North Yorkshire Council

Community Development Services

Selby and Ainsty Area Planning Committee

ZG2023/0507/OUTM - Outline application (all matters reserved except for access to, but not within the site) for the demolition of No. 37 Moat Way and the erection of UP to 80 dwellings including self/custom build dwellings, Land Off Evergreen Way, Brayton, Selby, North Yorkshire

Report of the Assistant Director - Planning – Community Development Services

1.0 Purpose of the Report

1.1 To determine an outline planning application (all matters reserved except for access to, but not within the site) for the demolition of no. 37 Moat Way and the erection of circa 80 dwellings including self/custom build dwellings at land off Evergreen Way, Brayton, Selby.

1.2 The application is reported to Committee because the Head of Development Management considers this application to raise significant planning issues such that it is in the public interest for the application to be considered by Committee.

2.0 SUMMARY

RECOMMENDATION: It is recommended that outline planning permission be GRANTED subject to conditions and the prior completion of a S106 agreement as outlined in Section 12 of this report.

2.1. This application is for outline planning permission for circa 80 dwellings on agricultural land north of Evergreen Way and west of Moat Way, Brayton. The application seeks access (to the site but not within the site) to be determined with all other matters reserved. The site is roughly rectangular in shape with a public footpath to the north, hedgerow to the west, dwellings to the east with more dwellings and a former railway line to the south. The Proposed Masterplan submitted shows access from Moat Way (by way of demolishing 37 Moat Way) and how the site can be developed internally with housing arranged either side of the proposed internal roads, central public open space and landscaping to northern and western boundaries. The majority of the site lies outside of the development limits for Brayton and within open countryside. To the west lies Brayton Barff as well as a Locally Important Landscape Area (LILA).

2.2. The Council does not have a 5-year housing land supply and therefore paragraph 11(d) of the National Planning Policy Framework (i.e. the “presumption in favour of sustainable development”) is engaged for applications involving the provision of housing within the Selby legacy area.

2.3. Brayton is a Designated Service Village (DSV) under Core Strategy Policy SP2 and is a sustainable location for development due to its relationship with Selby. The existing village development limits (have been breached to the west and planning permission was allowed on appeal for 90 dwellings further west on Barff Lane. The application site is contained by built form to east and south with existing hedgerow to the west and is closely related to the existing settlement. It is not considered that the development would result in harm to landscape character. There are no technical objections to the proposed development and developer contributions have been negotiated.

2.4. The provision of up to 80 dwellings (including affordable housing) would contribute to the Council’s supply of housing and the applicant has confirmed that reserved matters would be submitted without delay.

2.5. Therefore, it is not considered that there are any adverse impacts that would outweigh the benefits of granting the application. The proposal is considered acceptable and is recommended for approval.

3.0 PRELIMINARY MATTERS

3.1. Access to the case file on Public Access can be found here:- ZG2023/0507/OUTM | Outline application (all matters reserved except for access to, but not within the site) for the demolition of No. 37 Moat Way and the erection of circa 80 dwellings including self/custom build dwellings | Land Off Evergreen Way Brayton Selby North Yorkshire

3.2. Application ZG2024/0319/OUT was approved in October 2024 for Outline Application with all matters reserved except for means of access for the development of three detached houses. This application site coincides with the red edge for ZG2023/0507/OUTM and lies at the end of Evergreen Way to the south.

3.3. Planning application 2022/1410/OUTM for the erection of up to 95 dwellings was allowed at appeal in 2024 on land to the west of the application site, two fields away.

4.0 SITE AND SURROUNDINGS

4.1. The site comprises agricultural land to the north-west of Brayton. Dwellings lie to the east on Moat Way and to the south at Evergreen Way. A hedge forms the western boundary, with the occasional hedgerow tree. To the north runs a public footpath which leads from Brayton to Thorpe Willoughby. The footpath is open and at a higher level as it passes through the fields. Fields lies to the west and north. Brayton Barff lies to the west.

4.2. There are no statutory national or local landscape or wildlife designation on the application site. There are no protected trees on or adjacent to the site. Brayton Conservation Area and Grade I Listed St Wilfrid’s Church lie to the east. The site lies in Flood Zone 1

5.0 Description of Proposal

5.1. Outline planning permission is sought for residential development of circa 80 dwellings. Access to the site to be taken via Moat Way, by way of demolition an existing dwelling (no.37). A secondary access is to be provided to the south from Evergreen Way.

5.2. The proposed masterplan shows how the site can be developed with dwellings facing onto the field and footpath to the north, with dwellings backing onto the western hedge boundary and neighbouring dwellings. A mix of single, two and two and a half storey units are proposed, the single storey dwellings shown to be located to the west of the site. Affordable housing at 21.5% is proposed. A central area of overlooked open space is provided. A mix of curtilage and street parking is indicated on the plans.

5.3. Scale is a reserved matter however the Design and Access Statement indicates that dwellings will be predominantly detached and semi-detached two storey units with some 2.5 storey units central to the site and several single storey units to the eastern and southern boundaries.

5.4. Layout is also a reserved matter, and the proposed masterplan shows how the site could be developed and demonstrates that the site could support the proposed quantum of houses and necessary infrastructure.

5.5. Landscaping is a reserved matter however the proposed masterplan shows landscaping principles which will be taken forward.

5.6. The site is part of rejected site BRAY-B in the Pre-submission Publication Local Plan.

5.7. The application is supported by a suite of technical documents that may be viewed on Public Access.

6.0 PLANNING POLICY AND GUIDANCE

6.1. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that all planning authorities must determine each application under the Planning Acts in accordance with the Development Plan so far as material to the application unless material considerations indicate otherwise.

Adopted Development Plan

6.2. The Adopted Development Plan for this site is:

- Selby District Core Strategy Local Plan (adopted 22nd October 2013)

- Those policies in the Selby District Local Plan (adopted on 8 February 2005) which were saved by the direction of the Secretary of State and which have not been superseded by the Core Strategy

- Minerals and Waste Joint Plan (adopted 16 February 2022)

Emerging Development Plan

6.3. On 17th January 2025, a report was taken to the Selby and Ainsty Area Committee and Development Plans Committee recommending that work on the emerging Selby District Council Local Plan is ceased. This recommendation was taken to North Yorkshire Council's Executive on 4 February and then North Yorkshire Council's Full Council on 26 February and it was resolved that work on this plan will now cease.

6.4.

Having regard to the above, no weight is to be applied to the Selby District Council Local Plan publication version 2024 (Reg 19), but some weight may be able to be given to the evidence base.

Emerging Local Plan

The North Yorkshire Local Plan - no weight can be applied in respect of this document at the current time as it is at an early stage of preparation.

Guidance - Material Considerations

6.5 Relevant guidance for this application is:

- National Planning Policy Framework 2024

- National Planning Practice Guidance

- National Design Guide 2021

- Affordable Housing Supplementary Planning Document, 2013

- Developer Contributions Supplementary Planning Document March 2007

- Brayton Village Design Statement, December 2009

- Strategic Housing Market Assessment, February 2019

- Strategic Housing Land Availability Assessment, September 2022

7.0 CONSULTATION RESPONSES

Consultations were carried out in July 2023 on submission of the application and re-consultations carried out in response to receipt of amended documents.

