Agenda - Selby District Council

Mission Statement 

To Improve the Quality of Life 

For Those Who Live and Work in The District 

22 April 2008 

Dear Councillor 

You are hereby invited to a meeting of the Planning Committee to be held in 

Committee Rooms 1 and 2, Civic Centre, Portholme Road, Selby on 30 April 

2008 commencing at 4:00pm. 

The agenda is set out below. 

1. Apologies for Absence and Notice of Substitution 

To receive apologies for absence and notification of substitution. 

2. Disclosure of Interest 

To receive any disclosures of interest in matters to be considered at 

the meeting in accordance with the provisions of Section 117 of the 

Local Government Act 1972, and Sections 50, 52 and 81 of the Local 

Government Act 2000 and the Members’ Code of Conduct adopted by 

the Council. 

3. Minutes 

To confirm as a correct record the minutes of the proceedings of the 

meeting of the Planning Committee held on 2 April 2008 (pages 5 to 

14 attached). 

4. Chair’s Address to the Planning Committee

5. Planning Applications Received – Non Site Visits 

Report of the Head of Service - Planning and Economic Development 

• 2007/1406/MAJ – Whitley Lodge, Selby Road, Whitely 

(pages 15 to 32 attached). 

• 2008/0052/FUL – Station Road, Carlton (pages 33 to 42 

attached). 

• 2008/0250/OUT – Rowan Tree House, Hull Road, 

Hemingbrough (pages 43 to 49 attached). 

• 2008/0109/FUL – Rawdon, Moor Carr Lane, Barlby 


• 2008/0163/FUL – Westend Bungalow, Green Lane, North 

Duffield (pages 57 to 65 attached). 

6. Applications to be Determined by the County Council on 

which the Views of the District Council are Requested. 


Reports for Information 

1. List of Planning Applications Determined Under Delegated 

Powers 

Applications which have been determined by officers under the 

scheme of delegation. 

A copy of this report is available in the Members’ Room 

M Connor 

Chief Executive

Public Speaking 

Please note the deadline for registering to speak at Committee is 3.00 pm 

Monday 28 April 2008 

Disclosure of Interest – Guidance Notes: 

(a) Councillors are reminded of the need to consider whether they have any 

personal or prejudicial interests to declare on any item on this agenda, 

and, if so, of the need to explain the reason(s) why they have any personal 

or prejudicial interests when making a declaration. 

(b) The Democratic Services Officer or relevant Committee Administrator will 

be pleased to advise you on interest issues. Ideally their views should be 

sought as soon as possible and preferably prior to the day of the meeting, 

so that time is available to explore adequately any issues that might arise. 

Dates of Future Meetings of the Planning Committee 

Date of Meeting Deadline Date Distribution Date 

28 May 2008 19 May 2008 12 May 2008 

25 June 2008 17 June 2008 9 June 2008 

23 July 2008 15 July 2008 7 July 2008 

20 August 2008 12 August 2008 4 August 2008 

Membership of the Planning Committee 

18 Members 

Conservative Labour Independent 

J Mackman (Chair) D Davies R Sweeting 

J Deans (Vice-Chair) B Marshall Vacancy 

J Cattanach 

N Martin 

I Chilvers 

S Shaw-Wright 

K Ellis 

D Fagan 

W Inness 

M Jordan 

D Mackay 

E Metcalfe 

C Pearson 

S Ryder 

If you have any enquiries relating to this agenda, please contact Carol Baker on: 

Tel: 01757 292207 

Fax: 01757 292020 

Email: cvbaker@selby.gov.uk

Items for Planning Committee 

30 th April 2008 

File Number: 

Site Address: 

Case 

Officer 

2007/1406/MAJ Whitley Lodge, Selby Road, Whitley RABA 16 

2008/0052/FUL Station Road, Carlton RABA 35 

2008/0250/OUT Rowan Tree House, Hull Road, Hemingbrough ELPH 45 

2008/0109/FUL Rawdon, Moor Carr Lane, Barlby ELPH 52 

2008/0163/FUL Westend Bungalow, Green Lane, North Duffield ELPH 59 

Page

SELBY DISTRICT COUNCIL 

Minutes of the proceedings of a meeting of the Planning Committee held on 2 

April 2008, in Committee Rooms 1& 2, The Civic Centre, Portholme Road, Selby, 

commencing at 4.00pm. 

801 Minutes 

802 Chair’s Address to the Planning Committee 

803 2008/0042/FUL – Glenside Cottage, 2 Lumby Lane, Monk Fryston 

804 2007/1199/FUL – Highfield Nursing Home, Scarthingwell Park, Barkston Ash 

805 2008/0072/FUL – Marybern, Green Lane, Stutton 

806 2008/0023/COU –Thorganby Methodist Church, Main Street, Thorganby 

807 2008/0189/FUL – Ness Bank, Baffam Lane, Brayton 

808 2007/1261/FUL – Biggin Lane Garage, Nanny Lane, Church Fenton 

809 2007/1483/MAJ – Bowman’s Mill, Selby Road, Whitley 

810 2007/0211FUL – 37 Low Street, Sherburn in Elmet 

811 2007/0776/FUL – Land at Weeland Road, Kellingley 

812 2007/1400/FUL – Land at Gowdall Road, Hensall 

813 2007/1397/OUT – 2 York Road, Riccall 

814 2007/1386/FUL – 81 Dane Avenue, Thorpe Willoughby 

815 Planning Enforcement Sub Group 

816 Private Session 

817 Additional Item 

818 Additional Item 

Present: 

Councillors: 

Councillor J Mackman in the Chair 

J Cattanach, I Chilvers, K Ellis, D Fagan, W Inness, D Mackay, B Marshall, 

Mrs K McSherry (for J Deans), Mrs E Metcalfe, C Pearson, Mrs S Ryder, S 

Shaw-Wright, R H Sweeting 

Officials: Head of Service – Legal and Democratic Services, Head of Service – 

Planning and Economic Development, Principal Planning Officer, Planning 

Officers, Committee Administrator and Public Speaker Officer. 

Also in 

Attendance: 

Head of Service – Development Services 

Public: 9 

Press: 2 

Planning Committee 

2 April 2008 

5

799 Apologies for Absence and Notice of Substitution 

Apologies were received from Councillors Mrs D Davies, J Deans, M Jordan 

and N Martin 

Substitute Councillor was Mrs K McSherry for J Deans. 

800 Disclosure of Interest 

801 Minutes 

Councillor K Ellis declared a personal and prejudicial interest in application 

2007/1261/FUL – Nanny Lane Garage, Church Fenton. 

Councillor R Sweeting declared a personal and prejudicial interest in 

application 2007/1199 FUL – Highfield Nursing Home, Scarthingwell Park. 

Councillor J Mackman informed the committee he had received lobbying 

letters regarding 200/ 1199/FUL - Highfield Nursing Home, Scathingwell 

Park. 

Resolved: 

That the minutes of the proceedings of the meeting of the Planning 

Committee held on 5 March 2008 be confirmed as a correct record and 

be signed by the Chair. 

802 Chair’s Address to the Planning Committee 

The Chair informed Councillors of the following issues: 

• Planning Recruitment – The Chair welcomed the new Head of 

Development Services, Keith Dawson and confirmed appointments of 

the Development Control Manager, Dylan Jones and two senior 

planners, Robert Brigden and Michael Barry all of who would be 

joining Selby District Council in June. 

The Chair thanked Stuart Natkus and Barry Hill for their hard work on 

behalf of the Council and wished them well in their future careers. 

• Planning Performance – based on the latest statistics, Planning 

Development Control had achieved all 3 national performance 

measures for Major, Minor and Other applications. Also 2 out of 3 

internal performance measures had been achieved. The Chair 

passed on congratulations to all staff involved. 


2 April 2008 

6

• The 2008/09 timetable for site visits and Enforcement Sub-Group 

meetings had been circulated to all members of Planning Committee. 

The timetable followed established practice. 

803 Planning Applications Received 

Consideration was given to the schedule of planning applications submitted 

by the Head of Service – Planning and Economic Development. 

The Chair revised the running order of the applications before the 

committee. 

Application: 2008/0042/FUL 

Location: Glenside Cottage, 2 Lumby Lane, Monk Fryston 

Proposal: Proposed erection of a detached dwelling on land to the rear 

The Chair informed the Committee that this application had been withdrawn, 

by the applicant. 

Councillors requested clarification of action that could be taken as following 

the site visit it was clear that work had commenced on site. The Principal 

Planning Officer confirmed that outline permission had been granted for a 

bungalow but enforcement action would be considered if necessary. More 

information would be sought. 

804 Having declared a personal and prejudicial interest, Councillor R 

Sweeting left the chamber for consideration of the following item. 


Location: Highfield Nursing Home, Scarthingwell Park 

Proposal: 65 Bedroom Care Home 

The Principal Planning Officer informed the committee that following 

discussions and advice taken since the site visit, it was considered that 

Counsel’s advice may need to be sought in regards any future submission 

and further information on this application is required, therefore the Principal 

Planning Officer suggested deferment of the application. 

Resolved: 

That the application be deferred 

Councillor R Sweeting returned to the Chamber. 


2 April 2008 

7

805 Application: 2008/0072/FUL 

Location: Marybern, Green Lane, Stutton 

Proposal: Proposed erection of 9 dwellings following the demolition of 

Marybern and Brentwood 

Officer Update 

The Planning Officer updated councillors that the Highways Agency 

concerns had been addressed in the amended scheme and therefore 

advised that their objections could be removed from the application. 

Mr Hunter – Objector 

Mr Hunter informed the committee he objected to the application for the 

following reasons: 

• Significant volume of objections 

• Green field site 

• Land is a paddock 

• TPO would be comprised 

• Levels of overlooking from proposed build unacceptable 

• Parking issues 

• Highways concerns 

Mr Goodwin – Agent 

Mr Goodwin informed the committee of the following issues: 

• Considers green field site to be brown field site 

• Site is a garden 

• PP3 definition of garden curtilage 

• Paddock occupied by orchard 

• Domestic access only to field 

• Land used for domestic purposes by Marybern and Brentwood only 

• Within development area of Stutton 

• Access arrangements acceptable to Highways 

• Disagree with arboretum officer concerning TPO 

Councillors raised concerns that the Highways Agency were happy with the 

proposals and agreed with the Officers report that the field was a green field 

site. 

Resolved: 

That the application be refused. 


2 April 2008 

8

The reasons for refusal were: 

• For the reasons set out in the Officer’s report with the exception 

of No.3 relating to parking and access issues. 

806 Application: 2008/0023/COU 

Location: Thorganby Methodist Church, Main Street, Thorganby. 

Proposal: Proposed change of use from chapel to residential unit. 


The Planning Officer informed councillors on the proposed layout of the 

Methodist Church, which would include a mezzanine floor to achieve a twostorey 

dwelling. 

Mrs Farrow – Objector 

Mrs Farrow informed the committee she objected to the application for the 

following reasons 

• Overlooking issues 

• Loss of Privacy 

• Church lies within garden 

Councillors raised concerns over the overlooking issues that would result 

from windows that would be required. 

RESOLVED: 

That the application be refused for the reasons set out in the Officer’s 

report. 


Location: Ness Bank, Baffam Lane, Brayton 

Proposal: Proposed erection of 6 detached dwellings with garage and 

associated works (following the demolition of existing dwelling) 


The Principal Planning Officer updated councillors that 3 further letters of 

objection had been received. The application was a resubmission of a 

previous application that had been refused and later determined at appeal, 

which had been dismissed by the inspector on the grounds that the 

development appeared cramped. The revised scheme had addressed this 

with a reduced number of dwellings. 


2 April 2008 

9

The proposed scheme was felt not to have a detrimental impact upon the 

residential amenity of the occupants of nearby properties and the proposed 

accesses and level of parking were considered to be adequate. 

