Mission Statement

To Improve the Quality of Life For Those Who Live and Work in The District

23 February 2010

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 3 March 2010 commencing at 4:00pm.

AGENDA

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 3 February 2010 (pages 5 - 16).

4. Chair’s Address to the Planning Committee

1 5. Planning Applications Received – Non Site Visits

Reports of the Head of Service - Development Services

• 2010/0044/FUL Tollbridge Filling Station, Ousegate, Selby (pages 18 - 31).

• 2010/0070/FUL Bridgewharf, Ousegate, Selby (pages 32 -44).

• 2009/1106/REM Autoserv, Shipyard Road, Selby (pages45 - 55).

• 2009/1095/LBD West Lodge, London Road, Barkston Ash (pages 56 - 65).

• 2009/1093/FUL West Lodge, London Road, Barkston Ash (pages 66 - 75)

• 2009/0887/FUL Jackson’s Yard, Brotherton (pages 76 - 82)

6. Consultation

• 2010/0008/GOV Pollington Airfield, Heck and Pollington Lane, Heck (pages 83 – 103)

7. Public Access Upgrade

Report of the Head of Service – Development Services (pages 104 – 106)

8. Planning Committee Training Programme

Report of the Head of Service – Development Services (pages 107 – 109)

9. Verbal update by Tim Snell of Adams Hendry Consultants on the current position with the following three wind turbine applications:

• Wood Lane Wind Farm • Cleek Hall Wind Farm • Bishopwood Wind Farm

10. Budget Exceptions Report to 31 December 2009

Report of the Head of Service – Finance (pages 110 - 114)

Reports for Information 2 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

2. List of Planning Applications Determined by North Yorkshire County Council

Applications which have been determined by North Yorkshire County Council.

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 1st March 2010

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 31 March 2010 28 April 2010 26 May 2010

Membership of the Planning Committee 12 Members

Conservative Labour Independent J Mackman (Chair) D Davies J McCartney J Deans (Vice-Chair) S Shaw-Wright J Cattanach I Chilvers C Goodall W Inness D Mackay E Metcalfe C Pearson

If you have any enquiries relating to this agenda, please contact Lee O’Brien on: Tel: 01757 292002 Fax: 01757 292020 Email: [email protected]

4 SELBY DISTRICT COUNCIL

MINUTES

Minutes of the proceedings of a meeting of the Planning Committee held on 3 February 2010 in Committee Rooms 1& 2, The Civic Centre, Portholme Road, Selby, commencing at 4.00pm.

556 Apologies for Absence and Notices of Substitution 557 Disclosures of Interest 558 Minutes 559 Chair’s Address to the Planning Committee 560 General Fund Revenue Budget Estimates and Revenue Bids 2010/11 – 2012/13 561 Planning Committee 2009/2010 Performance Indicator Report April 2009 – December 2009 562 Planning Committee Work Programme 2010/11 563 Planning Application – 2009/0257/FUL – The Cottage, Colton 564 Planning Application – 2008/0400/FUL – Low Farm, Low Farm Road, Bolton Percy 565 Planning Application – 2009/0698/FUL – West Mount, Tadcaster 566 Planning Application – 2009/1021/HPA – Laureen, Doncaster Road, Brayton 567 Consultation Response on Ferrybridge 100 MW Multi Fuel CHP Application 568 Planning Application – 2009/0724/FUL – Tesco Supermarket, Portholme Road, Selby - PUBLIC 569 Private Session 570 Planning Application – 2009/0724/FUL – Tesco Supermarket, Portholme Road, Selby - PRIVATE 571 Planning Application – 2009/0724/FUL – Tesco Supermarket, Portholme Road, Selby - PUBLIC 572 Private Session 573 Enforcement Sub Group Minutes – 23 November 2009

Present: Councillor J Mackman in the Chair

Councillors J Cattanach, I Chilvers, J Deans, Mrs C Goodall, W Inness, D Mackay, Mrs D Davies (for B Marshall), Mrs S Ryder (for Mrs E Metcalfe), C Pearson, S Shaw-Wright

Officials: Head of Service – Development Services, Principal Planning Officer, Planning Officer, Accountancy Services Manager, Overview and Scrutiny Coordinator, Democratic Services Assistant

Public 6 Press 0

Planning Committee 3 February 2010 5 556 Apologies for Absence and Notice of Substitution

Apologies were received from Councillors B Marshall, J McCartney and Mrs E Metcalfe

Substitute Councillors were Mrs S Ryder (for Mrs E Metcalfe) and Mrs D Davies (for B Marshall)

557 Disclosure of Interest

Councillor D Mackay expressed a personal and prejudicial interest in relation to 2009/0698/FUL – West Mount, Tadcaster.

The Chair explained that all Members of the Planning Committee had received further supporting documentation in relation to 2009/0257/FUL – The Cottage, Colton and 2008/0400/FUL – Low Farm, Low Farm Road, Bolton Percy

558 Minutes

Resolved:

That the minutes of the proceedings of the meeting of the Planning Committee held on 9 December 2009 and 15 December 2009 be confirmed as a correct record and be signed by the Chair, subject to the following amendments:

9 December 2009 • The attendance list for 9 December 2009 should include Councillors J Cattanach, B Marshall and S Shaw-Wright • Minute 446 should read ‘the deletion of Councillor Fagan from the list of councillors present’ • Minute 450 should no longer include the reference to ‘Counsel’s opinion supports the officer’s recommendation to approve’ • Minute 453 should have condition 07 changed to ‘Delegated authority be granted to officers to grant permission, subject to being satisfied that a gas pipeline in the locality does not interfere with the proposed installation of the wind turbine’ • Minute 458 should read ‘reported on a recent hearing by the Planning Inspectorate when temporary permission for the gypsy site at Towton was granted until 2014’

15 December 2009 • Minute 461 should have the word ‘one’ deleted from the phrase ‘within one 1 month’ set out in Condition 02 Planning Committee 3 February 2010 6 • Minute 461 should read ‘complete’ rather than ‘completed’ in line 5 of Condition 02 • Minute 461 should read ‘maintained’ rather than ‘retained’ in line 5 of Condition 03

559 Chair’s Address to the Planning Committee

The Chair of the Planning Committee addressed the following points to the Committee:

• Planning is currently performing above the national targets • Planning applications received for 2009 were 770, as opposed to 910 in 2008, representing 15.4% fewer applications • Staff update – Louise Milne was appointed to the position of Planning Officer and is due to start in March 2010 as a replacement for Richard Pollard who retired in 2009 • Training on the issue of Affordable Housing was confirmed for Members on 11 February 2010

560 General Fund Revenue Budget Estimates and Revenue Bids 2010/11 – 2012/13

The Accountancy Services Manager presented the report and listed the following amendments:

• 3.2 should read ‘a 1% increase on superannuation costs’ • 4.19 should include the term Committee rather than Board • 9.7 should read Planning Committee rather than Social Board

The Accountancy Services Manager explained the budgets and risk analysis, whilst highlighting that planning application fees have been identified as a risk due to circumstances beyond the control of Selby District Council in terms of price.

