Mission Statement

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

25 March 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 2 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 5 March 2008 (pages 6 to 13 attached).

4. Chair’s Address to the Planning Committee

5. Planning Applications Received - Site Visits

Reports of the Head of Service – Development Services.

• 2007/1199/FUL – Highfield Nursing Home, Scarthingwell Park, Barkston Ash (pages 14 to 24 attached).

6. Planning Applications Received – Non Site Visits

Reports of the Head of Service – Development Services.

• 2007/0211/FUL – 37 Low Street, Sherburn in Elmet (pages 25 to 33 attached).

• 2007/1261/FUL – Biggin Lane Garage, Nanny Lane Church Fenton (pages 34 to 42 attached).

• 2007/0776/FUL – Land at Weeland Road, Kellingley (pages 43 to 52 attached).

• 2007/1400/FUL – Land at Gowdall Road, Hensall (pages 53 to 56 attached).

• 2007/1483/MAJ – Bowman’s Mill, Selby Road, Whitley (pages 57 to 64 attached).

• 2008/0072/FUL –Marybern, Green Lane, Stutton (pages 65 to 78 attached).

• 2008/0023/COU –Thorganby Methodist Church, Main Street Thorganby (pages 79 to 89 attached).

• 2007/1397/OUT – 2 York Road, Riccall (pages 90 to 98 attached).

• 2008/0042/FUL – Glenside Cottage, 2 Lumby Lane, Monk Fryston (pages 99 to 105 attached).

• 2007/1386/FUL – 81 Dane Avenue, Thorpe Willoughby (pages 106 to 111 attached).

• 2008/0189/FUL – Ness Bank, Baffam Lane, Brayton (pages 112 to 125 attached).

7. Planning Enforcement Sub- Group

Report by the Head of Service – Planning and Economic Development (pages 126 to 128 attached).

Reports for Information

1. List of Planning Applications Determined Under Delegated Powers

Applications that 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 31 March 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 30 April 2008 14 April 2008 22 April 2008 28 May 2008 12 May 2008 19 May 2008 25 June 2008 9 June 2008 17 June 2008 23 July 2008 7 July 2008 15 July 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: [email protected] Items for Planning Committee 2nd April 2008

Case File Number: Site Address: Officer Page

Site Visits 2007/1199/FUL Highfield Nursing Home, Scarthingwell Park STNA 16

Applications Received 2007/0211/FUL 37 Low Street, Sherburn in Elmet STNA 26 Biggin Lane Garage, Nanny Lane, Church 2007/1261/FUL Fenton STNA 35 2007/0776/FUL Land at Weeland Road, Kellingley RABA 45 2007/1400/FUL Land at Gowdall Road, Hensall RABA 54 2007/1483/MAJ Bowman’s Mill, Selby Road, Whitley RABA 59 2008/0072/FUL Marybern, Green Lane, Stutton ELPH 67 Thorganby Methodist Church, Main Street, 2008/0023/COU Thorganby RISU 81 2007/1397/OUT 2 York Road, Riccall KERO 92 2008/0042/FUL Glenside Cottage, 2 Lumby Lane, Monk Fryston CLRI 101 2007/1386/FUL 81 Dane Avenue, Thorpe Willoughby CLRI 107 2008/0189/FUL Ness Bank, Baffam Lane, Brayton SAHI 114

SELBY DISTRICT COUNCIL

Minutes of the proceedings of a meeting of the Planning Committee held on 5 March 2008, in Committee Rooms 1& 2, The Civic Centre, Portholme Road, Selby, commencing at 4.00pm.

767 Minutes 768 Chair’s Address to the Planning Committee 769 2007/1489/0UT – 56 Low Street, Sherburn in Elmet 770 2007/1261/FUL – Nanny Lane Garage, Church Fenton 771 2007/0983/REM – Land Adjacent Units 11-14 Bypass Park Estate, Sherburn in Elmet 772 2008/0071/TPO – The Orchards, Church Fenton 773 2008/0040/TPO – 76a Main Street, Riccall 774 2007/1531/TPO – Westwood Residential Home, Selby 775 2008/0049/TPO – 6 Rose Lea, Hillam 776 Tree Preservation Orders - Delegated Powers 777 Applications to be determined by the County Council on which the views of the District Council are requested 778 Private Session 779 Enforcement Sub Group minutes 780 Urgent Item 781 Code of Conduct

Present:

Councillors: J Cattanach, I Chilvers, Mrs D Davies, K Ellis, D Fagan, W Inness, M Jordan, C Lunn (for J Mackman), D Mackay, B Marshall, W N Martin, Mrs K McSherry (for J Deans), Mrs E Metcalfe, C Pearson, Mrs S Ryder, S Shaw- Wright, R H Sweeting

Officials: Jonathan Lund – Strategic Director, Head of Service – Planning and Economic Development, Principal Planning Officer, Planning Officer, Temporary Solicitor, Trainee Solicitor, Committee Administrator and Public Speaker Officer.

Public: 8 Press: 0

Planning Committee 5 March 2008 6 764 Chairman for the meeting

In the absence of the Chairman and Vice Chair, it was Resolved:

That Councillor J Cattanach be appointed chair for the meeting.

765 Apologies for Absence and Notice of Substitution

Apologies were received from Councillors J Mackman and J Deans

Substitute Councillors were Mrs K McSherry (for J Deans) and C Lunn (for J Mackman).

766 Disclosure of Interest

Councillor K Ellis declared a personal and prejudicial interest in application 2007/1261/FUL – Nanny Lane Garage, Church Fenton.

767 Minutes

Resolved:

That the minutes of the proceedings of the meeting of the Planning Committee held on 6 February 2008 be confirmed as a correct record and be signed by the Chair.

768 Chair’s Address to the Planning Committee

The Chair informed councillors of the Planning Committee visit to Yorkshire Water’s wind farm at Loftsome Bridge. The visit will be held on the 8th April starting at 10.00am. Councillors were requested to notify the Committee Administrator if they wished to go.

769 Planning Applications Received

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

Planning Committee 5 March 2008 7 Application: 2007/1489/OUT Location: 56 Low Street, Sherburn in Elmet Proposal: Outlined application for 14 apartments including layout, scale and means of access.

Officer Update

The Planning Officer informed councillors that concerns raised in the previously refused application concerning run-off rates and means of drainage had been addressed by the applicant and were included in the conditions within the recommendations.

Mr Townsend – Agent

Mr Townsend informed councillors of the following issues

• Planning Permission granted for single dwelling and conversion of existing property • Comprehensive re-development of site • Conforms with Government Policy • Parking Standards • Parking Apron included in plans can be removed • Conforms to Highways Standards • Sherburn stone can be used • Boundary Wall can be retained • Previous concerns with drainage addressed

Councillors raised concerns over possible contamination from disused petrol tanks. The Principal Planning Officer explained that Condition 12 covered these concerns and development could not begin until they had been complied with.

It was moved by Councillor M Jordan and seconded by Councillor N Martin

That the application be deferred.

Motion lost

Resolved:

That the application be granted.

Planning Committee 5 March 2008 8 Having declared a personal and prejudicial interest in the application, Councillor K Ellis left the chamber and took no part in the discussion or voting on this item.

770 Application: 2007/1261/FUL Location: Nanny Lane Garage, Church Fenton Proposal: Thirteen Apartments

Officer Update

The Planning Officer updated councillors on the comparison of the approved layout from the outline permission and the layout received in this application.

Mr Chester – Objector

Mr Chester informed councillors he objected to the application for the following reasons

• Access concerns • Noise concerns • Location of the refuse bins • Increase in traffic • Inadequate parking spaces • Narrow footpaths • Flooding concerns • Increase pressure on drainage system • Out of character

Mrs Morbey – Church Fenton Parish Council

Mrs Morbey informed councillors she objected to the application for the following reasons

• Outline permission -different footprint • Lots of development in the village • Doesn’t fit into street scene • Over development • Out of Character • Concerns with sight lines • Loss of amenity to surrounding property • Road safety issues • Traffic concerns • Drainage concerns

Planning Committee 5 March 2008 9

Resolved:

That the application be deferred until the 2nd April 2008 committee to allow officers to discuss with the applicant the best way to address the Committee’s concerns in relation to:

• Character of the development • Scale and Form compared to the footprint • Two storey preferred

Councillor K Ellis returned to the chamber.

771 Application: 2007/0983/REM Location: Land adjacent Units 11-14 Bypass Park Estate, Sherburn in Elmet Proposal: Approval of reserved matters for the erection of industrial units (B1, B2 and B8) with associated parking and storage

Officer Update

The Principal Planning Officer confirmed no comments had been received from the Highways Agency but conditions were included in the recommendations.

Resolved:

That the application be granted

772 Application: 2008/0071/TPO Location: The Orchards, Church Street, Church Fenton Proposal: Application to fell trees T8 & T10 and carry out works to tree T9 under TPO/2/2001

Resolved:

That the application be granted.

Planning Committee 5 March 2008 10 773 Application: 2008/0040/TPO Location: 76a Main Street, Riccall Proposal: Application for consent to fell tree under TPO 7/1979

Resolved:

That the application be granted.

774 Application: 2007/1531/TPO Location: Westwood Residential Home, 21 Doncaster Road, Selby Proposal: Application to fell tree T5 and crown lifting and dead wooding to all trees under TPO 12/1980

Resolved:

That the application be granted.

775 Application: 2008/0049/TPO Location: 6 Rose Lea Close, Hillam Proposal: Application to fell Silver Birch tree (T2) and trim Scots Pine tree (T1) under TPO 18/2003

Resolved:

That the application be granted.

776 Tree Preservation Orders - Delegated Powers

Arising out of consideration of the four TPO matters above, Councillors considered the possibility of giving the Head of Service amended powers of delegation, as set out on page 87 of The Constitution.

Resolved:

To amend the existing delegation to read:

‘To deal with works to trees (lopping/topping/pruning) including all matters relating to the felling of trees in conservation areas and/or subject to Trees Preservation Orders except where, in the case of a tree covered by a Tree Preservation Order, an objection has been duly received’.

Planning Committee 5 March 2008 11 777 Application to be determined by the County Council on which the views of the District Council are requested

Resolved:

That the applications be noted.

778 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.

779 Enforcement Sub-Group Minutes

The Chair presented councillors with the minutes of a meeting of the Enforcement Sub-Group held on 28 January 2008.

Resolved:

That the minutes be noted.

780 Urgent Item

Jonathan Lund – Strategic Director submitted a report in respect of a possible Judicial Review of a decision to grant Conservation Area Consent for demolition.

The Strategic Director informed councillors that legal advice had been sought which was detailed in the report before them and councillors were briefed on further legal implications and the advice they had received.

Correspondence on behalf of the recipient of the Conservation Area Consent was also placed before the committee.

Planning Committee 5 March 2008 12 Resolved:

That in light of the information before the Committee, Officers be authorised to

• Agree to a consent for the Conservation Area Consent to be quashed and a consent to be filed in suitable terms

And

• To withhold the discharge of conditions on the parallel approval of planning permission.

781 Code of Conduct

Following an observation by one of the committee member’s clarification on the conduct of members was discussed.

Resolved:

That the Code of Conduct of committee members be subject to member training at a later date.

The meeting closed at 5.32 pm.

Planning Committee 5 March 2008 13 E S N W

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APPLICATION 2007/1199/FUL PARISH: Saxton Cum Scarthingwell Parish NUMBER: Council

APPLICANT: Barchester VALID DATE: 26 October 2007 Healthcare PROPOSAL: 65 Bedroom care home

LOCATION: Highfield Nursing Home Scarthingwell Park Barkston Ash Tadcaster North Yorkshire

DESCRIPTION AND BACKGROUND:

THE PROPOSAL:

The application is for a replacement nursing home comprising 50 bedrooms and 15 close care apartments, in place of the existing fifty five bed nursing home.

SITE DESCRIPTION:

The application site is located in Scarthingwell Park, a historic park located in the Green Belt. The site is currently occupied by an existing two storey care home, located adjacent to a Grade II Listed Church. The park is predominantly open land with woodland and landscaping, however it does include a number of individual dwellings, the existing care home, a Grade II listed church and a large block of apartments.

PLANNING HISTORY:

The site has had numerous planning applications made on the site and within the park, however no similar applications have been made on the application site.

CONSULTATIONS:

PARISH: No comments received.

LOCAL HIGHWAY AUTHORITY: No objections subject to a condition regarding the Public Right of Way.

YORKSHIRE WATER: No objections.

INTERNAL DRAINAGE BOARD: No objections.

16 CONSERVATION OFFICER: No objections to the proposal due to the increased views of the church and the movement away from the Church of the main bulk of the development.

TREE AND LANDSCAPE OFFICER: No objections subject to a landscaping scheme for replacement planting.

NORTH YORKSHIRE ARCHAEOLOGY: No objections subject to conditions.

NATURAL ENGLAND: No objections subject to an informative note with regard to obtaining a license.

ENGLISH HERITAGE: No objections.

NEIGHBOURS:

Two petitions have been received from neighbouring properties concerned over the effect the development will have on the Green Belt and the adjacent Listed Building. Further to this there are objections based on the three storey height of part of the new building and also the nature of the new use and the type of patients that are to be residing in the new development.

Further to this four individual letters have been received from properties within the park concerned over further development in the park, the impact on the church and the Green Belt, the nature of the occupants of the development and highways issues through the construction period. An objection letter was also received from Scarthingwell View, the closest property to the development, concerned over the proximity of the new development and issues of overlooking.

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 those Policies of the Selby District Local Plan (adopted on 8 February 2005) as saved by the direction of the Secretary of State.

The site is located outside defined development limits within the Green Belt. The main issues to address are the implications on the Green Belt, the impact on the listed building, highways safety and the effect on neighbouring properties.

The site is located within the Green Belt, therefore the proposed development must be assessed against PPG2 ‘Greenbelt’ and Policies GB2 and GB4 of the Selby District Local Plan.

17 Policy GB2 lists a set of criteria of appropriate developments within the Green Belt.

Further to this Policy GB4 states,

‘Proposals for development in the Green Belt, or which are conspicuous from an area of Green Belt, will only be permitted where the scale, location, materials and design of any building or structure, or the laying out and use of land, would not detract from the open character and visual amenity of the Green Belt, or the form and character of any settlement within it.’

When making a recommendation in respect of an application which affects a Listed Building, regard must be had to S66 (1) of the Planning (Listed Buildings and Conservation Areas Act) 1990 which requires the Local Planning Authority to ‘have special regard to the desirability of preserving the building or its setting or any features of a special architectural or historic importance which is possesses’. Paragraph 3.3 of Planning Policy Guidance 15 (Planning and the Historic Environment) says that the presumption should be in favour of preservation.

Planning Policy Statement 15 "Planning and the Historic Environment" provides national policy and guidance for development affecting listed buildings. This is transposed, in part, into Policy ENV22 of the Selby District Local Plan, which provides the overall framework for assessing proposals of this type.

Policy ENV22 states that

‘Development will not be permitted where it would have a detrimental effect on the character, fabric or setting of a listed building.’

Policy ENV16 states ‘Development proposals affecting historic parks or gardens will only be permitted where the appearance, setting, character or amenity of an historic park or garden would not be harmed.’

Planning Policy Statement 1, together with Policy ENV1 provide the general policy framework and underlying principles within which the Council should consider development proposals, stating

ENV1 Proposals for development will be permitted provided a good quality of development would be achieved. In considering proposals the district Council will take account of………

The policy goes on to describe eight categories of issues that should be taken into account in the determination of development proposals.

Policy and guidance in respect to development and highway safety is provided by Policies T1 and T2, of the Selby District Local Plan, and Planning Policy Statement 13 “Transport”.

18 The site is subject to blanket Tree Preservation Order, therefore Policy ENV21 (A) is appropriate, which states

‘Where appropriate, proposals for development should incorporate landscaping as an integral element in the layout and design, including the retention of existing trees and hedgerows, and planting of native, locally occurring species.’

ASSESSMENT

The decision making process when considering proposals for development in the Green Belt is in three stages, and is as follows:-

a It must be determined whether the development is appropriate or inappropriate development in the Green Belt. PPG2 and the local plan set out the categories of appropriate development.

b If the development is appropriate, the application should be treated favourably unless there is demonstrable harm to interests of acknowledged importance, other than the preservation of the Green Belt itself, which justifies overriding the general presumption in favour.

c If the development is inappropriate, the presumption against inappropriate development in the Green Belt applies and the development should not be permitted unless there are very special circumstances which outweigh the presumption against it.

Policy GB2 and the guidance contained in PPG2 make no provision for replacement buildings, other than dwellings. Therefore the replacement care home is considered to constitute inappropriate development within the Green Belt.

It is for the applicant to show why permission should be granted and it should be justified by ‘very special circumstances’ which clearly outweigh the harm caused by reason of inappropriateness and any other harm.

There is no comprehensive list of very special circumstances and the Courts have found that they describe an overall state of affairs and which may be comprised of a number of circumstances that are more than the sum of their parts. Those circumstances must however be “very special” as opposed to common or garden planning considerations and it has been found, for example, that an absence of harm will rarely be sufficient to constitute very special circumstances. It has also been found that circumstances that are truly ‘very special’ are by definition unlikely to give harm by way of damaging precedent.

The applicant has provided information demonstrating what the applicant believes to be very special circumstances. These include:

1. The requirement to improve the building to modern standards, and

19 2. The improvement on the impact on the Grade II Listed Building and the Historic Park.

With regard to these it is considered that the first ground does not constitute very special circumstances, as no evidence is included to demonstrate that refurbishment and internal alteration of the existing property would not bring it to modern standards.

However, it is considered that the improvement on the setting of the Listed Building and the Historic Park could be considered as very special circumstances. Although these have the potential to be normal planning considerations that would be considered in determining an application in any event, this application is unusual in that it is considered that the benefits are site specific and would not be general considerations that could be applied to any site or create a fear of precedent.

The site is located within an historic park and within the proximity of the Grade II Listed Church. The current buildings on the site were originally part of a school on the site and are two storeys in height developed from glazing and render with a flat roof. The existing building comprises fifty five bedrooms and as a conversion is difficult to improve to meet current standards. The existing property is located in very close proximity to the Grade II listed building, located only ten metres from the western elevation and wrapping round it to the north.

The new property would be located 35 metres to the west and would no longer wrap along the northern part of the listed building. Although the application includes a third storey element, it is set back from the church and enables views of the church from all directions and creates a better setting for the listed building with a larger space around it. It is therefore considered that due to the positioning, design and external appearance of the new care home it would improve the setting of the listed building and the character of the historic park.

It is therefore considered that the improvements to the setting of the listed building and historic park are sufficient to constitute very special circumstances that outweigh the inappropriate nature of the development.

IMPACT ON THE OPENESS AND VISUAL AMENITY OF THE GREEN BELT

The existing care home accommodates 55 bedrooms over two storeys. The new care home is to accommodate 50 single bedrooms for the care home, 4 two bedroom apartments and 11 one bedroom apartments for close care. The close care apartments have bathrooms, kitchens and a living room to provide more independence to the occupants.

The new care home is to be on a larger footprint, however it is to be moved away from the listed building. The new care home is to be an L-shaped building with the two elements meeting with a focal three storey part in the north west corner. The two elements then reduce in size to single storey. Due to the design, materials and layout of the scheme it is

20 considered that the development would not have a detrimental impact on either the open countryside or visual amenity of the Green Belt in accordance withy Policy GB4.

The proposed new care home is of a similar scale to the existing and due to its design, positioning and materials is considered to have a more positive impact on the surrounding historic park, listed building and openness of the Green Belt in accordance with Policies ENV16, ENV22 and GB2 respectively.