Councillor I Nutt – Ward Member 

Councillor Nutt informed the committee he objected to the application for the 

following reasons: 

• The Beech Hedge should be conditioned to be retained 

• Building works be conditioned to remain on site 

Mr Scott – Agent 

Mr Scott informed the committee of the following issues: 

• Issues of Density had been addressed 

• No Statutory Consultees had any issues with the scheme 

The Principal Planning Officer informed councillors that the concerns raised 

by Councillor Nutt were covered by conditions 7 and 13 of the Officer’s 

report. 

Resolved: 

That the application be granted, subject to the conditions set out in the 

officer’s report and, additional conditions concerning waste recycling 

and recreational facilities. 

808 Having declared a personal and prejudicial interest, Councillor K Ellis 

left the Chamber for consideration of the following item. 


Location: Biggin Lane Garage, Nanny Lane, Church Fenton 

Proposal: Erection of 13 apartments and associated works. 


The Planning Officer informed Councillors that no further details had been 

received. Timescales involved meant new plans could not be addressed in 

time. A letter had been received from the applicants requesting further 

deferment. 

Councillors were informed that further deferment would take the application 

out of time. 


2 April 2008 

10

Resolved: 

That the application be refused. 

The reason for refusal were: 

• The proposed development by virtue of its footprint, mass, scale 

and height is considered to be detrimental to the form and 

character of the area contrary to Policies ENV1 and H6 (1) of the 

Selby District Local Plan. 

Councillor K Ellis returned to the Chamber. 

809 Application: 2007/1483/MAJ 

Location: Bowman’s Mill, Selby Road, Whitley 

Proposal: Erection of warehouse, bagging plant, processing tower, 

tanker loading bay, eight silos and associated works 


The Principal Planning Officer informed councillors that the application 

sought to extend the existing flourmill. Design, layout and materials were in 

keeping with the existing buildings. Access, parking and turning facilities 

were adequate. 

Resolved: 


officer’s report. 


Location: 37 Low Street, Sherburn In Elmet 

Proposal: Conversion, extension and new build to create residential 

development for five dwellings 


The Planning Officer updated councillors that 2 conditions were to be added 

to the report relating to waste recycling and a developers contribution 

towards recreational facilities. 

Resolved: 

That the application be granted, subject to the additional conditions 

concerning waste recycling and recreational facilities. 


2 April 2008 

11


Location: Land at Weeland Road, Kellingley, Knottingley 

Proposal: Proposed erection of 5 dwellings (3 detached houses and a 

pair of semi detached houses). 


The Principal Planning Officer updated councillors that Yorkshire Water had 

removed their objection as the revised scheme addressed concerns over a 

sewer, which crosses the site. Environmental Health had made no comment 

on the revised scheme. Two further letters of objection had been received 

and Beal Parish Council stated concerns over access and drainage issues. 

Resolved: 




Location: Land at Gowdall Road, Hensall 

Proposal: Erection of a 70m high meteorological mast for a period of 

36 months. 


The Principal Planning Officer had nothing to add to the report. 

Resolved: 



813 Application: 2007/1397/OUT 

Location: 2 York Road, Riccall 

Proposal: Outline application for the erection of a single dwelling and 

garage including means of access on land adjacent 


The Planning Officer informed councillors the application was for outline 

permission. Objections from the Drainage Board would be dealt with by 

conditions and details would be considered in a future reserved matters 

application. 

The Chair informed councillors that, it was the officer’s view, they consider 

the application as having a neutral impact on the Conservation Area. 


2 April 2008 

12

Resolved: 




Location: 81 Dane Avenue, Thorpe Willoughby 

Proposal: Application for the conversion of single domestic garage to 

dog grooming salon. 


The Principal Planning Officer updated councillors that Environment Health 

had no objection to the application. 

Resolved: 



815 Planning Enforcement Sub-Group 

The Head of Service informed councillors that the Planning Enforcement 

Sub-Group had been operating for almost two years. The remit of the group 

had been reviewed in June 2007. 

Councillors were requested to nominate members of the Sub-group and to 

agree it continued to operated on a bi-monthly basis for a further 12 months. 

Resolved: 

That the group continues with its agreed remit for a further 12 months 

and the membership of the group be 

Councillor I Chilvers 

Councillor J Deans 

Councillor D Mackay 

Councillor J Mackman 

Councillor B Marshall 

816 Private Session 

Resolved: 

That in accordance with Section 100(A)(4) of the Local Government Act 

1972, in view of the nature of the business to be transacted, the 

meeting be not open to the Press and public during consideration of 


2 April 2008 

13

the following items as there will be a disclosure of exempt information 

as defined in Section 100(1) of the Act as described in paragraphs 3 & 

5 of Part 1 of Schedule 12A to the Act. 

817 Additional Item - Hazelwood Equestrian Centre, Stutton. 

The Head of Legal and Democratic Services presented a report to 

councillors advising them of the outcome of the High Court hearing on the 14 

March 2008 and requested the committee to consider the District Council’s 

position in respect of the issuing of enforcement notices. 

Resolved: 

That the present position of this case be noted. 

818 Additional Item – Appeal at Foxhill Lane and Croft Farm, Appleton 

Roebuck 

The Chair updated councillors on the two recent cases. Following a two-day 

Inquiry, the appeal of Foxhill Lane had been allowed and costs had been 

awarded against the District Council. 

In regards to Croft Farm at Appleton Roebuck, the Council had been 

informed that a complaint may be made to the ombudsman. 

Resolved: 

That the present position of these cases be noted. 

The meeting closed at 5.54pm. 


2 April 2008 

14

N 

W 

E 

APPLICATION SITE 

Item No: 

Address: 

Tunstall Telecom, Whitley Lodge, Selby Road, Whitley 

2007/1406/MAJ 

This map has been reproduced from the Ordnance Survey mapping with the permission of Her Majesty's stationary office. © Crown copyright. 

Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Selby District Council: 100018656 

15 

S

APPLICATION 

NUMBER: 

8/42/47W/PA 

2007/1406/MAJ 

PARISH: 

Whitley Parish Council 

APPLICANT: 

PROPOSAL: 

LOCATION: 

McInerney Homes VALID DATE: 11 December 2007 

Yorkshire 

EXPIRY DATE: 11 March 2008 

Erection of residential development comprising of sixteen units within two 

apartment blocks, forty six dwelling houses and associated works 

Tunstall Telecom 

Whitley Lodge 

Selby Road 

Whitley 

Goole 

North Yorkshire 

DN14 0HR 

DESCRIPTION AND BACKGROUND 

This application seeks full planning consent for the erection of 62 dwellings comprising a 

mixture of detached, semi-detached and terraced houses and apartments. The site area 

is 2.02 hectares and the proposal would therefore result in a density of approximately 30 

dwellings per hectare. 

The application also provides a footpath link to the main road, an equipped play area and 

two areas of public open space. To the east of the site is a pumping station with access 

for maintenance vehicles. 

Due to the size of the development an affordable housing plan showing 40% affordable 

housing provision has been submitted in accordance with the Council’s Developer 

Contributions Supplementary Planning Document. 

The application site is located within the village of Whitley, to the south of Selby adjacent 

to the M62. Whitley consists of two distinct areas of development with the A19 running 

north to south through the village. The village is predominantly residential, however it also 

comprises a public house, school and church. 

The site is located in the northern part of Whitley adjacent to the motorway with access 

directly onto the A19. The site is a large area of open land with substantial tree cover both 

on the perimeter and within the site. To the east of the site is Whitley Lodge, a large 

commercial building previously used as residential accommodation with substantial 

grounds. To the south east is a small vacant cottage previously linked to the lodge and 

later used for employment use. The lodge itself has been converted into employment use 

with two access roads converging on the entrance to the site. The site has two distinctive 

areas; the western side is occupied by the large building used for employment with large 

areas of parking to the front and access roads leading to the site. Immediately to the 

south of the Lodge is a dense area of trees which the roads run round. To the east of this 

area is a substantial area of land which comprises open grassland and a number of trees 

and shrubs, covered by a blanket Tree Preservation Order. The site is mostly surrounded 

by, but not in the Green Belt. 

16

PLANNING HISTORY 

The application site has had numerous applications made in the past for developments in 

relation to the employment use on the site and previous applications made in 2005 and 

2006 for residential developments. 

2006/1029/FUL – Residential Development (71 dwellings) – Refused 26.07.2007 

2005/1494/FUL – Residential Development (89 dwellings) – Withdrawn 22.03.2006 

The most recent application was refused by the Planning Committee on the following 

grounds: 

1. The proposed development by virtue of the numbers, scale and location of the 

buildings would result in the inappropriate loss of a significant area of curtilage 

to Whitley Lodge which would detract from the character of the site and the 

wider area, contrary to Policy H6 of the Selby District Local Plan. 

2. The proposed development would result in the loss of mature protected trees on 

the site and therefore would have a detrimental impact on the character of the 

site and the wider area. As such the proposal would not provide a good quality 

of development contrary to Policy ENV1 of the Selby District Local Pan and the 

guidance contained within Planning Policy Statement 1: Delivering Sustainable 

Development. 

3. The proposed development, by virtue of construction activities, general ground 

disturbance and compaction would damage the roots of trees that would remain 

on site, resulting in their premature demise to the detriment of the character and 

visual amenity of the site and its locality. In this respect the proposal would not 

provide a good quality of development contrary to Policy ENV1of the Selby 

District Local Pan and the guidance contained within Planning Policy Statement 

1: Delivering Sustainable Development. 

The site has a number of trees located along the front boundary and within the site, all of 

which are protected under the following Tree Preservation Orders: 

TPO 4/1981 – Row of Beech, Poplar, Sycamore, Ash, Lime and Elm located to the front of 

the site. 

TPO16/2006 – A blanket Order covering all of the trees on the site. 

CONSULTATIONS 

PARISH COUNCIL – The Parish Council object to the development on the following 

grounds: 

1) The amended scheme will still result in the inappropriate development of this 

site. A development of 62 dwellings in Whitley will be the largest to date and 

represents a 20% increase in the village. 

2) The revised scheme will result in the loss of a substantial number of trees. 

3) Loss of trees in terms of visual amenity, wildlife habitat and the role of trees in 

reducing carbon dioxide. 

4) Development is not sustainable / not carbon neutral. 

17

5) Concerns regarding single access onto A19, potential congestion and traffic 

speeds. 

6) Amenity for future residents due to noise from A19 / M62. 

7) Lack of school places. 

8) 3 storey apartment blocks are urban not suitable in village of Whitley. 

9) Lack of emergency exit. 

10) Poor public transport service / development will increase commuter traffic. 

A further objection has been submitted on behalf of the Parish Council by The Land and 

Development Practice details of which are summarised below: 

1) PPS3 makes it clear that “there is no presumption that land that is previously 

developed is necessarily suitable for housing development nor that the whole of 

the curtilage should be developed” 

2) Despite being a H6 settlement, Whitley has a very poor level of services and 

dependency on private transport is high. Site is therefore in an unsustainable 

location. 

3) Given the oversupply of housing in the district, developments of this scale 

should be located in one of the larger more sustainable settlements. 

4) It is still proposed to remove 248 trees which contribute to amenity and wildlife 

habitat. Ecology report is two years old. Future occupiers are likely to want to 

remove retained trees to improve light and prevent damage to property etc. 

5) 3 storey apartments are out of character with village and would be sited in a 

visually prominent position. 

6) POS in north eastern corner would have little natural surveillance creating 

potential for anti-social behaviour. 

7) Lack of emergency access, increased traffic, lack of safe crossing point. 

8) Negative impact on Whitley Lodge and need for archaeological trial trenching 

require further consideration. 

9) Financial viability of the scheme should not be used to justify number of units. 

LOCAL HIGHWAY AUTHORITY: 

No response has been received. Councillors will be updated at Committee. 

HIGHWAYS AGENCY: 

No response has been received to this application. However the Highways Agency 

previously raised no objections in principle subject to the views of the local highway 

authority. 

YORKSHIRE WATER: 

No objections. 

ENVIRONMENT AGENCY: 

No objection subject to conditions relating to flood risk, drainage and contamination. 

WENT INTERNAL DRAINAGE BOARD: 

No objection subject to a condition relating to surface water discharge arrangements. 