7.1 Affordable Housing – Comment on percentage offered and advice given on tenure type and property split.

7.2 Brayton Parish Council – Major concerns over the plans including overdevelopment, encroachment onto land near the Barff and traffic issues.

7.3 Contaminated Land Consultant – The submitted Stage 1 Geo-Environmental Desk Study Report identifies potential for made ground and associated contamination in the southwest of the site, and recommends that a site investigation is carried out. The report and proposed investigation works are acceptable and recommends conditions relating to investigation, remediation and verification of land contamination and mitigation and reporting of unexpected contamination.

7.4 NYC Ecology – A Preliminary Ecological Appraisal has been submitted and no further ecological surveys are required. A net gain for biodiversity is requested (this application predates mandatory Biodiversity Net Gain), comments made on recreational impact of development on Brayton Barff.

7.5 Lead Local Flood Authority – Submitted document demonstrates a reasonable approach to management of surface water on site, the LLFA expects to be reconsulted on any reserved matters.

7.6 Selby Area Internal Drainage Board – Comments made and recommend condition relating to SuDS.

7.7 Yorkshire Water – Comments made on surface water drainage and recommend condition on surface and foul water drainage.

7.8 NYC Highways – No objection. Recommend that an emergency access is incorporated into design at Reserved Matters; contributions are sought for Travel Plan monitoring work, provision of a bus service and contribution towards improving cycle links between Brayton and Selby. Conditions requested.

7.9 Active Travel England – No comments to make.

7.10 NYC Education – No contribution required due to existing capacity in local schools.

7.11 NYC Environmental Health – Recommend conditions relating to hours of work, piled foundations and a scheme to minimise noise, vibration and dust on nearby residential properties.

7.12 NYC Landscape – Generally agree with the findings of the Landscape and Visual Impact Assessment and recommendations made for improvements to the proposed masterplan.

7.13 NYC Waste and Recycling – Roads need to accommodate refuse vehicles, advice provided. Developer required to purchase the waste and recycling containers for the development.

7.14 NYC Trees – No response received to consultation request.

7.15 NYC Archaeology – No objection. A Desk-Based assessment and geophysical survey have been carried out. The negative results of the geophysical survey suggests the site has low archaeological potential and further archaeological work not required.

7.16 Conservation Officer- Not considered that the proposal would result in harm to designated heritage assets.

7.17 NYC Minerals and Waste – following assessment of the submitted minerals assessment, they advise that the application is in compliance with the MWJP policies S01 and S02 and have no objections.

7.18 Environment Agency – No response received to consultation request.

7.19 North Yorkshire Police – if the application is approved, recommend a “Designing out Crime” informative be applied.

7.20 North Yorkshire Fire and Rescue – No response received to consultation request.

7.21 NHS Primary Care Trust – The application will give rise to additional primary healthcare provision to mitigate the impact from the population associated with the proposed development. A financial contribution is sought.

7.22 Public Rights of Way – proposed treatment of public footpath acceptable and comments on footpath width and maintenance of any planting to either side

Local Representations

7.23 The application was advertised via press and site notices.

7.24 23 letters of OBJECTION were received, which are summarised below. These can be read in full on Public Access. The grounds of objection are:

· Detrimental impact on public footpath

· If approved need to make sure landscaping put in

· Evergreen Way should not be used as an access

· Detrimental impact on biodiversity, there are bats in area

· Detrimental impact on Brayton Barff

· Impact on traffic – already congestion in area

· Lack of infrastructure in village

· Traffic noise and fumes

· Drainage at capacity

· Impact on residents of construction

· Loss of countryside

· Homes not needed

· Loss of agricultural land, impact on food self-sufficiency

· Lead to increase in crime

· Brownfield land should be developed first

· Loss of privacy

· Landscape impact

8.0 ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

8.1. The development proposed does not fall within Schedule 1 or 2 of the Environmental Impact Assessment Regulations 2017 (as amended). No Environment Statement is therefore required.

9.0 MAIN ISSUES

9.1. The key considerations in the assessment of this application are:

· Principle of development

· Housing Density and Mix

· Character and Appearance

· Residential amenity

· Highways

· Ecology

· Heritage assets

· Flood Risk and Drainage

· Contamination

· Affordable housing

· Open Space

· Loss of agricultural land

· Minerals and Waste

· Climate Change

· Developer Contributions

· Developer contributions

10.0 ASSESSMENT

Principle of Development

10.1. Policy SP1 of the Selby District Core Strategy Local Plan outlines that "when considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework" and sets out how this will be undertaken. Policy SP1 is therefore consistent with the guidance in the NPPF. The Council does not have the required five year housing land supply and therefore Paragraph 11d of the NPPF is engaged and the “tilted balance” applies.

10.2. Policy SP2 of the CS sets out the long-term spatial hierarchy for the distribution of future development within the District, focusing development firstly in the Principal Town of Selby, Local Service Centres, Designated Service Villages and smaller villages.

10.3. Policy SP2A(c) of the Core Strategy says: “Development in the countryside (outside Development Limits) will be limited to the replacement or extension of existing buildings, the re-use of buildings preferably for employment purposes, and well-designed new buildings of an appropriate scale, which would contribute towards and improve the local economy and where it will enhance or maintain the vitality of rural communities, in accordance with Policy SP13; or meet rural affordable housing need (which meets the provisions of Policy SP10), or other special circumstances.”

10.4. Other than a small area to the south of the site, the site lies outside the Development Limits for the settlement as defined in the Selby District Local Plan (2005). This limit runs around the rear of the properties on Moat Way and Evergreen Way, where it is intact. However the Development Limit has been breached significantly to the south-west by existing development and with the approval, on appeal, of 90 dwellings at Barff Lane.

10.5. Brayton is a Designated Service Centre as defined in Policy SP2A of the Selby District Core Strategy Local Plan and is noted as a settlement which has some scope for additional residential and employment growth and a range of services and a range of employment opportunities to complement growth in Selby.

10.6. The proposal does not constitute any of the forms of development set out under SP2A(c). In light of the above policy context the proposals for residential development are contrary to Policy SP2 of the Core Strategy. Substantial weight to the conflict with the development plan (and the related conflict with the intentions of the Framework) should be given in this case. The proposal should therefore be refused unless material considerations indicate otherwise.

Sustainability

10.7. Paragraph 11 of the NPPF (December 2024), sets out the presumption in favour of sustainable development in determining applications and that Local Plans are the key to delivering sustainable development that reflects the vision and aspirations of local communities as such development that does not accord with an up-to-date plan will not normally constitute sustainable development. However, Paragraph 12 of the NPPF (December 2024), makes clear that the presumption in favour of sustainable development does not change the statutory status of the development plan as the starting point for decision making. When a planning application conflicts with an up-to-date plan permission should not normally be granted.

10.8. In terms of sustainability, the application site abuts Brayton which is identified as a Designated Service Village in the Core Strategy. The settlement provides a range of services and is identified as one of the key settlements in the Selby legacy area for growth. The settlement includes a school, butchers and post office/shop. There are bus services into Selby and the wider area including Leeds and Pontefract.

10.9. Paragraph 8 NPPF (December 2024), outlines that there are three overarching objectives which are interdependent and need to be considered in assessing whether a scheme is sustainable development, i.e. the economic objective, social objective, and an environmental objective. Paragraph 9 notes that planning policies and decisions should play an active role in guiding development towards sustainable solutions but in doing so should take account of local circumstances to reflect the character needs and opportunities of each area. With Paragraph 10 stating that “sustainable development should be pursued in a positive way and is at the heart of the framework is the presumption in favour of sustainable development”, under Paragraph 11.