RESIDENTIAL AMENITY:

The closest residential property is Scarthingwell View a property which is to be demolished and replaced by a new dwelling further away from the care home. Due to the distance from the care home it is considered that the objector’s new dwelling, currently being built, would not be affected by either overlooking or overshadowing. Further to this, due to the distance from the larger elements of the scheme it is not considered that it would be dominated by the new building.

HIGHWAYS SAFETY:

The application is for a replacement care home with an increase of ten rooms, therefore the traffic generated will be similar to the existing levels. Consultation with the Highways Officer raised no objections to the development subject to a condition to keep the public right of way within the site clear. However, the public right of way should be kept clear at all times under highways legislation and it is not considered that the condition is necessary. The proposed development is therefore considered acceptable in terms of highways safety in accordance with Policy T1 of the Selby District Local Plan.

OTHER CONSIDERATIONS:

The site is not a designated nature conservation area, however a bat survey has shown the presence of bats. As a result of the application requiring the demolition of an existing building a bat survey has been supplied. This has been forwarded to Natural England who have confirmed that they have no objections to the development. A condition is therefore recommended to ensure the implementation of the mitigation measures included as part of the bat survey.

The application site has a number of trees subject to a Tree Preservation Order, four of which are to be removed. Due to the size and nature of these trees no objections are raised to their removal subject to a landscaping scheme on the site. The site is also located within an Historic park and therefore required consultation with English Heritage.

A number of objections have been received citing concerns over the nature of the patients who are to occupy the care home and that the application is for a secure unit. The applicant has provided details of the development and the specific requirements that a secure unit would require, should it be applied for. As none of these measures are included with the application it is considered sufficient to confirm the intention to develop a like for like care home for a similar nature of patients.

CONCLUSION:

However it is considered that the applicant has demonstrated very special circumstances to justify overriding the general presumption against the development in the Green Belt. The proposed new care home is of a similar scale and due to its design, positioning and materials is considered to have a more positive impact on the surrounding historic park, listed building and openness of the Green Belt in accordance with Policies ENV16, ENV22 and GB2 respectively. Further to this it is not considered that the development would have a detrimental impact on either highways safety or residential amenity in accordance with Policies ENV1 and T1 of the Selby District Local Plan.

Amongst the recommended conditions, It would be necessary on any approval to ensure that the existing building is demolished as a result of the implementation of any consent. This would require a phasing programme to address how residents are to be decanted and the existing and proposed, developed and demolished in phases, is controlled.

RECOMMENDATION:

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.

2 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 care home; 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 Selby District Local Plan.

3 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,

22 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. The approved scheme shall also include details of protection to the existing trees in accordance with BS5837 (2005).

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.

4 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 in writing by the Local Planning Authority.

Reason: To ensure that the development can be properly drained, having had regard to Policy ENV1 of the Selby District Local Plan.

5 Prior to demolition work commencing a scheme detailing measures to minimise the impact of noise, dust and dirt on adjacent residential properties shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to demolition commencing and shall be retained throughout the demolition period.

Reason: In order to protect the residential amenity of neighbouring properties in accordance with Policy ENV1 of the Selby District Local Plan.

6 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.

23 7 The development hereby approved shall be carried out in accordance with the mitigation proposals contained within paragraph 6.2 of the Bat Survey report dated 4 October 2007 included with the application.

Reason: In order to ensure the protection of bats on the site in accordance with Policy ENV14 of the Selby District Local plan and guidance contained in PPG9.

8 No development shall commence until there has been submitted to and approved by the local planning authority a scheme of phasing to demonstrate how the new development will proceed alongside demolition of the existing building.

Reason: In order to ensure that the full occupation of the building hereby approved does not take place without a commitment and timescale to the removal of the existing building in its entirety having taken account of the very special circumstances advanced by the applicant.

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APPLICATION 8/58/496E/PA PARISH: Sherburn In Elmet Parish NUMBER: 2007/0211/FUL Council

APPLICANT: Every Star Ltd VALID DATE: 13 March 2007

EXPIRY DATE: 8 May 2007 PROPOSAL: Conversion, extension and new build to create residential development for five dwellings LOCATION: 37 Low Street Sherburn In Elmet Leeds North Yorkshire LS25 6BB

DESCRIPTION AND BACKGROUND

THE PROPOSAL

The proposal is for an extension to the existing office block to provide three dwelling units and the erection of two dwellings following the demolition of the existing outbuilding/workshop. The proposal would result in five dwelling units and associated parking.

SITE DESCRIPTION:

The site is located centrally within Sherburn In Elmet settlement. The site is comprised of an office building and associated outbuilding/ workshop. The area is characterised by a mix of residential and business units.

PLANNING HISTORY:

There is a comprehensive history to the site. Of particular relevance is:

Reference: CO/1994/1014 - 8/58/496D/PA Description: Erection of a two storey extension to existing offices and erection of a detached dwelling Decision: Application Permitted Date: 06.01.1995

The dwelling as previously approved has been erected and is located to the east of the site looking into the site. As such the extension to the offices could be implemented under this approval.

CONSULTATIONS

PARISH COUNCIL: No objections

26 NATURAL ENGLAND: Object to the proposal on grounds of insufficient information being submitted regarding impact upon legally protected species, particularly bats using the outbuilding.

HIGHWAYS NORTH YORKSHIRE COUNTY COUNCIL: No objections subject to conditions.

YORKSHIRE WATER SERVICES LTD: No objections. Recommend conditions be attached to any approval granted and note that a 225mm diameter sewer crosses the site.

SELBY AREA INTERNAL DRAINAGE BOARD: No observations.

PRINCIPAL ECONOMIC DEVELOPMENT OFFICER: No response received.

NORTH YORKSHIRE HERITAGE SECTION: No objections on archaeology grounds. Recommend conditions be attached to any approval granted.

PRINCIPAL ENVIRONMENTAL HEALTH OFFICER: No objections. Recommend conditions be attached to any approval granted.

NEIGHBOURS: All immediate neighbours were informed by letter and a site notice was erected. Seven letters of representation were received at the time of writing the report, the following comments were made:

- Overlooking and overshadowing of adjacent properties - Over development of the site - Detrimental to the character of the area - Protected species on the site - Parking and vehicular access provision - Materials of the proposed dwellings - The development has no turning facility - The plans are not to scale and misleading - The boundary wall should be retained - Trees along the northern boundary of 41 Low Street should not be touched.

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 those policies of the Selby District Local Plan (adopted on 8 February 2005) saved by the direction of the Secretary of State.

Planning Policy Statement 1, together with Policy ENV1 provide the general policy framework and underlying principles within which the Council should consider development proposals, stating

27 ‘ENV1 Proposals for development will be permitted provided a good quality of development would be achieved. In considering proposals the district Council will take account of………’

The policy goes on to describe eight categories of issues that should be taken into account in the determination of development proposals, including:

1) The effect upon the character of the area or the amenity of adjoining occupiers; 4) The standard of layout, design and materials in relation to the site and its surroundings and associated landscape.

Planning policy and guidance in respect to residential development is provided by Planning Policy Statement 3 "Housing" and policies H2A and H6 of the Selby District Local Plan. Planning Policy Statement 3 aims to promote sustainable forms of urban development, emphasising the importance of the location of residential development in relation to centres of employment and services, to decrease the need to travel by private car. Furthermore PPS3 promotes the use of brownfield sites for residential development. At local policy level the policy framework is provided by H2A and H6, which are in accordance with national policy

Proposals for residential development should also comply with Policy H2A which aims to ensure house building is achieved in a sustainable manner, stating

H2A “In order to ensure that the annual house building requirement is achieved in a sustainable manner, applications for residential development up to the end of 2006 will only be acceptable on the following:

1) Previously developed sites and premises within defined development limits, subject to the criteria in Policies H6 and H7. 2) Sites allocated in Phase 1.

Sites allocated in Phase 2 will only be released after 2006…………….”

Policy H6 states that within these areas residential development will be permitted provided that the proposal:

1) Is of a scale and design appropriate to the form and character of the settlement or immediate locality; 2) Would provide a satisfactory standard of residential accommodation and amenity; 3) Would not create conditions prejudicial to highway safety or which would have a significant adverse effect on local amenity; 4) Would not compromise the future comprehensive development of land; 5) Would not constitute an unacceptable form of backland or tandem development; 6) Would not harm acknowledged nature conservation interests or result in the loss of open space of recreation or amenity value or which is intrinsically important to the character of the area; and 7) Would not be subject to overriding considerations that would render the site unsuitable or the development inappropriate.

Policy and guidance in respect to development and highway safety is provided by Policies T1 and T2, of the Selby District Local Plan, and Planning Policy Statement 13 “Transport”.

28 Policies T1 and T2 state;

T1 “Development proposals should be well related to the existing highway network and will only be permitted where existing roads have adequate capacity and can safely serve the development.”

T2 “Development proposals which would result in the creation of a new access or the intensification of the use of an existing access will be permitted provided:

1) There would be no detriment to highway safety; and 2) The access can be created in a location and to a standard acceptable to the highway authority

Proposals which would result in the creation of a new access onto a primary road or district distributor road will not be permitted unless there is no feasible access onto a secondary road and the highway authority is satisfied that the proposal would not create conditions prejudicial to highway safety.”

Policy VP1 states,

‘The District Council will support the provision of parking spaces/facilities in new developments up to the maximum car parking standards as set out in Appendix 4.’

ASSESSMENT:

Planning Policy Statement 3 "Housing" provides national policy and guidance for residential development. This is transposed, in part, into Policies H2A and H6 of the Selby District Local Plan, which provides the overall framework for assessing proposals of this type.

Sherburn in Elmet is identified within the Selby District Local Plan as a settlement that is capable of accommodating additional growth, therefore Policy H6 must be considered in determining this application. In these areas, ‘proposals utilising previously developed land, which may include small infilling plots, residential or commercial curtilages and the redevelopment or conversion of existing premises, will be acceptable subject to the criteria in Policy H6’. The site is currently occupied by an existing unit and curtilage, which is therefore considered previously developed land as defined in Annex B of PPS3.

IMPACT ON CHARACTER AND FORM:

The site measures approximately 0.07 hectares in size, giving a density of approximately 71 dwellings per hectare. The site is located adjacent to a residential development and has residential properties on three sides. Furthermore it is noted that the character of the area is a mixture of residential and commercial development with no predominant style. It is considered that the proposal would result in a cul-de-sac similar to those found within the locality. The representations made in relation to the material of the proposed dwellings are noted, however it is considered that acceptable external materials can be achieved through a condition attached to any approval granted requiring approval by the Local Planning Authority. The redevelopment of this site is not considered to be out of character with the area in accordance with Policy H6 (1) and ENV1 of the Selby District Local Plan.

29 RESIDENTIAL AMENITY:

With regard to impacts on residential amenity and accommodation the proposed new dwellings must be assessed in terms of their impact on the existing properties in the area and their potential to have a detrimental effect on residential amenity by virtue of overlooking, overshadowing and being overdominant.

Overlooking

The letters of representation are noted with regard to overlooking. The main potential for overlooking to occur is to the properties located immediately to the east, 2 Bramble Court and a property to the north, 5 Chestnut Gardens.

The overlooking from these properties is likely to occur from the properties at plots two and three. Plots two and three are located on the footprint of an extant permission for office accommodation. Further to this the windows on the first floor are bedrooms facing towards two rooflights and an obscured window on the property in Chestnut Gardens. The side elevation of the property on Bramble Court does not have primary windows in it. The development is to be located on the site of an extant planning permission for office accommodation. Due to the hours of use of office accommodation and the nature of the windows in the new dwellings it is considered that the issue of overlooking is not considered to have a further detrimental impact on the occupants of either of these neighbouring properties.

Overshadowing

The proposed extension and conversion of the existing offices is of no greater size than the existing approval for an extension to the offices on site. It is therefore considered that the impacts of overshadowing in this respect have previously been considered as acceptable.

The proposed two dwelling units following demolition of the existing outbuilding/workshop would, by virtue of its scale and siting, not result in any significant overshadowing to the detriment of amenity of the adjacent occupiers due to their orientation, scale and distance from the dwellings. The proposal is therefore considered acceptable in this respect in accordance with ENV1 (1) and H6 (2) of the Selby District Local Plan.

Overdominant

The proposed extension and conversion of the existing offices is of no greater size than the existing approval for an extension to the offices on site. It is therefore considered that the impacts of overdominance in this respect have previously been approved as acceptable.

The proposed two dwelling units following demolition of the existing outbuilding/workshop would, by virtue of its scale and siting, not result in any oppressive massing to the detriment of amenity of the adjacent occupiers. The proposal is therefore considered acceptable in this respect in accordance with ENV1 (1) and H6 (2) of the Selby District Local Plan.

The proposal is therefore considered acceptable in accordance with Policy H6 (2) ENV1 and ENV25 of the Selby District Local Plan.

30 HIGHWAYS SAFETY:

The site has sufficient internal site parking and turning space to enable vehicles to enter and exit in a forward gear. The site has sufficient sight lines and as the development is utilising an existing access it is not considered to be detrimental to highways safety. The adopted parking standards require a maximum of eight spaces, whereas only seven are provided. As they are maximum standards no objections are raised to the reduction of one space. Consultation with the Highways Officer has raised no objections subject to conditions. The application is therefore considered acceptable in accordance with Policies H6 (3), T1, T2 and VP1.

FUTURE DEVELOPMENT OF THE SITE:

The land is not required as access to any other undeveloped sites and as such the proposal is not considered to compromise future development in accordance with Policy H6 (4).

BACKLAND DEVELOPMENT:

The proposal has an access on to Low Street and is not considered to constitute backland or tandem development in accordance with Policy H6 (5).

NATURE CONSERVATION:

The demolition of the outbuilding/workshop is not development and therefore does not form part of this application or require consent from the Local Planning Authority, furthermore the conversion is of the existing office block. Notwithstanding this it is an offence to disturb a protected species, and all bat species are protected under the Conservation (Natural Habitats, &c.) Regulations 1994 and the Wildlife and Countryside Act 1981 (as amended). A licence from Natural England would be required in order to allow prohibited activities, such as disturbing bats or damaging their breeding sites and resting places, for the purposes of development. The protection of protected species is therefore provided by other legislative frameworks. Natural England have objected to the development on the grounds of bats, however as this is covered by other legislation and a license would be required for any works to be done it is considered that an informative could be included on any decision notice.

OTHER CONSIDERATIONS:

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.

Concerns have been raised by objectors with regard the scale of the drawings, however the application plans in terms of footprint accord with the ordinance survey plan and no conflict is apparent.

Concerns are also raised over existing boundary treatment, however a condition may be attached for the boundary treatment to be retained.

31 There are therefore no other overriding material considerations in accordance with Policy H6 (7).

CONCLUSION:

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 proposed residential development would not have a detrimental effect on the form and character of the area or either the residential amenity of the occupants of neighbouring properties or highways safety. The application is therefore considered not to be contrary to Policies H2A, H6, ENV1, T1, T2 and VP1 of the Selby District Local Plan.

RECOMMENDATION:

This application is recommended to be approved subject to conditions for the reason stated in the above report.

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 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 Selby District Local Plan.

3 Prior to the commencement of development details of the means of site enclosure 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.

4 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, in order to comply with Policy ENV1 of the Selby District Local Plan.

32 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 off- site works, have been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the development can be properly drained, having had regard to Policy ENV1 of the Selby District Local Plan.

6 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.

7 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.

8 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.

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APPLICATION 2007/1261/FUL PARISH: Church Fenton NUMBER:

APPLICANT: ACJ Developments VALID DATE: 17/10/2007

PROPOSAL: Erection of 13 apartments and associated works.

LOCATION: Biggin Lane Garage Nanny Lane Church Fenton

DESCRIPTION AND BACKGROUND:

The application is for the erection of thirteen apartments and was heard at the last Planning Committee on 5th March 2008. Councillors had a number of concerns regarding the scale of the dwelling and the height, and stated that they would prefer to see a development on the footprint of the previously approved outline planning permission. Further to this, Councillors confirmed that due to the timescales involved in determining the application, they would like it to be brought back to the next available Committee.

The applicant’s architect has confirmed that due to the large alterations to the scheme, the timescales involved are insufficient to enable a revised scheme to be drawn up and submitted for determination. Therefore no further plans have been received since the last Planning Committee. On this basis it is considered that there are two options available to Councillors.

1. Refuse the application based on the current plans and the current scheme for thirteen apartments. 2. Defer the application again to enable further plans to be submitted for determination;

Should Councillors be minded to refuse the application the following is a recommended reason for refusal:

‘1. The proposed development by virtue of its footprint, mass 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.’

The previous report is attached below for information.

THE PROPOSAL:

The application is for full planning permission for 13 apartments on the site of Biggin Garage, Nanny Lane, Church Fenton.

35 SITE DESCRIPTION:

The application site is located on a prominent corner, at the junction of Busk Lane, Nanny Lane and Main Street in the eastern part of Church Fenton. The site is 1332 square metres in area and currently occupied by two large vacant buildings and a large area of hardstanding. The site was previously utilised as a commercial car garage with one of the buildings used as a showroom with the curtilage to the front used as a forecourt for the display of vehicles. The other building was utilised for vehicle repairs in accordance with the vehicle sales business.

The site has residential dwellings adjacent on both the north and east boundaries. To the south a public house is located on the opposite side of the road and to the east a detached bungalow, also on the opposite side of the road. The properties adjacent to the site are detached two-storey properties facing the road.

PLANNING HISTORY:

The site has had previous applications made with regard to the garage, including a new roof and the installation of a carwash.

The most recent application was made in 2006, reference 2006/0209/FUL for outline planning permission for apartments including access. This application specified that the use of the site would be apartments and included an indicative layout showing three- storey elements on the corner of the site. An application was received for the approval of reserved matters for the layout, appearance, design and landscaping. However, this application did not comply with the siting of the apartments or the access as approved on the outline application. Therefore the application was made invalid and returned to the applicants and this application for full planning permission made.

CONSULTATIONS:

CHURCH FENTON PARISH: The Parish Council have objected on the following grounds:

- The development is urban in style and inappropriate in this area contrary to the form and character of the area. - A lack of need of this type of development in the area. - Highways safety. - The strain on local infrastructure. - There is no precedent for three-storey developments or apartment blocks in East Church Fenton.

LOCAL HIGHWAY AUTHORITY: No objections subject to conditions to widen the footpath to 1.8 metres and to close off the existing access.

36 YORKSHIRE WATER: No objections subject to the approval of a scheme.

SELBY AREA INTERNAL DRAINAGE BOARD: No objections.

MINSITRY OF DEFENCE: No objections.

ENVIRONMENTAL HEALTH OFFICER: No objections subject to conditions regarding contaminated land, hours of operation and noise during demolition and construction.

CIVIL AVIATION AUTHORITY: No objections.

CRIME PREVENTION DESIGN ADVISOR: No objections subject to observations, which are to be included as an informative.

NEIGHBOURS: Seven letters of objection have been received from neighbouring properties citing the following reasons:

- Overdevelopment of the site. - Inappropriate three-storey development. - Insufficient parking provision. - Insufficient sight lines at the junction due to the positioning of the building. - Overlooking of neighbouring gardens and window. - The positioning of the refuse storage.

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), the North Yorkshire Structure Plan (Alteration No3) (adopted in 1995) and those policies of the Selby District Local Plan (adopted on 8 February 2005) saved by direction of the Secretary of State.

The site is located within defined development limits. The main issues to address are the implications on the form and character of the streetscene, highways safety and the effect on neighbouring properties and sustainability.