18

COUNTY ECOLOGIST: 

No objections are raised to the development subject to a number of issues being taken 

into account when drafting conditions. These include retaining trees and vegetation, 

details of any demolition work and details for dealing with bats should they be discovered 

during construction. Comment that surveys are out of date and recommend that a walk 

over survey is carried out prior to works commencing to ensure the ecological situation has 

not changed. 

AFFORDABLE HOUSING OFFICER: 

The scheme proposes 40% affordable housing units (24 out of 62 dwellings) in 

accordance with the Council’s current policy. 

PRINCIPAL ENVIRONMENTAL HEALTH OFFICER: 

Advise conditions in relation to noise, air quality and to minimise disturbance during the 

construction phase. 

TREES AND LANDSCAPE OFFICER: 

Raised concerns over the relationship between the trees and the dwellings and the 

reduction in light to dwellings. 

The play area is in excess of the required size although its use is partially restricted by the 

presence of a large tree. Also concerned that the play area is not over looked by dwellings 

and could be separated by high fences/walls limiting views of the area. Similar concerns 

are also relevant to the POS adjacent to plots 37-42. 

Conditions are recommended to minimise these concerns. 

PRIMARY CARE TRUST: 

Raise concerns with regard to GP services in this area. Advise a condition for a financial 

contribution towards improving the local GP surgery facilities. 

NORTH YORKSHIRE ARCHAEOLOGY DEPARTMENT: 

In order to assess the archaeological impact of the proposed development it is considered 

that that an archaeological evaluation should be carried out prior to determining the 

application in order to assess if the application is acceptable and ways to minimise 

damage to any archaeological remains. 

NORTH YORKSHIRE CHILDRENS SERVICE: 

Request a developer contribution towards primary school buildings. 

ECONOMIC DEVELOPMENT: 


19

NORTH YORKSHIRE POLICE: 

Comments and recommendations made in relation to crime prevention. 

NATURAL ENGLAND: 

No objection. 

NEIGHBOURS: 

Letters were sent to neighbouring properties and site and press notices have been posted. 

One letter has been received concerning proposed mitigation measures to prevent 

disturbance to the thriving Rookery contained within the site. 

POLICIES AND ISSUES: 

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 Regional Spatial Strategy for Yorkshire and The Humber (published on 1 December 

2004), Policy E8 of the North Yorkshire Structure Plan (Alteration No3) (adopted in 1995) 

and the Selby District Local Plan (adopted on 8 February 2005), policies as saved by 

direction of the Secretary of State January 2008. 

National Guidance 

PPS1 Delivering Sustainable Development 

PPS3 Housing 

PPS9 Biodiversity and Geological Conservation 

PPG13 Transport 

PPG16 Archaeology 

PPS25 Flood Risk 

Selby District Local Plan 

GB4 – Character and Visual Amenity of the Green Belt 

ENV1 – Control of development 

ENV2 – Environmental Pollution and Contaminated Land 

ENV21 – Landscaping Requirements 

ENV28 – Archaeological Remains 

H2A – Sustainable development 

H2B - Density 

H6 – Housing development in larger villages 

T1 – Highway Network 

T2 – Access 

VP1 – Parking Standards 

RT2 – Open Space Requirements 

CS6 – Developer Contributions to Infrastructure and Community Facilities 

Developer Contributions SPD 

The key issues are considered to be: 

20

i) Principle of Development 

ii) Access and Parking 

iii) Impact on the Green Belt and Character of the Area 

iv) Residential Amenity 

v) Developer Contributions 

vi) Impact on Trees and Wildlife 

vii) Archaeology 

viii) Other Matters 


The site is located within the defined development limits for Whitley, a H6 settlement 

identified as being capable of accommodating additional housing growth within the Selby 

District Local Plan. The site is currently occupied by a dwelling, large industrial unit and 

large area of open space with dense tree cover. 

Previously developed land is defined in Annex 2 of PPS3 as, 

‘That which is or was occupied by a permanent structure, including the curtilage of the 

developed land and any associated fixed surface infrastructure.’ 

The site was previously the private gardens of the Lodge and is currently used by 

employees as recreational space. The land has no physical division from the Lodge and 

has roads leading through it into the commercial parking area. Although there is a large 

area of landscaping and tree coverage, it is considered that the site is still utilised as 

curtilage to the Lodge, despite its commercial use. 

However, this does not mean that the whole area of the curtilage should therefore be 

redeveloped. Annex 2 further states, 

‘There is no presumption that land that is previously developed is necessarily suitable for 

housing development nor that the whole of the curtilage should be developed.’ 

The Parish Council has raised concerns over the use of all of the land for residential 

development. However, the site has been included within the defined development limits 

of Whitley, a designated H6 settlement within the Local Plan. The settlement is also inset 

from the Green Belt, further enhancing its suitability for development. Due to the allocation 

as an inset, within a H6 settlement it is considered that the principle of development on the 

whole site is acceptable. 

It is therefore considered that the proposal meets the requirements of PPS3 and Policy 

H2A of the Selby District Local Plan and would be acceptable in principle. 

ii) 

Access and Parking 

The application proposes to utilise the existing estate road servicing the adjacent 

commercial development. The applicants have provided a transport assessment by Bryan 

G Hall and also propose off site highway works, including the installation of an additional 

lane to enable vehicles to wait in the road when accessing the site. No consultation 

response has been received from the Local Highway Authority on the current application. 

However following consultation on the previous application the Highway Officer raised 

21

concerns over the emergency link and the retention of it and visibility splays exiting the 

site. However, notwithstanding this the Highways Officer raised no objections to the 

proposed development subject to the imposition of conditions on any planning permission 

granted with regard to parking facilities and the off site highways works. 

The internal road network is considered to be acceptable and off street parking is provided 

in line with the Council’s adopted car parking standards. It is therefore considered that the 

application is in accordance with Policies T1, T2, VP1 and H6 (3). 

iii) 

Impact on the Green Belt and Character of the Area 

Whitley is a settlement which is inset from the Green Belt, therefore the site itself is not 

considered to be located within the Green Belt. As the site is located adjacent to an area 

of Green Belt, the development must be assessed against the guidance contained in 

Policy GB4, which requires the development not to be detrimental to either the open 

character or the visual amenity of the Green Belt. 

The site is surrounded by tree coverage and has a number of existing properties within it. 

Due to the current screening and backdrop created by the trees and the large industrial 

property it is not considered that the new residential development would have a 

detrimental effect on the openness or visual amenity of the surrounding Green Belt. 

Whitley is divided into two sections; the southern part is a long linear settlement running 

north to south with predominantly residential development on both sides of the road. The 

northern part is the smaller of the two with development on the eastern side taking place at 

Whitley Farm and the remaining residential development on the west. 

The majority of residential development is currently situated in the southern part of the 

village in a predominantly linear form with newer estates being developed. The area for 

the proposed development is a large area of land on the most northerly part of the 

settlement adjacent to the M62. 

The layout of Whitley is predominantly linear, however due to the defined development 

limit there are pockets of development on the northern part, including Whitley Farm and 

this area of land. The use of the application site for housing would continue the pattern of 

development in the north, therefore not having a detrimental impact on the form and 

character of the settlement. 

Following a recent refusal on the site the number of dwellings has been reduced from 71 

to 62 thereby reducing the overall gross density from 35 dwellings per hectare to 30 

dwellings per hectare. A minimum net density of 30 dwellings per hectare is generally 

required in order to ensure the efficient use of land in accordance with Policy H2B of the 

Local Plan and PPS3. The Policy does however envisage that lower densities will only be 

acceptable where there is an overriding need to safeguard existing form and character. 

Concerns have been raised regarding the proposed three storey apartments being urban 

in nature and inappropriate in a rural village. The site is located on the edge of the 

settlement in a relatively isolated position therefore having limited impact on the character 

of the settlement. Due to the large tree coverage on site and the retention of a number of 

these trees, a mix of housing is required to ensure a satisfactory density of development 

can be achieved. The use of terraced properties and apartments ensures that a density of 

30 dwellings per hectare is achieved, whilst ensuring that a number of trees are retained 

22

on the site. Other recent housing developments in Whitley include dwellings of a similar 

scale, height and design without the benefit of substantial mature tree screening to soften 

their appearance. 

It is therefore considered that the development would not have a detrimental effect on 

either the visual amenity of the Green Belt or the character of the area in accordance with 

Policies GB4 and H6 (1) of the Selby District Local Plan. 

iv) 

Residential Amenity 

The site is located adjacent to an existing employment use and has no residential 

properties in the immediate vicinity. However, the issue of residential amenity must be 

assessed in terms of the effect of the new properties on each other. 

The layout of the proposed development has been designed in such a way that it ensures 

there are sufficient spaces between dwellings to ensure no overshadowing or overlooking 

and the design ensures none of the properties will be over dominating on residents within 

the site. 

The retention of existing trees, new landscaping and the provision of public open spaces 

and an equipped play area within the site compensate for the lack of private amenity 

space available to future residents of the proposed apartments. 

Whilst the trees may reduce the level of natural light to some of the proposed dwellings 

this is not considered to be a significant issue that would justify refusal of the proposed 

development. 

The site is located adjacent to an existing employment use, which has large amounts of 

vehicle movements, including large delivery vehicles. However, due to the access 

arrangements and the majority of external operations occurring on the opposite side of the 

Lodge, it is considered that the two uses can be located in close proximity. 

There is also potential for noise nuisance and poor air quality due to the close proximity of 

the site to both the A19 and the M62. 

However, no objections have been raised by Environmental Health and it is therefore 

considered that subject to conditions the proposal would be acceptable in terms of 

residential amenity. 

v) Developer Contributions 

Due to the size and scale of the proposed development a number of developer 

contributions are required, specifically, affordable housing, recreational open space, waste 

and recycling facilities and contributions to the Primary Care Trust and Childrens service. 

The proposal shows one LEAP (Locally Equipped Area of Play) site and two areas of 

Public Open Space. The Parks and Leisure Officer has confirmed that the area of open 

space provided is acceptable in terms of size. Some concerns have been raised regarding 

the positioning of the LEAP due to a large tree which could limit the use of the site and 

lack of natural surveillance. 

23

However, it is considered that these concerns could be mitigated by conditions to agree 

boundary treatment etc. 

As the proposed development exceeds the 15 dwelling threshold, affordable housing is 

required as part of the application. Policy H4 sets out that a precise amount and mix of 

market and affordable housing should be provided in each case based on negotiations, 

taking into account local need, size, suitability and the economics of provision. In line with 

the Councils Supplementary Planning Document on Developer Contributions this 

negotiation should be based around 40% of dwellings being affordable 

An affordable housing plan has been finalised with the Council’s Affordable Housing 

Officer, which provides a 40% provision, constituting 50% discounted for sale and 50% 

available for rent in accordance with the Council’s policy. The affordable units would 

comprise 14 two bed flats, 4 two bed houses and 6 three bed houses. The partner RSL is 

South Yorkshire Housing Association and they have confirmed they are happy with the 

affordable housing units proposed. 

Financial contributions towards the provision of waste and recycling facilities, maintenance 

of open space, £314.69 per household in relation to health facilities and a sum of £183,200 

towards education facilities at Whitley and Eggborough Primary School would also be 

secured by a S106 agreement. 

The proposals are therefore considered acceptable in principle subject to a condition to 

provide for the payment of the developer contributions in accordance with the Council’s 

Supplementary Planning Document on Developer Contributions. 

vi) 

Impact on Trees and Wildlife 

The site contains a number of existing trees which are subject to Tree Preservation 

Orders. The applicant submitted a detailed arboricultural report assessing the viability of 

the trees and any future effects that the development of the site may have. 

In order to ensure that future occupants do not apply for the removal of the Tree 

Preservation Order the trees are to be omitted from the private amenity areas and retained 

in the control of the developer in the form of a management plan. This will be a scheme 

paid into by the residents for the upkeep and maintenance of the trees to ensure they are 

maintained and do not create conflict with the dwellings. Subject to a condition for details 

of the management scheme to be agreed it is considered that the application is in 

accordance with Policy ENV21. 

