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

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.
2.8 Changes to the Site and its Surroundings
2.8.1 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originally made.
2.9 Planning Applications on or Around the Site
2.9.1 Since the previous application was granted there are no subsequent planning
applications recorded for the application site itself nor properties immediately
adjoining the site. 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decision than that originally made.
2.10 Changes in Policy
2.10.1 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 against which the application was
originally assessed would still be relevant.
2.10.2 In June 2010 the Government updated PPS3 to exclude private residential gardens
from the definition of previously developed land in order to prevent
overdevelopment of neighbourhoods and ‘garden grabbing’. Whilst PPS3 has now
been superseded by the publication of the NPPF and this document also considers
garden plots not to be previously developed land, it is clear that such proposals
would only be considered unacceptable where they cause harm to the local area.
The proposals are for an extension of time and as such the original plans are to be
considered whereby the layout and design were not considered to cause harm to
the local area. Therefore, having taken into account the NPPF policies there would
be nothing to preclude this type of development in this location and as such there
are no changes in policy that would lead to a different decision to that originally
made.
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