37 Planning Policy Statement 1, together with Policy ENV1 provide the general policy framework and underlying principles within which the Council should consider development proposals, stating

‘ENV1 Proposals for development will be permitted provided a good quality of development would be achieved. In considering proposals the district council will take account of….’

The policy goes on to describe eight categories of issues that should be taken into account in the determination of development proposals, including

Planning policy and guidance in respect of residential development is provided by Planning Policy Statement 3 "Housing" and Policies H2A and H6 of the Selby District Local Plan. Planning Policy Statement 3 aims to promote sustainable forms of urban development, emphasising the importance of the location of residential development in relation to centres of employment and services, to decrease the need to travel by private car. Furthermore, Planning Policy Statement 3 promotes the use of brownfield sites for residential development. At local policy level, the policy framework is provided by Local Plan Policies H2A and H6, which are in accordance with national policy

Policy and guidance in respect of development and highway safety is provided by Policies T1, T2 and VP1 of the Selby District Local Plan, and Planning Policy Statement 13 “Transport”.

In relation to development, noise and other forms of disamenity, Policy ENV2 must also be considered.

ASSESSMENT:

Church Fenton is identified within the Selby District Local Plan as a village that is capable of accommodating additional growth, therefore Policy H6 must be considered in determining this application. In these areas, ‘proposals utilising previously developed land, which may include small infilling plots, residential or commercial curtilages and the redevelopment or conversion of existing premises, will be acceptable subject to the criteria in Policy H6’. The site is currently occupied by an existing commercial garage and curtilage, which is therefore considered previously developed land as defined in Annex B of PPS3.

38 IMPACT ON CHARACTER AND FORM:

The site measures approximately 0.13 hectare in size, giving a density of approximately 100 dwellings per hectare (dph). Whilst this is 2.5 times the Local Plan range of 30 to 40 dph, the development is for apartments and therefore does not include amenity areas for each property, which has the effect of raising the density.

Paragraph 50 of PPS3 states that ‘the density of existing development should not dictate that of new housing by stifling change or requiring duplication of existing style or form.’ Further to this it states, ‘imaginative design and layout of new development can lead to a more efficient use of land without compromising the quality of the environment.’

The application is for a new apartment block comprising thirteen apartments. The design utilises the corner position of the site by providing a focal three-storey element with smaller two-storey blocks running along Busk Lane and Nanny Lane. The design ensures that the property has the two-storey elements adjacent to neighbouring properties to continue similar roof heights with gradual increase to the central part, which is three- storeys.

The site has three main viewpoints from Nanny Lane, Busk Lane and Main Street. When approached from both Nanny Lane and Busk Lane the visible elements are two-storeys raising in height to three-storey. The most prominent view of the scale and design is from Main Street approaching the property directly from the front.

The development in terms of its scale, massing and height is different in character and form to the surrounding area. However, the site is not located in a conservation area and does not have a predominant nature of development in terms of style or layout. The immediate area is residential and although predominantly comprising detached dwellings the site does currently have a large mass of buildings comprising the showroom and workshop. Further to this, the design of the properties is to be from brick, has pitched roofs and represents a modern development. Despite not reflecting the adjacent detached dwellings it is considered that due to the design of the property maximising the prominent corner plot, the application, although different from the surrounding properties, would not have a significant detrimental impact on the form and character of the area.

The application is therefore considered to be acceptable in accordance with Policy H6 (1).

RESIDENTIAL AMENITY:

With regard to impact on residential amenity and accommodation the proposed new dwellings must be assessed in terms of their impact on the existing properties in the area and their potential to have a detrimental effect on residential amenity by virtue of overlooking, overshadowing and being overdominant.

The application site is located on a corner plot and has boundaries with two existing dwellings, namely, Ashkirk to the east and a detached property to the north. The site is

39 also located opposite Old Forge Cottage, a detached bungalow to the west. Old Forge Cottage is 36 metres from the front elevation of the property and therefore is not considered to be significantly affected by the development.

The property to the south of the development site, Ashkirk, has no windows on the side elevation and currently is located immediately adjacent to the workshop element of the business, with the property running the length of the garden. The application includes a new access road adjacent to the boundary with this property and moves the built development twelve metres from the side elevation and removes any buildings from being adjacent to the boundary of the property. The new development would therefore have no impact on the residential amenity of the occupiers of the property by virtue of its location and design. Notwithstanding this, there is the potential for the vehicle movements adjacent to the property to have a detrimental impact on residential amenity. However, the side elevation of the property is blank and due to the current levels of noise from the business and the potential use of the site as a retail unit it is considered that the vehicle movements would be reduced and the levels of noise would be lower under the proposed scheme.

The property to the north of the site has five windows located on the side elevation. However, all of these are obscured and serve a kitchen, bathroom and stairway. To the front of the property is a garage door and a first floor dormer window serving a bedroom. Due to the orientation of the properties and that the new development has a blank gable elevation it is considered that there would be no detriment in terms of overlooking or overdominance. Concerns have again been raised with regard to the parking area and noise issues. However with suitable boundary treatment it is not considered that the levels of noise would be significantly detrimental.

The proposed development is therefore considered acceptable in terms of residential amenity in accordance with Policy H6 (2).

HIGHWAYS SAFETY:

The site has been granted outline planning permission for apartments including the creation of a new access. Notwithstanding this, this application is for full planning permission with all issues to be determined, including access and highways safety issues. The Highways Officer has been consulted with regard to the impact on the adjacent highway, the new access, the internal arrangements and car parking provision. Subsequently no objections have been raised by the Highways Officer subject to conditions. It is therefore considered that the application is in accordance with Policies T1, T2, VP1 and H6 (3).

FUTURE DEVELOPMENT OF THE SITE:

The application is utilising the full site with buildings and car parking. The land is not required as access to any other sites and as such the proposal is not considered to

40 compromise future development and therefore in this respect the proposal would be in accordance with Policy H6 (4).

BACKLAND DEVELOPMENT:

The application is for frontage development and is therefore considered not to constitute an unacceptable form of backland development, the development is therefore considered acceptable in accordance with Policy H6 (5).

NATURE CONSERVATION:

The application involves the demolition of an existing garage. However, due to this building’s recent use it is not considered that a bat survey is required as it is unlikely to be utilised as a roost. Furthermore no evidence has been received to suggest that the site is being occupied by bats. Notwithstanding this an informative is to be added to the decision notice, informing the applicants that a licence would be required should the presence of bats be found at the site. The application for the redevelopment of the site is therefore considered not to be contrary to Policy H6 (6).

OTHER CONSIDERATIONS:

Yorkshire Water and the Internal Drainage Board have raised no concerns over drainage or flooding subject to conditions. However, these have been included on the outline application and are therefore enforceable.

The comments with regard to contaminated land are noted and are to be conditioned accordingly.

The site has sufficient space to accommodate refuse storage within the site without affecting the amenity of neighbouring properties.

There are therefore no other overriding material considerations in accordance with Policy H6 (7).

CONCLUSION:

Having had regard to the development plan, all other relevant local and national policies, letters of representation, consultation responses and all other material planning considerations, it is considered that the proposed residential development would not have a detrimental effect on the form and character of the area or either the residential amenity of the occupants of neighbouring properties or highways safety. The application is therefore considered not to be contrary to Policies H6, and ENV1 of the Selby District Local Plan.

41 RECOMMENDATION:

For Councillors to determine how to proceed with the application, with either a refusal based on the current plans or for further deferral to enable the applicants to provide an alternative scheme.

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S APPLICATION SITE Item No: Land at Weeland Road, Kellingley Address: 2007/0776/FUL 43 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 APPLICATION 8/52/155/PA PARISH: Beal Parish Council NUMBER: 2007/0776/FUL

APPLICANT: Messrs M Addy VALID DATE: 9 August 2007 And W France EXPIRY DATE: 4 October 2007 PROPOSAL: Proposed erection of 5 dwellings (3 detached houses and a pair of semi detached houses) LOCATION: Land At Weeland Road Kellingley Knottingley North Yorkshire

DESCRIPTION AND BACKGROUND

This application seeks full planning consent for the erection of 5 dwellings and garages comprising 3 detached houses and one pair of semi-detached houses.

The proposal has been amended considerably following initial concerns raised by Officers and neighbours. The application originally sought consent for four 2½ storey dwellings, measuring approx 9.5m high, on the rear part of the site with garages in front of them. The amended plans submitted show three 2 storey houses, measuring approx 7.5m high, with driveways in between serving single garages to the rear. The pair of semi-detached houses at the front raised no significant concerns and as such this part of the proposal has not been amended.

The site is located on the southern side of the A645, Weeland Road, Kellingley and to the north of Kellingley Colliery. To the east of the site there are four detached bungalows with rear gardens which back onto the site. There is also a detached bungalow on the eastern side of the site, to the rear of 213 Weeland Road. The remainder of the area comprises a mixture of 1930’s style semi-detached houses along with several older cottages. There is no development on the opposite side of Weeland Road.

The site is considered to be previously developed land having until recently been occupied by a dwelling and outbuildings. The site area is 3750 square metres and therefore the density of the proposed development would be 13 dwellings per hectare.

RECENT PLANNING HISTORY

8/52/34G/PA – Outline consent for the erection of 3 dwellings – Approved 14/02/2003

8/52/34H/PA – Reserved Matters for the erection of a detached house (Plot 1) – Approved 30/03/2006

8/52/34J/PA – Reserved Matters for the erection of a detached bungalow (Plot 2) – Approved 30/03/2006

8/52/34K/PA – Reserved Matters for the erection of a detached bungalow (Plot 3) – Approved 30/03/2006

45 CONSULTATIONS

Please note these are the consultation responses to the original proposal. Re- consultation on the amended plans has been carried out and Councillors will be updated on any further responses or new issues raised, at the Committee Meeting.

PARISH COUNCIL – Object – drainage and sewage issues to be resolved, concerned about loss of privacy to existing properties, concerned about access and that the design of the development does not fit visually with existing buildings.

HIGHWAY AUTHORITY – Advise refusal on the grounds that a road to serve six or more properties should be constructed to adoptable standards.

YORKSHIRE WATER – Advise conditions in relation to foul and surface water drainage.

ENVIRONMENTAL HEALTH – Advise conditions to minimise disturbance during construction.

CONTAMINATED LAND OFFICER – Advise conditions in relation to contaminated land.

CE ELECTRIC – Comments relating to location of northern electric apparatus in the area.

KNOTTINGLEY TO GOWDALL IDB – No observations.

PUBLICITY – Neighbours have been consulted by letter and a site notice has been posted. Seven letters of objection have been received on the following grounds:

• 3 storey houses are inappropriate in this location • Overlooking/loss of privacy to neighbouring properties • Drainage and flooding concerns – insufficient capacity in existing sewage system • Highway safety • Overshadowing • Proposal is not in keeping with the surroundings • Loss of view • Planning permission was refused in 1998 due to dust blow from the colliery, this has not changed and proposed houses would be closer to colliery than the former dwelling that has now been demolished • Devaluation of property • Proposed access road would not be wide enough

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, dated January 2008.

46 National / Regional Policies

PPG2 Green Belt PPS3 Housing

Regional Spatial Strategy for Yorkshire and the Humber

Policy P1 - Strategic Patterns of Development Policy H2 - Sequential approach to the allocation of housing land

Selby District Local Plan

Policy GB2 – Control of Development in the Green Belt Policy GB4 – Character and Visual Amenity of the Green Belt Policy ENV1 - Control of development Policy H2A – Sustainable development Policy H2B – Density Policy H7 – Housing Development in Smaller Villages Policy T2 - Access

Key Issues i) Principle of Development ii) Form and Character iii) Highway Safety iv) Residential Amenity v) Developer Contributions

i) Principle of Development

The site lies within the development limits of Kellingley and is considered to be previously developed land having until recently been occupied by a dwelling and outbuildings.

Kellingley is identified in the Local Plan as a settlement which is capable of accommodating only limited growth and is also washed over by Green Belt. Policies GB2 and H7 are relevant to such settlements and advise that residential development will be restricted to sensitive infilling and other small scale redevelopment of previously developed land within the development limits.

Applications for the approval of reserved matters for the erection of two detached bungalows and one detached house on this site have recently been approved.

The extant planning permission is a material consideration and it is therefore considered that the principle of residential development would be acceptable on this site.

ii) Form and Character

Criteria 1, of Policy H7 in the Local Plan, states that proposals should not detract from the form and character of the settlement. The area comprises a mixture of two-storey houses along the frontage of Weeland Road, and Turver’s Lane, to the east of the site, comprises four detached bungalows. There is also a detached bungalow on the western side of the site, to the rear of 213 Weeland Road.

The site is long and narrow. It is proposed to erect a pair of semi-detached houses towards the front of the site that would be in keeping with existing development along Weeland Road.

A new private access road would be constructed along the western side of the site that would serve the existing bungalow (211a) and the three proposed detached houses at the rear.

The proposed houses to the rear would be over 80 metres from Weeland Road and would only be visible from views down the proposed access road between the existing bungalow and the proposed semi-detached houses at the front of the site. These dwellings would be 7.5m high, only 0.5m higher than the bungalow which has recently been constructed on the adjacent site on Turvers Lane. The houses would also be generously spaced by the provision of a driveway and footpath at the side of each dwelling. This would be in keeping with the character and form of the surrounding area.

The site area is 3750 square metres and therefore the density of the proposed development would be 13 dwellings per hectare. Despite being well below the recommended minimum density of 30 dwellings per hectare, this is considered to be acceptable given the policy restrictions in this location and the fact that this would be almost double the density of the extant permission and would achieve a more efficient use of the land.

The settlement is washed over by Green Belt. However, the proposal is considered to constitute small scale infilling that would not affect the openness or visual amenity of the Green Belt.

iii) Highway Safety

The Local Highway Authority have recommended that the application is refused for the following reason:

“The proposed access road is not of a suitable layout or construction to cater for the traffic which would be likely to be generated by this proposal. It is a policy of the North Yorkshire County Council as the Highway Authority, based upon the advice contained in the Department of Environment Publication, `Design Bulletin 32, Residential Road and Footpaths, Layout Considerations', that where six or more properties have their principal means of access on to a street, then the street shall be capable of being laid out to a standard suitable for adoption as a highway maintainable at public expense. The arrangements detailed on the planning application do not satisfy the requirements for an adoptable road, with particular regard to layout and construction. This is contrary to the advice given in the above Publication, which states:

“It is important that new roads and footpaths should be constructed so that they are suitable for adoption".

48 The proposed new access road would serve four dwellings in total, the existing bungalow known as 211a Weeland Road, and the three proposed detached dwellings towards the rear of the site. The proposed pair of semi-detached houses would have their own separate access directly onto Weeland Road. There is therefore no requirement for the access road to comply with the Highway Authority’s advice.

Additionally Design Bulletin 32, referred to in the Highway Authority’s comments has now been superseded by The Manual for Streets which is less restrictive.

The proposed new accesses would have clear visibility of 3m x 120m onto Weeland Road and each dwelling would have parking and turning facilities within its own curtilage.

The proposed access road would be 4.5m wide for the first 10m narrowing to 3m with a 1.5m wide footway and a service vehicle turning head. The road would be surfaced and drained.

The proposal is therefore considered to be acceptable in terms of highway safety and in accordance with Policies ENV1, H7 and T2 of the Local Plan.

iv) Residential Amenity

The separation distance between the proposed houses at the front of the site and those at the rear would be approximately 55m. The separation distance between the existing bungalow (211A Weeland Road) and the new houses to the rear would be approximately 44m (over twice the recommended minimum distance of 21m to minimise overlooking). The minimum separation distance between the rear of the bungalows on Turvers Lane and the side elevation of the nearest dwelling would be approximately 12.5m and the minimum distance between 211A Weeland Road and the side elevation of the nearest dwelling would be approximately 8.5m. The only windows in the gable side elevation of the houses to the rear would be to a toilet and a bathroom. The only side gable window in the semi’s at the front of the site would be a small circular secondary window to the attic bedroom.

The dwellings to the rear have been significantly amended to minimise the impact of the development on the adjacent bungalows on Turvers Lane. The number of houses at the rear has been reduced from four to three, the height has been reduced by 2m and the separation distances have been increased.

Concerns relating to sewerage, drainage and flooding have been raised by the Parish Council and neighbours. However, no objections have been made by the relevant statutory consultees subject to conditions.

It is therefore considered that the amended proposal would be acceptable in terms of residential amenity. v) Developer Contributions

The applicant has agreed to a Grampian condition that would enable the council to require payment towards the provision of recreational open space and to cover the cost of waste and recycling facilities for each dwelling in accordance with the Council’s approved supplementary planning document “Developer Contributions”.

49 CONCLUSION:

The site is previously developed land within the development limits of a small settlement. The density is very low, however low density residential development has been previously accepted on this site.

It is considered that the proposed development would not be detrimental to the form and character of the area, highway safety, residential amenity or the openness of the Green Belt.

The proposal is therefore considered to be acceptable and in accordance with the relevant development plan policies as set out above.

RECOMMENDATION:

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

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 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 Selby District Local Plan.

03. 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, in order to comply with Policy ENV1 of the Selby District Local Plan.

04. 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 in writing by the Local Planning Authority.

Reason: To ensure that the development can be properly drained, having had regard to Policy ENV1 of the Selby District Local Plan.

50 05. 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, having had regard to Policy ENV1 of the Selby District Local Plan.

06. 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.

07. Prior to any site preparation or development work commencing, a scheme to minimise the impact of noise, dust, dirt and vibration on nearby residents shall be submitted to and agreed in writing with the Local Planning Authority. The approved scheme shall be employed throughout the construction period.

Reason: In order to minimise disturbance to neighbours.

08. Operation of noisy equipment and vehicles shall be restricted to between 08.00 hours and 18.00 hours Monday to Fridays and between 08.00 hours and 13.00 hours on Saturdays and at no time on Sundays, Bank Holidays and Public Holidays.

Reason: In the interests of residential amenity.

09. No development including any site clearance or construction work shall commence until the following documents have been submitted and agreed in writing by the Local Planning Authority:- i) a contaminated land desktop study - phase 1 document ii) a site investigation report - phase II as required based upon (i) iii) a remediation statement as required based on (i) and (ii) iv) an unforeseen contamination strategy dealing with any contamination that had not been highlighted during (i) and (ii)

51 v) a validation report as proof of completion of (iii) and (iv) should be submitted in writing to the Local Planning Authority as evidence to certify that the land is suitable for end use vi) any imported fill material shall be tested to ensure that no contamination is present within the fill and vii) all of the above documents, investigations and operations should be carried out by a qualified and accredited consultant/contractor specialising in assessment and evaluation of contaminated land. Any site work or investigation will be carried out in a manner that is within health and safety regulations.

Reason: To ensure that the risks of contamination are fully assessed, the nature and extent of any contamination is investigated and that adequate remedial measures are undertaken to mitigate against any unacceptable risks to the health and safety of future residents of the development.

Note: Please contact the Contaminated Land Officer or visit the Link: http://www.selby.gov.uk/upload/development of contaminated land.pdf for details on guidance of the above.

10. The following matters are reserved for approval by the Local Planning Authority and no development on the site shall be carried out until the necessary matters have been approved:

i) Arrangements for the securing of recreational open space or developer contributions for recreational open space, in accordance with the Supplementary Planning Document for Developer Contributions (March 2007), and policy RT2 of the Selby District Local Plan.

ii) Arrangements 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 Supplementary Planning Document for Developer Contributions (March 2007).

