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 ...
2.8.6 At the time of the Council meeting the Preferred Options Site Allocations Development Plan Document (SADPD) set out the intended allocations in the District in line with the Core Strategy figures as known at that time. The site SHB/1B was still considered appropriate for some development, albeit in a reduced quantum to reflect more up to date consultation on the desired smaller sites and increased distribution throughout the village and availability of other sites. It was therefore suggested that on the basis of this that Phase 2 sites could be released in line with the emerging SADPD. 2.8.7 Minute 40 vi) of the Council Meeting resolved ‘To agree to the release of all the Local Plan Phase 2 residential allocations, but with revised housing numbers consistent with those set out in the Site Allocations DPD Preferred Options which expressed a need for 282 dwellings on the Phase 2 site in Sherburn in Elmet. 2.8.8 Since the Council resolution there have been a number of changes in policy. The Core Strategy has undergone its Examination in Public where the Inspector raised queries over the total housing number in the District as well as the distribution in Tadcaster and Sherburn-in-Elmet. The Council undertook additional research and a full consultation programme which resulted in a series of amendments to the Core Strategy. Of particular note is the change from around 500 dwellings at Sherburn in Elmet to 790. This weakens the Council’s basis on the SADPD Preferred Options for a limited Phase 2 release as that document is no longer in conformity with the more up to date Core Strategy evidence base. 2.8.9 In light of the changes to housing numbers contained in the SADPD on which the Council resolution on 13 September 2012 was based and given that this Council resolution does not have the weight of the Selby District Local Plan, Draft Core Strategy Policies or SADPD significant weight cannot be attached to the decision taken by Council on 13 September 2011 in terms of a limited release of housing for this Phase 2 site. Further, the decision of the Council was not the subject of any consultation or sustainability appraisal. 2.8.10 Policy H2A was clear that the allocated Phase 2 sites would be released after 2006 and only if monitoring showed a potential shortfall in relation to the then current required annual delivery rate in the regional spatial strategy. Annual monitoring did show a shortfall in housing land supply and as such all Phase 2 sites were released and the basis on which the limited number of housing on the Sherburn site was released has now been overtaken by amended housing numbers identified in the amended SADPD following the Examination in Public. It is therefore the case that, applying the terms of the Local Plan, the whole of the Phase 2 site is released and the proposals accord with Policy H2A. The resolution of 13th September 2011 cannot be a material consideration to which greater weight attaches than the Local Plan (for the reasons set out above). 50
2.8.11 The Regional Spatial Strategy for Yorkshire and the Humber was adopted in 2008 and set out a net housing requirement for 440 dwellings per annum and although this is the most appropriate housing target on which to base current housing figures, this does not supersede the figures set out and adopted in the Local Plan 2005. 2.8.12 Whilst it is noted that there is an intention to revoke the Regional Spatial Strategy only moderate weight can be attached to this and as with the previous application for the south western part of the Phase 2 site (reference: 2011/0893/EIA) there is no conflict with the Regional Spatial Strategy Policies. The proposals therefore comply with the Regional Spatial Strategy and the Selby District Local Plan policies as a whole. 2.8.13 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". On 27 March 2012 the National Planning Policy Framework was adopted and this is a material consideration in determining this application. Paragraph 215 of the NPPF states that following the 12 month period (from the day of publication) due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given). 2.8.14 Paragraph 14 of the NPPF goes on to state that at the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision taking and for decision taking this means approving development proposals that accord with the development plan without delay and where the development plan is absent, silent or relevant policies are out-of date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the framework taken as a whole or where specific policies in the framework indicate development should be restricted. 2.8.15 As stipulated above the proposals do not conflict with the development plan and it has not been demonstrated that the adverse impacts of the proposals outweigh the benefits. The proposals therefore accord with Paragraph 14 of the NPPF. 2.8.16 Paragraph 49 of the NPPF states that housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites. Policy 51
- Page 1 and 2: Meeting: PLANNING COMMITTEE Date: W
- Page 3 and 4: Minutes Planning Committee Venue: C
- Page 5 and 6: 13.1 Application: 2012/0028/COU Loc
- Page 7 and 8: • TAG2 have suggested alternative
- Page 9 and 10: 13.3 Application: 2012/0342/FUL Loc
- Page 11 and 12: Public Speaker - Stephen Fell, Appl
- Page 13 and 14: explained that the proposal was the
- Page 15 and 16: Items for Planning Committee 12 Sep
- Page 17 and 18: Policy Matters Detailed below is th
- Page 21 and 22: Public Session Report Reference Num
