale <strong>and</strong> bulk of the proposed<br />

building. It effectively takes up two storeys of the three-storey northern wing of the<br />

369

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