It was noted by the Committee that work undertaken by sections outside of Development Services were charged to the budget under Central Establishment Charges as detailed in Appendix 1 of the report.

In relation to the Planning Delivery Grant, the Accountancy Services Manager explained that it was allocated to the Service as required and that £40,000 was earmarked for the coming year with the remainder being put into reserves.

The Head of Service – Development Services explained that two vacant posts had not been filled which had resulted in substantial savings. Planning Committee 3 February 2010 7 However, there was no guarantee that further savings would be forthcoming in the next year.

Resolved:

That the Planning Committee note the budget estimates included within the report

Recommended to Council:

i) The acceptance of the report to the meeting of Council on 9 February 2010; and

ii)The bids included within the report be considered at the meeting of Council on 9 February 2010

561 Planning Committee 2009/2010 Performance Indicator Report April 2009 – December 2009

The Head of Service – Development Services presented the report and confirmed that current performance levels are above national targets.

Resolved:

That the report be noted

562 Planning Committee Work Programme 2010/11

The Head of Service – Development Services presented the Planning Committee Work Programme for 2010/11.

Resolved:

That the Planning Committee Work Programme for 2010/11 be noted

Planning Committee 3 February 2010 8

563 Planning Applications Received

Consideration was given to the schedule of planning applications submitted by the Head of Service – Development Services.

Application: 2009/0257/FUL Location: The Cottage, Colton Proposal: Erection of three dwellings with garages, associated access and works

The Principal Planning Officer presented the report and updated the Committee as to the fact that the applicant had made an appeal on the grounds of non-determination. As such, the Committee was informed that their role was to make a ‘minded decision’ which would be referred to the Planning Inspectorate.

The Principal Planning Officer indicated that additional information was included in the report as a result of the site visit on 4 January 2010, therefore adding to the information received by the Committee when the application had originally been heard on 9 December 2009.

The Committee was informed that the previous application for 3 dwelling on the site had been refused. The amended application shows a reduced scale, but the Principal Planning Officer indicated that the property footprint was still significant.

The Committee commented that the development proposals were not indicative of sensitive infill and was not in keeping with the locality. It was also noted by the Committee that the greenbelt would be compromised by the development.

Resolved:

That as a Minded Decision the application be Refused on the following grounds:

1. The previous planning application (reference 2008/0284/FUL) for the erection of three dwellings on the site was refused on the grounds that the proposed disposition of the dwellings on the site, the extent of their combined footprints; their massing; the siting of plot 1 in relation to Main Street; and the scale of the Plot 2 and Plot 3 dwellings in relation to the scale of nearby dwellings, all combine to create a layout and scale of development which would detract from the form and character of Colton and the amenity of nearby residents. It is also considered that the scale and layout of the proposals would Planning Committee 3 February 2010 9 result in a loss of openness on the site, detract from the open character and the visual amenity of the Green Belt, and from the form and character of Colton contrary to Policies GB4 and H7 of the Selby District Local Plan.

It is the Local Planning Authority’s assertion that there have been no material changes in circumstances in terms of planning policy, the form and character of the area or significant changes to the scale, size, massing, footprint and general layout of the scheme to justify reversing the previous decision.

2. The proposal, by virtue of the number of dwellings proposed and their layout does not constitute limited infill and therefore is contrary to the guidance in respect of new buildings in paragraph 3.4 of Planning Policy Guidance Note 2. As such the proposal constitutes inappropriate development within the Green Belt, which should only be allowed in very special circumstances and which the applicant has failed to demonstrate in this case. As such the proposal is contrary to the guidance in paragraph 3.2 of Planning Policy Guidance Note 2.

3. The proposal, by virtue of its size, scale, layout and massing of the dwellings is not considered to be sensitive infill or small scale redevelopment and is therefore contrary to Policies GB2 and H7 of the Selby District Local Plan.

4. The proposal, by virtue of the disposition of the dwellings on the site, the extent of their combined footprints and their massing would significantly detract from the openness of this Green Belt location contrary to policy GB4 of the Selby District Local Plan and the guidance in Planning Policy Guidance Note 2.

5. The proposal, by virtue that it comprises backland, tandem development would contrast with the strong linear form of the southern frontage of Main Street to the significant detriment of the historic character and form of the village, and therefore the visual amenity of this Green Belt location contrary to Policies GB4 and H7 of the Selby District Local Plan and the guidance in paragraph 3.15 of PPG2.

6. The proposal, by virtue that it comprises backland tandem development and the size, scale and massing of the building at Plot 3 would create significant degrees of overshadowing to, and appear oppressive when viewed from the adjoining garden at Willow Cottage and therefore would significantly detract from the amenity of the occupiers of Willow Cottage, contrary to Policy H7 of the Selby District Local Plan. Planning Committee 3 February 2010 10 564 Application: 2008/0400/FUL Location: Low Farm, Low Farm Road, Bolton Percy Proposal: Conversion of agricultural buildings to create four self contained dwellings

The Principal Planning Officer presented the report, pointing out that letters of representation and further information received had been included in italics within the body of the report.

The Principal Planning Officer explained that the proposed development was outside the definition of a brownfield site under National Planning guidance PPS3 (Annex B).

Public Speaker – Jenny Hubbard (Agent)

Jenny Hubbard presented the following issues in support of the application: • The development limits criteria were put in place in 1991 and the proposal would be within existing guidelines • This is not a greenbelt issue • The application should be dealt with on its merits

The Principal Planning Officer explained that the external structure of the silos would remain the same under the proposal, with the addition of an internal lining in order to meet habitation needs.

Resolved:

That the application be Refused on the following grounds:

1. The proposed conversion of the silos, by virtue of their limited size, materials and present visual impact on the character and form of the area, in general, and the Bolton Percy Conservation Area in particular, would provide a poor quality of development both in terms of the residential amenity of future occupiers of the silos and the overall visual amenity and impact resulting from the retention of the silos. The proposal therefore fails to achieve a good quality of development or a high standard of design contrary to the requirements of Policy ENV1 of the Selby District Local Plan and the guidance in PPS1.

2. The proposal, by virtue that it relates to the conversion of agricultural buildings, which are not classified as constituting previously developed land in Annex B of PPS3, would constitute development of a greenfield site and as such would be contrary to Policy H2A of the Selby District Local Plan.

Planning Committee 3 February 2010 11 Policy H2A refers to the criteria in Policy H7, which allows for the conversion or change of use of ‘existing buildings’. However notwithstanding that Policy H7 does not define the land use class of the ‘existing buildings’ to which it refers, in order to be consistent with Policy H2A the reference to ‘existing buildings’ should only be considered to refer to buildings other than agricultural buildings, to ensure compliance with Policy H2A and paragraph 5.75 of the Selby District Local Plan.

The proposal is therefore contrary to Policies H2A and H7 and the guidance in paragraph 5.75 of the Selby District Local Plan.

3. The proposal, by virtue that it retains the obsolete grain silos as residential accommodation would detract from the form and character of the settlement of Bolton Percy and therefore would fail to preserve the character and appearance of the Bolton Percy Conservation Area contrary to Policy H7(1) and ENV25 of the Selby District Local Plan.