10.10. It is noted that the following benefits would arise from the development.

Economic

10.11. The proposal would generate employment opportunities in both the construction and other sectors linked to the construction market. The proposal will bring additional residents to the area who in turn will contribute to local economies through supporting local facilities. The proposals could enhance provision of local workforce for the employees nearby businesses, although this will depend upon an implant potential employee skill matches and vacancy requirements.

Social

10.12. As well as market housing the proposal will deliver affordable housing to meet a defined need in the area. In addition, the scheme would include provision of on-site recreational open space and will make contributions to provision of ecology and highway improvements. The site is also able to be delivered and contribute to the five year housing land supply requirements with the Applicant confirming that reserved matters will be applied for without delay.

Environmental

10.13. The proposal will take into account environmental issues such as climate change biodiversity and will deliver environmental benefits in the form of open space provision. The proposal would provide housing outside of the boundary of a Designated Service Village. This is one of the more sustainable settlements in the district within close proximity to major employment opportunities, therefore providing opportunities for shorter travel to work distances.

10.14. These considerations weigh in favour of the proposal and it is concluded that the sites location is appropriate for residential development in respect of current policies on housing land supply and the guidance and sustainability policies contained within the NPPF (December 2024).

10.15. As a Designated Service Village Brayton is a sustainable location. The proposal would provide up to 80 dwellings to boost the 5 year housing lands supply and would provide economic, social and environmental benefits.

10.16. It is considered that any potential impacts on highways, residential amenity, landscape and, ecology, drainage and crime prevention can be adequately controlled by condition. Open space provision, off-site highways contributions, ecology, healthcare, waste and recycling can be secured through legal agreement.

10.17. It is considered that any adverse impacts of approving the development would not significantly and demonstrably outweigh the benefits of making a significant contribution towards meeting the planning authority’s 5 year housing land supply and delivering a mix of market and affordable housing.

Housing Supply Requirements

10.18. NPPF paragraph 11 states that decisions should apply a presumption in favour of sustainable development and for decision making this means c) approving development proposals that accord with an up-to-date development plan without delay: or d) where there are no relevant development plan policies, or the policies which are the most important for the determining of the application are out of date, granting permission unless the application of policies in the Framework that protect areas or assets of particular importance provides a strong reason for refusing the development proposed; or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole, having particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes, individually or in combination. The footnotes clarifies that ‘out of date’ means where local planning authorities cannot demonstrate a 5 year housing land supply

10.19. The NPPF is a material consideration. In this context, currently there is a lack of a five-year housing land supply in the Selby legacy area, due to the increase in housing requirements arising from the NPPF (December 2024) and as such applications are required to make decisions in accordance with Paragraph 11 d of the NPPF (December 2024).

Previous levels of growth

10.20. CS Policy SP5 designates levels of growth to each of the 3 main towns which includes Local Service Centres, the group of Designated Service Villages and the group of Secondary Villages based on their infrastructure capacity and sustainability. A number of housing sites have been delivered in Brayton since the beginning of the plan period. However, in the context of the increased housing land requirements arising from the NPPF (December 2024), there is a need to release sites for development and the locating of development adjacent to the Designated Service Village, which is deemed to be a sustainable location, is an opportunity that should be supported by in the context of Paragraph 11D, notwithstanding levels of growth the settlement has already incurred. The growth of the DSVs is preferable to growth of lower ranking settlements and as such all opportunities should be considered in the context of the guidance in the NPPF (December 2024).

Deliverability and mix

10.21. The application is for a mix of market and affordable housing. Housing mix can be controlled by condition and affordable housing at 21.52% has been established via viability appraisal and will be secured through a S106 Agreement.

10.22. In terms of deliverability, the application seeks outline planning consent; scale, landscaping, layout and internal access are reserved matters. The applicant intends to submit reserved matters without delay following a planning consent. It is not considered that there is any reason that the site should not come forward in the short term. Ultimately, the NPPF (December 2024), aims to boost and maintain the supply of housing and this is a material consideration when evaluating planning applications.

Conclusion of the Principle of the Development and Affordable Housing

10.23. The proposal would result in development outside of the established development limit for Brayton. It would therefore conflict with the fundamental aims of Policies SP1 and SP2 of the Core Strategy. However due to the lack of 5 year housing supply, the tilted balance as set out in NPPF 11(d) has been engaged and this outweighs the conflict with the development plan.

Housing density and mix

Density

10.24. Policy H2B of the Selby District Local Plan states “Proposals for residential development will be expected to achieve a minimum net density of 30 dwellings per hectare 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.”

10.25. Core Strategy Policy SP8 requires all proposals for housing to contribute to the creation of mixed communities by ensuring that the types and sizes of dwellings are reflected by demand and household profile. Policy SP19 of the Core Strategy states residential development should “Positively contribute to an area’s identity and heritage in terms of scale, density and layout”. The latest HEDNA should be used as the starting point when determining the mix of housing and is considered to have some weight.

10.26. NPPF paragraph 129 requires that decisions should support development that makes efficient use of land. Where there is an existing or anticipated shortage of land for meeting identified housing need, decisions should avoid homes being built at low densities and that development make optimal use of the potential of each site (para.130).

10.27. The indicative plan shows 80 dwellings on 2.5 hectares which equates to a density of 32 dwellings per hectare, which is greater than the 30 dwellings per hectare required under Saved Policy H2B. This is considered to be acceptable for this site.

Housing Mix

10.28. It is considered that the proposal could achieve an appropriate housing mix at reserved matters stage as identified in the HEDNA in accordance with Policy SP8 and the NPPF. Advice in the 2020 Housing and Economic Development Needs Assessment (HEDNA) seeks to provide at least 6% of homes to Building Regulation M4(3) wheelchair user standard and all homes to meet the Nationally Described Space Standards. There is no adopted policy for this however the HEDNA carries some weight in assessing this application. As scale is a reserved matter conditions relating to housing mix and provision of M4(3) homes are proposed, in order to create balance communities.

Character and appearance

10.29. CS Policy SP18 requires the high quality and local distinctiveness of the natural and

man-made environment will be sustained by: 1. Safeguarding and, where possible,

enhancing the historic and natural environment including the landscape character and

setting of areas of acknowledged importance. The Landscape Character Assessment (November 2019) is considered to have some weight.

10.30. The site lies to the north-west of the village and has built form to east and south, with a hedgerow to the west. The northern boundary is open. The site location however is generally screened in wider views by the existing settlement. The development allowed on appeal on Barff Lane to the west, when built out, will further screen the site. The site lies outside of the Locally Important Landscape Area but there are public views of this, in particular Brayton Barff. The site also lies outside of the Strategic Countryside Gap between Brayton and Selby.

10.31. A proposed masterplan and Landscape and Visual Impact Assessment (LVIA) have been submitted to support the application. The Landscape Officer is in general agreement with the findings of the LVIA and the proposed masterplan. Advice is given on site layout including more space to the Oak tree in the north-western corner and a deeper landscape buffer to boundaries to the western boundary.