The site is not a designated nature conservation area and is not known to support any 

species protected under British or European law. 

The applicant submitted an ecological survey carried out by BE Brookes Ecological Ltd. 

This survey included both a desk study demonstrating that the site is not locally or 

nationally designated and a field survey to assess any species within the site. The field 

survey confirmed that the application site is of relatively low value due to its numerous 

man made features. Due to the moderate potential for the house to contain bats a 

separate study was carried out which confirmed that there is no evidence of bats in the 

area. Further to this the two ornamental ponds were not found to contain great crested 

newts and subject to the retention of some tree coverage and conditions for vegetation 

clearance during the bird breeding season it is not considered that the development would 

24

have a detrimental impact on nature conservation. This position was confirmed by Natural 

England and the North Yorkshire County Ecologist who raised no objections to the 

proposed development subject to conditions to implement the mitigation strategies outlined 

in the ecology report. 

vii) 

Archaeology 

On sites where there is the potential for archaeological remains, Policy ENV28 states, 

‘Where development proposals affect sites of known or possible archaeological interest, 

the District Council will require an archaeological assessment/evaluation to be submitted 

as part of the planning application’ 

In order for the District Council to make a reasonable and informed decision PPG16 also 

advocates that an archaeological investigation to be undertaken by a developer before a 

decision is made by the Local Planning Authority. 

The information included with the planning application was assessed by North Yorkshire 

Archaeology and considered insufficient to evaluate the exact extent of remains on site. It 

was therefore requested that further investigation on site be carried out prior to the 

application being determined. However, upon previous negotiation between the developer 

and North Yorkshire County Council it was agreed that trial trenching could be conditioned 

as part of any planning approval without setting a precedent for other such developments. 

The application is therefore considered acceptable in accordance with Policy ENV28 of the 


viii) 

Other Matters 

Yorkshire Water, the Drainage Board and the Environment Agency have raised no 

concerns over drainage or flooding subject to conditions. 

The site has sufficient space to accommodate refuse storage within the site. 

The applicants have submitted a contamination report on the site, carried out by Encia. 

This report has been assessed by the Council’s Contaminated Land Officer who raises no 

objections subject to a condition for further testing on specific areas of the site prior to 

commencement. 

CONCLUSION: 

The application site is located on previously developed land within the defined 

development limits of Whitley. Whitley is inset from the Green Belt and allocated as a H6 

settlement, therefore the principle of development is firmly established. The site is in an 

area with no consistent house type or design and the mix of housing is considered 

appropriate to facilitate a suitable density whilst maintaining tree coverage within the site 

and on the boundary. Having had regard to the development plan, all other relevant local 

and national policy, letters of representation, consultation responses and all other material 

planning considerations, it is considered that the proposal would not have a detrimental 

effect on residential amenity or highway safety. Further to this a scheme is to be 

implemented to protect the trees on site and conditions to protect any archaeological 

remains or nature conservation interests. The applicants have provided details of 

affordable housing to be provided in conjunction with contributions for recycling facilities, 

25

health and education provision and on site POS is provided. The proposed development 

is therefore considered to be in accordance with the relevant policies and guidance as set 

out above. 

RECOMMENDATION: 

This application is recommended to be Granted subject to the following conditions and 

reasons: 

1 The development for which permission is hereby granted shall be begun within a 

period of three years from the date of this permission. 

Reason: 

In order to comply with the provisions of Section 51 of the Planning and Compulsory 

Purchase Act 2004. 

2 No development shall take place until a programme of archaeological work has 

been secured in accordance with a written scheme of investigation that has been 

submitted by the applicant and approved in writing by the Local Planning Authority. 

The development shall thereafter proceed in accordance with the guidelines 

contained in the evaluation and to an approved timescale. 

Reason: 

To ensure that any archaeological remains present are preserved, either by being 

left in situ or recorded before they are damaged or destroyed. 

3 Prior to the commencement of development details of the materials to be used in 

the construction of the exterior walls and roof(s) of the development shall be 

submitted to and approved in writing by the Local Planning Authority, and only the 

approved materials shall be utilised. 

Reason: 

In the interests of visual amenity and in order to comply with Policy ENV1 of the 


4 Prior to the commencement of development details of the means of site enclosure, 

including that of private gardens and open spaces, shall be submitted to and agreed 

in writing by the Local Planning Authority. The means of enclosure shall be 

constructed in accordance with the approved details prior to the development being 

brought into beneficial use and thereafter shall be maintained as such. 

Reason: 

To safeguard to the rights of control by the Local Planning Authority in the interests 

of amenity and in order to comply with Policy ENV1 of the Selby District Local Plan. 

26

5 No development shall take place until details of the proposed means of disposal of 

foul and surface water drainage, including details of any balancing works and offsite 

works, have been submitted to and approved in writing by the Local Planning 

Authority. The approved scheme shall be implemented prior to the occupation of 

the first dwelling and shall be retained throughout the lifetime of the development. 

Reason: 

To ensure that the development can be properly drained, having had regard to 

Policy ENV1 of the Selby District Local Plan. 

6 Unless otherwise agreed in writing by the Local Planning Authority, no building or 

other obstruction shall be located over or within 3.0 metres either side of the centre 

line sewer, which crosses the site. 

Reason: 

In order to allow sufficient access for maintenance and repair work at all times. 

7 No piped discharge of surface water from the application site shall take place until 

works to provide a satisfactory outfall for surface water have been completed in 

accordance with details to be submitted to and approved by the Local Planning 

Authority before development commences. 

Reason: 

To ensure that the site is properly drained and surface water is not discharged to 

the foul sewerage system, which will prevent overloading. 

8 Prior to the commencement of the development hereby permitted, the following 

drawings and details shall be submitted to, and shall have been approved in writing 

by the Local Planning Authority in consultation with the Local Highway Authority: 

i) Detailed plans to a scale of not less than 1:500 showing the proposed 

highway layout, including dimensions of carriageway, footway, verge widths and 

visibility splays, the proposed buildings and site layout, the proposed floor levels, 

driveways and the drainage and sewerage system; 

ii) Longitudinal sections to a scale of not less than 1:500 horizontal and not less 

than 1:50 vertical along the centre line and channel lines of each proposed road 

showing the existing ground level and proposed road level, and full details of 

surface water drainage proposals. 

iii) A typical highway cross-section to scale of not less than 1:50 showing a 

specification for the types of construction proposed for carriageway and 

footways/footpaths and when requested cross sections along the proposed roads 

showing the existing and proposed ground levels; 

iv) 

Details of the method and means of surface water disposal. 

v) Details of all proposed street lighting. 

27

vi) Drawing for the proposed new roads and footway/footpaths giving all 

relevant dimensions for their setting out including reference dimensions to existing 

features. 

No road works shall commence on site prior to the written approval of these details 

by the Local Planning Authority. 

The development shall thereafter not be carried out otherwise than in full 

compliance with the approved drawings and details. 

NB: In imposing the above condition it is recommended that before a detailed 

planning submission is made a draft layout be produced and be the subject of a 

discussion between the applicant, the Local Planning Authority and the Local 

Highway Authority and the Local Highway Authority in order to avoid abortive work. 

The agreed drawings must finally be approved by the Local Planning Authority for 

the purpose of this condition. 

Reason: 

To secure an appropriate highway, construction to an adoptable standard, in the 

interests of highway safety and the amenity and convenience of highway users in 

accordance with Policy ENV1 of the Selby District Local Plan. 

9 No dwelling to which this planning permission relates shall be occupied unless or 

until the carriageway and any footway/footpath from which it gains access is 

constructed to basecourse macadam level and/or block paved and kerbed and 

connected to the existing highway network with street lighting installed and in 

operation. 

The carriageway and footway/footpath wearing courses and street lighting shall be 

completed within three months of the date of commencement of construction of the 

penultimate dwelling of the development of within two years of the laying of the 

basecourse whichever is sooner, unless otherwise agreed in writing with the Local 

Planning Authority. 

Reason: 

To ensure safe and appropriate access and egress to the properties, in the interests 

of highway safety and the convenience of prospective residents to accord with 

Policy ENV1 of the Selby District Local Plan. 

28

10 No dwelling shall be occupied until parking space(s) of a size not less than 4.8 

metres x 2.4 metres, including one garage or a car parking space capable of 

accommodating a garage have been provided in accordance with the standards set 

out in the North Yorkshire County Council Parking Design Guide within the curtilage 

of that dwelling or in an alternative convenient location approved in writing by the 

Local Planning Authority. Any garage shall then be positioned a minimum of 6 

metres back from the highway boundary. Once created these parking and garaging 

areas shall be maintained clear of any obstruction and retained for their intended 

purpose at all times. 

Reason: 

To provide for adequate and satisfactory provision of off-street accommodation for 

vehicles generated by occupiers of the site and visitors to it, in the interest of safety 

and the general amenity of the development and to accord with Policy ENV1 of the 


11 Notwithstanding the provisions of the Town and Country Planning General 

Permitted Development Order 1995, or any subsequent Order, the garage(s) shall 

not be converted into habitable room(s) without the express written approval of the 

Local Planning Authority. 

Reason: 

To ensure the retention of adequate and satisfactory provision of off-street 

accommodation for vehicles generated by occupiers of the dwelling and visitors to 

it, in the interest of safety and the general amenity of the development and to 

accord with Policy ENV1 of the Selby District Local Plan. 

12 Prior to development commencing a scheme providing a mechanism for the 

provision and retention of affordable housing, as outlined on the applicants 

affordable housing plan, dated 20 March 2008 and plan reference 

McI:0012:AH:001D shall be submitted to and approved in writing by the Local 

Planning Authority. The development shall thereafter be carried out in accordance 

with the approved scheme. 

Reason: 

To secure the provision and retention of affordable housing in accordance with the 

Supplementary Planning Document for Developer Contributions (March 2007). 

13 No development on the site shall be carried out until the necessary matters have 

been approved for the securing of developer contributions for waste and recycling 

facilities, in accordance with the Supplementary Planning Document for Developer 

Contributions (March 2007). 

Reason: 

In order to ensure compliance with the Selby District Local Plan and the 


29


been approved for the securing of developer contributions education and health 

care facilities, in accordance with the Supplementary Planning Document for 

Developer Contributions (March 2007). 

Reason: 




been approved for the securing of developer contributions for maintenance of the 

public open space facilities, in accordance with the Supplementary Planning 

Document for Developer Contributions (March 2007). 

Reason: 



16 The development shall be carried out in accordance with the approved Flood Risk 

Assessment by Encia Consulting Limited, report 9120/FRA1, dated Nov 2007, and 

shall incorporate all the proposed mitigation measures detailed in that FRA. 

Reason: 

So as to reduce the risk to the property in the event of flooding and to accord with 

PPS25. 

17 No development approved by this permission shall be commenced until a scheme 

for the provision and implementation of a surface water run-off limitation has been 

submitted to and approved in writing by of the Local Planning Authority. The 

scheme shall be implemented in accordance with the approved programme and 

details. 

Reason: 

To prevent the increased risk of flooding. 

18 If, during development, contamination not previously identified is found to be 

present at the site then no further development (unless otherwise agreed in writing 

with the Local Planning Authority) shall be carried out until the developer has 

submitted, and obtained written approval from the Local Planning Authority for, an 

amendment to the Method Statement detailing how this unsuspected contamination 

shall be dealt with. 

Reason: 

In case unexpected ground conditions are encountered. 

19 The development shall be carried out in accordance with the recommendations set 

out in the submitted ecological assessment. 

Reason: 

In order to minimise disturbance to wildlife. 

30

20 The residential units shall be constructed to a standard to ensure that the following 

internal noise levels are met. The internal noise levels achieved shall not exceed 

35 dB L Aeq (16 hour) inside the dwelling between 0700 hours and 2300 hours and 

30 dB L Aeq (8 hour) in the bedrooms between 2300 and 0700 hours. This standard 

of insulation shall be achieved with adequate ventilation provided. 