4. The proposal would fail to provide a satisfactory standard of residential accommodation and amenity contrary to Policy H7 (2) of the Selby District Local Plan.

5. The applicant has failed to provide sufficient information, in respect of a marketing exercise to show what levels of demand exist in relation to the reuse of those buildings, lying outside of the defined development limit, for business purposes, to allow the Local Planning Authority to undertake a full assessment of the proposal against criterion 1 of policy H12 of the Selby District Local Plan.

6. The applicant has failed to provide sufficient information, in respect of a structural survey, in relation to those buildings lying outside of the defined development limit, to allow the Local Planning Authority to undertake a full assessment of the proposal against criterion 3 of policy H12 of the Selby District Local Plan.

Planning Committee 3 February 2010 12 565 Application: 2009/0698/FUL Location: West Mount, Tadcaster Proposal: Erection of a detached dwelling following the demolition of the existing garage

Councillor D Mackay left the Planning Committee.

The Principal Planning Officer presented the report updating the Committee that a letter of objection from Cunnane Planning had been received, but that their objections did not alter the conclusion reached by the report.

The Principal Planning Officer confirmed the parking facilities to be made available on the site and that the space criteria would be met in relation to number 15 and 17 on West Mount.

Resolved:

That the application be Approved subject to the conditions outlined in the report

566 Application: 2009/1021/HPA Location: Laureen, Doncaster Road, Brayton Proposal: Erection of a single storey extension to the side

Councillor D Mackay returned to the Planning Committee.

The Planning Officer presented the report indicating that there would be a minor rewording of Conditions 3 and 4. It was also explained to the Committee that the proposed development was sympathetic in design in terms of visual amenity, whilst there were no issues relating to height and overlooking that would unduly impact upon residential amenity.

Resolved:

That the application be Approved subject to the conditions outlined in the report

Planning Committee 3 February 2010 13 567 Consultation Response on Ferrybridge 100 MW Multi fuel CHP Application

The Principal Planning Officer presented the consultation report highlighting concerns over the development that will be raised to the Department of Energy and Climate Change (DECC) in their process of consideration.

The Chair commented on aspects raised in the consultation response in relation to highways and emissions. The Committee was also informed that initial comments had been supplied to DECC on 18 December 2009 and that further comments would be accepted by them right up to the final date of their deliberations

The Principal Planning Officer explained that a further biomass plant in Pollington is currently in the development phase.

Resolved:

That the report be noted and the response approved

568 Application: 2009/0724/FUL Location: Tesco Supermarket, Portholme Road, Selby Proposal: Erection of a replacement store with associated car parking, landscaping and ancillary works following demolition of the Council Depot and existing store

The Principal Planning Officer presented the report and informed the Planning Committee that there were amendments to the original report received in relation to the Section 106 Agreement. The Principal Planning Officer also informed the Committee that following the conclusions reached by the 9 December 2009 Planning Committee Condition 19 had been included in addition to the existing conditions.

Planning Committee 3 February 2010 14 569 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 the following items as there will be a disclosure of exempt information as defined in Section 100(1) of the Act as described in paragraph 3 of Part 1 of Schedule 12A to the Act.

570 Private Session:

The Solicitor to the Council presented the legal aspects in relation to the Section 106 agreement detailing the highways contributions, definition of the traffic mitigation proposals and public realm works.

The Principal Planning Officer commented on aspects of the Section 106 Agreement and informed the Committee that the public realm proposals were indicative.

The Chair commented that details of the Union Lane and Brook Street roundabout improvements were not yet available until planning approval had been granted. The Committee agreed that when designs were available North Yorkshire County Council (NYCC) should consult with Selby District Council (SDC).

The Principal Planning Officer accepted the delegated authority to undertake minor amendments to the Section 106 Agreement.

The Solicitor to the Council further noted that the proposal for planters would be on public highways and would require the consent of NYCC.

571 The Planning Committee returned to Public Session

Resolved:

That the application be Approved:

i) Subject to the signing of the amended Section 106 Agreement; and ii) Following consultation with North Yorkshire County Council

Planning Committee 3 February 2010 15 572 Private Session

Resolved:

573 Enforcement Sub Group Minutes

The Committee was made aware of the current Planning Enforcement caseload by the Solicitor to the Council.

Two additional items were raised by the Committee. The Head of Service - Development Services clarified that no planning conditions were placed as to when a scheme should be completed. Consideration could be given as to whether the serving of Section 215 notices would be appropriate in the matters described.

Resolved:

That the minutes of the proceedings of the meeting of the Planning Enforcement Sub Group held on 23 November 2009 be confirmed as a correct record and be signed by the Chair.

The meeting closed at 6.50 pm.

Planning Committee 3 February 2010 16 Items for Planning Committee 3 March 2010

Case File Number: Site Address: Officer Page

Planning Applications 2010/0044/FUL Tollbridge Filing Station, Ousegate, Selby RABA 18 2010/0070/FUL Bridgewharf, Ousegate, Selby RABA 32 2009/1106/REM Autoserv, Shipyard Road, Selby RABA 45 2009/1095/LBD West Lodge, London Road, Barkston Ash RISU 56 2009/1093/FUL West Lodge, London Road, Barkston Ash RISU 66 2009/0887/FUL Jacksons Yard, Brotherton KERO 76

Consultation Pollington Airfield, Heck and Pollington Lane, 2010/0008/GOV Heck TOWA 83

Maps and Plans available on request from the Planning Department

19 APPLICATION 8/19/173F/PA PARISH: Selby Town Council NUMBER: 2010/0044/FUL

APPLICANT: Acorn Homes Of VALID DATE: 14 January 2010 Selby Limited EXPIRY DATE: 15 April 2010 PROPOSAL: Erection of a building for A1, A2, A3, A4, A5, B1(a) & (b) and D1 use at ground floor and 10No. dwellings on the upper floors with ancillary bin and bicycle storage and landscaping of public open space

LOCATION: Toll Bridge Filling Station (Derelict) Ousegate Selby North Yorkshire

DESCRIPTION AND BACKGROUND

The Site

The application site is approximately 900m2 and comprises a disused filling station and a small garden area which is owned by the Council. The garden is defined on the Local Plan Selby inset map as a Local Amenity Area (Policy ENV29).

The site is located in a prominent position on the corner of Ousegate and New Street, adjacent to the River Ouse and the former toll bridge and at the entrance to the Town Centre. It is also within the Selby Town Conservation Area and is adjacent to many historic buildings, several of which are listed.

The Proposal

The proposed building would have a footprint of approximately 360m2 and would comprise 3 commercial units at ground floor level along with service accommodation for the 10 apartments that would be located on the floors above. A flexible approach is sought to the mix of uses permissible on the ground floor to maximise the opportunities for introducing new investment and activity into the area. The use classes listed in the proposal description at the top of this report would cover retail, offices, cafes, restaurants, wine bars, educational and health care facilities, galleries, museums and other similar commercial uses. The appearance of the building would be that of three separate buildings of varying heights, materials, fenestration detail etc.