11. Prior to the first use of the development the vehicular access, parking and turning facilities shall be formed in accordance with the submitted drawings. Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

Reason: To provide for an 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 to accord with Policy ENV1 of the Selby District Local Plan.

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I A APPLICATION 8/38/211/PA PARISH: Hensall Parish Council NUMBER: 2007/1400/FUL

APPLICANT: Hallam Land VALID DATE: 18 January 2008 Management Ltd EXPIRY DATE: 14 March 2008 PROPOSAL: Erection of a 70m high meteorological mast for a period of 36 months

LOCATION: Land At Gowdall Road Hensall Goole North Yorkshire

DESCRIPTION AND BACKGROUND

This application seeks temporary planning permission for the erection of a seventy metre high meteorological mast on land on the north side of Gowdall Road to the east of Hensall village.

The mast, which would be a long slender pole constructed of galvanised stainless steel, would be set on a metal base plate and would be anchored at four points which would be equally spaced around the mast. Each anchor point would secure seven steel guy lines that would stretch a radius of approximately 50m from the mast itself and that would hold the mast upright in adverse weather.

The mast would be required for a period of 36 months to investigate whether the site is a viable location for a wind farm by measuring wind speed and direction. At the end of the 36 months the structure would be removed leaving no permanent traces of its existence.

The site lies within open countryside and is predominantly flat open agricultural land. There are no dwellings or any other type of buildings within the immediate proximity of the site. Access to the site would be via the existing farm access using a tractor or four wheel drive. No new infrastructure, boundary treatment or landscaping would be necessary.

Planning History

There is no planning history on the site.

CONSULTATIONS

PARISH COUNCIL – No great concerns about these plans.

COUNTY ECOLOGIST – No reply received.

YORKSHIRE WILDLIFE TRUST – No reply received.

CIVIL AVIATION AUTHORITY – Proposed development would not constitute an aviation en-route obstruction.

54 DEFENCE ESTATES – The site is outside of Ministry of Defence (MOD) safeguarding areas. Therefore confirm that the MOD has no safeguarding objections to this proposal.

NATS (AIR TRAFFIC CONTROL SERVICES) – No safeguarding objections to this proposal.

LEEDS BRADFORD AIRPORT – No safeguarding objections.

ROBIN HOOD AIRPORT – No objections.

EAST MIDLANDS AIRPORT – No objections.

HUMBERSIDE AIRPORT – No reply received.

SHERBURN AERO CLUB – No reply received.

BURN GLIDING CLUB - No reply received.

PUBLICITY – There are no immediate neighbours however a site notices has been posted. No representations have been received.

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, dated January 2008.

The site lies within land allocated as open countryside within the Selby District Local Plan. The main policies to assess the proposal against are considered to be policies ENV1, DL1 and ENV6.

Policy ENV1 relates to the control of development and gives guidelines as to what considerations should be given to development in respect of impact on the character of an area, residential amenity, highway safety and so forth.

Policy DL1 relates to development within the open countryside. Part 1 of this policy is considered to be most relevant to the proposal.

Policy ENV6 relates to developments for renewable energy. The proposed mast is a first step in considering a renewable energy scheme within an area, in order to monitor and assess wind speeds over a period of at least one year. It is therefore considered appropriate to assess the proposal against this policy.

The main issue to be taken into account is the visual impact upon the open countryside. The mast would not generate any noise and would not be within close proximity of any residential properties, therefore it is considered unnecessary to further assess this aspect of the impact of the mast.

55 The site lies within the River Aire Corridor character area as defined in the Strategic Landscape Assessment prepared for the District as part of the preparation of the Local Plan. This area is strongly influenced by large scale industrial and infrastructure development, in particular by power stations and the M62 motorway. The proposed mast would be tall and slender in design and therefore would not appear prominent in the surrounding landscape.

Policy ENV6 requires development in relation to renewable energy to not have a significant impact upon the immediate and wider landscape, and to achieve a high standard of design, materials and landscaping. Whilst no substantial effort would be made to erect a mast of an outstanding design, or to provide landscaping to soften the impact of the mast, it would be erected only temporarily for a period 36 months, and would not, in its proposed form, have a significant impact upon the landscape.

Whilst the mast would not directly act as a form of renewable energy, the information gained from the mast would provide essential data to allow the developer to assess whether wind speeds in the area would be sufficient for the development of a wind energy project in the future.

It should be noted that if this application is approved no assumption should be made that a wind farm would automatically be considered acceptable in the surrounding area. Any subsequent proposal to develop a wind energy project in the area would be the subject of a separate planning application including an Environmental Impact Assessment.

CONCLUSION:

The proposed mast, although 70m tall, by virtue of its slender design and temporary nature would not have a significant detrimental impact on the surrounding landscape and open countryside. The proposal is therefore considered to be acceptable, having had regard to policies ENV1, DL1 and ENV6 of the Selby District Local Plan.

RECOMMENDATION:

This application is recommended to be Granted subject to 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 the Local Planning Authority shall be informed in writing of the date on which the mast shall be erected and the mast and all associated works shall be wholly removed from the site within 36 months of this date.

Reason: To restrict the period in which the permission may be implemented, and to ensure the removal from the site of the mast and associated works and the site’s restoration on the expiry of the permission.

56 - - - -

W E

S APPLICATION SITE Item No: Bowman's Mill, Selby Road, Whitley Address: 2007/1483/MAJ 57 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 APPLICATION 8/37/97J/PA PARISH: Eggborough Parish Council NUMBER: 2007/1483/MAJ

APPLICANT: Jas Bowman & VALID DATE: 8 January 2008 Sons EXPIRY DATE: 8 April 2008 PROPOSAL: Erection of warehouse, bagging plant, processing tower, tanker loading bay, eight silos and associated works LOCATION: Bowmans Mill Selby Road Whitley Goole North Yorkshire DN14 0LQ

DESCRIPTION AND BACKGROUND

This application seeks full planning consent for the erection of an additional warehouse, a bagging plant, a flour processing tower linked to the existing building by a first floor bridge, a tanker loading bay, eight storage silos and associated works.

The site lies within the development limits of Eggborough and forms part of an allocated employment site EGG/7 in the Selby District Local Plan. There is an existing access road to the site from Selby Road which runs through an established employment area.

To the north of the site there are 3 newly built industrial units which are nearing completion but are not yet occupied. Beyond these units runs the railway line. The eastern side of the site is bounded by steep grass banking to the A19 which contains some tree planting. The Knottingley to Goole Canal defines the southern site boundary and to the west there are several existing large industrial buildings and premises.

RECENT PLANNING HISTORY

2005/0246/FUL – erection of a flour silo – permitted 28.04.2005

CONSULTATIONS

PARISH COUNCIL – No objection.

LOCAL HIGHWAY AUTHORITY – Request additional information regarding surface water drainage. The additional information has been received and the Highway Authority has been re-consulted. Councillors will be updated on this matter at the Planning Committee.

ENVIRONMENTAL HEALTH – Concerned that noise may impact on the amenity of the area and recommend a noise assessment is submitted prior to determination. Advise the development will require a permit under the Pollution Prevention and Control Regulations 2000. Advise conditions.

ENVIRONMENT AGENCY – Advise conditions relating to groundwater and contaminated land.

WENT IDB – No reply received.

ECONOMIC DEVELOPMENT OFFICER – No reply received.

BRITISH WATERWAYS – Comments regarding pollution prevention in accordance with Environment Agency guidance and Pollution regulations.

DEFENCE ESTATES – No safeguarding objections to this proposal.

NETWORK RAIL – No objections provided foul and surface water is directed away from Network Rail property.

YORKSHIRE WATER – Observations not required.

PUBLICITY – Nearby properties have been consulted by letter and site and press notices have been posted. No representations have been received.

Selby District Local Plan

ENV1 Control of Development EMP6 Employment Development in Development Limits & Established Employment Areas T1 Development in Relation to Highway Network T2 Access to Roads EGG/7 Land at Northside Industrial Estate, Eggborough

Key Issues

i) Principle of Development ii) Design, Materials & Landscaping iii) Access & Parking iv) Amenity

i) Principle of Development

The site forms part of Northside Industrial Estate which is located within the development limits of Eggborough between the Knottingley to Goole canal and the railway. The adjacent highway network comprises the A19, A645 and the M62. The site is an allocated Employment site under Policy EGG/7 in part 2 of the Selby District Local Plan. Policy EGG/7 states that proposals must make provisions for access to be taken from Selby Road, satisfactory traffic circulation and parking within the site and disposal of foul

60 sewage. It is considered that this criteria has been met and therefore the application would be acceptable in principle.

ii) Design, Materials & Landscaping

Policy EMP6 (A) criteria 3 requires proposals to achieve a standard of design, materials and landscaping appropriate to the locality and that would not have a significant adverse effect on the appearance or character of the surrounding area.

The most prominent part of the proposal would be the processing tower. This would house new state of the art cake flour processing plant. The design of the tower is dictated by its use which involves blowing flour up to height, which is then sifted and tempered as it cascades back down. The number of cascades in the process determines the height of the plant and subsequently the height of the building in which it is enclosed. The tower would be approximately 25m high, similar to that of the existing brick and concrete tower on the site, and would be accessed from the existing processing building by a first floor link corridor.

The proposed warehouse and bagging plant would follow the line of the existing buildings to which they would be attached and would be of equal height (approx 8m). The silos and tanker loading bay would be approximately 15 metres high.

The new buildings and silos would be finished in profiled metal cladding and colour banded dark brown at the upper and lower levels and bamboo coloured in between. This would be in keeping with the existing buildings on the site.

No landscaping details have been submitted with the proposal and there is very little landscaping within the whole of the industrial estate. The design and access statement advises that formal planting near to food processing plants is not ideal as it provides cover for vermin and roosts for birds. There is some very limited existing off-site landscaping on the embankment to the A19 although this does little to improve the appearance of the area. Notwithstanding the concerns raised regarding vermin etc it is considered that given the scale of the development a landscaping scheme should be required by condition.

Subject to a landscaping condition being imposed, it is considered that the proposal would comply with Policy EMP6 in terms of design, materials and landscaping.

iii) Access & Parking

Policy EMP6 (A) criteria 2 relates to highway safety.

The site is accessed via the industrial estate road which leads off the A645 Selby Road. There are extensive areas of hard standings and stoned areas within the site which provide parking for staff and goods vehicles. It is also proposed to provide additional hard standings for tanker access to the silos and general maintenance access to the extensions. It is envisaged that following the completion of the proposed development tanker vehicle movements would increase from 12 per week to 24 per week.

The only concern raised by the Highway Authority is that surface water currently drains into a highway drain which is obstructed by tree roots. In response to this a letter and drainage plan have been received confirming that surface water disposal will not be to the highway drain on the eastern boundary, it will be to existing surface water drains which

61 route via the western side of the site. The Highway Authority have requested that the present drainage system is upgraded and that a commuted sum is paid for future maintenance. However, it is considered that tree roots blocking a highway drain is the responsibility of the Highway Authority and that it would be unreasonable to place the cost of resolving this existing problem and future maintenance on the applicant.

It is therefore concluded that this proposal would not create conditions prejudicial to highway safety.

iv) Amenity

Policy EMP6 (A) criteria 1 requires that proposals have no significant adverse effect on existing businesses and criteria 2 refers to local amenity.

The site is located on an established industrial estate comprising a mixture of B1, B2 and B8 uses. The nearest residential development is over 100 metres away and is separated from the site by the railway lines and existing commercial buildings.

Environmental Health have raised concerns regarding noise and have advised that a noise impact assessment should be carried out prior to determining the application. Conditions to minimise noise and vibration during the construction and operation of the development, details of how emissions will be dealt with and delivery hours have also been advised.

Given that the proposal relates to the expansion of existing commercial premises, on a well established industrial estate, which is allocated for employment purposes in the local plan and the fact that the nearest dwellings are 100 metres away separated by other commercial development and the railway line, it is considered that a noise assessment is unnecessary and that it would be unreasonable to require it. Additionally, as hours of use and deliveries are not currently restricted on the site and given the distance and intervening uses between the site, the access and the nearest dwellings, it is also considered unnecessary to condition delivery times.

However, it is considered that conditions could be imposed requiring a scheme to control noise and vibration from the units to be submitted and approved prior to commencement.

A condition relating to the release of particulate matter has also been advised. However, elsewhere in the Environmental Health comments it states that a permit for this is required under the Pollution Prevention and Control Regulations. It is therefore considered that this matter would be adequately dealt with by other legislation.

CONCLUSION:

The application seeks consent to extend an existing commercial flourmill on an allocated employment and established industrial site within the development limits of Eggborough.

The design, layout and materials would be in keeping with the existing buildings on the site and there is an existing access and adequate parking and turning facilities within the site.

Conditions requiring landscaping and to minimise disturbance to nearby residential properties would be imposed in the interests of amenity.

62 It is therefore considered that the proposal would be in accordance with the relevant planning policies as set out above.

RECOMMENDATION:

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.

2 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.

3 Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

i. A preliminary risk assessment which has identified: all previous uses potential contaminants associated with those uses a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site.

ii. A site investigation scheme, based on (i) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

iii. The site investigation results and the detailed risk assessment (ii) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

iv. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (iii) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.

Reason: To protect controlled waters.

4 Prior to the commencement of the development a scheme to control and minimise noise and vibration from the proposed development, both during its construction and operation, shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be employed throughout the lifetime of the development.

Reason: In order to minimise the impact of noise and vibration on adjacent properties in the interests of amenity.

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S APPLICATION SITE Item No: Marybern, Green Lane, Stutton Address: 2008/0072/FUL 65 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 APPLICATION 8/70/87A/PA PARISH: Stutton With NUMBER: 2008/0072/FUL Hazelwood Parish Council APPLICANT: Arncliffe Homes Ltd VALID DATE: 24 January 2008

EXPIRY DATE: 24 April 2008 PROPOSAL: Proposed erection of 9 dwellings following the demolition of Marybern and Brentwood LOCATION: Marybern Green Lane Stutton Tadcaster North Yorkshire LS24 9BW

DESCRIPTION AND BACKGROUND

This application has been referred to the Planning Committee because of the number of objection letters received.

The site, ‘Marybern’ and ‘Brentwood’ comprises a pair of two storey semidetached dwellings located on the western side of Green Lane, 21 m away from the Stutton Village Hall. Both properties are set back from the road and have gardens to the front and rear and have accesses off Green Lane. There are a few out buildings/garages to the sides of the properties. To the rear (western elevation) of the properties is a large piece of land (which is part of the planning application), which is not part of the garden curtilages of the properties, however has been used as a paddock/grazing land and orchard. Furthermore fencing that separated the garden curtilages of the two properties and the paddock has been removed. However some remnants of the fencing remain in the form of fence posts. The site is surrounded by residential properties. The site has a number of trees and three have Tree Preservation Orders. The land levels increases to the western elevation from the two cottages.

Proposal

Permission is sought for the erection of 9 detached dwellings. It is proposed to demolish the existing pair of semi-detached dwellings and erect 6 two-storey dwellings and a terrace of three two-storey dwellings. A new site access and egress is to be created to the centre of the Green Lane boundary. The row of three terraces would be located to the south elevation of the proposed access and 6 detached properties would be located along the western and southern boundaries of the site. To the northern elevation of the proposed access would be recreation open space.

Additional Information

A design and access statement to give justification of the proposal accompanies the application; a bat and owl has been submitted with mitigation measures.

There are protected trees on the application site and a tree survey report was also submitted with the application to show any proposed mitigation measures to the protected trees.

Sample pictures of the proposed play equipment to be installed on the proposed open recreation space also accompany the application.

Planning History

July 1991- Planning Application (870/87/PA) for the erection of a garage approved.

July 1991-Outline Planning Application (8/70/34/PA) for the erection of four detached bungalows was refused on the grounds that the proposed access to the development would interfere with the free flow of traffic to the detriment of highway safety.

June 1992- Outline Planning Application (870/34B/PA) for the erection of three detached bungalows was approved.

CONSULTATION STUTTON CUM HAZLEWOOD PARISH COUNCIL Objects to application on the following reasons: - Size of the development is out of proportion with the village - Road safety is of concern as development will pass through the village - Parking issues within Green Lane will arise. - Sewage and drainage systems will not be able to cope - The demolition of “Marybern & Brentwood” would be significant loss to the village. - Out of keeping with the village. - Overlooking and over shadowing to neighbouring properties.

NORTH YORKSHIRE COUNTY COUNCIL- HIGHWAYS The principle of the layout is acceptable however the following concerns are raised.

The parking/turning provision for Plots 1, 2 and 5 is not acceptable. Plot 1 does not have any area to turn on site, Plot 2 does not seem to have any parking/turning provision at all and Plot 5 has only enough space for 2 vehicles, but the NYCC parking guidelines requires 3.

68 2. The internal layout should be laid out in accordance with the NYCC specification where a shared surface is provided and a carriageway width of 6.5m (core area 4.5m + service strip 2m) is required and designed to restrict speeds to well below 20mph. I would expect to see a continuation of the footway from Green Lane (including tactile paving) along the frontage of the site.

3. As drawn the carriageway is less than 5.5m wide so the provision for 2 visitor parking bays are needed which should not be conveyed to any individual dwelling.

Therefore, objects to the proposed development for the following reasons:-

It is the policy of the County Council that where development takes place resulting in more than six properties having principal access to a street, such street shall be capable of being laid out to a standard suitable for adoption as a highway maintainable at public expense. Clearly this is not possible, or intended, at this site. Also the absence of adequate on-site parking space for the proposed development would be likely to result in vehicles being parked outside the site on the County Highway or reversed onto the highway to the detriment of the free flow of traffic and road safety.

YORKSHIRE WATER SERVICES: No response.

THE SOUTH WHARFE INTERNAL DRAINAGE BOARD: No objection subject to discharge to public sewer/main drains conditions.

NORTH YORKSHIRE COUNTY COUNCIL- HERITAGE & ENVIRONMENT No objections. Satisfied that an appropriate level of survey of bats has been carried out for the proposal. It is clear that bats are unlikely to be using the buildings, which are due for demolition. Satisfied with the results of the barn owl survey and no mitigation measures are required for this species. With regard to breeding birds, advises that where possible works to trees, the timber sheds, hedges etc are carried out the bird breeding.

PLANNING POLICY MANAGER: No response.

TREE AND LANDSCAPE OFFICER The site contains three TPO trees (No. 13/2006). These were selected in line with the guidance on good practice. The selection of the trees for the Tree Preservation Order excluded a number of other trees on the site, which can therefore be removed.

The revised site layout plan is considered to be acceptable.

However the amendment fails to resolve the access road/play area issues.

69 On the Recreational Open Space it is not considered that the issues raised in previous memo have been clarified,

Although the information does broadly appear to meet the needs of a LEAP, the content of such a facility must have final agreement, further to which a commuted maintenance sum can be calculated.

These matters are to be resolved before any approval is given; failure to do so will result in loss of tree cover.

PRINCIPAL ENVIRONMENTAL HEALTH OFFICER: The demolition of existing houses, site preparation and construction are likely to cause a degree of nuisance from noise, dirt and dust. It is imperative that in order to minimise and restrict disturbance from such activities a condition to minimise the impact of noise, vibration, dust and dirt should be attached to any permission granted.

SELBY FIRE SERVICES: No response.

YORKSHIRE WILDLIFE TRUST: No response.

NATURAL ENGLAND: No objection to the proposal in relation to species protected by law.

COMMUNITY SAFETY OFFICER: No response.

NORTH YORKSHIRE BUILDING CONTROL No response.