Construction shall not begin until a written scheme to demonstrate the above levels 

will be achieved has been submitted to and approved in writing by the Local 

Planning Authority. All works which form part of the scheme shall be completed 

before any part of the development is occupied. The works provided as part of the 

scheme shall be permanently retained and maintained as such except as may be 

agreed in writing by the Local Planning Authority. 

Reason: 

In the interests of residential amenity for future occupiers of the development. 

21 The residential units shall be constructed to ensure that the noise level in private 

garden areas meet the noise levels below. The scheme shall ensure that the noise 

level in the gardens of the proposed properties shall not exceed 50 dB L Aeq (16 

hours) between 0700 hours and 2300 hours and all works which form part of this 

scheme shall be completed before any part of the development is occupied. 

Construction shall not begin until a written scheme to demonstrate the above level 

will be achieved has been submitted to and approved in writing by the Local 

Planning Authority. All works which form part of the scheme shall be completed 

before any part of the development is occupied. The works provided as part of the 

scheme shall be permanently retained and maintained as such except as may be 

agreed in writing by the Local Planning Authority. 

Please note that the amenity areas specified adjacent to the apartment units are not 

considered as private garden area and therefore, are not subject to the 

requirements of this condition. 

Reason: 


22 Prior to construction commencing the following shall be completed: 

Monitoring and assessment of air quality shall be carried out by the developer 

according to a scheme to be agreed in writing by the Selby District Council. 

The results of the agreed scheme shall be submitted to Selby District Council 

together with any mitigation measures that the developer may recommend. 

The mitigation measures to be carried out shall be agreed in writing by Selby 

District Council. Construction shall be carried out in line with the agreed scheme 

and the mitigation measures employed throughout the life of the development. 

Reason: 


31

23 After the development has been completed air quality monitoring shall be carried 

out by the developer in accordance with a scheme agreed with and submitted in 

writing to Selby District Council. 

Reason: 


24 All works and ancillary operations which are audible at the site boundary, or at such 

other place as may be agreed with the Council, shall be carried out only between 

the hours of 8am and 6pm on Mondays to Fridays and between the hours of 8am 

and 1pm on Saturdays and at no time on Sundays and Bank Holidays. 

Reason: 

In the interests of amenity 

25 Construction or demolition work shall not begin until a programme has been agreed 

in writing with Local Planning Authority to protect the amenity of the neighbouring 

residents. 

Reason: 


26 Any delivery, loading and unloading of goods and vehicle movements related to the 

proposed development shall be restricted to the hours of 8am to 6pm Monday to 

Friday; and 8am to 1pm on Saturdays with no deliveries on Sundays and Bank 

Holidays. 

Reason: 


27 Landscaping shall be completed in accordance with the submitted details in 

accordance with a timescale to be submitted to and agreed in writing by the LPA 

prior to the commencement of the development and all trees to be retained shall be 

protected throughout the construction phase of the development in accordance with 

BS 5837 (2005). 

Reason: 

In the interests of visual amenity and tree protection. 

28 A management plan shall be submitted to and agreed in writing by the LPA in 

relation to the future retention and maintenance of the trees. 

Reason: 

In order to ensure the long term protection and well being of the trees. 

32

N 

W 

E 


Item No: 

Station Road, Carlton 

33 

S

APPLICATION 

NUMBER: 

8/29/303/PA 

2008/0052/FUL 

PARISH: 

Carlton Parish Council 

APPLICANT: Mrs Liz Hutchinson VALID DATE: 

5 February 2008 

PROPOSAL: 

LOCATION: 

EXPIRY DATE: 1 April 2008 

Erection of a single-storey building to facilitate Carlton Playgroup and 

other uses 

Proposed Playgroup 

Station Road 

Carlton 

Goole 



This application seeks full planning consent for the erection of a new building to be used 

as a playgroup. 

Carlton Playgroup is currently situated in the village hall and opens 5 mornings and 2 

afternoons per week. Playgroup equipment has to be set up and packed away on a daily 

basis, storage is limited and temporary fencing has to be erected prior to outdoor play. 

The proposed new building would be purpose built for the playgroup and would enable 

them to provide 5 full days and holiday clubs. This is not possible in the village hall due to 

other activities which take place there. 

The proposed building would measure 15m x 12.5m x 2.8m high to the eaves and 6m high 

to the ridge and would comprise a large open room, one smaller room, kitchen, cloaks, 

storage, toilets and office/staff room. The building would be constructed from interlocking 

laminated timber sections and would have a tiled roof. 

The site is located at the northern end of Carlton village on the eastern side of Station 

Road. Carlton Holy Family RC Secondary School is located to the north of the site, 

Carlton Primary school playing field is to the east, there are dwellings along the frontage of 

Station Road to the south and agricultural land across the road to the west. 

The land currently forms part of the primary school playing field which is underused due to 

limited visibility of the area from the school itself. 

It is proposed to provide a footpath between the primary school and the playgroup that 

would run along the rear of properties on Station Road. A new vehicular access would be 

created from Station Road and a parking and turning area would be provided at the front of 

the building. 

PLANNING HISTORY 

There is no planning history on this site. 

35

CONSULTATIONS 

PARISH COUNCIL – No reply received. 

HIGHWAY AUTHORITY – No objection but advise conditions relating to verge crossover; 

details of parking; mud on highway; and on site construction compound. 

SELBY AREA IDB – No observations. 

YORKSHIRE WATER – Advise conditions relating to protection of sewer and details of 

foul and surface water drainage. 

SPORT ENGLAND – No objection. The application has been assessed in the light of its 

Playing Field policy and since the site does not form part of a playing pitch and it would not 

have an adverse impact on an existing pitch; Sport England raise no objection. 

PUBLICITY – Neighbours have been consulted by letter and a site notice has been 

posted. 14 letters of support and 5 letters of objection have been received. 

A summary of the objections are as follows: 

• Increased traffic on fast busy road / congestion from vehicles waiting to turn into 

site. 

• Proposed hours of use and other activities would affect amenity of adjacent 

residents. 

• Proposed footpath link to rear of residential properties causes security, privacy and 

amenity concerns. 

• Unsuitable location for young children/toddlers, should be in centre of village or 

adjacent to primary school. 

• Loss of playing field. 

• Insufficient parking on site will result in roadside parking. 

• Danger to pedestrians crossing site access particularly children walking to nearby 

secondary school. 

• Station road is too dangerous for cycling especially for children. 

• Increased traffic and parking on Townend Avenue. 

• Scale, design and materials of building not in keeping with area. 

• Windows would overlook 1 Station Road. 

• Location of proposed trees could affect drains and foundations of 1 Station Road. 

• Southern boundary hedge belongs to 1 Station Road. 

• Village hall will suffer from loss of income. 

A summary of the grounds of support are: 

• Area available to outside groups is limited which will prevent use by large numbers 

of people and disturbance to neighbours. 

• Building will be eco friendly promoting positive environmental issues to children. 

• Building is being planned specifically with children in mind. 

• Benefits to children and local community. 

• Improving links between playgroup and primary school will ease transition for 

children. 

36

• Current village hall playgroup does not meet needs of children and is unsuitable due 

to maintenance problems, heating, outside play restrictions etc. 

• Employment benefits. 

• Out of School facility will provide wrap around care promoted by government. 

• Convenience for families with pre school and primary school children. 

• Building would be single storey and pleasing to the eye having little impact on 

adjacent properties. 




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 Regional Spatial Strategy for Yorkshire and The Humber (published on 1 December 

2004), Policy E8 of the North Yorkshire Structure Plan (Alteration No3) (adopted in 1995) 

and the Selby District Local Plan (adopted on 8 February 2005), policies as saved by 

direction of the Secretary of State, dated January 2008. 

The site is located within the development limits of Carlton and the following policies are 

considered to be relevant to this proposal: 

Selby District Local Plan 

ENV1 Control of Development 

T1 Highway Network 

T2 Access to Roads 

VP1 Vehicle Parking Standards 

CS3 Children’s Nurseries 

Key Issues 


ii) Access and Parking 

iii) Design and Scale 

iv) Residential Amenity 


Policy CS3(1) of the Local Plan states that new childrens nurseries should be situated 

within the defined development limits or within existing school or college sites. The 

proposed new building would comply with this part of the policy due to its location both 

within the development limits of Carlton and within the grounds of the existing primary 

school. 

The proposal is therefore considered to be acceptable in principle. 

ii) 

Access and Parking 

It is proposed to create a new access to the site off Station Road in accordance with the 

Local Highway Authority’s standards. 

37

A car park providing 10 spaces plus an additional 2 disabled parking spaces and turning 

space would be provided at the front of the building. 

Concerns have been raised by locals with regards to highway safety due to Station Road 

(A1041) being a busy road with a 40mph speed limit which is generally exceeded by 

motorists. Increased traffic, congestion from vehicles waiting to turn into the site and 

roadside parking are the main cause of concern. 

However, the Highway Authority have raised no objections subject to conditions and the 

proposed parking provisions are in accordance with the standards set out in the Local 

Plan. 

The proposal is therefore considered to be acceptable in terms of highway safety and 

parking requirements. 

iii) 

Design and Scale 

The proposal has received mixed responses from members of the public in terms of its 

scale, design and materials. 

Whilst the footprint of the building would be larger than that of nearby dwellings it would be 

no greater than that of other nearby commercial buildings such as the garage and the 

adjacent primary and secondary schools. In terms of height the building would be single 

storey with a ridge height of approx 6m which would be lower than that of adjacent 

buildings. Given the size of the site it is not considered that the proposal would constitute 

over development. 

The building, that would be single storey with a pitched roof, would be constructed using 

laminated timber panels. This method of construction is quicker to build and is more eco 

friendly than using traditional methods. Whilst timber buildings are not common within the 

village it is considered, that given the edge of settlement location, that the building would 

not be detrimental to the character of the area. A condition to agree the colour of the 

building and roofing materials could be imposed on any approval given. 

The proposal is therefore considered to be acceptable in terms of scale and design. 

iv) 

Residential Amenity 

It is proposed to provide a footpath link between the primary school and the proposed 

playgroup which would run along the rear of properties on Station Road. It is also 

proposed to make the building available at evenings and weekends for other community 

uses such as further education, computer clubs, slimming clubs etc. It is not proposed to 

have a youth club as there already is one in the village. 

Concerns have been raised by local residents regarding the additional noise, loss of 

privacy and security particularly in relation to the hours of use, evening activities, traffic 

movements and the proposed footpath. 

Whilst it is inevitable that there will be an increase in traffic, many children are likely to be 

local and/or have siblings that attend adjacent schools. In nurseries, drop off and 

collection times also tend to vary for each child unlike with schools where all the children 

start and finish at the same time. 

38

Schools and nurseries are generally located within residential areas in towns and villages, 

without cause for concern and are increasingly used for out of school activities. 

Occupiers of the immediately adjacent residential property, 1 Station Road, have raised 

concerns regarding overlooking. The proposed building would be located approximately 

5m from the boundary of 1 Station Road which comprises a hedge approx 1.8m high. It 

should be noted that the ground level of the site is lower than that of the adjacent 

dwellings. There are two ground floor and one first floor windows in the side elevation of 

No 1 Station Road. 

The proposed single storey building would be set back in the site, with the front of the 

building being beyond the rear of the dwelling at 1 Station Road, roughly in line with their 

garage. The new building would have four windows in the side elevation facing 1 Station 

Road, two of which would be to non-habitable rooms. As the windows would be at ground 

floor level and screened by the existing hedge and garage at 1 Station Road, it is not 

considered that there would be any overlooking. 

Tree planting is proposed to minimise the visual impact of the development on 1 Station 

Road, however the occupiers have objected to trees on the grounds that they may 

damage drains or foundations. This is considered to be unlikely subject to the use of 

suitable tree species; additionally consent is not required for the planting of trees. 

The proposed footpath link between the school and proposed playgroup would not be the 

sole or main means of access to the site and is only likely to be used around school 

opening and closing times. The land currently forms part of a playing field and it is 

considered unlikely that the footpath would create any significant increase in disturbance. 

The proposal is therefore considered to be acceptable in terms of residential amenity. 