It is proposed that the existing Council owned garden will be relocated onto the corner of the site adjacent to the Toll Bridge providing a continuance of the waterfront renaissance project completed on the opposite side of the bridge.

Relevant Planning History

2005/0753/FUL - Erection of building to provide ground floor retail unit with 8 No. apartments above and associated works – Permitted 21/09/2005

20 CONSULTATIONS

TOWN COUNCIL: No objections in principle but are concerned about the lack of parking. Conditions should be imposed to ensure quality materials are used. The Town Council would like to see this and the adjacent development carried out as a whole rather than as a piecemeal development.

LOCAL HIGHWAY AUTHORITY: Raise concerns regarding no provision for pedestrians crossing Barlby Road. Developer should provide a crossing point with a pedestrian phase to the traffic signals and a min 2m wide footway on the radius of the toll bridge garden to allow safe passage for pedestrians. Query whether ownership of proposed footway and loading bay would be handed over to NYCC to ensure they are to relevant specification and are enforceable. Once these matters have been addressed conditions will be advised.

ENGLISH HERITAGE: Wish to make comments. Request extension until 8th March as the historic area advisor in on annual leave.

ENVIRONMENT AGENCY: Have verbally advised that amendments/additional information has been requested direct from the Agent. A formal written response will be sent following receipt of these.

YORKSHIRE WATER: Advise Conditions.

SELBY AREA INTERNAL DRAINAGE BOARD: The development will have no impact on the Board maintained watercourse systems.

COUNTY ARCHAEOLOGIST: The site is within an area of extremely high archaeological potential. Medieval and Roman finds have made on nearby sites in recent years. It was previously recommended that the fuel tanks were removed under archaeological supervision in lieu of an evaluation and it is unclear if this has been done. If the tanks have been removed without supervision an evaluation of the site would be required. If the tanks have not yet been removed this should be done under archaeological supervision as previously recommended. Also advise a condition for a scheme of archaeological recording if permission is granted.

BRITISH WATERWAYS: The proposed development will enhance the visual appearance of the waterfront and waterway corridor by: removal of the petrol station, creation of new waterfront amenity space, improving access to waterfront, being designed and orientated to positively address the waterway and providing an attractive façade. Recommend that lighting is given careful consideration as this may impact on river navigation. Advise conditions and informatives if permission is granted.

21 under Policy ENV29. This Amenity space is a small public garden. It is overgrown and under used. It is considered that the proposed relocation of this garden is acceptable. The site lies within the Selby Town Conservation Area, and is also considered to be one of the key sites in the District so it is crucial that it is developed sympathetically. The proposed design is attractive with good use of depth and roof variation to give organic appearance. Attention to detail in proportions and elevations to emphasise each “building” is welcome. It is likely that the proposal would sit well against the buildings already in situation along the other side of Ousegate. However previous sketch schemes have included a large public square that is absent from this proposal. The result is a much larger mass of development on the river side and the view of the Listed buildings behind is lost. Advice should be sought from English heritage regarding the setting of the Listed buildings. The elevations are less detailed on the river side which should also be considered “the front”. More use of glazing and balconies on the river side would improve the outlook for residents, and also improve the elevations as viewed from the former Toll Bridge. With no overlooking of neighbours, it would be a shame not to do this. The commercial frontages are small and uniform. With the exception of the westernmost unit, they are weak and do not form part of the building – instead appearing as if they are stuck on afterwards. With more obvious commercial frontages there would be a stronger draw to entice people to use the development, in turn improving security through more activity on the street. The gaps left between the blocks must be carefully designed to promote circulation, but ensure that they do not become hang-outs or facilitate crime. Blank walls, particularly at ground floor level are not acceptable. The riverside access should be more attractively designed to promote its use. At present it appears to be featureless asphalt with occasional seats. A more sympathetic landscaping scheme reflecting the new public garden on the site upstream of the Toll Bridge would help to tie the development in to Selby. As stated above, a larger public square would give a greater focus to the development in the public interest. Subject to minor amendments to details of the design in the interests of both the future occupiers, and the general public in Selby, I have no objection to the proposal.

CONSERVATION AREA ADVISORY COMMITTEE: Meeting after committee deadline. Councillors will be updated at the Planning Committee.

ENVIRONMENTAL HEALTH: Reply awaited.

HH HERITAGE: Advise that the main items to consider are public access, material specification, and fenestration details ie windows and doors. It appears that most of my previous comments from pre-application discussions have been taken on board.

CONTAMINATED LAND CONSULTANT: Reply awaited.

COMMUNITY SAFETY OFFICER: Reply awaited.

NORTH YORKSHIRE FIRE AND RESCUE SERVICE: Reply awaited.

PUBLICITY: Properties adjacent to the site have been consulted by letter and site and press notices have been posted. Two responses have been received, one is an email supporting the development but providing no address or reason why, a second more detailed response is summarised below:

• The landscaping and public realm on the filling station site will be a sympathetic completion of the renaissance works on the other side of the bridge.

22 • Construction of multi-storey buildings along the riverside is totally inappropriate. • The building on the corner of Ousegate and New Street is completely out of character and it is important the same mistakes are not repeated on the riverfront. • Councillor Percival sees the riverside as a boulevard society but drab faceless buildings with only profit in mind will not attract people to Selby. • Corrunna House on Ousegate still receives significant numbers of visitors to see it 300 years after being built. If permission is given it should be for buildings that will be admired for years to come.

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 of the Regional Spatial Strategy for Yorkshire and the Humber (adopted May 2008) and the policies in Selby District Local Plan (adopted on 8 February 2005) saved by the direction of the Secretary of State.

The planning application has been assessed against the following policies:

National Guidance

PPS1 Delivering Sustainable Development PPS3 Housing PPS4 Planning for Sustainable economic Growth PPG13 Transport PPG15 Planning and the Historic Environment PPG16 Archaeology and Planning PPG17 Planning for Open Space, Sport and Recreation PPS 22 Renewable Energy PPS23 Planning and Pollution Control PPG24 Planning and Noise PPS25 Development and Flood Risk

Regional Spatial Strategy (RSS)

YH5 Principal Towns YH7 Location of Development ENV1 Development and Flood Risk ENV5 Energy ENV9 Historic Environment T1 Personal Travel Reduction

Selby District Local Plan

23 ENV30 Shopfronts ENV31 Advertisements in Conservation Areas H2A Managing the Release of Housing Land H2B Housing Density H6 Housing in Market Towns and Larger Villages EMP6 Employment Development within Development Limits T1 Development in Relation to the Highway Network T2 Access to Roads T6(2) Public Transport T7 Provision for Cyclists T8 Public Rights of Way VP1 Parking RT1 Protection of Existing Recreation Open Space RT2 Open Space requirements for new Residential Open Space RT7 Control of Riverside Recreational Facilities in Selby / Barlby Bridge S1 Existing Shopping Centres S3 Local Shops CS1 –4 Community Services

Developer Contribution Supplementary Planning Document (SPD)

The key issues are considered to be:

1) Principle of Development 2) Impact on the Historic Environment and the Character and Appearance of the Area 3) Highway Matters 4) Environmental Health 5) Drainage and Flood Risk 6) Landscaping and Amenity Areas 7) Residential Amenity 8) Developer Contributions

1) Principle of Development

The site which currently comprises a disused petrol filling station and Council garden is previously developed land and is located within Selby, the preferred location for the majority of the Districts new housing provision. The site is in a highly sustainable location close to the town centre, the bus and railway station and all other necessary services and amenities.