NORTH YORKSHIRE BAT GROUP Request that a decision be deferred until after summer bat activity survey has been undertaken for the following reasons: - The roofs of the buildings to be demolished are lined with underfelt and whilst no bat droppings were found within the loft areas, it is possible for a colony of crevice dwelling bats such as Pipistrelles to occupy the space between the slates and underfelt and leave no evidence of their presence in the roof space. - Page 4 Bat survey report of the shows a bungalow to the south of the site said to be where at bat roost was “reported several years ago”. It is possible that the application site is used by the colony. - Paragraph 4.5 suggests that there is evidence of use by bats.

NEIGHBOURS The immediate residents were consulted, and a site notice was displayed on site to notify the members of the wider public. The application was also advertised within the local newspaper. Fifteen letters of objection and a letter

70 from Cunanne representing Samuel Smith Old Brewery and one from the Stutton Play Group were received and raised the following issues: - The site is paddock therefore green field. - Access and traffic problems - Proposal would increase the number of cars using the road network within the village. - Free flow of traffic would be affected detriment to the pedestrians and children in play group. - Overlooking and Overlooking to neighbouring properties. - Overdominant to neighbouring properties. - Impact on local amenities - Flooding issues - The proposal would be backland and tandem development - The proposal would affect protected trees and wildlife habitat - No archaeological investigation has been done.

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 (published on 1 December 2004), Policy E8 of the North Yorkshire Structure Plan (Alteration No3) (adopted in 1995) and the policies in the Selby District Local Plan (adopted on 8 February 2005) saved by the Secretary of State.

The proposal is for a small-scale residential development within the development limits of the village of Stutton and is therefore subject to policies ENV1, ENV15, H2A, H2B, H6, T1, T2, VP1, policies E6 and H2 of the Regional Spatial Strategy

Policies P1 and H2of the Regional Spatial Strategy for Yorkshire and Humber are relevant to this proposal. These policies relate to the need to minimise Greenfield development and to give priority to previously developed land.

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 take 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 direct bearing on this case. However categories1, 2, 4 and 8 have some bearing on this case and state

ENV1- Control of Development

1) The effect upon the character of the area or the amenity of adjoining occupiers;

2) The relationship of the proposal to the highway network, the proposed means of access, the need for road/junction improvements in the vicinity of the site, and the arrangements to be made for car parking;

4) The standard of layout, design and, materials in relation to the site and its surroundings and associated landscaping.

8) Any other material considerations

Planning policy and guidance in respect to residential development is provided by Planning Policy Statement 3 "Housing" and policy H2A of the Selby District Local Plan. Planning Policy Statement 3 aims to promote sustainable forms of urban development, emphasising the importance of the location of residential development in relation to centres of employment and services, to decrease the need to travel by private car. Furthermore, PPS3 promotes the use of brownfield sites for residential development. At local policy level the policy framework is provided by H2A, which is in accordance with national policy.

Policy H2A of the Selby District Local Plan relates to the location of new development, stating

Policy H2A states:

“ In order to ensure that the annual house building requirement is achieved in a sustainable manner, applications for residential development up to the end of 2006 will only be acceptable on the following:

1. Previously developed sites and premises within defined Development Limits, subject to the criteria in POLICIES H6 and H7.

2. Sites allocated in Phase 1

Sites allocated in Phase 2 will only be released after 2006 and only if monitoring shows a potential shortfall in relation to the current required annual delivery rate in the regional spatial strategy. The exception to this is the development of the remainder of allocation SEL/2, which is designated as a strategic site and will extend into Phase 2”.

The proposal is for a small-scale residential development within the development limits of the village of Stutton. Stutton is identified within the Selby District Local Plan as a village that is capable of accommodating limited growth; therefore Policy H6 must be considered in determining this application

Policy H6- “Housing Development in Market Towns and Villages that are capable of accommodating additional growth” states

72 “ Within the defined Development Limits of the market towns and villages…residential development will be permitted where the proposal meets the requirements of POLICY 2HA or involves the conversions or change of use of a building and provided the proposal:

1. Is of a scale and design appropriate to the form and character of the settlement or immediate locality

2. Would provide a satisfactory standard of residential accommodation and amenity;

3. Would not create conditions prejudicial to highway safety or which would have a significant adverse effect on local amenity;

4. Would not compromise the future comprehensive development of land

5. Would not constitute an acceptable form of backland or tandem development;

6. Would not harm acknowledged nature conservation interests or result in the loss of open space of recreation or amenity value or which is intrinsically important to the character of the area; and

7. Would not be subject to overriding considerations that would render the site unsuitable or the development inappropriate.

Policy H2B is also relevant and it states

H2B- Housing Density

“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 to safeguard the existing form and character of the area or other environmental or physical considerations apply”.

In relation to the impacts of development on highway safety and efficiency policies T1 (Development in relation to Highway Network), T2 (Access to Roads) and VP1 (Parking) are relevant.

Policy T1 – Development in Relation to Highway states,

‘Development proposals should be well related to the existing highways network and will only be permitted where existing roads have adequate capacity and can safely serve the development.’

Further to this Policy T2 – Access to Roads states,

‘Development proposals which would result in the creation of a new access or the intensification of use of an existing access will be permitted provided:

1) There would be no detriment to highway safety; and 2) The access can be created in a location and to a standard acceptable to the highway authority.’

Policy VP1 – Vehicle Parking Standard states,

‘The District Council will support the provision of parking spaces/facilities in new developments up to the maximum car parking standards as set out in Appendix 4.’

ENV15- Conservation and Enhancement of Locally Important Landscape Areas.

“Within the locally important landscape areas, as defined on the proposals map, priority will be given to the conservation and enhancement of the character and quality of the landscape. Particular attention should be paid to the design, layout, landscaping of development and the use of materials in order to minimise its impact and to enhance the traditional character of buildings and landscape in the area”.

The proposal involves demolition of two residential dwellings it has the potential to have impacts on protected species. In view of the finding of the applicants report and consultee responses. This has been satisfactory addressed.

ASSESSMENT

The site is located within the defined development limits of Stutton but the majority is a paddock and has been used for agriculture. The proposal for detached dwellings on this site would not be acceptable in principle as it is considered that the proposal would be contrary to Policy H2A as the majority of the site is greenfield land.

It is considered that housing land supply requirements are currently met by existing extant permissions and potential previously-developed sites and the Local Planning Authority is not reliant upon greenfield land such as the proposed site.

Therefore there is no overriding need to release the proposed site for residential development given the unchallenged adequacy of housing supply in the District. It is considered that the proposal would be contrary to P1 and H2 of the Regional Spatial Strategy and Policies H2A of Selby District Local Plan. As such the proposal is not acceptable in principle.

THE IMPACT ON THE FORM & CHARACTER OF THE SETTLEMENT

The proposed dwellings would be visible from Green Lane and Hill Top Close. It is considered that the proposal by virtue of its scale, form and design would not cause any significant harm to the character and appearance of the area, the site or its immediate surroundings as Stutton has a mixture of house size which ranges from detached family houses to semidetached properties. Given that the proposal is considered acceptable in terms of the general impact on its immediate built form, it is considered that it would not detract from the form and character of its immediate locality and would not therefore be contrary to policies ENV1 and H6 of the Selby District Local Plan.

Members of the public have raised concerns that the proposal would be out of character, however the form and character of Stutton is not considered to be strictly defined, as there are a number of new buildings surrounding the site. The proposal would therefore not look alien to the area. Concerns have been raised about the proposed materials however if the application is approved a materials conditions could be attached to the planning permission so as to control the material on the development.

It is considered that the proposal is in accordance with policies H6 (1) and ENV1 (1) of the Selby District Local Plan.

IMPACT ON RESIDENTIAL AMENITY

Concerns were 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.

It is considered that the proposed development fails to meet the required separation distances between dwellings. There would be a separation distance of 17 metres between plot 8 the Willow Croft and a separation distance of 13 metres between plot 9 and The Maltings. The minimum separation distances between primary-to-primary elevations are 21metres. It is therefore considered that the proposed distance between houses (plot) 7, 8 and house (plot 9) would be insufficient and therefore unacceptable as it is considered that these would create an unacceptable level of residential amenity by virtue of overlooking. Furthermore it is considered that the ground levels of the area is not level and is elevated on plots 8 and 9. In this respect it is considered that the proposed dwellings would not conform to the normally accepted distances for space about dwellings and that a high standard of residential amenity would not be maintained.

It is therefore concluded that the proposed dwellings, by virtue of its juxtaposition in relation to neighbouring properties would result in unacceptable levels of overlooking the proposal would be in this respect contrary to Policy H6 (2).

75 HIGHWAY ISSUES

The neighbouring residents, Parish Council, and Stutton Playgroup have raised highway concerns. The existing vehicular access to the site would be from Green Lane, which would be shared between the dwellings, and this would be the sole vehicular access and exit to the new development. It is considered that there would be material increase in the number of vehicles using the existing road. The Highway Authority objected.

It is therefore concluded that on highway safety issues this proposal does not comply with Policies ENV1 (2), T1, T2 and VP1 of Selby District Local Plan. Consequently the proposal would create conditions prejudicial to highway safety and would be contrary to policy H6 (3) of the Selby District Local Plan.

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

CONSERVATION INTERESTS

The proposal entails the development of 9 dwellings with garages. The comments received are noted. Concerns to preserve the dwellings because of their age have been raised and that there might be archaeological interests within the site. However it is noted that the dwellings are not listed. As such these dwellings could be demolished. In this respect it is considered that 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 s 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).

OTHER CONSIDERATIONS

IMPACT ON LOCALLY IMPORTANT LANDSCAPE AREA

It is considered that the proposal would not by virtue of the scale; design and character harm the appearance, setting, character or amenity of the Locally Important Landscape Area and would not therefore be contrary to policies ENV1 and ENV15 of the Selby District Local Plan

76 IMPACT ON PROTECTED TREES

Comments from the Tree and Landscape Officer are noted. It is considered that the proposed development would have a detrimental impact on the roots of the protected trees, which could reduce the life span of the trees. The proposal fails to provide adequate mitigation measures for the trees. Notwithstanding this a number of trees, which are not protected, can be felled without any consent.

POLLUTION/NUISANCE

Neighbours have raised concerns in regards to noise and dust. Given the nature of the proposal, the location of the site and the comments received from the Environmental Health Officer it is concluded that the proposal would not cause any pollution or health hazard nuisance to the surrounding area subject to a condition for a scheme detailing the mitigation measure to minimise the impact on noise, vibration, dust and dirt on residential properties.

DRAINAGE

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 through the application that the disposal of rainwater would be through public sewer. Foul sewage would be disposed into the existing public foul sewer.

DENSITY

The site area is 0.4 hectares; therefore the density of the development would be equivalent to 22.5 dwellings per hectare. Whilst this is substantially lower than the requirement of 30 dwellings per hectare given in policy H2B of the Selby District Local Plan, the density is considered to be appropriate not only for a rural area, but also to be in keeping with the character of other development in the village.

CONCLUSION

The site is within the development limits of Stutton. However much of the site is or has been used as paddock, and is therefore considered to be a greenfield site.

It is considered that the proposal fails to meet the required minimum separation distances between dwellings and therefore would have a significant detrimental impact on residential amenity of the neighbouring properties. It is therefore concluded that the proposed dwellings, by virtue of its juxtaposition in relation to neighbouring properties would result in unacceptable levels of overlooking and therefore the proposal would be contrary to Policy H6 (2).

It is therefore concluded that on highway safety issues this proposal would by virtue of its design not comply with Policies ENV1 (2), T1, T2 and VP1 of

77 Selby District Local Plan. Consequently the proposal would create conditions prejudicial to highway safety and would be contrary to policy H6 (3) of the Selby District Local Plan.

It is considered that the proposed development would have detrimental impact on the roots of the protected trees, which could result to the detriment of the trees and reduce the life span of the trees. The proposal fails to provide adequate mitigation measures for the trees.

CONCLUSION:

RECOMMENDATION:

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

1 The proposal would involve residential development on a greenfield site and in this respect would be unacceptable in principle and is contrary to Policy H2A of the Selby District Local Plan and Policies H2 and P1 of the Regional Spatial Strategy of Yorkshire and the Humber.

2 The proposed dwellings, by virtue of their juxtaposition in relation to neighbouring properties would result in unacceptable levels of overlooking and therefore fail to provide a satisfactory standard of residential amenity and accommodation contrary to ENV1 of the Selby District Local Plan.

3 The proposal by virtue of its layout and design including inadequate on site parking facilities and substandard access would be to the detriment of highway safety contrary to policies T1, T2 and ENV1 of the Selby District Local Plan.

4 The proposed development would have a detrimental impact on the roots of protected trees which would reduce the life span of the trees to the detriment of the visual amenity of the locality contrary to Policy ENV1 of the Selby District Local Plan.

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S APPLICATION SITE Item No: Thorganby Methodist Church, Main Street, Thorganby Address: 2008/0023/COU 79 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

APPLICATION 8/12/116/PA PARISH: Thorganby Parish Council NUMBER: 2008/0023/COU

APPLICANT: Snaith & Selby VALID DATE: 18 January 2008 Methodist Circuit EXPIRY DATE: 14 March 2008 PROPOSAL: Proposed change of use from chapel to residential unit

LOCATION: Thorganby Methodist Church Main Street Thorganby York North Yorkshire YO4 6DA

DESCRIPTION AND BACKGROUND

THE PROPOSAL:

The applicant is seeking permission for a conversion of a chapel to a three-bedroom dwelling with a single drive. There would be very limited external alterations to the buildings, which would include the demolition of a flat roofed extension. The proposal includes the formation of a first floor by the inclusion of an internal mezzanine floor.

SITE DESCRIPTION:

The application property is a former red brick, single-storey chapel under a blue slate roof, with windows to the front and rear and a single storey extension to side. The chapel has very limited curtilage associated with it, being in the form of a thin slither of grassland. The chapel is accessed via a track from the Main Street, Thorganby. The track serves a dwelling (Pasture Cottage) and a haulage yard. To the rear the chapel abuts the garden of Ings View House.

The site is located within the defined development limits of Thorganby and within the Thorganby Conservation Area.

PLANNING HISTORY:

There is no relevant recorded planning history to the site.

CONSULTATIONS

THORGANBY PARISH COUNCIL:

Objects on the grounds of the effect, by virtue of overlooking and loss of privacy on neighbours, access issues and the conservation area.

NORTH YORKSHIRE COUNTY COUNCIL HIGHWAY OFFICER:

The access is from a shared drive, which is in poor condition, but the change of use should not significantly increase traffic using the access. No objections subject to condition for a parking space.

PRINCIPAL ENVIRONMENTAL HEALTH OFFICER:

No comments received.

ENVIRONMENT AGENCY:

No objections.

YORKSHIRE WATER:

No comments.

OUSE AND DERWENT INTERNAL DRAINAGE BOARD:

Should there be no change to the existing water discharge arrangements then the Board has no comment to make.

NEIGHBOUR CONSULTATIONS:

The proposal has been advertised by site notice, newspaper advertisement and by letter. A total of eight letters have been received objecting on the following grounds: - 1. Insufficient parking arrangements. Parking should be restricted to one vehicle. There is no turning facility or apparent provision of a garage. 2. The proposal would interfere with the existing haulage yard. The haulage yard has 44 ton lorries delivering to it between 4.30 am and 8.00pm, seven days a week. 3. Impact on residential amenity including, overlooking of adjacent properties, impact on privacy, noise and general disturbance. 4. The chapel sits squarely in the garden of Ings View House with three of its four walls bordered directly by the garden of Ings View House and the southern wall adjacent to the neighbouring property, Pasture Cottage. The chapel is in a landlocked position in a private garden. 5. The proposed dwelling would not have any garden or means of site separation from neighbours. 6. If there is no need for the chapel it should be demolished/. 7. Cars parking on the Main Street would be to the detriment of highway safety, would harm the free flow of traffic and create a double hazard near a blind bend at the entrance to an haulage yard.. 8. Construction activities should be kept in the confines of the site so as not to interfere with the access to the haulage yard. 9. The area is prone to flooding and the proposal would compound the problem.

POLICIES AND ISSUES:

POLICY AND GUIDANCE:

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 those policies contained within the Selby District Local Plan (adopted on 8 February 2005) saved by direction of the Secretary of State.

All applications are subject to Policy ENV1 of the Selby District Local Plan. This is a catchall policy providing a list of the issues that the Local Planning Authority should take into account, stating: -

"Proposals for development will be permitted provided a good quality of development would be achieved. In considering proposals the District Council will take account of:

1) The effect upon the character of the area or the amenity of adjoining occupiers; 2) The relationship of the proposal to the highway network, the proposed means of access, the need for road/junction improvements in the vicinity of the site, and the arrangements to be made for car parking; 3) The capacity of local services and infrastructure to serve the proposal, or the arrangements to be made for upgrading, or providing services and infrastructure; 4) The standard of layout, design and materials in relation to the site and its surroundings and associated landscaping; 5) The potential loss, or adverse effect upon, significant buildings, related spaces, trees, wildlife habitats, archaeological or other features important to the character of the area; 6) The extent to which the needs of disabled and other inconvenienced persons have been taken into account; 7) The need to maximise opportunities for energy conservation through design, orientation and construction; and 8) Any other material consideration."

The proposal is for residential development and therefore is subject to the guidance contained within Planning Policy Statement 3 "Housing" and Policies H2A, H2B and H7 of the Selby District Local Plan.

Policy H2A provides policy in respect to managing the release of housing land to ensure that sustainability is achieved and states: -

"In order to ensure that the annual house building requirement is achieved in a sustainable manner, applications for residential development up to the end of 2006 will only be acceptable on the following: 1) Previously developed sites and premises within defined Development Limits, subject to the criteria in POLICIES H6 and H7. 2) Sites allocated in Phase 1".

Policy H2B provides policy with respect to housing density to ensure that land is used in an efficient manner, stating: -

"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 to safeguard the existing form and character of the area or other environmental or physical considerations apply".

The site is located within the village of Thorganby, a settlement which has been identified in the Selby District Local Plan as being capable of only accommodating limited development. As such the proposal would be subject to Policy H7, which states: -

"Within the defined Development Limits of the villages listed below, residential development will be restricted to sensitive infilling on previously developed land, and other small-scale redevelopment of previously developed land and premises, or the conversion or change of use of existing buildings and provided the proposal:

1) Would not detract from the form and character of the settlement; 2) Would provide a satisfactory standard of residential accommodation and amenity; 3) Would not create conditions prejudicial to highway safety or which would have a significant adverse effect on local amenity; 4) Would not constitute an unacceptable form of backland or tandem development; 5) Would not harm acknowledged nature conservation interests, or result in the loss of open space of recreation or amenity value, or which is intrinsically important to the character of the area; and 6) Would not be subject to any overriding considerations that would render the site unsuitable or the development inappropriate".

HIGHWAY SAFETY:

Policy T1 provides policy with respect to development in relation to the highway network and states: -

"Development proposals should be well related to the existing highways network and will only be permitted where existing roads have adequate capacity and can safely serve the development, unless appropriate off-site highway improvements are undertaken by the developer".

Policy T2 provides policy with respect to development and access to the highway, and states: -

"Development proposals which would result in the creation of a new access or the intensification of the use of an existing access will be permitted provided: 1) There would be no detriment to highway safety; and 2) The access can be created in a location and to a standard acceptable to the highway authority.

84 Proposals which would result in the creation of a new access onto a primary road or district distributor road will not be permitted unless there is no feasible access onto a secondary road and the highway authority is satisfied that the proposal would not create conditions prejudicial to highway safety".

Policy VP1 provides policy in respect to vehicular parking and states: -

"The District Council will support the provision of parking spaces/facilities in new developments up to the maximum car parking standards as set out in Appendix 4".

