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

earlier in this Report seeking use of conditions / S106 mechanisms on
a range of aspects. In addition comments have been made by
objectors in terms of the impacts on ecology / biodiversity.
2.15.8 The requested conditions / S106 matters noted by the YWT are
considered to be appropriate and to meet the test within Circular 11/95
with the exception of the request for direct funding of a Part Time
Reserve Officer and the provision of members to the YWT for new
residents of the development, as these are considered to not be
required as a direct result of the development or to be reasonably
related to the development itself.
2.15.9 In conclusion, it is considered that the securing of the creation of new
habitats, habitat protection and management of the habitats can be
secured via conditions / S106 mechanisms, as such the scheme is
considered to be acceptable in terms of Local Plan Policies ENV1 (5),
SHB1/1B (4), RSS Policy ENV8 and the NPPF.
2.16 Land Contamination
2.16.1 Policy ENV2 of the Local Plan outlines that “proposals for development
which would give rise to, or would be affected by, unacceptable levels
of noise, nuisance, contamination or other environmental pollution
including groundwater pollution will not be permitted unless satisfactory
remedial or preventative measures are incorporated as an integral
element in the scheme. Such measures should be carried out before
the use of the site commences” and that “where there is a suspicion
that the site might be contaminated, planning permission may be
granted subject to conditions to prevent the commencement of
development until a site investigation and assessment has been
carried out and development has incorporated all measures shown in
the assessment to be necessary”.
2.16.2 The submitted Environmental Impact Assessment includes
assessments of the ground conditions, the history of uses on the site
and the geotechnical properties of the site and the suitability of the site
to accommodate soakaways.
2.16.3 The Geoenvironmental Appraisal was reviewed on behalf of the
Council by Wilbourn Associates whose advice is set out earlier in this
Report. In the context of this advice it is considered that the scheme
of mitigation as set out in the submitted ES is acceptable and the
implementation of the scheme in line with the outlined mitigation can be
secured through conditions and informatives on any consent.
2.16.4 As such the scheme is considered that the scheme is acceptable in
terms of Policy ENV2 of the Local Plan in terms of contamination
matters.
2.17 Cultural Heritage
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