The disused filling station part of the site already has planning permission for a ground floor retail unit with 8 apartments above and parking. This permission does not expire until 21 September 2010.

2) Impact on the Historic Environment and the Character and Appearance of the Area

The site is located within the Selby Town Conservation Area and almost all of the buildings along the opposite side of Ousegate (on both sides of the crossroads) and on both sides of New Street and The Crescent are listed.

24 Authorities are required by section 66(1) of the Act, in considering whether to grant planning permission for development which affects a listed building or its setting, to have special regard to the desirability of preserving the building or its setting or any features of architectural or historic interest which it possesses.

Section 72 of the Act requires that special attention shall be paid in the exercise of planning functions to the desirability of preserving or enhancing the character or appearance of a conservation area.

The existing permission on the filling station site is for a large 3 storey building located up to the edge of the footpaths on Ousegate and Barlby Road. The approved building is of traditional design intended to replicate other large warehouse buildings further along Ousegate.

The proposed building would be set approximately 12m back from the Barlby Road frontage and would vary in height between approx 11.5 and 13.5 metres (the previously approved building would be approx 11.5m high). The general form, massing and design of the building is considered to in keeping with the historic context of the area although it is considered that significant improvements could be made to the finer details such as the dummy archway, window proportions, shopfronts, chimneys etc. In particular it is considered that the part of the building labelled A on the plans detracts from the character of the area by virtue of the dormer windows, window proportions etc. The part of the building labelled C which faces Barlby Road would have a hipped road which is not a feature typically found in Selby Town Conservation Area nor is the small gable projection facing Barlby Road. The ground floor frontages could be greatly improved by the removal of large expanses of brickwork and the installation of larger shopfronts. Modern glass frontages may work equally well on the riverside frontage.

Despite these concerns the proposal is considered to be a significant improvement on the approved scheme and would be more in keeping with this part of Ousegate and the Selby Town Conservation Area. The possibility of making some minor amendments to the detailing will be discussed with the agent prior to the committee meeting where Councillors will be updated.

Shopfronts, advertisements and materials also require careful control within the conservation area. Suitable conditions could be imposed to require the submission of details for individual shopfronts and advertisements. Replacements of shopfronts in the future and the display of advertisements that are illuminated or over a certain size will automatically require planning consent under current regulations. A condition requiring agreement of materials for walls, roofs, windows, rainwater goods etc could also be imposed on any approval.

In relation to archaeology, there is high potential for the site to contain archaeological remains. A condition for a suitable scheme of evaluation and recording would be required.

3) Highway Matters

Concerns have been raised by the Town Council in relation to lack of parking. It is acknowledged for there is very little on street parking available around the site due to the traffic lights, the narrow carriageway on New Lane and the general busy nature of

25 the adjacent roads. The little on street parking available is generally taken up by occupiers and visitors to the existing commercial and residential premises on Ousegate. Whilst there are two public car parks nearby (on Church Hill and in the park) these are both quite small and generally are full. The larger of the two car parks (the one in the park) is accessed via a narrow street (Park Row) and is expected to be used by other new development in this location such as the 12 new dwellings within and to the rear of the former Rose and Crown public House and also the proposed re-development of Abbey Tyres for 10 dwellings. The nearest larger public car parks are Micklegate and the railway station although these are also generally quite busy.

The parking standards set out in Policy VP1 are maximum standards and the notes attached to this policy confirm that these have different values dependant on accessibility to public transport, differing land uses and location. The site is located close to the town centre in close proximity to the train and bus stations, public car parks and public facilities and amenities.

Policy 7.71 of the Local Plan does state that in some circumstances a financial contribution may be sought to enable the District Council to make additional provision, which is considered to be an essential consequence of the scheme, at an appropriate alternative location. The previously approved scheme did include the provision of 7 parking spaces and room for deliveries. The current proposal does include a lay-by on the Ousegate frontage for loading during the day and parking overnight. However this would only accommodate approximately 2 cars and the only other provision is for indoor bicycle storage for occupiers/visitors to the residential units.

The lack of parking has been queried with the Local Highway Authority and they have confirmed that this is acceptable given the location of the site so close to the town centre, bus and rail station and the fact that there are existing parking restrictions in place in the area.

The fact that there would be no onsite parking or vehicular access to the site could arguably improve highway safety. Clearly the former filling station would have generated high volumes of regular traffic movements in and out of the site at this busy cross roads and the approved scheme would also result in the use of a vehicular access onto Ousegate close to the busy traffic lights. Additionally the scale and proximity of the previously approved building to the road would be likely to affect visibility.

The provision of a new public footway along the riverfront would result in improvements to pedestrian safety along the Trans-Pennine Trail. Unfortunately it does not appear that this would be wide enough to accommodate a cycle path.

The Local Highway Authority has raised concerns about pedestrian safety and has requested a pedestrian crossing on Barlby Road. There are also concerns about the construction specification and enforcement of the loading and parking bays that are not within the publicly maintained highway. These matters will be discussed with the Agent prior to Planning Committee and an update will be provided.

4) Environmental Health Matters

26 As a result of former uses of the site, in particularly the last use as a petrol filling station, there will clearly be contamination issues. This was addressed on the previous application by a planning condition and it is considered that this would be equally appropriate in this case.

There is potential for noise disturbance and odour nuisance for residents from the adjacent busy roads and from the existing and proposed adjacent commercial premises which at present includes pubs, takeaways etc. A conditions was previously imposed to ensure that noise levels within the dwellings would not exceed a specific level and this condition could be repeated although a noise assessment is generally preferred prior to advising conditions to ensure that any necessary noise mitigation measures can be achieved with adequate ventilation etc.

Conditions could be imposed in order to control hours of opening and deliveries for the commercial premises. A condition to agree and control the use of each individual ground floor unit would also be required to ensure that an appropriate mix is provided and maintained and to prevent for example the whole block being used for one specific use such as takeaways. Any external flues, ventilation systems etc would usually require a separate permission.

A response from Environmental Health has not yet been received.

5) Drainage and Flood Risk

Flood alleviation measures are included in the proposal which include the construction of a flood wall along the northern edge of the proposed new council garden, provision of flood gate between the council garden and the rear of the proposed building and incorporation of flood prevention measures in the north facing wall of the proposed building.

The site is located in Flood Zone 3 (High Risk). In accordance with the guidance of PPS25 the site has been sequentially tested and is considered to pass on the basis of its location in the principal town of Selby and within an a special policy area in need of regeneration. A further significant material consideration is the existing planning permission on the site.