- Page 23 and 24: 1.1.5 The site does not contain any
- Page 25 and 26: the wider allocation contrary to Pa
- Page 27 and 28: Further comments were received from
- Page 29 and 30: expected to accommodate in the orde
- Page 31 and 32: sufficient sites available within S
- Page 33 and 34: The Council has a 5.57 year supply
- Page 35 and 36: scheme of this size therefore has t
- Page 37 and 38: the site and other panned hedgerows
- Page 39 and 40: een carried out. Although it would
- Page 41 and 42: character of surrounding dwellings
- Page 43 and 44: • It would appear that the develo
- Page 45 and 46: problems for local residents who, f
- Page 47 and 48: 2. The Report allow a further 8 yea
- Page 49: Taking these in turn. vi) Provision
- Page 53 and 54: compliance of the proposals with th
- Page 55 and 56: • Vehicular site access arrangeme
- Page 57 and 58: vehicles; and consider the needs of
- Page 59 and 60: 2.9.33 NYCC Highways have confirmed
- Page 61 and 62: 2.10.5 At a regional level the RSS
- Page 63 and 64: 2.11.5 The report concludes that th
- Page 65 and 66: 10) An appropriate flood risk asses
- Page 67 and 68: ii. and a site-specific flood risk
- Page 69 and 70: carried out in accordance with the
- Page 71 and 72: earlier in this Report seeking use
- Page 73 and 74: 2.17.8 In conclusion, it is conside
- Page 75 and 76: The indicative plans submitted demo
- Page 77 and 78: infrastructure) and came into force
- Page 79 and 80: 2.22.9 As such the scheme is consid
- Page 81 and 82: 2.23 Climate Change, Energy Efficie
- Page 83 and 84: have raised the need for affordable
- Page 85 and 86: ii) affordable housing provision, r
- Page 87 and 88: climate change flood event. Details
- Page 89 and 90: The agreed drawings must be approve
- Page 91 and 92: No dwellings shall be constructed w
- Page 95 and 96: Public Session Report Reference Num
- Page 97 and 98: Low Street to the south of the vill
- Page 99 and 100: Reason for Refusal 1 The proposal b
2.8.6 At the time of the Council meeting the Preferred Options Site<br />
Allocations Development Plan Document (SADPD) set out the intended<br />
allocations in the <strong>District</strong> in line <strong>with</strong> the Core Strategy figures as<br />
known at that time. The site SHB/1B was still considered appropriate<br />
for some development, albeit in a reduced quantum to reflect more up<br />
to date consultation on the desired smaller sites <strong>and</strong> increased<br />
distribution throughout the village <strong>and</strong> availability of other sites. It was<br />
therefore suggested that on the basis of this that Phase 2 sites could<br />
be released in line <strong>with</strong> the emerging SADPD.<br />
2.8.7 Minute 40 vi) of the Council Meeting resolved ‘To agree to the release<br />
of all the Local Plan Phase 2 residential allocations, but <strong>with</strong> revised<br />
housing numbers consistent <strong>with</strong> those set out in the Site Allocations<br />
DPD Preferred Options which expressed a need for 282 dwellings on<br />
the Phase 2 site in Sherburn in Elmet.<br />
2.8.8 Since the Council resolution there have been a number of changes in<br />
policy. The Core Strategy has undergone its Examination in Public<br />
where the Inspector raised queries over the total housing number in the<br />
<strong>District</strong> as well as the distribution in Tadcaster <strong>and</strong> Sherburn-in-Elmet.<br />
The Council undertook additional research <strong>and</strong> a full consultation<br />
programme which resulted in a series of amendments to the Core<br />
Strategy. Of particular note is the change from around 500 dwellings at<br />
Sherburn in Elmet to 790. This weakens the Council’s basis on the<br />
SADPD Preferred Options for a limited Phase 2 release as that<br />
document is no longer in conformity <strong>with</strong> the more up to date Core<br />
Strategy evidence base.<br />
2.8.9 In light of the changes to housing numbers contained in the SADPD on<br />
which the Council resolution on 13 September 2012 was based <strong>and</strong><br />
given that this Council resolution does not have the weight of the <strong>Selby</strong><br />
<strong>District</strong> Local Plan, Draft Core Strategy Policies or SADPD significant<br />
weight cannot be attached to the decision taken by Council on 13<br />
September 2011 in terms of a limited release of housing for this Phase<br />
2 site. Further, the decision of the Council was not the subject of any<br />
consultation or sustainability appraisal.<br />
2.8.10 Policy H2A was clear that the allocated Phase 2 sites would be<br />
released after 2006 <strong>and</strong> only if monitoring showed a potential shortfall<br />
in relation to the then current required annual delivery rate in the<br />
regional spatial strategy. Annual monitoring did show a shortfall in<br />
housing l<strong>and</strong> supply <strong>and</strong> as such all Phase 2 sites were released <strong>and</strong><br />
the basis on which the limited number of housing on the Sherburn site<br />
was released has now been overtaken by amended housing numbers<br />
identified in the amended SADPD following the Examination in Public.<br />
It is therefore the case that, applying the terms of the Local Plan, the<br />
whole of the Phase 2 site is released <strong>and</strong> the proposals accord <strong>with</strong><br />
Policy H2A. The resolution of 13th September 2011 cannot be a<br />
material consideration to which greater weight attaches than the Local<br />
Plan (for the reasons set out above).<br />
50