CONCLUSION: 

The site is located within the grounds of an existing school within the development limits of 

Carlton. The proposal is considered to be acceptable in terms of parking, access and 

amenity and adequate outdoor space for children’s play can be provided. The site is 

located on the edge of the settlement and would not be detrimental to the character of the 

area by virtue of its scale and design. The proposal is therefore considered to be in 

accordance with the relevant policies as set out above. 


This application is recommended to be Granted subject to the following conditions: 

1 The development for which permission is hereby granted shall be begun within a 

period of three years from the date of this permission. 

Reason: 

In order to comply with the provisions of Section 51 of the Planning and Compulsory 

Purchase Act 2004. 

39

2 

Prior to the commencement of development details of the materials (including 

colour) to be used in the construction of the exterior walls and roof of the 

development shall be submitted to and approved in writing by the Local Planning 

Authority, and only the approved materials shall be utilised. 

Reason: 

In the interests of visual amenity and in order to comply with Policy ENV1 of the 


3 The development shall not be commenced until full details of the proposed vehicular, 

cycle, and pedestrian access; parking and turning arrangements; and loading and 

unloading arrangements have been submitted to and approved by the local planning 

authority. 

Reason: 

To ensure appropriate on-site facilities with associated access and manoeuvring 

areas, in the interests of highway safety and the general amenity of the development. 

NOTE: The parking standards are set out in the North Yorkshire County Council 

publication "Parking Design Guide" 

4 Prior to the commencement of any other part of the development hereby permitted, the 

access(es) to the site shall be laid out and constructed in accordance with the 

following requirements:- 

(i) The access shall be formed to give a minimum carriageway width of 4.1 metres, 

and that part of the access road extending 6 metres into the site shall be 

constructed in accordance with Standard Detail number E6d and the Specification 

of the Local Highway Authority. 

(ii) Any gates, barriers or other means of enclosure shall be erected a minimum 

distance of 6 metres back from the carriageway of the existing highway and shall 

open into the site. 

(iii) Provision shall be made to prevent surface water from the site/plot discharging 

onto the existing or proposed highway in accordance with the approved details 

and/or Standard Detail number E6d and the Specification of the Local Highway 

Authority. 

NOTE: You are advised that a separate licence will be required from the Local 

Highway Authority in order to allow any works in the adopted highway to be carried 

out. The local office of the Local Highway Authority will also be pleased to provide 

the detailed constructional specification referred to in this condition. 

Reason: 

To ensure a satisfactory means of access to the site from the public highway, in the 

interests of vehicle and pedestrian safety and convenience. 

40

5 Details of the precautions to be taken to prevent the deposit of mud on public 

highways by vehicles travelling from the site shall be submitted to and approved in 

writing by the Local Planning Authority. These facilities shall include the provision of 

wheel washing facilities where considered necessary by the Local Planning Authority. 

These precautions shall be made available before the development commences on 

the site and be kept available and in full working order until such time as the Local 

Planning Authority agrees in writing to their withdrawal. 

Reason: 

To ensure that no mud or other debris is deposited on the carriageway in the interests of 

highway safety. 

6 Prior to the commencement of the development there shall be submitted to and 

approved by the Planning Authority after consultation with the Highway Authority the 

proposals for the provision of an on-site parking area and on-site material storage area 

capable of accommodating all staff and sub-contractor’s vehicles clear of the public 

highway and all materials required for the operation of the site. The approved 

compounds shall be available for use at all times building works are in operation. 

Reason: 

To prevent building operations from obstructing the public highway to the detriment of the 

free flow of vehicular and pedestrian traffic. 

7 Unless otherwise agreed in writing by the local planning authority, no building or other 

obstruction shall be located over or within 3.0 (three) metres either side of the centre 

line of the sewer, which crosses the site. 

Reason: 

In order to allow sufficient access for maintenance and repair work at all times. 

8 The site shall be developed with separate systems of drainage for foul and 

surface water on and off site. 

Reason: 

In the interest of satisfactory and sustainable drainage. 

9 No development shall take place until details of the proposed means of disposal of 

foul and surface water drainage, including details of any balancing works and offsite 

works, have been submitted to and approved by the local planning authority. 

Reason: To ensure that the development can be properly drained. 

41

10 

Unless otherwise approved in writing by the local planning authority, there shall be 

no piped discharge of surface water from the development prior to the completion of 

the approved surface water drainage works and no buildings shall be occupied or 

brought into use prior to completion of the approved foul drainage works. 

Reason: 

To ensure that no foul or surface water discharges take place until proper 

provision has been made for their disposal. 

11 Before any development is commenced the approval of the Local Planning Authority 

is required to a scheme of landscaping and tree planting for the site, indicating inter 

alia the number, species, heights on planting and positions of all trees, shrubs and 

bushes. Such scheme as approved in writing by the Local Planning Authority shall 

be carried out in its entirety within the period of twelve months beginning with the 

date on which development is commenced, or within such longer period as may be 

agreed in writing with the Local Planning Authority. All trees, shrubs and bushes 

shall be adequately maintained for the period of five years beginning with the date 

of completion of the scheme and during that period all losses shall be made good 

as and when necessary. 

Reason: 

To safeguard the rights of control by the Local Planning Authority in the interests of 

amenity having had regard to Policy ENV1 of the Selby District Local Plan. 

42

N 

W 

E 


Item No: 

Address: 

Rowan Tree House, Hull Road, Hemingbrough 

2008/0250/OUT 



43 

S

APPLICATION 

NUMBER: 

8/18/65D/PA 

2008/0250/OUT 

PARISH: 

Hemingbrough Parish Council 

APPLICANT: 

PROPOSAL: 

LOCATION: 

Mr Geoffrey VALID DATE: 22 February 2008 

Thompson 


Outline permission for the erection of one detached dwelling with integral 

garage on land adjacent 

Rowan Trees House 

Hull Road 

Hemingbrough 

Selby 


YO8 6QJ 


The application has been requested to be heard by the Planning Committee by a local 

member for the following reason: 

- Over development of the site. 

- Concerns over alterations to highway-safety barriers and traffic island on A63. 

- Deep concerns and objections from neighbours. 

The application site is Rowan Trees House, a detached house, finished in white render 

under a concrete tile roof. The property is set in spacious, mature grounds and has a 

single-storey extension and outbuildings to the rear. Access is gained directly from the 

classified Hull Road. To the north west of the application site is Rowan Trees House, to 

the south and west is Hull Road, across which is the main part of the village of 

Hemingbrough. To the south of the site along Hull Road are pedestrian safety barriers 

and a pedestrian crossing. To the north of he site there is open countryside including a 

pond. The application site is within the development limits of Hemingbrough village. 

The Proposal 

The application is for outline planning permission to establish the principle of residential 

development on the site. Means of access are included in this application and the other 

matters are reserved for future consideration. 

Planning History 

March 2007- Outline Planning Application (8/18/65C/PA) for the erection of a detached 

dwelling to the north west of Rowan Trees House was approved. 

CONSULTATIONS 

HEMINGBROUGH PARISH COUNCIL 

Objects to the proposal as it is over development of the site which is not in keeping with 

the open space nature of the site and the neighbouring property and the entrance to the 

proposed driveway is hampered by the pedestrian refuge on the A63 and the associated 

safety barriers would need removing. 

45

HIGHWAY AUTHORITY 

The road A63 is the responsibility of the Highways Agency please consult them. 

HIGHWAYS AGENCY 

Objects on the grounds that the creation of an access to the development would require 

that a section of pedestrian guardrail, recently installed as part of a pedestrian safety 

scheme, be removed. The Agency considers that the removal of this rail would 

compromise this scheme and the safety of pedestrians and other road users. 

YORKSHIRE WATER SERVICES 


THE OUSE & DERWENT INTERNAL DRAINAGE BOARD 

No objections subject to drainage conditions attached to any planning permission granted. 

NEIGHBOURS 

The immediate residents were consulted by letter and a site notice was displayed and a 

newspaper advertisement was placed in the local newspaper to notify the members of the 

wider public. One letter of representation and a petition with twenty signature were 

received and raised the following issues 

- The proposal would involve the partial dismantling of the safety barrier on the 

adjacent traffic island to allow vehicular access. 

- There will be risk of injury to the pedestrian using the traffic island. 

- Risk of collision between traffic on A63 and vehicles accessing / departing from 

adjacent properties. 

- Would not be possible to culvert the dyke to create access as it is inhabited by 

water voles and great crested newts. 

- The proposal would diminish the amount of sunlight to Twin Oaks. 

- Overlooking issues to Twin Oaks. 

- The proposal would cause overshadowing to Twin Oaks. 




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 of the Regional Spatial Strategy for Yorkshire and the Humber (published on 1 

December 2004), Policy E8 of the North Yorkshire Structure Plan (Alteration No3) 

(adopted in 1995) and the policies in Selby District Local Plan (adopted on 8 February 

2005) saved by the direction of the Secretary of State. 

The proposal is for a small-scale residential development within the development limits of 

the village of Hemingbrough and is therefore subject to policies ENV1, H2A, H2B, H6, T1 

and T2 of the Selby District Local Plan. 

All proposals contained within planning applications for development within the District are 

subject to Policy ENV1 of the Selby District Local Plan. The policy lists eight categories of 

issues that should be taken into account when the considering development proposals. 

Given the nature and scale of the development, together with the character of the 

application site and its surroundings it is considered that categories 3, 5, 6 and 7 have no 

46

direct bearing on this case. However categories 1, 2, 4 and 8 are relevant and relate to 

effect upon character or amenity; highway safety; standard of layout and design, and other 

material considerations. 

The key local planning polices relevant to this proposal are: 

ENV1- Control of Development 

H2A- Managing the Release of Housing Land 

H2B- Housing Density 

H6- Housing Development in Market Towns and Villages that are capable of 

accommodating additional growth 

T1 – Development in Relation to Highway 

T2 – Access to Roads 

VP1 – Vehicle Parking Standard 

National Planning Guidance 

PPS1- Delivering Sustainable Development 

PPS3- Housing 

ASSESSMENT 

The main planning issues raised by the proposal are: 

1. The principle of the development. 

2. The impact on the character and form of the area. 

3. The impact on neighbouring residential amenity and standard of residential 

accommodation. 

4. The impact on highway issues. 

5. The impact on nature conservation 

6. Other material considerations. 

1. THE PRINCIPLE OF THE DEVELOPMENT. 

The site is located within the development limits of Hemingbrough and is a brownfield site 

as defined in Annex B of PPS 3. As such residential uses would be acceptable in principle 

in terms of PPS3 and Policy H2A, subject to compliance with local and national policies. 

2. IMPACT ON THE CHARACTER AND FORM OF THE AREA 

The application is for outline planning approval and detailed matters such as scale, layout, 

height; massing and detailed design matters have not been included in this application. It 

is not possible at this stage to assess accurately the full impact on the character and form 

of the settlement. However an illustrative layout indicates that the layout and juxtaposition 

of the proposed dwelling in relation to neighbouring properties and the constraints to the 

site would result in any unacceptable level of over development of the site because the 

development would be cramped in between the host property and the neighbouring 

property. 

It is considered that the proposal would detract from the form and character of its 

immediate locality and would therefore be contrary to Policies ENV1 and H6 of the Selby 

District Local Plan. 

47

3. IMPACT ON RESIDENTIAL AMENITY 

Objections have been received with regards to the effect that the proposed development 

would have in regards to overlooking and overshadowing of the neighbouring properties. 

The plans show an indicative layout, which would not be part of any approval; however the 

relationship to the host property indicates that the there is inadequate separation distance 

between the site and the host property. Furthermore there are secondary and primary 

windows (bedroom windows and living room windows) facing the site, which would be 

significantly affected by the proposal. 

The proposal is therefore considered to be unacceptable and would be contrary to Policies 

H6 (2) and ENV1 (1) of the Selby District Local Plan. 