I have been verbally advised by the Environment Agency that amendments have been sought to the flood risk assessment and the Agent is dealing with this matter. Subject to receiving confirmation from the Environment Agency that the flood risk assessment is acceptable, it is considered that the proposal would also pass the exceptions test. The other two parts of this test (the third being an acceptable flood risk assessment) are that the site is previously developed land and that there would be wide sustainability benefits to the community benefits to outweigh the risk of flooding. There are many significant benefits to this development such as the reuse and regeneration of this site which has become an eyesore, relocation and improvement of the public open space and access to the river frontage, completion of remaining section of flood defences, enhancing the entrance to the town and the appearance of the conservation area.

No objections have been raised by the Internal Drainage Board or Yorkshire Water subject to conditions. It is anticipated that further conditions will be advised by the Environment Agency when their response if received.

6) Landscaping and Amenity Areas

The Council garden is protected by Policy ENV29 of the Local Plan and should not be developed. However, the garden would be replaced by a new amenity space of equal size in a more appropriate location. This would assist in opening up access to the riverside and enhancing the appearance of the area.

No detailed landscaping proposals have been submitted although the site plan indicates some potential tree planting and grass verges along the Ousegate frontage. The council garden appears to be a mixture of hard and soft landscaping with some seating and tree planting. Detailed proposals can be conditioned.

7) Residential Amenity

The proposed building would be approx 15.5m from the buildings on the opposite side of the road and approx 70m from buildings on the opposite side of the river. The proposed building would be on the northern side of Ousegate and therefore would not over shadow the buildings opposite. The building on the corner of Ousegate and New Street is residential and it would appear that the upper floors of some of the other buildings are also in residential use. Whilst the separation between habitable room windows is below the usual standard the proposed building has been designed to have the main living rooms over looking the river and only the bedroom windows facing Ousegate. As such it is considered that the distance would be acceptable.

As mentioned in section 4 above there is potential for noise and odour from passing traffic and adjacent commercial uses. This could be mitigated by conditions.

8) Developer Contributions

The application proposes 10 residential units. The supplementary planning document “Developer Contributions” advises that developments of 4 or more dwellings should include provision for waste and recycling facilities and developments of 5 or more dwellings triggers provision of or contribution to the provision and/or maintenance of recreational open space. Affordable Housing is only applicable to developments of 15 or more dwellings.

Recent appeal decisions have confirmed that waste and recycling can be addressed by conditions. It is my understanding that the legal agreement that will be undertaken separate from this application to agree the land swap for the council garden will cover a contribution or maintenance agreement in relation to the garden.

CONCLUSION

The proposal is considered to be acceptable in principle as is the general layout, scale and massing of the development. The proposal would be a large improvement on the existing approved scheme. However there are a number of outstanding issues that need to be addressed and out standing consultation responses that need to be received and considered prior to making a decision.

RECOMMENDATION

28 This application is recommended to be Approved subject to officers being given delegated authority to resolve matters with regard to design, highways, the satisfactorily resolution of any further issues raised by consultees and the following conditions:

01. 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.

02. Prior to the commencement of the development details of the materials to be used in the construction of the exterior walls and roofs of the building shall be submitted to and approved in writing by the Local Planning Authority, and only the approved materials shall be utilised. A sample of the brickwork approx 1m x 1m is required to be constructed on the site. A sample ridge tile and samples of stonework/bricks for heads and sills is also required.

Reason: In order to ensure the development will preserve the setting of the adjacent listed buildings and the conservation area in accordance with Policies ENV1 and ENV25 of the Selby District Local Plan.

03. Prior to the commencement of development details of all external doors, window frames, glazing bars, shopfronts, rainwater goods, roof vents and ridge tiles shall be submitted to and approved in writing by the Local Planning Authority, and only the approved details shall be utilised and these shall thereafter be so retained and maintained unless otherwise approved in writing by the Local Planning Authority. Detailed plans should be to an appropriate scale.

Reason: To allow the Local Planning Authority to control the development in detail in order to comply with Policy ENV25 of the Selby District Local Plan.

04. All external doors, window frames and glazing bars shall be of painted timber construction. Prior to the commencement of development details of the colour finish shall be submitted to and approved in writing by the Local Planning Authority. Only the approved colour shall be utilised and shall thereafter be so retained and maintained as such unless otherwise approved in writing by the Local Planning Authority.

Reason: To allow the Local Planning Authority to control the development in detail in order to comply with Policy ENV25 of the Selby District Local Plan.

29 ii) a site investigation and assessment has been carried out by appropriate qualified and experienced personnel to determine the status of contamination [including chemical, radiochemical, flammable or toxic gas, asbestos, biological and physical hazards, other contamination] at the site and submitted to the Local Planning Authority. The investigations and assessments shall be in accordance with current Government and Environment Agency recommendations and guidance and shall identify the nature and concentration of any contaminants present, their potential for migration and risks associated with them. iii) a remediation scheme, which shall include an implementation timetable, monitoring proposals and remediation validation methodology, has been agreed in writing with the Local Planning Authority. b. After development commences, if any potentially contaminated (unusual/suspect) material or flammable/toxic gas not previously identified is discovered, then a further assessment and reviewed remediation scheme will be required by the LPA. If no contamination is found then this should be detailed in the completion report. c. A written confirmatory sampling and analysis programme with an appropriate risk assessment for the site in the form of a completion report to confirm the adequacy of remediation shall be submitted to the LPA and approved in writing before this condition will be discharged.

Reason: To ensure that the site is remediated to a satisfactory standard in order to protect public safety and the environment, including the waterway.

06. No development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority.

Reason: The site is of archaeological interest and to ensure compliance with Policy ENV28 of the Selby District Local Plan.

07. 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.

08. The use shall not commence until a scheme detailing all external artificial lighting has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the use commencing and shall be retained and maintained thereafter throughout the lifetime of the development.

Reason: In the interests of amenity in accordance with Policy ENV1 of the Selby District Local Plan.

09. Notwithstanding the plans submitted prior to the commencement of development, details of the proposed demolition/excavations/earth removal/foundations to be undertaken shall be submitted to and agreed in writing by the Local Planning Authority and thereafter implemented in accordance with the agreed details unless otherwise agreed in writing.

Reason: Demolition, excavation, earth removal and/or construction of foundations have the potential to adversely impact on the integrity of the waterway infrastructure.

10. 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.

11. 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 off-site works, have been submitted to and approved by the local planning authority.

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

12. 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.

13. No more than one of the commercial units on the ground floor shall be used for A4 use (Drinking Establishments) or A5 use (Hot Food Takeaways) at any one time.

Reason: In order to protect the amenity of existing and proposed residential units above and adjacent to the commercial units.

