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

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The submitted bat report states that the buildings have hanging tiles, fascia boards <strong>and</strong><br />

small pitched roof. There are gaps behind hanging tiles. These features on a building set<br />

amid parkl<strong>and</strong> <strong>and</strong> close to lake make the site ideal for roosting bats’.<br />

However there are severe limitations to the report. The report concludes that ‘because the<br />

survey started very late in the season it is not possible to determine whether the identified<br />

roost sites are maternity roosts’ <strong>and</strong> that ‘this requires further survey work next summer’.<br />

The tests of the Habitat Regulations require a weighing exercise to be undertaken<br />

between the significance of the protected species <strong>and</strong> the public interest. In order to give<br />

appropriate weight to the protected species, in thi instance bats, it is necessary to have<br />

information on the type of roost <strong>and</strong> the species <strong>and</strong> numbers of bats occupying a<br />

particular site. This information is also required in determining the nature <strong>and</strong> extent of<br />

mitigation works that may be required <strong>and</strong> to give weight to the ‘conservation status of the<br />

species’.<br />

Although Natural Engl<strong>and</strong> has not objected to the proposal, the County Ecologist<br />

recommends that ‘a further full bat survey is carried to determine the type <strong>and</strong> extent of the<br />

roost(s) present’.<br />

It is therefore advised that the applicant has failed to provide sufficient information to allow<br />

the Local planning Authority to make a full <strong>and</strong> proper assessment of the proposal on bats<br />

<strong>and</strong> to undertake its duties under the Habitat Regulations. The applicant has been<br />

informed of the situation in respect of potential impacts on European protected species<br />

<strong>and</strong> may submit further information between the writing of this report <strong>and</strong> the meeting of<br />

Planning Committee. Should this be the case Planning Committee will be updated.<br />

9. Other Considerations<br />

There are other matters relating to, for example, surface <strong>and</strong> foul water disposal, the<br />

removal of four protected trees, the applicants’ intention to control the direction of access<br />

to the site <strong>and</strong> to limit it to from the A162 only. These are matters over which there is no<br />

significant dissent from statutory bodies, <strong>and</strong>, if necessary may be controlled by condition<br />

on any approval <strong>and</strong> would not be contrary to national guidance or local policy.<br />

CONCLUSION:<br />

The proposal constitutes inappropriate development <strong>with</strong>in the Green belt. Inappropriate<br />

development in the Green Belt is, by definition, harmful <strong>and</strong> should only be allowed where<br />

very special circumstances exist. Furthermore such circumstances would only exist<br />

where the harm by reason of inappropriateness <strong>and</strong> any other harm is clearly outweighed<br />

<strong>and</strong> it is for the applicant to show why permission should be granted.<br />

It is considered that the proposed benefits arsing form the scheme do not outweigh the<br />

harm resulting by reason of inappropriateness <strong>and</strong> to the actual harm to the openness of<br />

the Green Belt. As such it is considered that the proposal is unacceptable in principle.<br />

However in matters of detail it is considered that the proposal would preserve the setting<br />

<strong>and</strong> character of the both the listed church <strong>and</strong> the historic Scarthingwell Park <strong>and</strong> would<br />

not be to the detriment of highway safety or the amenities of nearby occupiers.<br />

375

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