4. THE IMPACT ON HIGHWAY ISSUES. 

Access has been included in the application. Concerns have been raised by neighbours 

and the Highways Agency regarding the impact that the proposed access would have on 

highway and pedestrian safety. It is considered that the proposal would involve the 

creation of an access to the development which would require that a section of pedestrian 

guardrail, which is part of a pedestrian safety scheme, be removed. It is considered that 

the removal of this rail would compromise the pedestrian safety scheme and the safety of 

pedestrians and other road users. As such it is considered that this would have a 

significant detrimental impact on highway safety and as such would be contrary to policies 

H6 (3), ENV1 (2) and T2 (1) of the Selby District Local Plan. 

5. CONSERVATION INTERESTS 

The application site is not a site of nature conservation interest or is known to support or 

be in close proximity to any site supporting protected species or any other species of 

conservation interest. As such it is considered that the proposed would not harm any 

acknowledged nature conservation interests and therefore would not be contrary to policy 

H6 (6). 

OTHER CONSIDERATIONS 

Drainage 

Given the nature of the proposal, the location of the site, and the comments received from 

Yorkshire Water, it is concluded that the proposal would be acceptable in terms of 

drainage and the site is not in a flood risk area. The applicant has indicated that the 

disposal of rainwater would be through soakaways. Yorkshire Water Services have not 

objected to this drainage proposals. 

CONCLUSION: 

The proposal has been assessed against the Policies ENV1, H2A, H2B, H6, T1, T2 and 

VP1 of the Selby District Local Plan and material considerations including third party 

representations and the central government guidance PPS1 and PPS3. It is considered 

that the land is a brownfield site and therefore the principle of this development would be 

acceptable in that the development would be in accordance with the requirements of 

Policy H2A of Selby District Local Plan. 

48

However it is considered that the proposal would have any adverse effect on the character 

of the area and is therefore considered to be unacceptable. The proposal would have any 

significant adverse impact on the residential amenity to neighbouring properties in the form 

of overbearing, overshadowing and potential loss of privacy. It is considered that the 

proposal would be over development of the site and therefore would be unacceptable. 

The proposal is considered unacceptable and would be contrary to policies ENV1, T2 and 

H6 of the Selby District Local Plan. 


This application is recommended to be REFUSED for the following reasons: 

1 The proposed development and the indicative layout and juxtaposition in 

relation to neighbouring properties would result in any unacceptable level of 

over development of the site and as a result of inadequate separation 

distances resulting in an adverse impact on the character and appearance of 

immediate area. It is therefore considered to be unacceptable and contrary to 

Policies ENV1 (1) and (4) and H6 of the Selby District Local Plan. 

2 The proposed development by virtue of the creation of a new access would 

require that a section of pedestrian guardrail on the A63 Hull Road is 

removed and this would compromise the safety of pedestrians and other 

road users. It is considered that this would have a significant detrimental 

impact on highway safety and as such would be contrary to policies H6 (3), 

ENV1 (2) and T2 (1) of the Selby District Local Plan. 

49

N 

W 

E 


Item No: 

Address: 

Rawdon, Moor Carr Lane, Barlby 

2008/0109/FUL 



50 

S

APPLICATION 

NUMBER: 

8/16/431C/PA 

2008/0109/FUL 

PARISH: 

Barlby And Osgodby Parish 

Council 

APPLICANT: Mr & Mrs Jones VALID DATE: 

6 March 2008 

PROPOSAL: 

LOCATION: 

EXPIRY DATE: 1 May 2008 

Erection of a detached dwelling on land to the side 

Rawdon 

Moor Carr Lane 

Barlby 



YO8 5LJ 


This application has been requested to be heard at the Planning Committee by a member 

of the Council for the following reasons: 

- Undesirable over development of a very small site and 

- Adverse effect on amenity of Rawdon and neighbouring properties. 

Site Description 

The application site is located on the northern side of Moor Carr Lane and to the western 

side of the A19- York Road. The application site is the garden curtilage of the host 

property ‘Rawdon’ and is located to the east of Rawdon. A variety of types of dwellings 

surround the application site with two detached bungalows to the west and east and semidetached 

and detached properties to the north and northeast. The application site is on 

elevated ground levels and the properties to the east and northeast are on lower levels 

than the application site. 

Proposal 

The application seeks full planning permission for the erection of a two storey four 

bedroomed dwelling. 

Planning History 

May 2007-Planning Application (8/16/431B/PA) for the erection of a two storey detached 

dwelling was withdrawn. 

CONSULTATIONS 

BARLBY AND OSGODBY PARISH COUNCIL 

No response 

HIGHWAY AUTHORITY 

No highways objections subject to attaching conditions relating to the provision of 

approved access, turning and parking, parking for single dwelling, garage conversion to 

habitable room, public rights of way- amended and on site parking and on site storage 

during development. 

52




No comments received. 

PARKS AND LEISURE OFFICER 

No comments received. 

NEIGHBOURS 

The immediate residents were consulted, and a site notice was displayed on site to notify 

the members of the wider public. Seven letters of representations have been received and 

raised the following issues: 

- Overlooking and loss of privacy to Ebor House 

- The proposal will overshadow the neighbouring properties. 

- The site is elevated above the neighbouring properties and the proposal will be 

obtrusive. 

- The proposal is a “Garden Grabbing” 

- The proposed housed will be squared into the land. 

- Further traffic to Moor Carr lane/public footpath would be hazardous to foot traffic 

and especially Barlby High School pupils who frequent the alleyway and lane most 

days. 

- The proposed dwelling would devalue the nearby properties 

- The removal of trees and shrubs would disturb the birds that nest and live on these 

trees. 

- The proposal would have an impact on highway safety. 

- Loss of light to neighbouring properties between the hours of 11:00 to 18:00 daily 











the village of Barlby and is therefore subject to policies ENV1, H2A, H2B, H6, T1 and T2 of 

the Selby District Local Plan. 



issues that should be taken into account when the considering development proposals. 






53

The key planning polices relevant to this proposal are: 











PPS3- Housing 

ASSESSMENT 

The main planning raised by the proposal are: 








1. THE PRINCIPLE OF THE DEVELOPMENT 

The site is located within the development limits of Barlby and is a brownfield site as 

defined in Annex B of PPS 3. As such, residential uses would be acceptable in principle in 

terms of PPS3 and Policy H2A, subject to compliance with local and national policies. 

2. THE IMPACT ON THE CHARACTER AND FORM OF THE AREA. 

The proposed dwelling would be visible from Moor Carr Lane and within the garden 

curtilages of neighbouring properties. It is considered that the proposal by virtue of its 

scale, form and design would cause a significant adverse harm to the character and 

appearance of the area, and its immediate surroundings as this part of Barlby on Moor 

Carr Lane has a few bungalows and the land level is highly elevated. As such it is 

considered that the proposal would be incongruous and oppressive to the neighbouring 

properties. It is considered that the proposal would be too large and overbearing within the 

site and would be an over development of the site 

It is considered that the proposal would detract from the form and character of its 

immediate locality and would therefore be contrary to policies ENV1 and H6 of the Selby 

District Local Plan. 

54

3. IMPACT ON RESIDENTIAL AMENITY 

Objections have been raised with regards to the effect that the proposed development 

would have in regards to overlooking and overshadowing of the neighbouring properties. 

It is considered that the proposal would have a significant detrimental impact on the 

occupiers of neighbouring properties. 

The ground level of the site is elevated and therefore the proposed dwelling would be 

higher than the neighbouring properties. In addition the proposal due to its close proximity 

to the host property to the west would have an overbearing effect on the residential 

amenity of the next-door dwelling and its garden and would be visually intrusive when 

viewed from within the curtilage of the properties on the eastern side of the site, contrary to 

Policies ENV1 criteria (1) and H6 of the Selby Local Plan. 

Due to the orientation of the dwelling and the elevated ground levels it is considered that 

the proposal would contribute to overshadowing and overlooking to neighbouring 

properties. 

It is therefore concluded that the proposed dwelling, by virtue of its juxtaposition in relation 

to neighbouring properties would result in unacceptable levels of, overshadowing, 

overlooking, significant oppressiveness and be of an overbearing nature and therefore the 

proposal would be contrary to Policy H6 (2). 

4. HIGHWAY ISSUES 

The existing vehicular access to the site would be from Moor Carr Lane, which would be 

shared between the two existing bungalows and the proposed development. This would be 

the sole vehicular access and exit to the new development. It is considered that there 

would be no material increase in the number of vehicles using the existing road. The 

Highway Authority has not objected to the proposal subject to highway conditions being 

attached to any planning permission granted. 

It is therefore concluded that on highway safety issues this proposal would not have any 

significant adverse impact. The proposal therefore would be in accordance with Policies 

ENV1 (2), H6 (3), T1, T2 and VP1 of Selby District Local Plan. 

5. CONSERVATION INTERESTS 

It is considered that the proposed would not harm any acknowledged nature conservation 

interests and therefore would comply with Policy H6 (6). 

6. BACKLAND DEVELOPMENT 

The site is a not a backland site therefore the proposal by its very nature would not form 

backland development and would not constitute tandem development. As such it is 

concluded that the proposal would not be contrary to Policy H6 (5) of Selby district Local 

Plan 

55

OTHER CONSIDERATIONS 

Density 

The site area is approximately 0.036 hectares. The net housing density would be 27 

dwellings per hectare. The proposal would be below the minimum required of 30 dwellings 

per hectares. However due to the existing building on site it would be difficult to increase 

the density. 

CONCLUSION: 

The proposal has been assessed against the Selby District Local Plan Policies ENV1, 

H2A, H2B, H6, T1, T2 and VP1, and other material considerations including third party 

representations and the central government guideline policies PPS1 and PPS3. It is 

considered that the land is a brownfield site and therefore the principle of this development 

would be acceptable in that the development would be in accordance with the 

requirements of Policy H2A of Selby District Local Plan. 

However, it is considered that the proposal would have any adverse effect on the 

character of the area and is therefore considered to be unacceptable. The proposal would 

have an adverse impact on the residential amenity of neighbouring properties in the form 

of overbearing, overlooking, overshadowing and loss of privacy. It is thus considered that 

the proposal would be over development of the site and therefore would be unacceptable. 

The proposal includes the provision of additional parking spaces and it is considered that 

there would not be any significant adverse effect upon the existing amenities of adjacent 

properties. 

The proposal is considered unacceptable and would be contrary to policies ENV1 and H6 

of the Selby District Local Plan. 


This application is recommended to be REFUSED for the following reasons: 

1 The proposed dwelling, by virtue of its virtue of its size, scale, design and 

juxtaposition in relation to neighbouring properties would result in 

unacceptable levels of overlooking and overshadowing and would appear 

unduly incongruous and over dominant resulting in an over development of 

the site which would have an adverse impact on the character and 

appearance of the immediate area. The proposal would be contrary to Policy 

H6 and ENV1 of the Selby District Local Plan 

2 The proposed development by virtue of its size, scale, design and proximity 

to Rawdon and its location on elevated ground would have an unacceptable 

over bearing and oppressive impact on Rawdon and the neighbouring 

properties. The proposal would be contrary to policy H6 of the Selby District 

Local Plan. 

56

N 

W 

E 


Item No: 

Address: 

West End Bungalow, Green Lane, North Duffield 

2008/0163/FUL 



57 

S

APPLICATION 

NUMBER: 

8/13/68B/PA 

2008/0163/FUL 

PARISH: 

North Duffield Parish Council 

APPLICANT: 

PROPOSAL: 

LOCATION: 

Edenvale Homes VALID DATE: 18 February 2008 

(York) Ltd 


Erection of 3No. four bedroom dwellings with integral garages following 

demolition of existing bungalow 

West End Bungalow 

Green Lane 

North Duffield 



YO8 5RR 


This application is referred to the Planning Committed due to the number of neighbour 

objection letters received. 

Site Description 

The application site –Westend Bungalow is located on the eastern side of Green Lane in 

North Duffield. The site is within the development limits of North Duffield. The surrounding 

area is largely residential in nature, with a mixture of detached, semidetached, terraced 

two storey dwellings and bungalows. 

Proposal 

The proposal is to demolish the existing property- Westend bungalow and erect 3 no. four 

bedroom detached properties with integral garages. 

CONSULTATIONS 

NORTH DUFFIELD PARISH COUNCIL 

No response received. 