Maps and Plans available on request from the Planning Department

33 APPLICATION 8/19/435E/PA PARISH: Selby Town Council NUMBER: 2010/0070/FUL

APPLICANT: True Test Limited VALID DATE: 22 January 2010

EXPIRY DATE: 23 April 2010 PROPOSAL: Erection of 3 buildings for A1, A2, A3, A4, B1 (a) and (b) and D1 use and integral parking for 6 vehicles at ground floor level and 14 residential units at upper floor levels together with ancillary (integral) bin and bike storage and laying out and landscaping of public open space (public walkways) and private open space

LOCATION: Bridge Wharf Ousegate Selby North Yorkshire

DESCRIPTION AND BACKGROUND

The Site

The application site is approximately 0.16ha and comprises a former wharf lying on the north side of Ousegate to the east of the Council owned garden and former filling station and to the west of the railway bridge over the River Ouse. The site is currently disused.

The site is located in a prominent waterfront position that is clearly visible from the toll bridge when entering the Town. It is within the Selby Town Conservation Area, adjacent to many historic buildings, several of which are listed.

The Proposal

The application proposes the erection of three buildings with footprints of 192m2, 265m2 and 304m2 to provide 8 commercial units at ground floor level along with access and service accommodation for the 14 residential units that would be located on the floors above. A flexible approach is sought to the mix of uses permissible on the ground floor to maximise the opportunities for introducing new investment and activity into the area. The use classes listed in the proposal description at the top of this report would cover retail, offices, cafes, restaurants, wine bars, educational and health care facilities, galleries, museums and other such commercial uses.

RELEVANT PLANNING HISTORY

2005/0681/FUL - Proposed erection of a building (Block A) to provide 14No apartments with undercroft parking and commercial (cafe/restaurant) floorspace (123 square metres) with the formation of public open space, public art and a riverside viewing area – Permitted 08/10/2007

CONSULTATIONS

TOWN COUNCIL: No reply received.

LOCAL HIGHWAY AUTHORITY: No reply received.

ENGLISH HERITAGE: Wish to make comments. Request extension until 8th March as the historic area advisor in on annual leave.

ENVIRONMENT AGENCY: No reply received.

YORKSHIRE WATER: No reply received.

SELBY AREA INTERNAL DRAINAGE BOARD: No reply received.

COUNTY ARCHAEOLOGIST: Advise condition for a scheme of archaeological recording.

BRITISH WATERWAYS: No reply received.

NETWORK RAIL: Comment that close proximity of site to railway lines may result in noise nuisance for residents. Adequate sound proofing should be used.

DEVELOPMENT POLICY: Principle of the development is acceptable, mix of uses within the development is welcomed. The site is located in a “Special Policy Area” under Policy SEL6. Also subject to an emerging Supplementary Planning Document known as “the Station Quarter”. Although the emerging SPD has no formal status yet, the preliminary work demonstrates a broad support for the development by providing a range of uses on a key development site, housed in a traditional-style building. Where the proposal is less in line with the emerging SPD is in the proposed architecture. The Trans-Pennine trail runs along the site boundary. The proposal to improve the riverside will encourage use of this route through a more attractive setting. Part of site is designated a Local Amenity Space under Policy ENV29. This Amenity space is a small public garden. It is overgrown and under used. It is considered that the proposed relocation of this garden is acceptable. The site lies within the Selby Town Conservation Area, and is also considered to be one of the key sites in the District so it is crucial that it is developed sympathetically. The proposed design is attractive with good use of depth and roof variation to give organic appearance. Attention to detail in proportions and elevations to emphasise each “building” is welcome. It is likely that the proposal would sit well against the buildings already in situation along the other side of Ousegate. However previous sketch schemes have included a large public square that is absent from this proposal. The result is a much larger mass of development on the river side and the view of the Listed buildings behind is lost. Advice should be sought from English heritage regarding the setting of the Listed buildings. The elevations are less detailed on the river side which should also be considered “the front”. More use of glazing and balconies on the river side would improve the outlook for residents, and also improve the elevations as viewed from the former Toll Bridge. With no overlooking of neighbours, it would be a shame not to do this. The commercial frontages are small and uniform. With the exception of the westernmost unit, they are weak and do not form part of the building – instead appearing as if they are stuck on afterwards. With more obvious commercial frontages there would be a stronger draw to entice people to use the development, in turn improving security through more activity on the street. The gaps left between the blocks must be carefully designed to promote circulation, but ensure that they do not become hang-outs or facilitate crime. Blank walls, particularly at ground floor level are not acceptable. The riverside access should be more attractively designed to promote its use. At present it appears to be featureless asphalt with occasional seats. A more sympathetic landscaping scheme reflecting the new public

35 garden on the site upstream of the Toll Bridge would help to tie the development in to Selby. As stated above, a larger public square would give a greater focus to the development in the public interest. Subject to minor amendments to details of the design in the interests of both the future occupiers, and the general public in Selby, I have no objection to the proposal.

CONSERVATION AREA ADVISORY COMMITTEE: Meeting after committee deadline. Councillors will be updated at the Planning Committee.

ENVIRONMENTAL HEALTH: No reply received.

CONTAMINATED LAND CONSULTANT: No reply received.

COMMUNITY SAFETY OFFICER: No reply received.

NORTH YORKSHIRE FIRE AND RESCUE SERVICE: No reply received.

PUBLICITY: Properties adjacent to the site have been consulted by letter and site and press notices have been posted. No representations have been received at the time of writing this report.

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 of the Regional Spatial Strategy for Yorkshire and the Humber (adopted May 2008) and the policies in Selby District Local Plan (adopted on 8 February 2005) saved by the direction of the Secretary of State.

The planning application has been assessed against the following policies:

National Guidance

36 Regional Spatial Strategy (RSS)

YH5 Principal Towns YH7 Location of Development ENV1 Development and Flood Risk ENV5 Energy ENV9 Historic Environment T1 Personal Travel Reduction

Selby District Local Plan

SEL/6 New Street / Ousegate / Station Road Special Policy Area ENV1 Control of Development ENV2 Environmental Pollution and Contaminated Land ENV12 River and Stream Corridors ENV25 Control of Development in Conservation Areas ENV28 Archaeological Remains ENV29 Local Amenity Space ENV30 Shopfronts ENV31 Advertisements in Conservation Areas H2A Managing the Release of Housing Land H2B Housing Density H6 Housing in Market Towns and Larger Villages EMP6 Employment Development within Development Limits T1 Development in Relation to the Highway Network T2 Access to Roads T6(2) Public Transport T7 Provision for Cyclists T8 Public Rights of Way VP1 Parking RT1 Protection of Existing Recreation Open Space RT2 Open Space requirements for new Residential Open Space RT7 Control of Riverside Recreational Facilities in Selby / Barlby Bridge S1 Existing Shopping Centres S3 Local Shops CS1 –4 Community Services

Developer Contribution Supplementary Planning Document (SPD)

The key issues are considered to be:

37 1) Principle of Development

The site which is a former commercial wharf is previously developed land and is located within Selby, the preferred location for the majority of the Districts new housing provision. The site is in a highly sustainable location close to the town centre, the bus and railway station and all other necessary services and amenities.

The site already has planning permission for 14 apartments with undercroft parking and servicing, a single commercial unit (cafe/restaurant), public open space, public art and a riverside viewing area. This permission does not expire until 8th October 2010.