10.32. The existing edge to Brayton is abruptly marked by recent housing development, however the settlement is clearly defined and relatively compact in its form. The proposed development would extend built form out to the north however it would be contained to the south and east by existing development and to the west by existing hedgerow. Proposed mitigation to the north and west would reduce the visual impact of the proposal and present a less harsh edge to the settlement.

10.33. Improvements are proposed to the stretch of public footpath to the north of the site. It is considered that this will make the footpath more attractive as a walking route and will allow future occupiers to access the wider footpath network. It is considered that this will reduce pressure on the recreational use of Brayton Barff.

10.34. The proposed masterplan shows that the site can be developed with appropriate landscaping, the details of which will be subject to reserved matters.

Residential amenity

10.35. Policy in respect to impacts on neighbour amenity and securing a good standard of residential amenity are provided by Local Plan Policy ENV1 (1) and (4) and Core Strategy Policy SP19. In addition, paragraph 135(f) of the NPPF encourages the creation of places which are safe, inclusive and accessible, promoting well-being ‘with a high standard of amenity.’

10.36. Dwellings lie to the east and south of the site. Layout is a reserved matter and it is considered that the site is of sufficient size to allow for dwellings to be laid out to provide adequate separation distances between new and existing dwellings to avoid overlooking, a sense of enclosure and loss of privacy. It is also considered that there is sufficient space to ensure adequate separation distances and an acceptable level of residential amenity between proposed units within the site.

10.37. The demolition of 37 Moat Way to enable access changes the amenity of the dwellings either side. The masterplan shows the access laid out centrally with footways and verges to either side. The access road is shown to be 4.6-5.9m from 35 and 39 Moat Way either side. Both dwellings have blank side elevations facing the access. The outlook of those dwellings to the rear will change and single storey buildings are shown to the rear to provide openness.

10.38. It is considered that sufficient residential amenity can be achieved for existing and future residents in accordance with Core Strategy Policy SP19, SDLP Policy ENV 1 and the NPPF.

Highway

10.39. Core Strategy Policies SP15 and SP19 require development proposals to minimise traffic growth by providing a range of sustainable travel options and to be accessible to all users.

10.40. Saved Local Plan Policies ENV1, T1 and T2 require development to be well related to and to take account of existing highway infrastructure and existing traffic capacity, that any new access does not impact on highway safety and can be provided in an acceptable location and to acceptable highway standards. Local Plan Policy T7 encourages the provision of cycle routes and parking and Policy VP1 supports the provision of parking spaces/facilities.

10.41. Paragraphs 109, 111-113 of the NPPF require transport issues to be considered at the earliest stages of development proposal, promotes sustainable transport modes and accessibility.

10.42.The Selby District Highway Assessment (2015) is considered to carry some weight.

10.43. The application seeks approval of a main access to the site from Moat Way, following demolition of no.37. A further access is to be provided to the south, using Evergreen Way. The Highway Authority have assessed the submitted Transport Assessment and Travel Plan and requested a parking survey be undertaken for Moat Way. Following assessment, the Highway Authority does not object to the proposal subject to the design of reserved matters ensuring that the Evergreen Way access is used less than Moat Way. Conditions are also requested including access design and construction, visibility splays, Travel Plan implementation and submission of Construction Management Plan.

10.44. The following contributions are also sought:

· Travel Plan monitoring work – £2,500

· Sunday bus service provision and enhancement of Monday -Saturday service (£60,000 per annum, totalling £300,000)

· Improving cycle links (Brayton to Selby cycleway) as per Local Cycling and Walking Infrastructure Plan (£108,000)

· Primary Healthcare provision resulting from the development (£94,299)

10.45. The applicant has agreed to these contributions.

Public Rights of Way

10.46. Development which would have a significant adverse effect on any route in the district’s public rights of way network needs to meet the criteria set out in SDLP Policy T8. Public Footpath 35.12/10/2 runs along the northern boundary of the site and connects Brayton with Thorpe Willoughby. At present the footpath is a raised track between open fields. The proposed masterplan shows the footpath being retained and edged both sides with trees and planting. Subject to appropriate usable footpath width and maintenance, the footpaths officer has raised no objection.

Ecology

10.47. Relevant policies in respect of nature conservation include Policy ENV1 (5) of the Selby District Local Plan and Policy SP18 of the Core Strategy which accord with paragraph 187 of the NPPF. Paragraph 187(NPPF) recognises the need for the planning system to contribute to and enhance the natural and local environment by recognising the wider benefits of ecosystems and minimising impacts on and providing net gains in relation to biodiversity.

10.48. The application is supported by a Preliminary Ecological Appraisal (PEA). The site is an arable field, and the PEA identifies very few issues in relation to protected/important species. Based on the PEA, no further ecological surveys are necessary. The recommendations contained in section 4 of the report should be incorporated into the detailed design of the scheme and be included in a Construction Environmental Management Plan or Ecological Management Plan at reserved matters stage.

10.49.The application was submitted prior to the introduction of mandatory Biodiversity Net Gain (BNG) for Major sites on 12th February 2024. The application therefore is not required to show the mandatory BNG however a metric has been provided which shows that biodiversity net gain could be delivered on-site, with an uplift of around 10% for both habitat units and hedgerow units. If the outline application is approved, a new metric should be submitted at reserved matters stage when a finalised design is available, and the proposed measures secured then.

10.50. There remains concern about the impact of increasing recreation pressures upon Brayton Barff ancient woodland SINC from this application alongside other housing sites before the Council. This site will have direct access to the public right of way to the north, allowing access east and west, providing opportunities for recreation to be dispersed away from Brayton Barff. It is considered that the application would not present a conflict with paragraph 193c of the NPPF related to irreplaceable habitats.

Heritage Assets

Archaeology

10.51. Policy ENV28 requires that where development proposals affect sites of known or

possible archaeological interest an archaeological assessment/evaluation will be required to be submitted; where development affecting archaeological remains is acceptable in principle, the Council will require that archaeological remains are preserved in situ through careful design and layout of new development; where preservation in situ is not justified, the Council will require that arrangements are made by the developer to ensure that adequate time and resources are available to allow archaeological investigation and recording by a competent archaeological organisation prior to or during development.

10.52 NPPF paragraph 207 requires that where a site on which development is proposed

includes, or has the potential to include, heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment and, where necessary, a field evaluation.

10.53 Also relevant are policies ENV1 and ENV 24 of Selby Local Plan (2005) and policies SP18 and SP19 of Core Strategy. These reflect national policy contained in the NPPF which relates to development affecting the significance of heritage assets and is included in paragraphs 207- 210 and 212-216.

10.54 Following submission of a geophysical survey the Principal Archaeologist has advised that the potential for archaeology on the site is low and has raised no objection to the proposal.

Built Heritage

10.55 When considering proposals for development which affect a Listed Building or its setting, regard is to be made to Section 66(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 interest which it possesses.

10.56 The site does not lie within a conservation area. The site lies approximately 1km from the Grade I listed St Wilfrid’s Church and Grade II listed The Vicarage, which do lie

within the village conservation area. There is intervening built development between

the site and these designated heritage assets and as such it is not considered that the proposed development would result in harm to those assets. There is no conflict with Policy SP18 or the NPPF nor national policy contained in the NPPF. As such, the proposal is accordance with the duties placed upon the Authority by the Planning

(Listed Buildings and Conservation Areas) Act 1990, sections 66 and 72 as they relate to planning applications affecting listed buildings and conservation areas respectively.