CONSERVATION AREA:

The site is located within the Thorganby Conservation Area. When making a recommendation in respect of a planning application which affects a Conservation Area, regard must be had of S72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 which requires special attention to be paid to 'the desirability of preserving or enhancing the character or appearance' of the Conservation Area.

In respect of development within conservation areas policy is provided by Policy ENV25 of the Selby District Local Plan, which states: -

"Development within or affecting a conservation area will be permitted provided the proposal would preserve or enhance the character or appearance of the conservation area, and in particular:

1) The scale, form, position, design and materials of new buildings are appropriate to the historic context; 2) Features of townscape importance including open spaces, trees, verges, hedging and paving are retained; 3) The proposal would not adversely affect the setting of the area or significant views into or out of the area, and 4) The proposed use, external site works and boundary treatment are compatible with the character and appearance of the area.

Where necessary in order to be able to fully assess proposals, the council will require applications to be accompanied by detailed plans and elevations showing the proposed development in its setting."

PROTECTED SPECIES:

Given that the proposal involves the change of use of a building it has the potential to have impacts on Bats (Order: Chiroptera). All species of native British bat are protected under the 1981 Wildlife and Countryside Act and the 1994 Habitats Regulations. 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 and English Nature's Bat Mitigation Guidelines.

Proposals that effect protected species are subject to Policy ENV14, which states: -

"Development and other land use changes which may harm badgers and other species protected by Schedules 1, 5 and 8 of the Wildlife and Countryside Act 1981, as amended, or the EC Habitats and Species Directive will not be permitted.

To avoid harm to the species the local planning authority may consider the use of conditions and planning obligations, which seek to: 1) Facilitate the survival of individual members of the species; 2) Reduce disturbance to a minimum; and 3) Provide adequate alternative habitats to sustain at least the current levels of population".

In addition to the above, guidance regarding planning system and protected species is provided by Circular 06/2005.

Paragraph 98 of Circular 06/2005 states

"The presence of a protected species is a material planning consideration when a planning authority is considering a development proposal that, if carried out, would be likely to result in harm to the species or its habitat".

Furthermore Paragraph 99 of 06/2005 states

"It is essential that the presence or otherwise of protected species, and the extent that they may be affected by the proposed development, is established before the planning permission is granted, otherwise all relevant material planning considerations may not have been addressed in making the decision."

In relation to drainage and flood-risk the guidance contained within PPS25 is relevant.

ASSESSMENT:

PRINCIPLE OF DEVELOPMENT:

The proposal is for residential development and therefore subject to the guidance contained within Planning Policy statement 3 "Housing". This aims to provide inclusive, sustainable communities, which make the best use of land by promoting the reuse of previously developed sites within urban areas. This is compatible with policies H2A and H2B of the Selby District Local Plan.

The site comprises the conversion of a former chapel to a dwelling within the defined development limits of the village of Thorganby. As such it is considered that the proposal would not be contrary to policy H2A and therefore acceptable in principle at this location.

CHARACTER AND FORM:

Under Policy H7(1) of the Selby District Local Plan developments should not detract from the form and character of the settlement. The site is located within the Thorganby Conservation Area. However the proposal would only result in limited changes to the exterior of the building. This would mainly be in the form of removing an unsympathetic extension to the host property. In this respect it is considered that the proposal would have a neutral impact on the character of the conservation area.

In relation to housing density it is noted that this would exceed the band advocated by Policy H2B. However given that the proposal is for the re-use of an existing building the high housing density, in itself, is not considered to be unacceptable in this case.

It is therefore concluded that the proposal would not detract from the form and character of the settlement and therefore would not be contrary to Policy H7(1) of the Selby District Local Plan.

RESIDENTIAL AMENITY AND STANDARD OF ACCOMMODATION:

Under Policy H7(2) proposals should provide a satisfactory standard of residential accommodation and amenity. In this respect it is noted that the existing chapel has windows in the rear and front elevations. These would be retained and a first floor would be added to the building. The ground floor would contain a dining room that would be served by a window directly overlooking the rear garden of Ings View House. In addition on the proposed first floor there would be two bedrooms served by windows directly overlooking the rear garden of Ings View House. These windows would significantly reduce the privacy within the rear garden of Ings View House and by virtue of their proximity to the rear garden would be oppressive and intrusive.

It is considered that the issues arising in respect of overlooking could not be adequately resolved by condition, without compromising the amenity of the occupiers of the proposed dwelling. For example the use of obscure glazing, although reducing overlooking, would not reduce the oppressive nature of the scheme as movement would still be discernible through the windows. The applicant would not be able to mitigate overlooking from the dining room window by the erection of a wall or fence as

1. this would be to the significant detriment of the occupiers of the proposed dwelling; and 2. the applicant does not own the land on which any fence or wall would be erected.

Furthermore overlooking from the rear bedroom windows could not be mitigated by fencing, or other forms of screen.

As such the proposal would be to the significant detriment of the amenity of the occupiers of Ings View House.

In relation to the impacts of the proposal on the amenity of Pasture Cottage it is considered that given the nature of the windows in the northern elevation of Pasture Cottage and the distance between the chapel and Pasture Cottage. the level of overlooking resulting from the proposal would be acceptable and insufficient to warrant refusal.

Although it is recognised that the site could potentially be used for a variety of uses within Class D1 it is considered that the levels of disamenity resulting from these alternative uses would not be as great as that resulting from this proposal, due to the introduction of a first floor. Furthermore, given the isolated nature and small size of the settlement, it is considered that it would be unlikely that alternative uses within Use Class D1 could be found for the building. As such it is considered that little weight should be attached to any potential fall-back position.

In terms of the amenity of the occupiers of the proposed dwelling it is noted that the living room window and bedroom windows would overlook the access to the haulage yard. Given the proximity of the windows to the access yard it is considered that occupiers would be subject to traffic noise from heavy goods vehicles to a site with unrestricted times

87 of operation. The standard of amenity and accommodation would therefore not be acceptable.

It is therefore concluded that the proposal, would fail to provide a satisfactory standard of residential accommodation and amenity and therefore would not be contrary to Policy H7(2) of the Selby District Local Plan.

HIGHWAY SAFETY:

Under Policy H7(3) proposals should not create conditions prejudicial to highway safety. In this respect it is noted that the proposal seeks to use part of the existing access to the chapel, which is also used by the haulage yard. Furthermore the proposal does not have turning facilities for a car. Furthermore the comments of the objectors are noted. However the Highway Officer has no objections to the proposal and it is therefore considered, on balance, that it would not be to the significant detriment of highway safety and acceptable in terms of Policies T1 and T2 (1) and therefore H7 (3) of the Selby District Local Plan.

BACKLAND/ TANDEM DEVELOPMENT:

It is considered that given the proposal would not constitute tandem or backland development and in this respect would not be contrary to Policy H7 (4) of the Selby District Local Plan.

NATURE CONSERVATION AND PROTECTED SPECIES:

Under Policy H7 (5) proposals should not harm acknowledged nature conservation interests or result in the loss of open space of recreation or amenity value or which is intrinsically important to the character of the area.

The application site is privately owned and the proposal would not result in the loss of open space of recreation or amenity value.

In respect to impacts on wildlife, and particularly protected species, it is noted that although several species of bats are known to use buildings as roosts, there is no evidence that bats are using the former chapel. Furthermore no representations stating that bats are using the building have been received. As such, on the basis of the information available, is it considered that the proposal would have no demonstrable impact on any species afforded special protection under the 1981 Wildlife and Countryside Act.

It is therefore considered that the proposal would not be contrary to Policy H7 (5) of the Selby District Local Plan.

OTHER CONSIDERATIONS:

Under Policy H6 (7) proposals that are acceptable in the above respects should not be subject to overriding considerations that would render the site unsuitable or the development inappropriate.

FLOODING AND DRAINAGE:

In respect of drainage and flood risk it is noted that the Environment Agency, Yorkshire Water and the Internal Drainage Board have no objections to the proposal. As such it is considered that there are no objections in respect of the discharge of surface water and foul waste or in relation to flood risk.

CONCLUSION:

Having had regard to all relevant local and national planning policy, letters of representation, consultation responses and all other material planning considerations it is considered that the proposal is acceptable in respect of its impact on the character and form of the settlement and in particular in preserving the special character of the Thorganby Conservation Area and highway safety.

However the proposal would, by virtue of the proximity of the adjacent access to the haulage yard, fail to provide a satisfactory standard of accommodation; and by virtue of the location of windows in the rear elevation significantly detract from the residential amenity of the occupiers of the neighbouring property at Ings View House. In this respect the proposal would be contrary to Policies H7(2) and H7(5) of the Selby District Local Plan.

RECOMMENDATION:

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

01. The proposed dwelling, by virtue of the location of the windows in the rear elevation would significantly reduce the privacy of, and be oppressive to users of the rear garden of Ings View House to the significant detriment of the residential amenity of the occupiers of Ings View House, contrary to Policy H7 (2) of the Selby District Local Plan.

02. The proposed dwelling, by virtue of the formation of the first floor and the location of the windows in the rear elevation would increase the feeling of being overlooked and therefore would significantly reduce the privacy of, and be oppressive to users of the rear garden of Ings View House to the significant detriment of the residential amenity of the occupiers of Ings View House, contrary to Policy H7(2) of the Selby District Local Plan.

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S APPLICATION SITE Item No: Land adjacent to 2 York Road, Riccall Address: 2007/1397/OUT 90 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

APPLICATION 8/15/384B/PA PARISH: Riccall Parish Council NUMBER: 2007/1397/OUT

APPLICANT: Mrs White VALID DATE: 7 January 2008

EXPIRY DATE: 3 March 2008 PROPOSAL: Outline application for the erection of a single dwelling and garage including means of access on land adjacent LOCATION: 2 York Road Riccall York North Yorkshire YO19 6QG

DESCRIPTION AND BACKGROUND: THE SITE:

The site is located centrally within Riccall settlement and is within Riccall Conservation Area. The site is located to the north, of the existing property, within the curtilage of 2 York Road. The local area is characterised primarily by residential development.

THE PROPOSAL:

The proposal is an outline planning application for a residential development to include means of access at 2 York Road, Riccall.

PLANNING HISTORY:

There is no recorded planning history to the site.

There is currently a pending application (2007/1396/FUL, 8/15/384A/PA) which relates to the conversion of the barn to the south of 2 York Road, Riccall. This application is to be determined under delegated powers, Councillors will be updated verbally at committee.

CONSULTATIONS:

RICCALL PARISH COUNCIL: Object to the proposal as they consider it to be an overpowering development, adjacent to one of the oldest dwellings in Riccall. Also of concern was the impact of the proposal upon existing views in and out of the conservation area.

CONSERVATION AREA ADVISORY COMMITTEE: No comments were provided the committee felt more information was required to inform any comments.

NORTH YORKSHIRE HIGHWAYS AUTHORITY: No Objections, recommend conditions be attached to any approval granted.

YORKSHIRE WATER SERVICES: From the information provided comments from Yorkshire Water are not required.

THE OUSE AND DERWENT INTERNAL DRAINAGE BOARD: Object, feel insufficient information has been provided to determine the impact upon the existing drainage system. However recommend conditions requiring a submission of a drainage scheme be attached to any approval granted.

NEIGHBOURS: All immediate neighbours were informed by letter a site notice was erected and the application advertised in the local press. Five representations were made in relation to the application. The following issues were raised:

- Over dominant by virtue of siting scale and massing upon the existing dwelling - Highways issues regarding the proposed access - Over shadowing to the property to the north (number 4 York Road) - Impact upon the conservation area - Drainage and water provision - Capacity of local schools to accommodate additional pupils

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 those policies of the Selby District Local Plan (adopted on 8 February 2005) saved by the direction of the Secretary of State.

Planning Policy Statement 1, together with Policy ENV1 provide the general policy framework and underlying principles within which the Council should consider development proposals, stating

ENV1 Proposals for development will be permitted provided a good quality of development would be achieved. In considering proposals the district Council will take account of………

The policy goes on to describe eight categories of issues that should be taken into account in the determination of development proposals, including

Proposals for residential development should comply with Policy H2A which aims to ensure house building is achieved in a sustainable manner, stating

93 H2A “In order to ensure that the annual house building requirement is achieved in a sustainable manner, applications for residential development up to the end of 2006 will only be acceptable on the following:

1) Previously developed sites and premises within defined development limits, subject to the criteria in Policies H6 and H7. 2) Sites allocated in Phase 1.

Sites allocated in Phase 2 will only be released after 2006…………….”

Policy H6 states that within these areas residential development will be permitted provided that the proposal:

Policy and guidance in respect to development and highway safety is provided by Policies T1 and T2, of the Selby District Local Plan, and Planning Policy Statement 13 “Transport”.

Policies T1 and T2 state;

T1 “Development proposals should be well related to the existing highway network and will only be permitted where existing roads have adequate capacity and can safely serve the development.”

T2 “Development proposals which would result in the creation of a new access or the intensification of the use of an existing access will be permitted provided:

1) There would be no detriment to highway safety; and 2) The access can be created in a location and to a standard acceptable to the highway authority

Policy VP1 states,

‘The District Council will support the provision of parking spaces/facilities in new developments up to the maximum car parking standards as set out in Appendix 4.’

94 The site lies within Riccall Conservation Area. When determining a planning application which affects a Conservation Area attention must be had to S72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 which requires special attention to be paid to "the desirability of preserving or enhancing the character or appearance" of the Conservation Area.

Policy ENV25 (Control of Development in Conservation Areas) of the Local Plan builds upon this requirement and is of relevance to this application. Policy ENV25 states that: "Development within or affecting a conservation area will be permitted provided the proposal would preserve or enhance the character or appearance of the conservation area" and lists four criteria against which proposals for development should be considered. It is considered that the following criteria are relevant to this application. Criteria (1) "The scale, form, position, design and materials of new buildings are appropriate to the historic context." and Criteria (3) "The proposal would not adversely affect the setting of the area or significant views into or out of the area."

ASSESSMENT:

Riccall is identified within the Selby District Local Plan as a settlement that is capable of accommodating additional growth, therefore Policy H6 must be considered in determining this application. In these areas, ‘proposals utilising previously developed land, which may include small infilling plots, residential or commercial curtilages and the redevelopment or conversion of existing premises, are considered acceptable subject to the criteria in Policy H6’. The site is currently occupied by an existing unit and curtilage, which is therefore considered previously developed land as defined in Annex B of PPS3.

IMPACT ON CHARACTER AND FORM:

The application includes an indicative plan of the proposed dwelling. The site measures approximately 0.03 hectares in size, giving a density of approximately 33 dwellings per hectare. The site is located adjacent to a residential development and has residential properties on three sides. Furthermore it is noted that the character of the area is that dwellings predominantly have a highway frontage and modest residential curtilage. It is considered that there is sufficient highway frontage and space to provide a dwelling unit within the site which would be in accordance with the character of the area.

The indicative layout shows the site can accommodate a dwelling whilst preserving the character and appearance of the conservation area, however the application is in outline form, details regarding the scale and layout are reserved and can be controlled under subsequent reserved matters applications to ensure any proposed scale, layout and appearance would preserve or enhance the character or appearance of the conservation area in accordance with Policy ENV25 of the Selby District Local Plan. Therefore the redevelopment of this site is not considered to be out of character with the area in accordance with Policy H6 (1), ENV1 and ENV25.

95 RESIDENTIAL AMENITY:

Although an indicative layout is included with the application site there are no details of siting or design for approval. Notwithstanding this it is considered that the site is of a size and topography to accommodate the proposed dwelling with sufficient space between the surrounding properties to meet the generally accepted distance for space about dwellings and ensure that overlooking does not occur and they could be designed so as to ensure they do not appear overdominant or have a detrimental effect in terms of overshadowing.

Although the issues of residential amenity are to be determined under the reserved matters application, however with regard this application it is considered acceptable in accordance with Policy H6 (2) ENV1 and ENV25 of the Selby District Local Plan.

HIGHWAYS SAFETY:

The proposal includes means of access. There are a number of neighbour objections raised on highways safety issues. Notwithstanding this there are no objections from the Highways Authority subject to conditions. The proposed access is therefore considered acceptable subject to conditions attached to any approval granted requiring precautions to prevent mud on the highway and on site parking during the construction. Subject to the above conditions it is considered that the application is in accordance with Policies T1, T2, VP1 and H6 (3).

FUTURE DEVELOPMENT OF THE SITE:

The land is not required as access to any other sites and as such the proposal is not considered to compromise future development in accordance with Policy H6 (4).

BACKLAND DEVELOPMENT:

The application does not include siting however it is considered that there is sufficient area for any reserved matters application to have a frontage onto the highway it is therefore considered that the proposed dwellings would not constitute an unacceptable form of backland development in accordance with Policy H6 (5).

NATURE CONSERVATION:

The site is not a designated nature conservation area and is not known to support any species protected under British or European law, or any other species or habitat of conservation concern and due to its private status is not considered to be an important space with amenity value to the local area. The proposed development is therefore considered acceptable in accordance with Policy H6 (6).

OTHER CONSIDERATIONS:

Yorkshire Water have raised no concerns over drainage or flooding, however the Ouse and Derwent Drainage Board raised concerns regarding the surface water drainage to the

96 site. However it is considered that the a condition requiring submission and implementation of a drainage scheme would be acceptable for drainage issues to the site.

The site has sufficient space to accommodate refuse storage within the site. The ability of the local primary school to accommodate additional pupils was raised by an objector, however the application does not meet the criteria to consult the local education authority and it is therefore considered that the proposal would not result in a significant impact upon the ability of the local education authority to provide its service.

There are therefore no other overriding material considerations in accordance with Policy H6 (7).

CONCLUSION:

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 proposed residential development would not have a detrimental effect on the form and character of the area in general and the special character of the conservation area or either the residential amenity of the occupants of neighbouring properties or highways safety. Furthermore there are no other issues that outweigh the benefits of the scheme. The application is therefore considered not to be contrary to Policies H2A, H6, ENV1, ENV25, T1, T2 and VP1 of the Selby District Local Plan.

RECOMMENDATION:

This application is recommended to be Granted subject to the following

1) Applications for the approval of the reserved matters referred to in No.2 herein shall be made within a period of three years from the grant of this outline permission and the development to which this permission relates shall be begun not later than whichever is the later of the following dates:

(i) The expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: In order to comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

2) Approval of the details of the (a) layout, (b) scale, (c) external appearance of the buildings, (d) the landscaping of the site (hereinafter called 'the reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason: This is an outline permission and these matters have been reserved for the subsequent approval of the Local Planning Authority, and as required by Section 92 of the Town and Country Planning Act 1990.

97 3) 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 crossing of the highway verge and/or footpath shall be constructed in accordance with the approved details and/or Standard Detail number E6b 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 E6b 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.

4) No development shall commence until a scheme for the provision of surface water drainage has be submitted to and approved in writing by the local planning authority, the approved scheme shall be implement prior to the first use of the development.

Reason: To ensure satisfactory drainage of the site.

5) Development and construction hours shall be restricted to the hours of 0800 to 1800 Mondays to Fridays and 0800 to 1300 on Saturdays and no development shall take place on Sundays, Bank and Public Holidays.

Reason: In the interest of residential amenity to comply with Policy ENV1 of the Selby District Local Plan.