2) Impact on the Historic Environment and the Character and Appearance of the Area

The site is located within the Selby Town Conservation Area and most of the buildings on the opposite side of Ousegate are listed.

Authorities are required by section 66(1) of the Act, in considering whether to grant planning permission for development which affects a listed building or its setting, to have special regard to the desirability of preserving the building or its setting or any features of architectural or historic interest which it possesses.

The existing permission is for a modern 4 storey building of contemporary design and materials. This proposal also included the provision of a large area of public open space which retained views through the site to the listed warehouse opposite.

The current proposal would comprise three building blocks that appear as one block of four units and two blocks of three units of varying heights, widths and fenestration detail.

The general form, massing and design of the buildings is considered to be in keeping with the historic context of the area although unlike the previous scheme there are no views through to the listed buildings on Ousegate. It is considered that significant improvements could be made to the finer details such as the dummy archways, window proportions, shopfronts, chimneys etc. The ground floor frontages could be greatly improved by the removal of large expanses of brickwork and the installation of larger shopfronts. Modern glass frontages may work equally well on the riverside frontage although this may be unacceptable to the Environment Agency in terms of mitigating flood risk to the ground floors.

The proposal is considered to be more in keeping with this part of Ousegate and the Selby Town Conservation Area than the approved scheme. The possibility of making some amendments to the detailing will be discussed with the agent prior to the committee meeting where Councillors will be updated.

Shopfronts, advertisements and materials also require careful control within the conservation area. Suitable conditions could be imposed to require the submission

38 of details for individual shopfronts and advertisements. Replacements of shopfronts in the future and the display of advertisements that are illuminated or over a certain size will automatically require planning consent under current regulations. A condition requiring agreement of materials for walls, roofs, windows, rainwater goods etc could also be imposed on any approval.

In relation to archaeology, there is high potential for the site to contain archaeological remains. A condition for a suitable scheme of evaluation and recording would be required.

3) Highway Matters

The previously approved scheme did include the provision of 13 parking spaces and bin and cycle storage. The current proposal would have 6 parking spaces, bike and cycle stores and a lay-by on the Ousegate frontage (in front of the block of 4) for loading during the day and parking overnight. This would accommodate approximately 3 cars.

Comments are awaited from the Highway Authority regarding the suitability of the proposed access and parking arrangements and an update will be provided at the planning committee.

4) Environmental Health Matters

As a result of former uses of the site there will be contamination issues. It is considered that this could be addressed by condition.

There is potential for noise disturbance and odour nuisance for residents from the adjacent busy roads / railway bridge and from the existing and proposed adjacent commercial premises. A condition was previously imposed requiring a written scheme for protecting the internal environment of the apartments from noise and this condition could be repeated although a noise assessment is generally preferred prior to advising conditions to ensure that any necessary noise mitigation measures can be achieved with adequate ventilation etc.

A response from Environmental Health has not yet been received.

39 5) Drainage and Flood Risk

Flood alleviation measures are included in the proposal which include the construction of a flood wall from the south eastern corner of block 1 up to the existing flood wall, provision of a flood wall and floodgate between blocks 1 and 2, a flood wall between blocks 2 and 3 and incorporation of flood prevention measures in the north facing wall of the proposed building. A barrier is also proposed between this and the adjacent site on the council garden and the former filling station.

Subject to receiving confirmation from the Environment Agency that the flood risk assessment is acceptable, it is considered that the proposal would also pass the exceptions test. The other two parts of this test (the third being an acceptable flood risk assessment) are that the site is previously developed land and that there would be wide sustainability benefits to the community benefits to outweigh the risk of flooding. There are many significant benefits to this development such as the reuse and regeneration of this vacant and underused site, improvement of access to the river frontage, completion of remaining section of flood defences, enhancing the entrance to the town and the appearance of the conservation area.

It is anticipated that any necessary drainage and flood risk conditions will be advised by the Environment Agency, Yorkshire Water and the Local Drainage Board in due course.

6) Landscaping and Amenity Areas

No detailed landscaping proposals have been submitted although the site plan indicates some potential tree planting and grass verges along the Ousegate frontage. Detailed proposals can be conditioned.

7) Residential Amenity

The proposed building would be approx 15.5m – 18.5m from the buildings on the opposite side of the road and approx 60m from buildings on the opposite side of the river. The proposed building would be on the northern side of Ousegate and therefore would not over shadow the buildings opposite. It would appear that some of the upper floors of some of the buildings opposite the site could be in residential use. Whilst the separation between habitable room windows is below the usual standard the proposed buildings have been designed to have the main living rooms over looking the river and mainly bedroom, bathroom or study windows facing Ousegate. As such it is considered that the distance would be acceptable.

As mentioned in section 4 above there is potential for noise and odour from passing traffic and adjacent commercial uses. This could be mitigated by conditions.

40 8) Developer Contributions

The application proposes 14 residential units. The supplementary planning document “Developer Contributions” advises that developments of 4 or more dwellings should include provision for waste and recycling facilities and developments of 5 or more dwellings triggers provision of or contribution to the provision and/or maintenance of recreational open space. Affordable Housing is only applicable to developments of 15 or more dwellings.

Recent appeal decisions have confirmed that waste and recycling can be addressed by conditions. A draft Section 106 agreement has been submitted for a commuted sum towards the provision of recreation open space.

CONCLUSION

The proposal is considered to be acceptable in principle as is the general scale and massing of the development although the retention of the previously approved open space and views through to the listed warehouses would have been preferred. There are a number of outstanding issues that need to be addressed and out standing consultation responses that need to be received and considered prior to making a decision.

RECOMMENDATION

This application is recommended to be Approved subject to officers being given delegated authority to resolve matters with regard to design, the satisfactorily resolution of any further issues raised by consultees and the following conditions:

01. 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.

Reason: To allow the Local Planning Authority to control the development in detail in order to comply with Policy ENV25 of the Selby District Local Plan.

05. a. No part of the development hereby permitted shall commence until; i) an investigation and assessment methodology, including analysis suite and risk assessment methodologies, has been agreed in writing prior to site investigations by the Local Planning Authority. ii) a site investigation and assessment has been carried out by appropriate qualified and experienced personnel to determine the status of contamination [including chemical, radiochemical, flammable or toxic gas, asbestos, biological and physical hazards, other contamination] at the site and submitted to the Local Planning Authority. The investigations and assessments shall be in accordance with current Government and Environment Agency recommendations and guidance and shall identify the nature and concentration of any contaminants present, their potential for migration and risks associated with them. iii) a remediation scheme, which shall include an implementation timetable, monitoring proposals and remediation validation methodology, has been agreed in writing with the Local Planning Authority. b. After development commences, if any potentially contaminated (unusual/suspect) material or flammable/toxic gas not previously identified is discovered, then a further assessment and reviewed remediation scheme will be required by the LPA. If no contamination is found then this should be detailed in the completion report. c. A written confirmatory sampling and analysis programme with an appropriate risk assessment for the site in the form of a completion report to confirm the adequacy of remediation shall be submitted to the LPA and approved in writing before this condition will be discharged.