Flood risk and drainage

10.57 Core Strategy Policy SP15 requires proposals to take account of flood risk, drainage and climate change. Criterion d) of Policy SP15 applies in respect of ensuring development is located avoiding flood risk areas. The site lies in Flood Zone 1. A Flood Risk Assessment (FRA) has been submitted and assessed. In summary, the report states the following:

· Foul water will discharge to public foul water sewer

· Sub-soil conditions likely support the use of soakaways, however infiltration testing has yet to be carried out - should they prove favourable then surface water will discharge in this manner

· A watercourse is remote from the site

· Should infiltration be ruled out surface water will discharge to public surface water

The Lead Local Flood Authority has raised no objection to the proposed mitigation set out in the FRA subject to re-consultation on reserved matters with respect of infiltration tests and the drainage hierarchy route. Yorkshire have not raised any objection and recommend conditions relating to drainage details.

Contamination

10.58 SDLP Policy ENV2 and CS Policy SP19 require development which would give rise to or would be affected by unacceptable levels of (amongst other things) contamination or other environmental pollution will not be permitted unless satisfactory remedial or preventative measures are incorporated within new development. Paragraph 189 (a) of the NPPF states that development sites should be suitable for the proposed use taking account of ground conditions and risks arising from unstable land and contamination.

10.59 A Phase 1 Geoenvironmental Risk Assessment has been submitted and shows that the site is predominantly occupied by an agricultural field with a former railway and construction compound in the south-west of the site. There is potential for made ground and associated contamination in the southwest of the site and a site investigation is recommended across the site.

10.60 The Council’s Contaminated Land Consultant advises that the report and proposed site investigation is acceptable and recommends that conditions are applied to any consent relating to site investigation, remediation, verification of remediation works and reporting of unexpected contamination.

Affordable Housing

10.61 The mechanism for the delivery of affordable housing for the Selby legacy area has been through Core Strategy Policy SP9 which seeks to deliver up to 40% of on-site affordable housing on all market housing sites at or above the threshold of 10 dwellings, subject to viability. No weight can be afforded to the emerging Selby Local Plan as it has been halted. The Aspinall Verdi CIL Viability Addendum Report (August 2022), although the most recent evidence in this respect, relates to the emerging plan and is based on parameters and assumptions that have now changed. As a result, affordable housing calculations revert back to Core Strategy SP9.

10.62 The tenure split and the type of housing being sought will be based on the Council’s latest evidence on local need and an appropriate agreement will be secured at the time of granting planning permission to secure the long-term future of affordable housing. The actual amount of affordable housing, or commuted sum payment to be provided is a matter for negotiation at the time of a planning application, having regard to any abnormal costs, economic viability and other requirements associated with the development. This policy is supported by the Affordable Housing Supplementary Planning Document (2014). The HEDNA is considered to carry some weight.

10.63 A viability assessment was submitted for assessment. Affordable Housing at 21.52% has been agreed with the applicant and can be secured through the Section 106 agreement. It is considered that the proposal meets the requirements of Policy SP9.

Open Space

10.64 Local Plan Policy RT2, Core Strategy Policies SP12 and SP19, in addition to the Developer Contributions Supplementary Planning Document relate to the provision of recreational open space. There is a requirement to provide 60sqm per dwelling The proposed masterplan indicated an area of open space to the centre of the site. It is considered that there is sufficient space within the site to provide on-site open space and this will be subject to reserved matters.

10.65 Management and maintenance of open space will be secured through the Section 106 Agreement.

Loss of Agricultural Land

10.66 Policy SP18 seeks that the high quality and local distinctiveness of natural and manmade environments will be sustained by, amongst other things, steering development to areas of least environmental and agricultural quality. The NPPF advises that decisions should contribute to and enhance the natural environment by recognising the economic and other benefits of the Best and Most Versatile Land (BMVL) (land in Grades 1, 2 and 3a). It is noted that objections have been received to the application on the basis of loss of BMVL.

10.67 Natural England must be consulted on development proposals that are both:

· likely to cause the loss (or likely cumulative loss) of 20ha or more of BMV land

· not in accordance with an approved development plan

The site is 2.5ha in size. As the site is not in accordance with an approved development plan, as the site is less than 20ha in size, there is no requirement to consult Natural England on the proposal

10.68 Best and most versatile agricultural land is defined as land in grades 1, 2 and 3a of the Agricultural Land Classification. The Yorkshire and Humber Agricultural Land Classification indicates the site as Grade 2 which is very good. A soil resources and agricultural quality assessment has not been submitted with the application, however the site is 2.5ha and is below the 20-ha threshold whereby Natural England (as statutory consultee) should be consulted on the loss of best and most versatile agricultural land

10.69 The permanent loss of best and most versatile agricultural land would be a form of harm arising from the proposal. Such loss would result in minor harm to the agricultural economy in the area as well as food self-sufficiency and is not considered to outweigh the benefits of increasing the housing supply.

Minerals and Waste

10.70 The application site is located within a Minerals and Waste Safeguarding Area for sand and gravel and the proposal does not fall within the exemption criteria stated in paragraph 8.55 of the Minerals and Waste Joint Plan (2022). The relevant policy is Policy S02 (Developments proposed within Safeguarded Surface Mineral Resource Areas).

10.71 A Minerals Assessment has been submitted and reviewed by the NYC Minerals Officer who raises no comment. Given the sites location immediately adjacent to dwellings, it would not be considered practical or suitable to extract sand and gravel in this location without unacceptable impact on local communities. There is no conflict with the Minerals and Waste Local Plan.

Climate Change

10.72 Core Strategy Policy SP15 (b) ‘Sustainable Development and Climate Change’ states that in order to ensure development contributes towards reducing carbon emissions and are resilient to the effects of climate change, schemes should where necessary, improve energy efficiency, minimise energy consumption, use sustainable construction techniques, water efficient design and sustainable drainage systems. Policy SP16 requires the proposal to provide a minimum of 10% of total predicted energy requirements from renewable, low carbon or decentralised energy sources.

10.73 The applicant has provided a sustainability statement confirming that construction waste will be recycled and eco-sanitary ware and flow restriction devices will be installed in each property. It is also confirmed that each dwelling will be constructed to Part L of the Building Regulations. A condition is recommended requiring demonstration prior to commencement that the scheme can provide a minimum of 10% of total predicted energy requirements from renewable, low carbon or decentralised energy sources. Subject to that condition the proposal is considered to meet the policy requirements.

Developer Contributions

10.74 There is no contribution requested for education.

10.75 A contribution of £94,299 is requested for the provision of additional primary healthcare needs arising from the development. The applicant has agreed to this contribution.

10.76 For developments of 4 or more dwellings developers must provide waste and recycling provision at their own cost. This has been agreed with the applicant and will be secured through the Section 106 agreement. The reserved matters application would need to accommodate waste and recycling access, collection and storage facilities.