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S APPLICATION SITE Item No: Glenside Cottage, 2 Lumby Lane, Monk Fryston Address: 2008/0042/FUL 99 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

APPLICATION 8/56/44G/PA PARISH: Monk Fryston Parish Council NUMBER: 2008/0042/FUL

APPLICANT: Mr Orme VALID DATE: 16 January 2008

EXPIRY DATE: 12 March 2008 PROPOSAL: Proposed erection of a detached dwelling on land to the rear

LOCATION: Glenside Cottage 2 Lumby Lane Monk Fryston Leeds North Yorkshire LS25 5DS

DESCRIPTION AND BACKGROUND

The application has been referred to the Committee due to a request from a Councillor on the grounds of character and form, inappropriate development, residential amenity and overdominance.

Planning permission is sought for the erection of a detached dwelling. The application also includes the excavation of the quarry in which the dwelling would be sited. The excavation of the quarry has already taken place.

The site is located to the rear of Glenside Cottage and was previously the garden of this property. The site has the benefit of outline consent from 2006 for a detached bungalow. The principle of residential development on this site has therefore already been established. The site is accessed from a private road, which currently serves 3 other properties. The site lies within a residential area within the defined development limits of Monk Fryston. The site also lies adjacent to the Monk Fryston Conservation Area.

The proposed dwelling would be 3 storeys high and would be 10.4 metres in high. The dwelling would have a double integral garage on the ground floor and a balcony at first floor level, which projects 2.5 metres. The dwelling would measure 9.9 metres in width by 12.7 metres in length. The dwelling would have 3 dormers in the second floor, which would have pitched roofs. The proposal intends to use the existing private access, which runs along the western boundary of the site.

The site is bounded by residential properties, with a mixture of detached, semi-detached and terraced properties within the area, and a mixture of bungalows and two-storey properties. The site is bounded to the east by a substantial stone wall, to the north by a timber fence and high leylandii hedge, to the south by a quarry wall with a timber fence above, and to the west by the access road to the site.

History

2006/1000/OUT - Outline approval granted for the erection of a bungalow including details of siting and means of access at Glenside Cottage, 2 Lumby Lane, Monk Fryston

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CONSULTATIONS

PARISH COUNCIL: Objects to the proposal on the following grounds: - The rear windows would face directly on to the quarry wall - Access - Proposed building is unsuitable for the plot. - Subsidence

INTERNAL DRAINAGE BOARD: No observations

HIGHWAYS: No objections subject to conditions

NEIGHBOURS: A site notice was placed near to the site and consultation letters sent to adjacent neighbours. Two letters of objection were received from the properties Lowlands and Beam House. The letters raised the following concerns: - Will the size of the building allow room for scaffolding - Is the applicant allowed to build so close to the boundary - The proposal would be overpowering, overbearing and overshadowing - Where will the sewerage disposal take place - The turning circle is inadequate due to the steep gradient - Loss of light to our rear garden and conservatory - The proposed house would have a dominating effect on our house. - Due to the three storey height the property will have an over bearing and dominating effect - Increase in traffic.

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 Humberside (published on 1 December 2004), policy E8 of the North Yorkshire Structure Plan (Alteration No3) (adopted in 1995) and the saved policies of the Selby District Local Plan (adopted on 8 February 2005).

Relevant policies of the Selby District Local Plan include:

ENV 1 – Relates to the control of development, and requires assessment with regard to such matters as residential amenity, character and form, and highway safety.

ENV25 – Relates to development within or affecting a conservation area.

H2A – Relates to the location of new residential development, requiring development to be on brownfield sites within the development limits of settlements.

H2B – Require the density of new development to be at a minimum of 30 dwellings per hectare unless the character of the area suggests otherwise.

H6 - Relates to residential development in settlements that have a good service base and are capable of accommodating additional growth. Includes reference to residential amenity, impact on character and form, and highway safety.

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T2 – Relates to the intensification of use of an existing access.

It is considered that the main issues in this application are: i) Principle of development ii) Character & form, and the impact on the adjacent conservation area iii) Impact on residential amenity iv) Density v) Highway safety vi) Drainage i) Principle of development

The proposal lies within the defined development limits for Monk Fryston and relates to the re-use of previously developed land. Policy H6 of the Selby District Local Plan (SDLP) sets out the detailed criteria that this proposal needs to be considered against. Planning Policy Statement (PPS) 3: Housing and policy H2A of the SDLP encourage the use of windfall sites on previously developed land. Annex B of PPS 3 defines residential curtilages as previously developed land. Therefore the proposal would be acceptable in principle. ii) Character and form

The area surrounding the site has a mixed and varied character. The neighbouring properties ‘Lowlands’ (to the north of the site) and ‘Beam House’ are large detached houses, both rendered with substantial gardens surrounding the properties. Glenside Cottage (to the south of the site) is a long narrow property constructed in stone, which has been rendered. This property has recently had planning permission approved for the subdivision of the property in to two houses including an extension.

A bungalow was approved in outline form in 2006, with only a slightly smaller footprint than the current proposal. However, this proposal is for a large detached dwelling with little amenity area. It is considered that due to the scale and appearance of the dwelling in relation to the size of the plot the dwelling would represent over development of the site and appear overdominant in its setting. It is therefore considered that due to its massing the dwelling would therefore have a detrimental effect on the character of the area. The proposal is therefore considered to the contrary to ENV1 of the Selby District Local Plan.

The site lies adjacent to the Monk Fryston conservation area, the boundary of which follows the eastern boundary of the site. The proposal by virtue of its scale and appearance, and the proposed use of dormer windows – an alien appearance within the immediate area to the site – would detract from views into and out of the conservation area. The proposal would therefore be contrary to the aims of policy ENV25 of the Selby District Local Plan. iii) Impact upon residential amenity.

The proposed dwelling would be situated 15 metres from the neighbouring property ‘Lowlands’ (to the north of the site). This property is set further forward than the proposed property and is situated to the north of the applicant’s site. The elevation facing this property would contain one ground floor window, which would serve a games room. It is considered that this window would not impact on the property ‘Lowlands’ due to its low

103 positioning which starts at 1.2 metres in height this window would also be adequately screened by the existing 2 metre high fence and conifer trees which mark the boundary of this site.

The plans show that the dwelling when constructed would be 2.2 metres higher than the dwelling at ‘Lowlands’ and would be situated 1 metre from the garden of ‘Lowlands’. It is considered that the distance of 15 metres between the properties is adequate to prevent a significant loss of light to ‘Lowlands’. There are also no primary windows in the side elevation of ‘Lowlands’. However, the impact the proposal would have on the garden of the Lowlands is considered to be an issue. The width of the dwelling would be 9.9m and is and would be 1m from the boundary with ‘Lowlands’ It is considered that due to the dwellings height so close to garden of ‘Lowlands’ the proposal would significantly overshadow the garden of this property. Furthermore it is considered that proposal would be visually dominant when viewed from ‘Lowlands’.

The properties to the rear of the site would be situated 13 metres from the rear elevation of the proposed dwelling. Due to the proposed properties position set down in the quarry only the roof plane and second floor windows of the house would be visible from the houses to the rear. The windows would look out on to a private drive and would not be high enough to look in to the properties. Therefore due to the separation distances and the position in the quarry it is considered that the property would not impact on the residential amenity of the properties to the rear of the site.

The dwelling would be slightly lower than the property Glenside Cottage (to the south of the site) due to its position low in the quarry. This property has recently had an application for subdivision into two dwellings and an extension to the western elevation. The proposal shows three windows in the elevation facing the site. These would be a first floor bathroom window and two ground floor secondary lounge windows. The bathroom window would be obscure glazed. The distance between the extension and the proposed house would be approximately 5 metres. The distance between the proposed dwelling and the garden to Glenside Cottage would be 2m. It is considered that by virtue of these distances, the dwelling would result in a loss of amenity to Glenside Cottage through overshadowing of both the dwelling and the garden. iv) Density

The site area is 0.032ha. The proposed density of the development would be 31 dwellings per hectare. Policy H2B recommends a minimum net density of 30 dwellings per ha unless there is an overriding need to safeguard the existing form and character of the area. The proposal would result in a density of just over 30, and given the existing outline consent, the development of the site can be considered acceptable. However, the previous outline permission was for a bungalow, with only a slightly smaller footprint. The size and scale of this current proposal, as a three storey dwelling, is considered excessive for the site. This has been addressed earlier in the report. v) Highway Safety

The proposal would provide two parking spaces. The parking standards require a dwelling with 4 bedrooms or more to provide two parking spaces. The proposal therefore meets this standard. The applicant has provided a plan showing how a car would turn around in the site to enable the exit of the site in a forward gear. The County Council Highway Officer has assessed the proposal and raised no concerns subject to conditions.

104 The neighbouring properties have raised concerns regarding damage being done to the access road during development. This is a civil matter, not a material planning consideration, and one which must be addressed between the applicant and interested parties. vi) Drainage

Neighbouring properties have raised concerns regarding how the proposed house would be drained. The applicant has stated the surface water will be drained via a soak away. The application forms state that foul sewage is to be disposed of by mains drains. Yorkshire Water and the Internal Drainage Board have not objected to the proposal. It is therefore considered that the proposal is acceptable in terms of drainage.

CONCLUSION:

It is considered that the proposal is acceptable in principle as the site is previously developed land within the defined development limits of Monk Fryston. The proposal is also considered acceptable in terms of highway safety, and drainage. However it is considered that the proposal is unacceptable in terms of the impact it would have on the neighbouring properties ‘Lowlands’ and Glenside Cottage by virtue of overshadowing. It is also considered the proposal would have a detrimental impact on the character of the area, and the conservation area. The proposal is therefore considered to be unacceptable, having had regard to policies ENV1, ENV25, H2B and H6 of the Selby District Local Plan.

RECOMMENDATION:

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

1)The proposed development is considered to be over development of the site resulting in an adverse impact on the character and appearance of the immediate area, and views into and out of the adjacent Monk Fryston conservation area. It is therefore considered to be unacceptable and having had regard to policies ENV1, ENV25 and H6 of the Selby District Local Plan.

2) It is considered that the proposed extension, by virtue of its scale, would result in an unacceptable level of overshadowing to the rear garden of the adjacent properties ‘Lowlands’ and Glenside Cottage, which would be detrimental to the residential amenity of the occupiers of this property. The proposal is therefore considered to be unacceptable and having had regard to policies ENV1 and H6 of the Selby District Local Plan.

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S APPLICATION SITE Item No: 81 Dane Avenue, Thorpe Willoughby Address: 2007/1386/FUL 106 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 APPLICATION 8/34/190B PARISH: Thorpe Willoughby NUMBER: 2007/1386/FUL Parish Council

APPLICANT: Ms Gough VALID DATE: 30 January 2008

EXPIRY DATE: 26 March 2008 PROPOSAL: Application for the conversion of single domestic garage to dog grooming salon

LOCATION: 81 Dane Avenue Thorpe Willoughby Selby North Yorkshire YO8 9NU

SITE DESCRIPTION AND BACKGROUND:

This application has been referred to Planning Committee at the request of Councillor Lunn on the grounds of highway safety.

Planning permission is sought for the change of use of an existing single storey garage to a dog-grooming parlour. The application includes external alterations to the building, which consist of the change of the flat roof to a pitched roof and the change of the garage door to a window. A small sign would be attached to the front of the garage which would measure 30cm x 40cm.

The property is situated within a residential area that consists of dwellings of a similar design. The garage is constructed in red brick and matches the surrounding properties.

CONSULTATIONS:

PARISH COUNCIL: The Parish Council made the decision not to comment on this application as the applicant is a member of the Parish Council.

COUNTY HIGHWAY AUTHORITY: Comment that at present the property benefits from off-street parking (including a garage). However, not only would the conversion of the garage remove one off street parking area, the business will intensify the use over an existing highway/footway crossover.

The Highway Authority recommends refusal on the grounds related to that the proposed access to the development would interfere with the free flow of highway users and in the absence of adequate on-site parking spaces for the

107 proposed development would be likely to result in vehicles being parked outside the site to the detriment of the free flow of traffic and road safety.

ENVIRONMENT HEALTH: No response was received for the current application. However the Environmental Health Section responded to the previous application, which was for the same proposal and had no objections.

NEIGHBOURS:

A site notice was posted near the site and consultation letters sent to adjacent neighbours. One letter of objection was received from 68 Dane Avenue, which raised the following objections:

Increased traffic Disposal of commercial waste Not enough parking for customers and applicant

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, dated January 2008.

It is considered that Policy ENV1 (Control of Development) of the Local Plan is relevant to this application. Policy ENV1 states that: “Proposals for development will be permitted provided that a good quality of development is achieved” and lists eight criteria against which proposals for development will be considered. It is considered that the following criteria are of the most relevance to this application. Criteria (1) “the effect on the character of the area and the amenity of adjoining residents. Criteria (4) “the standard of layout, design and materials in relation to the site and its surroundings”.

The property is within the development limits of Thorpe Willoughby.

In addition, para 32 to PPG4: Industrial and Commercial Development and Small Firms refers to working from home and that many small businesses are started by people working from home and that the incidence of home working is likely to increase.

108 The guidance continues by suggesting that local planning authorities should take steps to ensure such developments are effectively controlled once the activities are such that planning permission is required.

The relevant issues to be taken into account are:

i) Character and form, ii) Residential amenity, and iii) Highway safety.

i) Character and form

In view of the limited scale of the proposal, it is considered that the appearance of the development would be in keeping with the surrounding properties and the character of the area, due to the appearance of the building to be converted. The change from a flat to a pitched roof is acceptable and would not harm the area. The garage would still have the appearance of an ancillary domestic building and the external changes are not significant. It is therefore considered that the proposals would be appropriate and would comply with Policy ENV1 of the local plan.

ii) Residential amenity

The garage is sited to the rear of the applicant’s property. The applicant has stated that the walls of the garage are to be insulated to reduce any noise from the dogs and the operation of the business. It is considered that any potential noise could be overcome by a condition on any approval to ensure that the insulation of the premises is carried out.

It is acknowledged that a dog-grooming salon could potentially result in an increase in activity by comparison to the existing residential use of the property. The suggested operating times are given by the applicant as:

09.00hrs to 17.45hrs Monday to Friday and 09.00hrs to 12.00hrs (midday) Saturdays

This would give rise to a working day of 09.00hrs-17.45hrs, which is considered to be acceptable in that no animals would be arriving before 09.00 in the morning or after 5.45 at night. A condition should be attached to any approval restricting the salon to these hours that would reduce the possibility of any disturbance to residents at unsociable hours.

In view of the information received from the applicant, it is therefore considered that the proposal would not cause significant loss of amenity to neighbouring properties. In view of the comments received from the Environmental Health

109 Officer, it is concluded that the proposal, subject to conditions would not cause harm to the surrounding area ands would therefore be acceptable.

iii) Highway safety

A local resident and the highway authority have raised concerns that the proposal would increase the amount of traffic visiting the site. However, the applicant advises that the salon would be run on an appointment-only basis with only one dog being groomed at any one time. The applicant would also be the only employee who similarly would only enable one dog to be groomed at a time. It also follows that there would only be one customer visiting at a time.

The applicant has provided information on how extra on-site parking spaces may be provided such that off street parking for up to four vehicles may be available.

CONCLUSION:

The scale of the proposal, one employee, the applicant, carrying out one grooming at a time is a measure of any impact the activity would have upon the area. Subject to necessary conditions on any approval, it is concluded that the use of an existing domestic building for this level of use may not have detrimental effects on the neighbourhood and may be able to operate without it being discernible in the wider area.

It is considered, having regard to Policy ENV1 of the local plan, letters of representation, consultation responses and all other material planning considerations that the proposal will not have an adverse effect on neighbour amenity or the character or appearances of the area and may be approved subject to conditions.

RECOMMENDATION:

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

1. std three year time limit

2. The dog grooming salon hereby permitted shall not operate other than between the hours of 09.00hrs to 17.45hrs Monday to Friday (inc) and from 09.00hrs to 12 noon Saturdays, and shall not operate at all on Sundays, Bank or Public Holidays.

110 Reason: To define this permission, in accordance with the details of the application and in the interests of the residential amenities of the area, in accordance with Policy ENV1 of the Selby District Local Plan.

3. Prior to the use commencing, the sound insulation scheme for the garage shall be implemented in full accordance with the details that have been submitted to and approved by the local planning authority. The approved scheme shall be retained throughout the duration of the approved use.

Reason: To define this permission, in accordance with the details of the application and in the interests of the residential amenities of the area, in accordance with Policy ENV1 of the Selby District Local Plan.

4. The use hereby approved shall be operated only in strict accordance with the applicant’s Neighbour Consultation sheet dated 26/6/2007 which has been approved as part of this application.

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APPLICATION 8/20/589F/PA PARISH: Brayton Parish Council NUMBER: 2008/0189/FUL

APPLICANT: Daniel Gath Homes VALID DATE: 12 February 2008

EXPIRY DATE: 8 April 2008 PROPOSAL: Proposed erection of 6 detached dwellings with garages and associated works (following the demolition of existing dwelling) at LOCATION: Ness Bank Baffam Lane Brayton Selby North Yorkshire YO8 9DT

DESCRIPTION AND BACKGROUND

This application seeks planning permission for the erection of six detached dwellings with garages, following the demolition of the existing dwelling at Ness Bank, Brayton.

The application has been referred to the Planning Committee for determination partly on the grounds of the number of objections received, and partly due to requests received from Councillors Chilvers and Nutt on the grounds of overshadowing, highway implications, and the fact that the previous application was determined by the Committee.

The site is currently occupied by a large detached dwelling, brick outbuildings, greenhouse, wooden shed, summerhouse, and the overall domestic curtilage of that dwelling. The site is therefore considered to be previously developed land (i.e. a brownfield site). The access to the existing dwelling is served off Baffam Lane, from the north eastern corner of the site. The site is 0.29ha in size, therefore the density would be the equivalent of 21 dwellings per hectare.

The site is bounded to the east (front) by a 3m high beech hedge, and to the remaining boundaries by a 2.8m high beech hedge. A large horse chestnut tree (covered by a Tree Preservation Order (TPO)) exists to the north-eastern corner of the site, and another smaller tree exists to the south-eastern corner of the site.

The site, on a wider scale, is bounded to the north by fields, to the east by Baffam Lane and fields beyond, and to the west and south by two storey dwellings.

The proposal is to demolish the existing dwelling and outbuildings, and erect six detached dwellings within its curtilage. The development would comprise:

1 x 3 bedroom bungalow with integral garage 1 x 4 bedroom, two storey dwelling with attached garage 1 x 4 bedroom, two storey dwelling with detached garage 3 x 5 bedroom, two storey dwellings each with detached garage

114 Plots 2 – 6 inclusive would be accessed via a private drive leading from a central point into the site off Baffam Lane. Plot 1 would be accessed separately off Baffam Lane and would have a turning area within the front garden of the property.

History:

2007/0046/FUL – Application for the erection of 9 dwellings following demolition of the existing dwelling. Refused permission by Planning Committee on the following grounds: - Overdevelopment of the site resulting in loss of character. - Loss of amenity to dwellings to the west of the site. - Unsatisfactory access onto Baffam Lane.

The application was then determined at appeal. The Inspector dismissed the appeal, but only on the grounds that the development would appear cramped when viewed from Baffam Lane and Bartons Garth, and that a lower density of development would be required on the site. The Inspector concluded that the development would have no impact on residential amenity of dwellings to the west, and would have no detrimental impact on highway safety.

CONSULTATIONS

BRAYTON PARISH COUNCIL: Raised concerns over the following:

The two roads joining Baffam Lane. NYCC are currently arranging traffic calming measures.

The hedge at the boundary of the land adjoining Bartons Garth. Who will maintain it and keep it at a reasonable height?

Plot 2 should be reduced to a bungalow to reduce the overshadowing of properties on Bartons Garth.

