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

1.4.3 Yorkshire Water Services No comments are required from Yorkshire Water, with regards to the extension of time limit application. No comments etc. were originally stated on the 2009/0007/OUT application, based on foul water only being drained to the public foul sewer in Main Street (no public surface water sewers available), with surface water to soakaway. 1.4.4 Parish Council No response received within the statutory consultation period. 1.5 Publicity 1.5.1 The application was advertised by site notice and neighbour notification letter resulting in no objections being received within the statutory consultation period. 2. Report 2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 states "if regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise". The development plan for the Selby District comprises the policies in the Selby District Local Plan (adopted on 8 February 2005) saved by the direction of the Secretary of State and the Regional Spatial Strategy for Yorkshire and the Humber (adopted 2008). 2.2 Selby District Local Plan Please see note at start of agenda explaining the current status of the Local Plan All of the following policies were used in the original assessment of the application and still remain valid. GB2: Control of development within the Green Belt. GB4: Character and Visual Amenity of the Green Belt. ENV1: Control of development. H2A: Managing the Release of Housing Land H7: Housing Development in Villages Capable of Accommodating Limited Growth T2: Access to Roads 2.3 Regional Spatial Strategy Please see note at start of agenda explaining the current status of the RSS. The application was not considered against any policies from the Regional Spatial Strategy. 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 380

Please see note at start of agenda explaining the status of the Core Strategy. 2.6 Key Issues 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 2.7 Background on Determining Extension of Time Applications 2.7.1 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. 2.7.2 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 additional information will be required in most circumstances to that which was originally considered. 2.7.3 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. 2.7.4 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 which may have changed significantly since the original grant of permission. 2.7.5 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). 2.7.6 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. 381

1.4.3 Yorkshire Water Services<br />

No comments are required from Yorkshire Water, <strong>with</strong> regards to the extension of<br />

time limit application. No comments etc. were originally stated on the<br />

2009/0007/OUT application, based on foul water only being drained to the public<br />

foul sewer in Main Street (no public surface water sewers available), <strong>with</strong> surface<br />

water to soakaway.<br />

1.4.4 Parish Council<br />

No response received <strong>with</strong>in the statutory consultation period.<br />

1.5 Publicity<br />

1.5.1 The application was advertised by site notice <strong>and</strong> neighbour notification letter<br />

resulting in no objections being received <strong>with</strong>in the statutory consultation period.<br />

2. Report<br />

2.1 Section 38(6) of the Planning <strong>and</strong> Compulsory Purchase Act 2004 states "if regard<br />

is to be had to the development plan for the purpose of any determination to be<br />

made under the planning Acts the determination must be made in accordance <strong>with</strong><br />

the plan unless material considerations indicate otherwise". The development plan<br />

for the <strong>Selby</strong> <strong>District</strong> comprises the policies in the <strong>Selby</strong> <strong>District</strong> Local Plan (adopted<br />

on 8 February 2005) saved by the direction of the Secretary of State <strong>and</strong> the<br />

Regional Spatial Strategy for Yorkshire <strong>and</strong> the Humber (adopted 2008).<br />

2.2 <strong>Selby</strong> <strong>District</strong> Local Plan<br />

Please see note at start of agenda explaining the current status of the Local Plan<br />

All of the following policies were used in the original assessment of the application<br />

<strong>and</strong> still remain valid.<br />

GB2: Control of development <strong>with</strong>in the Green Belt.<br />

GB4: Character <strong>and</strong> Visual Amenity of the Green Belt.<br />

ENV1: Control of development.<br />

H2A: Managing the Release of Housing L<strong>and</strong><br />

H7: Housing Development in Villages Capable of Accommodating Limited<br />

Growth<br />

T2: Access to Roads<br />

2.3 Regional Spatial Strategy<br />

Please see note at start of agenda explaining the current status of the RSS.<br />

The application was not considered against any policies from the Regional Spatial<br />

Strategy.<br />

2.4 National Guidance <strong>and</strong> Policy<br />

Please see note at start of agenda explaining the status of the NPPF.<br />

2.5 <strong>Selby</strong> <strong>District</strong> Emerging Core Strategy to the Local Development Framework<br />

380

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