10.77 The following Heads of Terms have been agreed with the applicant for this application:

Category/Type	Contribution	Amount & Trigger
Highways	Travel Plan Monitoring Bus service no.476 improvements Brayton- Selby cycleway improvements	£2,500 £300,000 (£60,000 prior to occupation of 30%; first and second anniversaries of first payment) £108,000 (£54,000 prior to occupation of 30%; balance prior to occupation of the 55% of dwellings)
Affordable housing	21.52%	Affordable Housing Scheme to be submitted prior to commencement
Healthcare	£94,299	Prior to commencement
Public Open Space		As per Selby District Developer Contributions SPD
Biodiversity	Ecology led landscaping to provide 10% BNG; Biodiversity Enhancement and Monitoring Plan management plan	Management period of 30 years
Waste & recycling contribution	To the Council for the provision or improvement of waste facilities within the vicinity of the development	£65 per dwelling prior to occupation of any dwelling in accordance with the Selby District Developer Contributions SPD

10.52 It is considered that the above S106 Heads of Terms are necessary, directly related to the development and fairly and reasonably related in scale and kind to the development and as such complies with the Community Infrastructure Levy (CIL) Regulations 2010.

Section 149 of The Equality Act 2010

10.53 Under Section 149 of The Equality Act 2010 Local Planning Authorities must have due regard to the following when making decisions: (i) eliminating discrimination, harassment and victimisation; (ii) advancing equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and (iii) fostering good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics are: age (normally young or older people), disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation.

10.54 The proposed development would not result in a negative effect on any persons of or persons with The Equality Act 2010 protected characteristics.

11.0 PLANNING BALANCE AND CONCLUSION

11.1 In the absence of a 5 year housing land supply the Council must consider the advice contained within the NPPF which creates a presumption in favour of granting planning permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against policies within the National Planning Policy Framework as a whole.

11.2 The NPPF is a material consideration. In this context, currently there is a lack of a five-year housing land supply in the Selby legacy area, due to the increase in housing requirements arising from the NPPF (December 2024) and as such applications are required to make decisions in accordance with Paragraph 11 d of the NPPF (December 2024).

11.3 Paragraph 11d states that

d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless:

i. the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for refusing the development proposed; or

ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole, having particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes, individually or in combination”

11.4 Footnote 7 notes that the “assets of particular importance” are : habitats sites (and those sites listed in paragraph 189) and/or designated as Sites of Special Scientific Interest; land designated as Green Belt, Local Green Space, a National Landscape, a National Park (or within the Broads Authority) or defined as Heritage Coast; irreplaceable habitats; designated heritage assets (and other heritage assets of archaeological interest referred to in footnote 75); and areas at risk of flooding or coastal change”.

11.5 In light of the above, the site does not have any “assets of particular importance”, and it is considered that the scheme accords with the NPPF when taken as a whole. The development in a sustainable location on the edge of a Designated Service Village and it is making effective use of the land providing residential development including affordable housing provision. In this context it is considered under Paragraph 11d of the NPPF that the principle of development on the site should be supported and that any adverse impacts of approving the development would not significantly and demonstrably outweigh the benefits of making a significant contribution towards meeting the planning authority’s 5-year housing land supply.

12.0 RECOMMENDATION

12.1 That planning permission be GRANTED subject to the conditions set out below and the completion of a Section 106 Agreement.

Conditions

01 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 five years from the date of the grant of outline planning permission; or

(ii) 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.

02 No development shall take place without the prior written approval of the Local Planning Authority of all details of the following reserved matters:

(a) appearance;

(b) landscaping;

(d) Internal access; and

(e) scale.

Thereafter development shall be carried out in strict accordance with the approved details.

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

03 Unless otherwise amended under the conditions below, the development shall be in accordance with the following plans and shall reflect the form of development shown on the Proposed Masterplan 102 Rev D4:

Site Location Plan – 001 Rev C

Proposed Masterplan – 102 Rev D4

Landscape Masterplan – P23-0247 EN 03 Rev C

Reason: For the avoidance of doubt.

04 Any application for the reserved matter of layout shall provide for up to 80 dwellings and accord with the requirements of Core Strategy Policy SP8 and with reference to the latest HEDNA.

Reason: To ensure that the development contributes to the creation of mixed communities in compliance with Core Strategy Policy SP8.

Highways

05 No development (excluding demolition, archaeological investigation, service diversions, fencing, tree protection and any land remediation/ground improvement works) must take place on any phase of the road construction works, until full detailed engineering drawings of all aspects of roads and sewers for that phase, including any structures which affect or form part of the highway network, and a programme for delivery of such works have been submitted to and approved in writing by the Local Planning Authority.

The development must only be carried out in compliance with the approved engineering drawings.

Reason: To secure an appropriate highway constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of all highway users.

INFORMATIVE to condition

It is recommended that in order to avoid abortive work, discussions are held between the applicant, the Local Planning Authority and the Local Highway Authority before a draft layout is produced and any detailed planning submission is made. To assist, the Local Highway Authority can provide a full list of information required to discharge this condition. It should be noted that approval to discharge the condition does not automatically confer approval for the purposes of entering any Agreement with the Local Highway Authority. The agreed drawings must be approved in writing by the Local Planning Authority for the purpose of discharging this condition.

06 No part of the development to which this permission relates must be brought into use until the carriageway and any footway or footpath from which it gains access is constructed to binder course macadam level or block paved (as approved) and kerbed and connected to the existing highway network with any street lighting installed and in operation.

The completion of all road works, including any phasing, must be in accordance with a programme submitted to and approved in writing with the Local Planning Authority before any part of the development is brought into use.

Reason - To ensure safe and appropriate access and egress to the premises, in the interests of highway safety and the convenience of all prospective highway users in accordance with Policies ENV1, T1 and T2 of the Selby District Local Plan and Core Strategy Policy SP15 and SP19.

07 The development must not be brought into use until the access to the site at Moat Way has been set out and constructed in accordance with the ‘Specification for Housing and Industrial Estate Roads and Private Street Works” published by the Local Highway Authority and the following requirements:

The access must be formed with 6 metres radius kerbs, to give a minimum carriageway width of 5.5 metres, and that part of the access road extending 20 metres into the site must be constructed in accordance with Standard Detail number A1 and the following requirements.

• Any gates or barriers must be erected a minimum distance of 6 metres back from the carriageway of the existing highway and must not be able to swing over the existing or proposed highway.

• Provision should be made to prevent surface water from the site/plot discharging onto the existing or proposed highway in accordance with the specification of the Local Highway Authority.

• The final surfacing of any private access within 6 metres of the public highway must not contain any loose material that is capable of being drawn on to the existing or proposed public highway.

• Measures to enable vehicles to enter and leave the site in a forward gear.

All works must accord with the approved details.

Reason - To ensure a satisfactory means of access to the site from the public highway in the interests of highway safety and the convenience of all highway users in accordance with Policies ENV1, T1 and T2 of the Selby District Local Plan and Core Strategy Policy SP15 and SP19.

08 The development must not be brought into use until the access to the site at Evergreen Way has been set out and constructed in accordance with the ‘Specification for Housing and Industrial Estate Roads and Private Street Works” published by the Local Highway Authority and the following requirements:

The access must be formed with 6 metres radius kerbs, to give a minimum carriageway width of 5.02 metres, and that part of the access road extending 20 metres into the site must be constructed in accordance with Standard Detail number A1 and the following requirements.

• Any gates or barriers must be erected a minimum distance of 6 metres back from the carriageway of the existing highway and must not be able to swing over the existing or proposed highway.

• Provision should be made to prevent surface water from the site/plot discharging onto the existing or proposed highway in accordance with the specification of the Local Highway Authority.