HIGHWAY AUTHORITY: No objections subject to conditions. Commented that the access should be a minimum of 5.5m wide, and that the footway from Bartons Garth should be continued along the front of the site.

YORKSHIRE WATER: Stated that comments from previous applications apply. Previous comments stated that there are no objections subject to conditions. The removal of an existing sewer under the site can be dealt with by the developer prior to development commencing.

INTERNAL DRAINAGE BOARD: No objections.

COUNTY ECOLOGIST: No comments received on the submitted protected species survey at the time of writing this report. These comments will be reported verbally at the Committee meeting.

NATURAL ENGLAND: No objections subject to adherence with the bat survey report.

ENVIRONMENTAL HEALTH: No objections subject to conditions.

115 CONTAMINATED LAND OFFICER: No comments received at the time of writing this report, in relation to a site appraisal concerning the past location of two fuel tanks within 50m of the site. These comments will be reported verbally at the Committee meeting.

TREE AND LANDSCAPE OFFICER: No objections subject to conditions.

POLICE: No objections. General comments received in relation to secure by design.

LOCAL RESIDENTS: A site notice was placed near to the site and letters sent to neighbouring properties. At the time of writing this report ten letters of objection had been received towards the proposal. However, the site notice gives a date of 19th March for comments to be received. Therefore any additional comments received prior to the Committee meeting will be report verbally to the Committee.

The ten letters received were from residents Bartons Garth, Baffam Lane, and Garrick Close. It should be noted that two of the letters were received from different occupants of 2 Bartons Garth, two were identical letters received from different occupants of 6 Garrick Close, and two were letters from different occupants of 5 Bartons Garth. The following concerns were raised:

This will be the sixth planning application on the site

Plot 1 with its own access would put three accesses onto Baffam Lane within a distance of 10 metres.

The proposal does not mention the type of materials to be used. Ness Bank should not be demolished. It should be a listed building. Plots 1 and 2 would damage the hedge roots. The removal of trees prior to the previous application has had a dramatic effect on the surrounding area. Replacements should be planted

Plot 2 is too close to the road and should be set back 8.5m to maintain the character of Bartons Garth. The position of the property would make it difficult for no’s 2 and 3 Bartons Garth to extend their properties in the future

Plot 2 will change the view from no’s 2 and 3 Bartons Garth, and plots 2, 3 and 4 would overlook no 7 Bartons Garth, and Westfield House

The development should be for no more than 4 dwellings

There is no public transport serving the immediate area of the development. Plot 1 with its own access would put four accesses onto Baffam Lane within a distance of 14 metres. Extra traffic onto Baffam Lane will exacerbate the current high volumes of traffic. Motorists speed along Baffam Lane

A bat survey should be carried out and the results known prior to permission being granted

The existing drainage system is at capacity. The amount of hard landscaping and roof area would mean a large increase in the amount of surface water going to the public drainage system.

116 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 saved policies of the Selby District Local Plan (adopted on 8 February 2005).

The site is located within the development limits for Brayton, therefore the following Selby District Local Plan policies are considered to be applicable:

ENV1 – Relates to the general control of development, and requires assessment to be made with regard to such matters as character and form, residential amenity and highway safety.

H2A – Requires new development to be within the development limits of settlements, and on previously developed/brownfield land.

H2B – Requires a minimum density of 30 dwellings per hectare to be achieved unless the character of the area suggests otherwise.

H6 – Relates to development within areas capable of additional growth due to the existing service base, and requires assessment to be made with regard to such matters as residential amenity, highway safety, character and form, and harm to nature conservation interests.

T2 – Relates to the creation of new accesses to developments, or the intensification of existing accesses, having regard to their relationship with the highway network.

VP1 – Relates to the standard of parking within a development.

PPS 3: Housing is also considered to be relevant.

The key issues to consider as part of this application are: i) Principle of the development ii) Character and form iii) Impact upon residential amenity iv) Highway safety and parking v) Presence of bats on the site vi) Impact on the TPO’d tree and existing hedge vii) Developer contributions i) Principle of development The site lies within the development limits of Brayton, and is considered to be previously developed land (i.e. a brownfield site), being occupied by an existing dwelling, associated outbuildings, and the residential curtilage of the dwelling. This is considered to be acceptable, and in accordance with policies of the Selby District Local Plan and the guidance contained within Planning Policy Statement (PPS) 3.

117 The site is 0.29ha in size. The development would be the equivalent of 21 dwellings per hectare. Whilst this is lower than the density required by policy H2B, in the previous appeal decision for the site where the development proposed was for nine dwellings with a density of 31 dwellings per hectare, the Inspector stated that a lower density of development was required for the site in order to reflect the character of the area. Policy H2B does allow for lower densities where this would better reflect the character of the area. The proposed density is therefore considered to take heed of the Inspectors comments and to be appropriate.

The proposal would involve the demolition of an imposing, large two-storey dwelling which is considered by many local residents to be of visual and historical importance to the surrounding area. Whilst it is considered that the existing dwelling is visually dominant from approaches along Baffam Lane, the dwelling is not considered to be of significant architectural merit to warrant its retention, and is not a listed building or within a conservation area.

Given the above, and that the Inspector found that the principle of development is generally acceptable, the proposal is therefore considered to be acceptable in principle.

ii) Character and form The area surrounding the site comprises estate type development and two storey dwellings. The proposed development would take the form of a small cul-de-sac, consisting of five two storey dwellings and one bungalow.

The dwellings would be of simple traditional design and fenestration, and in terms of design and the layout of the dwellings, it is considered that the development would be generally in keeping with the character and appearance of the surrounding area due to its simplicity and spaciousness. The dwellings have all been designed differently which would add to the character of the proposal, whilst retaining an element of individuality.

The detached garages to serve plots 2, 3, 4 and 6 would all be standard size single storey units, and are considered to be positioned in an acceptable position within the overall layout of the site.

The height of the dwellings would range from approximately 5.8m (the bungalow on plot 1) to 8.8m high – the two storey dwellings would all be approximately the same height as one another. This is considered to be an acceptable standard height for a two-storey dwelling.

Each of the dwellings would have an area of private amenity space considered to be more than adequate for the size of the dwellings. The plans show the majority of the beech hedging to the boundaries of the site to be retained. The existing trees to the north-eastern and south-eastern corners of the site would also be retained and the protected tree unaffected. A more detailed landscaping scheme would be required via a condition attached to any approval.

The proposed layout and design of the development, combined with the lower density for the site, would respect the character of the surrounding area and is therefore considered to be acceptable.

118 iii) Impact on residential amenity The site is bordered to the south and west by residential properties. Plots 5 and 6 would not be within close proximity of any dwellings surrounding the site, and would therefore not impact on residential amenity.

Plot 1 would have a side elevation facing towards the front elevation of 1 Bartons Garth at a distance of 16.5m, and at an angle towards the front elevation of 2 Bartons Garth at a distance of 20m. The southern elevation of plot 1 would contain a door into the integral garage and no windows. The design of the dwelling, and the distances from the dwelling to neighbouring properties would ensure that no loss of amenity would occur by virtue of overlooking or overshadowing to 1 and 2 Bartons Garth, or to the residents of plot 1.

Plot 2 would have a side elevation facing the front elevation of 3 Bartons Garth across a road at a distance of 16m, and a rear elevation facing the side and garden of 7 Bartons Garth at a distance of 13m. The southern elevation would have a window at first floor level serving an ensuite, and no other windows. The design of the dwelling and the distance from the dwelling to 3 Bartons Garth is considered to be sufficient to minimise any loss of amenity to that property or the residents of plot 2 by virtue of overlooking or overshadowing.

Plot 3 would have a rear elevation facing towards the gardens of 7 Bartons Garth and Westfield House at a distance of 13m. The windows at ground floor level would be shielded from view by the existing beech hedge which is to be retained. The impact of overlooking from windows at first floor level, all serving bedrooms, and the presence of a two storey dwelling would be minimised by the distance from plot 3 to the boundary with the neighbouring properties. The garage to plot 3 would be 1.75m from the boundary with the garden to Westfield House. The beech hedge would be sufficient to shield the garage from view and minimise any impact through overshadowing to that property. The 7 Bartons Garth has no first floor windows facing towards the site, and Westfield House has one first floor window which appears to be a secondary window (i.e. to a bathroom or a small additional window to a bedroom), therefore no overlooking of these properties would occur.

Plot 4 would have a rear elevation facing the side elevation and garden to Westfield House. The windows to the ground floor would be shielded from view by the presence of the existing beech hedge which is to be retained. The impact of overlooking to the garden of Westfield House from the first floor windows in plot 4, all serving bedrooms, would be minimised by the distance from plot 4 to the boundary with that neighbouring property. Westfield House has one first floor window facing towards the site which appears to be a secondary window (i.e. to a bathroom or a small additional window to a bedroom), therefore no overlooking of this property would occur.

It should be noted that the distance of 13m between the rear elevations of plots 2, 3 and 4 and the boundary with 7 Bartons Garth is 1m more than that proposed in the previous application. The minimum distance of 16m between plots 1 and 2 from other dwellings on Bartons Garth is the same distance proposed in the previous application. The Inspector dealing with the appeal for that proposal considered the distance of 11-12m proposed at that time to be sufficient to not harm the living conditions of the residents of those properties through loss of sunlight or overlooking.

The accesses proposed to serve the properties on the site would be of a sufficient distance from existing properties to minimise any impact of noise from vehicular

119 movements. The distance of the private drive from the main elevations of the dwellings proposed within the development would be sufficient to also minimise the impact of vehicular noise on the residents of the new dwellings.

Given the above, it is considered that the proposal would have only minimal impact on neighbouring residents along Bartons Garth and at Westfield House, and is therefore considered to be acceptable. iv) Highway safety and parking Plot 1 would be served by a single driveway access off Baffam Lane, and would have a turning area within the front garden of the property to enable vehicles to turn within the site and exit onto Baffam Lane in a forward gear. This access would be approximately 8-9m from the junction with Bartons Garth. The Selby District Local Plan parking standards require three bedroom properties to have a minimum of 2 parking spaces in such areas as Brayton. This property would have an integral garage with two additional spaces for parking to the front of the property creating three spaces in total.

Plots 2 – 6 inclusive would be served off a shared private drive accessed off Baffam Lane, at a central position within the site frontage. Plot 5 would be a four bedroom property and would have an attached single garage with one additional parking space to the front of the property. Plot 6 would also be a four bedroom property and would have a detached double garage with room to park a minimum of an additional two cars to the front of the garage. Plots 2, 3 and 4 would be five bedroom properties. Plots 2 and 4 would each have a detached double garage with room to park an additional two cars to the front of each garage. Plot 3 would have a detached double garage with room to park an additional 3 cars to the front of the garage. The Selby District Local Plan parking standards require properties within a minimum of four bedrooms to have a minimum of 2 parking spaces per dwelling. One additional space should also be provided within the site to cater for visitor parking.

The proposal would be required, in accordance with the Selby District Local Plan parking standards to have a minimum of 13 parking spaces. In total including garage spaces and other spaces available on driveways, the proposal would have approximately 22 parking spaces, being ample to address any issues of parking that residents may have. Whilst the parking standards in the Local Plan give a maximum requirement for new development, given the nature of Baffam Lane and the problems that would result from on-street parking, it is considered appropriate to retain the proposed number of parking spaces within the site and to not require a reduction in numbers to meet the maximum standards.

Concerns have also been raised by residents about the speed of vehicles travelling along Baffam Lane, and the additional danger that a new development would have on the highway.

The proposal has been assessed by the County Council Highway Officer who has commented that the plans are generally acceptable, but has requested amendments to the width of the access and the creation of a footway to the front of the site. At the time of writing this report, the Council were discussing such matters with the applicant. Councillors will be verbally updated on this matter at the Committee meeting. v) Presence of bats on the site The presence of bats on the site has been raised by objectors. A protected species report has been submitted with the application. Natural England has commented that they have

120 no objections to the proposal subject to the developer adhering to the mitigation measures outlined in the bat report. vi) Impact on the protected tree and existing hedge A horse chestnut tree, the subject of a Tree Preservation Order, is located to the north- eastern corner of the site, and a substantial beech hedge acts as a boundary to the site. Both of these, plus an additional substantial tree to the south-eastern corner of the site area shown to be retained on the submitted plans. Concerns have been raised by residents that the trees and hedge should not be removed or damaged during the development, or by the proximity of the dwellings to the hedge. Although not strictly necessary, conditions could be imposed on any approval to ensure that the tree shall be protected during the development, that the boundary hedges shall be retained except where removal is necessary to create a new access, and that a scheme of landscaping be requested. vii) Developer contributions The previous application for nine dwellings included an area of recreational open space, which was requested by the Council specifically due to the small gardens proposed for the dwellings on the site and the resultant requirement for families living on the site to walk to other nearby recreation areas along a section of Baffam Lane which has no footpath along the western side.

This current application negates the need for such an area of open space to be provided, as the gardens to the properties would be substantial and would provide adequate amenity space for families on the site to use for recreation, reducing the need to walk to other recreation areas nearby.

It is therefore considered appropriate, in accordance with the Council’s Adopted Supplementary Planning Document on Developer Contributions, to attach a Grampian condition to any approval given requiring a contribution in lieu of recreational open space on the site, and also for waste and recycling facilities. The developer has agreed to such a condition being imposed.

CONCLUSION:

The application site is within the development limits of a settlement which is considered to have an adequate service base to accommodate additional growth, and is considered to be previously developed land. The density of the development, and the design and layout of the dwellings would be appropriate for, and would not detract from the character of the surrounding area. The proposal by virtue of the layout of the development, and the distances between existing and proposed dwellings, would not have a detrimental impact upon the residential amenity of the occupants of nearby properties, and the proposed accesses and level of parking are considered to be adequate to ensure no impact on highway safety. The scheme also addresses issues previously raised by an Inspector at appeal.

Given the above, the proposal is considered to be acceptable, having had regard to policies ENV1, H2A, H2B, H6, T2 and VP1 of the Selby District Local Plan, and Planning Policy Statement 3: Housing.

121 RECOMMENDATION:

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.

2. 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 Selby District Local Plan.

3. Prior to site preparation and construction work commencing, a scheme to minimise the impact of noise, vibration, dust and dirt on residential property adjacent to the site shall be agreed in writing by the Local Planning Authority. The approved scheme shall be implemented and adhered to throughout the development process.

Reason: In the interests of residential amenity, having had regard to policy ENV1 of the Selby District Local Plan.

4. No building works shall be carried out only between the hours of 8am and 6pm on Mondays to Fridays, and between the hours of 8am to 1pm on Saturdays, and at no time on Sundays, Public Holidays or Bank Holidays.

Reason: In the interests of residential amenity, having had regard to policy ENV1 of the Selby District Local Plan.

5. The Chestnut tree to the north eastern corner of the site, covered by Tree Preservation Order no 14/2006 shall be protected during all site works in line with the advice in British Standard 5837 (2005) with regard to root protection area.

Reason: In order to ensure that the trees health is not affected by the development.

6. Before any development is commenced the approval of the Local Planning Authority is required to a scheme of landscaping, and in particular 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

122 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.

7. The existing hedge surrounding the site shall be retained at a height of no less than 2.5m, with the exception of that section of hedge required to be removed to facilitate the approved accesses onto Baffam Lane.

Reason In the interests of visual amenity and the amenity of adjacent residents, having had regard to policy ENV1 of the Selby District Local Plan.

8. 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 of the sewers and abandoned small sewage treatment works, which cross the site.

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

9. Prior to the commencement of the development hereby permitted, the following drawings and details shall be submitted to and approved in writing by the Local Planning 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 carriageways 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.

(vi) Drawings for the proposed new roads and footways/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.

123 The development shall thereafter be carried out 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 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.

10. 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:-

(ia) The access shall be formed with 6 metre radius kerbs, to give a minimum carriageway width of 4.5 metres, and that part of the access road extending 10 metres into the site shall be constructed in accordance with Standard Detail number E6D and the Specification of the Local Highway Authority.

(ic) The crossing of the highway verge and/or footpath shall be constructed in accordance with the approved details and/or 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.

(v) 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.

11. Before any part of the development is first brought into use, the existing access shall be permanently closed-off and the highway made good in accordance with details that shall first have been approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. After such closure, no new access shall be created without the prior approval of the Local Planning Authority.

Reason In the interests of highway safety.

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12. Prior to the commencement of the development hereby permitted visibility splays providing clear visibility of 4.5m x 120m measured down the centre line of the access road and the nearside channel line of the major road shall be provided at the junction of the access road with the county highway at no more than 1 metre above the level of the carriageway. Once created, these visibility areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

Reason In the interests of road safety to provide for drivers of vehicles using the access road to the site and the public highway with a standard of inter-visibility commensurate with the vehicular traffic flows and road conditions.

13. 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.

N.B. No vehicles associated with on-site building works shall be parked outside the application site.

Reason In the interests of highway.

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Agenda Item No:7 ______

Title: Planning Enforcement Sub-Group

To: Planning Committee

Date: 2 April 2008

Service Area: Democratic and Legal Services

Author: Carol Baker Committee Administrator

Presented by: Barry Hill, Head of Service – Planning and Economic Development ______

1 Purpose of Report

1.1 The purpose of this report is to request councillors to advise if they wish the Planning Enforcement Sub-Group to continue for a further twelve months.

2 Recommendation

2.1 That the Planning Enforcement Sub-Group continues to operate for a further twelve months from the date of this committee with a review in April 2009.

3 Executive Summary

3.1 The Planning Enforcement Sub-Group has operated for almost two consecutive years since its establishment in June 2006. It monitors the Council’s Planning Enforcement action and makes appropriate recommendations to the Planning Committee.

126 4 The Report

4.1 The Planning Enforcement Sub-Group was originally established in June 2006 as a result of this committee being concerned about the Council’s capacity to deliver an effective enforcement service.

4.2 In June 2007 the remit of the group was re-visited and it was agreed as follows:

• It have a membership of 5 councillors from the Planning Committee. • It continues to meet bi-monthly. • Its remit be to monitor the council’s planning enforcement action and make appropriate recommendations to the Planning Committee.

4.3 Since the establishment of the Sub-Group this committee has received the minutes of the meetings under part two of the agenda to approve.

4.4 In addition to the minutes of the Sub-Group this Committee also receives a quarterly resume of enforcement action undertaken by officers in a formal report from the Development Control Officer.

5 Financial Implications

5.1 There are no financial implications as a result of this report.

6 Conclusions

6.1 Councillors are asked to nominate members of the Sub-Group and to approve the recommendation. Officers will be available at Committee should councillors have any specific questions.

7 Link to Corporate Plan

7.1 The activities of the Group contribute to the Council’s strategic theme ‘Protecting the Environment’.

8 How Does This Report Link to the Council’s Priorities?

8.1 The work of the Group contribute to the Council’s priority ‘ A Clean, Green and Healthy Environment’.

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9 Impact on Corporate Policies

9.1 Service Improvement Impact

A robust planning enforcement service improves the environment for local people.

9.2 Equalities No Impact

9.3 Community Safety and Crime Impact

There is the potential for planning enforcement activity to improve community safety and reduce crime opportunities.

9.4 Procurement No Impact

9.5 Risk Management Impact

A poor performing planning enforcement service has the potential to damage the reputation of the Council.

9.6 Sustainability No Impact

9.7 Value for Money Impact

The on-going work of the Sub-Group aims the facilitate improvement in services and hence Value for Money.

10 Background Papers

10.1 Minutes of Planning Committee 21 June 2006 and 20 June 2007.

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