NORTH YORKSHIRE COUNTY COUNCIL- HIGHWAYS 

No objections subject to attaching conditions related to private access/verge crossings: 

construction requirements, closing of existing access, provision of approved access, 

turning and parking, parking for single dwelling, precautions to prevent mud on the 

highway, approval of details for works in the highway and on-site parking and on-site 

storage during development. 


No objections subject to attaching conditions relating to a surface water drainage and foul 

waste discharge conditions. 


No objections 

59

PRINCIPAL ENVIRONMENTAL HEALTH OFFICER 

No objections subject to attaching a conditions relating to noise, vibration, dust and dirt, 

delivery, loading and unloading hours and operational hours. 

NORTH YORKSHIRE BUILDING CONTROL 

No response received. 

NEIGHBOURS 

The immediate residents were consulted, and a site notice was displayed on site to notify 

the members of the wider public. Five letter of objections were received which raised the 

following issues: 

• Would result in both overshadowing and overlooking to neighbouring properties. 

• There will be excess of mud, dirt, dust and noise, which will affect the neighbours. 

• Over development of the site 

• The proposal would affect the character of the village green. 

• The proposal would increase traffic and parking issues. 

• The proposal would have implications on the limited amenities of the village. 

• The proposal is not in keeping with the other houses on The Green. 

• Loss of light to gardens on Oak Road. 

• Restriction of outlook over the village green. 

• Loss of property value. 











the village of North Duffield and is therefore subject to policies ENV1, H2A, H2B, H6, T1 

and T2 of the Selby District Local Plan. 



issues that should be take into account when the considering development proposals. 






The key Local Planning Polices relevant to this proposal are: 



60









PPS3- Housing 

PPS9- Biodiversity and Geological Conservation 

Circular 06/2005- Biodiversity and Geological Conservation- Statutory Obligations and 

their Impact with the Planning System 

Given that the proposal would involve the demolition of he existing property therefore it 

has the potential to have impacts on bats. All species of native British bats are protected 

under the 1981 Wildlife and Countryside Act and the 1994 Habitats Regulations, as they 

are European protected species. Guidance for assessing proposals that may impact on 

protected species is given in Planning Policy Statement 9 “Biodiversity and Geological 

Conservation”, ODPM Circular 06/2005- Biodiversity and Geological Conservation- 

Statutory Obligations and their Impact with the Planning System 

The main planning issues raised by the proposal are: 








1. THE PRINCIPLE OF THE DEVELOPMENT. 

The site is located within the development limits of North Duffield and is a brownfield site 

as defined in Annex B of PPS 3. As such residential uses would be acceptable in principle 

in terms of PPS3 and Policy H2A, subject to compliance with local and national policies 

and tests set in Policy H6 of the Selby District Local Plan. 

2. THE IMPACT ON THE CHARACTER AND FORM OF THE AREA. 

The proposed dwellings would be visible from Green Lane. It is considered that the 

proposals by virtue of their scale, form and design would not cause any significant harm to 

the character and appearance of the area, the site or its immediate surroundings. North 

Duffield has a mixture of house sizes and types which range from detached family houses 

and bungalows to semidetached properties. As such it is considered that the proposal 

would therefore not look out of place to the area. 

The application would not detract from the form and character of its immediate locality and 

would therefore be compliant to policies ENV1 and H6 of the Selby District Local Plan. 

61

2. THE IMPACT ON NEIGHBOURING RESIDENTIAL AMENITY AND STANDARD OF 

RESIDENTIAL ACCOMMODATION. 

It is considered that the proposal would not have a significant detrimental impact on the 

occupiers of the neighbouring properties by virtue of over dominance, overlooking or 

overshadowing. In this respect it is considered that the proposed dwellings conform to the 

general guidance for space about dwellings and that a high standard of residential amenity 

would be maintained. 

Therefore it is considered that the separation distances would be adequate not to cause 

any overlooking, over dominance or overshadowing. It is concluded that the proposed 

dwellings, by virtue of their size, scale, design and juxtaposition in relation to neighbouring 

properties would not result in any unacceptable levels of overlooking and overshadowing 

and would not appear unduly incongruous or over dominant, and that the proposal would 

not be contrary to Policy H6 (2) of the Selby District Local Plan. 

3. THE IMPACT ON HIGHWAY ISSUES. 

he existing vehicular accesses to the proposed dwellings would be from Green Lane and 

this would be the sole vehicular access and egress to each new dwelling. It is considered 

that the proposed dwellings would not significantly increase the use of Green Lane 

therefore it is considered that there would be no material increase in the number of 

vehicles using the existing road. The proposal would not have a detrimental impact on 

highway safety. The Highway Authority did not object to the application subject to highway 

conditions. It is concluded that on highway safety issues this proposal complies with 

Policy T1, T2 and VP1 of Selby District Local Plan. Consequently the proposal would not 

create conditions prejudicial to highway safety and would not be contrary to policy H6 (3) 

of the Selby District Local Plan. 

4. THE IMPACT ON NATURE CONSERVATION 

The application site is not a site of nature conservation interest or is known to support or 

be in close proximity to any site supporting protected species or any other species of 

conservation interest. In addition the application site is privately owned and the 

development would not result in the loss of open space of significant or amenity value. 

As such it is considered that the proposed would not harm any acknowledged nature 

conservation interests and therefore would not be contrary to Policy H6 (6). 

6. OTHER MATERIAL CONSIDERATIONS 

Density 

The site area is approximately 0.087 hectares. The net housing density would be 35 

dwellings per hectare. As such the proposal would not be contrary to Policy H2B of the 

Selby Local Plan, which states: 

“Proposals for residential development will be expected to achieve a minimum net 

density of 30 dwellings per hectare in order to ensure the efficient use of land. 

Higher densities will be required where appropriate particularly within the market 

towns and in locations with good access to services and facilities and/or good public 

transport. Lower densities will only be acceptable where there is an overriding need 

62

to safeguard the existing form and character of the area or other environmental or 

physical considerations apply”. 

The housing density in the area is variable. As such it is considered that the footprint of the 

proposed dwellings and the housing density would not be out of keeping with the wider 

street scene. It is considered that the proposal would reflect the dwelling directly opposite 

the site on Green Lane and at numbers 3 and 5 Green Lane. 

Drainage 

Given the nature of the proposal, the location of the site and the comments received from 

Yorkshire Water, it is concluded that the proposal would be acceptable in terms of 

drainage and the site is not in a flood risk area. 

The Internal Drainage Board has not objected to the drainage proposal subject to drainage 

conditions. Foul sewage would be disposed into the existing system the main drains. 

CONCLUSION: 

The proposal has been assessed against the Policies ENV1, H2A, H6, H2B, T1, T2 and 

VP1 of the Selby District Local Plan and other material considerations including third party 

representations and the central government guideline PPS1and PPS3. It is considered 

that the land is a brownfield site and therefore the principle of this development would be 

acceptable in that the development would be in accordance with the requirements of 

Policy H2A of Selby District Local Plan. It is considered that the proposal would not have 

any adverse effect on the character of the area and is therefore considered to be 

acceptable. 

The proposal would not have any significant impact on the residential amenity to 

neighbouring properties. It is considered that the proposal would not have a significant 

adverse effect of highway safety. It is considered that the proposal is acceptable and in 

accordance with policies ENV1, H2A, H2B, H6, VP1, T1 and T2 of Selby District Local 

Plan and the central government guideline provided in PPS1 and PPS3. 

63


This application is recommended to be Approved subject to the following conditions: 

1 The development for which permission is hereby granted shall be begun 

within a period of three years from the date of this permission. 

Reason: 

In order to comply with the provisions of Section 51 of the Planning and 

Compulsory Purchase Act 2004. 

2 Prior to the commencement of any construction of the buildings, hereby 

permitted, details of the materials to be used in the construction of the 

exterior walls and roofs of the buildings and the access drive shall be 

submitted to and approved in writing by the Local Planning Authority. Only 

the approved materials shall be utilised as specified on the approved plans. 

Reason: 

In the interests of visual amenity and in order to comply with Policies, ENV1 

and H6 of the Selby District Local Plan. 

3 Prior to the first use of the development the vehicular access, parking and 

turning facilities shall be formed in accordance with the submitted drawing 

(Reference 10.02.2008(Amended)). Once created these areas shall be 

maintained clear of any obstruction and retained for their intended purpose at 

all times. 

Reason: 

To provide for appropriate on-site vehicle parking facilities with associated 

access and manoeuvring areas, in the interests of highway safety and the 

general amenity of the development. 

4 The development hereby permitted shall not commence until a scheme 

detailing the disposal of foul and surface water is submitted to and approved 

in writing by the Local Planning Authority. Before the development is 

occupied the works comprising the approved scheme shall be completed. 

Reason: 

To ensure the provision of adequate and sustainable means of drainage of 

amenity in accordance with the guidance of PPS25. 

5 All works and ancillary operations which are audible at the site boundary, or 

such other place as may be agreed with the Council, shall be carried out only 

between the hours of 08:00 and 18:00 on Monday to Fridays and between 

the hours of 08:00 and 13:00 Saturdays and at no time on Sundays, Public 

and Bank Holidays 

Reason: 

To safeguard the interests of nearby residents having regard of Policies 

ENV1 and H6 of Selby District Local Plan. 

64

6 Prior to the development commencing a scheme to minimise the impact of 

noise, vibration, dust and dirt on residential property adjacent to the site shall 

be submitted in writing to and approved by the Local Planning Authority. The 

approved scheme shall be employed throughout the demolition and 

construction phases. 

Reason: 

In the interests of amenity and in order to comply with Policy ENV 1 of the 


65

C LIST 

APPLICATIONS DETERMINED BY COUNTY 

1. C8/17/89C/PA Corporate Director, Children’s and Young People’s Services 

2007/1319/CPO 

CLIFFE 

Proposal: 

District Council’s 

Recommendation: 

NYCC Decision: 

Proposed retention of an Elliott Medway prefabricated unit 1788 at 

Cliffe VC Primary School, Main Street, CLIFFE 

No objections 

PERMISSION GRANTED CONDITIONALLY 

2. C8/19/223AN/PA Corporate Director, Children’s and Young People’s Services 

2006/0992/CPO 

SELBY 

Proposal: 




Proposed erection of a floodlit multi use games area 

(resubmission) at Selby High School, Leeds Road, SELBY 

No objections subject to imposition of conditions 


3. C8/30/44D/PA Corporate Director, Children’s and Young People’s Services 

2007/1363/CPO 

CHAPPEL HADDLESEY 

Proposal: 




Proposed erection of a wooden travel shelter at Chapel 

Haddlesey CE VC Primary School, CHAPEL HADDLESEY 

No Objections 


4. C8/56/136E/PA The School Head, Monk Fryston CEP School 

2008/0006/CPO 

MONK FRYSTON 

Proposal: 




Proposed replacement of a perimeter fence at Monk Fryston C of 

E (VC) Primary School, Chestnut Green, MONK FRYSTON 

No Objections 


1 66

5. C8/57/130C/PA Mytum & Selby Waste Management Ltd 

2006/1565/CPE 

SOUTH MILFORD 

Proposal: 




Application for Certificate of Lawfulness for proposed use (waste 

composting) at South Milford Maltings, Turpin Lane, SOUTH 

MILFORD 

Comments 


6 C8/73/222J/PA Corporate Director, Children’s and Young People’s Services 

2007/0854/CPO 

TADCASTER 

Proposal: 

Creation of an external ramp, insertion of a new window, 

converting window to doorway and doorway to window at 

Tadcaster Manor Farm Youth Centre, St Joseph’s Street, 

TADCASTER 




No Objections 


7 C8/999/1A/PA NYCC - Minerals & Waste Planning 

2007/0251/CPO 

WISTOW 

Proposal: 




Section 73 to vary Condition 24 (restoration of site to former 

condition) of planning permission C8/999/1/PA at Wistow Mine, 

Long Lane, WISTOW 

Objects 

WITHDRAWN 

2 67

Agenda - Selby District Council

Create successful ePaper yourself

Delete template?

Save as template?