• The final surfacing of any private access within 6 metres of the public highway must not contain any loose material that is capable of being drawn on to the existing or proposed public highway.

• Measures to enable vehicles to enter and leave the site in a forward gear.

All works must accord with the approved details.

INFORMATIVE to condition

Notwithstanding any valid planning permission for works to amend the existing highway, you are advised that a separate licence will be required from North Yorkshire County Council as the Local Highway Authority in order to allow any works in the existing public highway to be carried out. The ‘Specification for Housing and Industrial Estate Roads and Private Street Works’ published by North Yorkshire County Council as the Local Highway Authority, is available to download from the County Council’s web site: Road adoption | North Yorkshire Council. The Local Highway Authority will also be pleased to provide the detailed constructional specifications referred to in this condition.

09 There must be no access or egress by any vehicles between the highway and the application site at Moat Way until splays are provided giving clear visibility of 43 metres measured along both channel lines of the major road from a point measured 2.4 metres down the centre line of the access road. In measuring the splays, the eye height must be 1.05 metres and the object height must be 0.6 metres. Once created, these visibility splays must be maintained clear of any obstruction and retained for their intended purpose at all times.

Reason: In the interests of highway safety and in accordance with Policies ENV1, T1 and T2 of the Selby District Local Plan and Core Strategy Policy SP15 and SP19.

10 There must be no access or egress by any vehicles between the highway and the application site at Moat Way until visibility splays providing clear visibility of 2.0 metres x 2.0 metres measured down each side of the access and the back edge of the footway of the major road have been provided. In measuring the splays the eye height must be 1.05 metres and the object height must be 0.6 metres. Once created, these visibility splays must be maintained clear of any obstruction and retained for their intended purpose at all times.

Reason: In the interests of highway safety and in accordance with Policies ENV1, T1 and T2 of the Selby District Local Plan and Core Strategy Policy SP15 and SP19.

11 No development (excluding demolition, archaeological investigation, service diversions, fencing, tree protection and any land remediation/ground improvement works) shall take place until full details of the following have been submitted to and approved in writing by the Local Planning Authority:

• vehicular, cycle, and pedestrian accesses;

• vehicular and cycle parking;

• vehicular turning arrangements including measures to enable vehicles to enter and leave the site in a forward gear, and;

• loading and unloading arrangements.

No part of the development must be brought into use until the vehicle access, parking, manoeuvring and turning areas at land of Moat way have been constructed in accordance with the details approved in writing by the Local Planning Authority. Once created these areas must be maintained clear of any obstruction and retained for their intended purpose at all times.

Reason: To ensure appropriate on-site facilities in the interests of highway safety and the general amenity of the development.

INFORMATIVE to condition

The proposals should cater for all types of vehicles that will use the site. The parking standards are set out in North Yorkshire Council’s ‘Interim guidance on transport issues, including parking standards’ and subsequent amendments available at https://www.northyorks.gov.uk/sites/default/files/2023-05/Interim%20guidance%20on%20transport%20issues%20including%20parking%20standards%20-%20accessible.pdf

12 The development must be carried out and operated in accordance with the approved Travel Plan. Those parts of the Approved Travel Plan that are identified therein as being capable of implementation after occupation must be implemented in accordance with the timetable contained therein and must continue to be implemented as long as any part of the development is occupied.

Reason: To establish measures to encourage more sustainable non-car modes of transport in accordance with Core Strategy Policy SP15.

INFORMATIVE to condition

Details of issues to be covered in a Travel Plan can be found in Interim Guidance on Transport Issues, including Parking Standards at: https://www.northyorks.gov.uk/sites/default/files/fileroot/Transport%20and%20streets/Roads%2C%20highways%20and%20pavements/Interim_guidance_on_transport_issues__including_parking_standards.pdf

13 No development for any phase of the development must commence until a Construction Environment Management Plan for that phase has been submitted to and approved in writing by the Local Planning Authority. Construction of the permitted development must be undertaken in accordance with the approved Construction Management Plan.

The Plan must include, but not be limited, to arrangements for the following in respect of each phase of the works:

1. details of any temporary construction access to the site including measures for removal following completion of construction works;

2. restriction on the use of accesses for construction purposes;

3. wheel and chassis underside washing facilities on site to ensure that mud and debris is not spread onto the adjacent public highway;

4. the parking of contractors’ site operatives and visitor’s vehicles;

5. areas for storage of plant and materials used in constructing the development clear of the highway;

6. measures to manage the delivery of materials and plant to the site including routing and timing of deliveries and loading and unloading areas;

7. details of the routes to be used by HGV construction traffic and highway condition surveys on these routes;

8. protection of carriageway and footway users at all times during demolition and construction;

9. protection of contractors working adjacent to the highway;

10. details of development and delivery hours;

11. erection and maintenance of hoardings including decorative displays, security fencing and scaffolding on/over the footway & carriageway and facilities for public viewing where appropriate;

12. means of minimising dust emissions arising from construction activities on the site, including details of all dust suppression measures and the methods to monitor emissions of dust arising from the development;

13. measures to control and monitor construction noise;

14. an undertaking that there must be no burning of materials on site at any time during construction;

15. removal of materials from site including a scheme for recycling/disposing of waste resulting from demolition and construction works;

16. details of the measures to be taken for the protection of trees;

17. location and type of temporary lighting and methods to prevent light nuisance;

18. details of ditches to be piped during the construction phases;

19. a detailed method statement and programme for the building works; and

20. contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.

21. details of the means of protecting trees and hedgerows during construction of the development, to be installed prior to the commencement of other elements of the development and to be retained until the development adjacent to the tree or hedgerow is completed.

Reason: In the interest of public safety and amenity during construction and to comply with the National Planning Policy Framework (NPPF), and Selby District Council’s Policy’s SP19 and ENV2 of the Selby District Local Plan.

Drainage

14 There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:

i) evidence that other means of surface water drainage have been properly considered and why they have been discounted; and

ii) the means of discharging to the public sewer network at a rate to be agreed by the Local Planning Authority in consultation with the statutory sewerage undertaker.

Reason: To ensure that no surface water discharges take place until proper provision has been made for its disposal and to accord with Core Strategy Policy SP15.

15 No development shall take place until details of the proposed means of disposal of foul water drainage for the whole site, including details of any balancing works, off-site works and phasing of the necessary infrastructure, have been submitted to and approved by the Local Planning Authority. Furthermore, unless otherwise approved in writing by the Local Planning Authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

Reason: To ensure that no foul water discharges take place until proper provision has been made for their disposal and to accord with Core Strategy Policy SP15.

16 Should on-site SuDS or flow restriction be proposed as part of any larger development the IDB requests that those restricted flow measures or attenuation are put in place before occupancy.

Reason: To ensure that flood risk downstream of sites during temporary works / development is not increased and to accord with Core Strategy Policy SP15.

Contamination

17 Prior to development (excluding demolition), a site investigation and risk assessment must be undertaken to assess the nature, scale and extent of any land contamination and the potential risks to human health, groundwater, surface water and other receptors. A written report of the findings must be produced and is subject to approval in writing by the Local Planning Authority. It is strongly recommended that the report is prepared by a suitably qualified and competent person.

Reason: To ensure that the site is suitable for its proposed use taking account of ground conditions and any risks arising from land contamination and to accord with Core Strategy Policy SP18.

18 Where remediation works are shown to be necessary, development (excluding demolition) shall not commence until a detailed remediation strategy has been be submitted to and approved by the Local Planning Authority. The remediation strategy must demonstrate how the site will be made suitable for its intended use and must include proposals for the verification of the remediation works. It is strongly recommended that the report is prepared by a suitably qualified and competent person.

Reason: To ensure that the proposed remediation works are appropriate and will remove unacceptable risks to identified receptors and to accord with Core Strategy Policy SP18.

19 Prior to first occupation or use, remediation works should be carried out in accordance with the approved remediation strategy. On completion of those works, a verification report (which demonstrates the effectiveness of the remediation carried out) must be submitted to and approved by the Local Planning Authority. It is strongly recommended that the report is prepared by a suitably qualified and competent person.

Reason: To ensure that the agreed remediation works are fully implemented and to demonstrate that the site is suitable for its proposed use with respect to land contamination. After remediation, as a minimum, land should not be capable of being determined as contaminated land under Part 2A of the Environmental Protection Act 1990.

20 In the event that unexpected land contamination is found at any time when carrying out the approved development, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and, if remediation is necessary, a remediation strategy must be prepared, which is subject to approval in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation strategy, a verification report must be submitted to and approved by the Local Planning Authority. It is strongly recommended that all reports are prepared by a suitably qualified and competent person.

Reason: To ensure that the site is suitable for its proposed use taking account of ground conditions and any risks arising from land contamination and to accord with Core Strategy Policy SP18.

Noise and Construction Mitigation

21 Prior to the site preparation and construction work commencing, a scheme to minimise the impact of noise, vibration, dust and dirt on residential property in close proximity to the site shall be submitted to and agreed in writing with the Local Planning Authority.

Reason: To protect residential amenity of prospective residents and to comply with the NPPF (December 2024), the Noise Policy Statement for England (NPSE) and Selby District Council’s Policy’s SP19 and ENV2 of the Selby District Local Plan.

22 No work relating to the development hereby approved, including works of demolition or preparation prior to building operations, shall take place other than between the hours of 08:00 hours and 18:00 hours Mondays to Fridays and 08:00 hours to 13:00hours on Saturdays and at no time on Sundays or Bank or National Holidays.

23 Should any of the proposed foundations be piled, no development shall commence until a schedule of works to identify those plots affected and setting out mitigation measures to protect residents from noise, dust and vibration has been submitted to and approved in writing by the local planning authority. The proposals shall thereafter be carried out in accordance with the approved schedule.

Reason: To protect the residential amenity of the locality during construction and to comply with the National Planning Policy Framework (NPPF), the Noise Policy Statement for England (NPSE) and Selby District Council’s Policy’s SP19 and ENV2.

Public Rights of Way

24 Improvements to Public Right of Way 35.12/10/2 to the north of the site shall ensure that the footpath has a usable width of 3.0m with an extra 0.5m either side shall be provided between the footpath edge and new hedge/tree planting.

Reasons: To ensure satisfactory improvement to this section of the network and in the interests of visual amenity in accordance with SDLP Policy T8.

Housing Mix

25 The reserved matters application(s) shall provide details of the housing mix which is to be agreed in writing by the local planning authority. The details shall demonstrate that, as a minimum, the dwellings meet the Nationally Described Space Standards (2015) or any successor standards or policy; and how 6% of the dwellings will be built to Building Regulations M4(3) 'wheelchair user' standard. Where North Yorkshire Council has nomination rights M4(3) must be wheelchair accessible dwellings (constructed for immediate occupation), and in the market sector they must be wheelchair user adaptable dwellings (constructed to be adjustable for occupation by a wheelchair user). Development shall proceed in accordance with the approved details.

Reason: In the interests of creating mixed communities and to comply with Core Strategy Policy SP8.

Ecology

26 The reserved matters application(s) shall include an up-to-date Biodiversity Impact Assessment which shall demonstrate a Biodiversity Net Gain of 10% and a methodology to ensure the submission of regular monitoring reports with remedial actions to achieve the objectives for 30 years from the date of completion of the habitat creation or enhancement. Biodiversity Net Gain shall be carried out in accordance with the approved details. The developer shall notify the local planning authority in writing within 14 days of the completion of the habitat creation and or enhancements that constitute the approved Biodiversity Net Gain scheme.

Reason: In the interests on nature conservation and to comply with Policy ENV1 of the Selby District Local Plan, Policy SP18 of the Core Strategy.

27 The reserved matters application shall include a scheme of ecological enhancements, and means of implementation, for birds and hedgehogs based on the recommendations outlined in the submitted Preliminary Ecological Appraisal (Mat 2023); lighting to be directed away from surrounding habitats; and protection of trees and hedgerows. The development shall be implemented in accordance with the approved details.

Reason: In the interests on nature conservation and to comply with Policy ENV1 of the Selby District Local Plan, Policy SP18 of the Core Strategy.

28 No dwelling shall be occupied until a scheme of detail to reduce the carbon emissions of the predicted energy use of the proposed development by at least 10% shall be submitted to and approved in writing by the Local Planning Authority. This shall include details and a timetable of how this is to be achieved and details of any physical works on site. The approved details shall be implemented in accordance with the approved details and timetable and retained as operational thereafter.

Reason: In the interest of sustainability, to minimise the development's impact and to accord with Policies SP15 and SP18 of the Core Strategy.

INFORMATIVES

01 The Local Planning Authority worked positively and proactively with the applicant to identify various solutions during the application process to ensure that the proposal comprised sustainable development and would improve the economic, social and environmental conditions of the area and would accord with the development plan. These were incorporated into the scheme and/or have been secured by planning condition. The Local Planning Authority has therefore implemented the requirement in Paragraph 293 of the NPPF (December 2024).

02 Applicants are reminded that in addition to securing planning permission other permissions may be required from North Yorkshire Council as Local Highway Authority. These additional permissions can include but are not limited to: Agreements under Sections 278, 38, and 184 of the Highways Act 1980; Section 38 of the Commons Act 2006, permissions through New Roads and Streetworks Act 1991 and Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (as amended and including all instruments, orders, plans, regulations and directions). Further information on these matters can be obtained from the Local Highway Authority. Other permissions may also be required from third parties. It is the applicant’s responsibility to ensure all necessary permissions are in place.

03 The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Mining Remediation Authority on 0345 762 6846 or if a hazard is encountered on site call the emergency line 0800 288 4242. Further information is also available on the Mining Remediation Authority website at: https://www.gov.uk/government/organisations/mining-remediation-authority

Standing Advice valid from 1st January 2025 until 31st December 2026

04 There is a Public Right of Way or a 'claimed' Public Right of Way within or adjoining the application site boundary. If the proposed development will physically affect the Public Right of Way permanently in any way an application to the Local Planning Authority for a Public Path Order/Diversion Order will need to be made under S.257 of the Town and Country Planning Act 1990 as soon as possible. Please contact the Local Planning Authority for a Public Path Order application form.

05 If the proposed development will physically affect a Public Right of Way temporarily during the period of development works only, an application to the Highway Authority (North Yorkshire Council) for a Temporary Closure Order is required. Please contact the Council or visit their website for an application form.

06 The existing Public Right(s) of Way on the site must be protected and kept clear of any obstruction until such time as an alternative route has been provided by either a temporary or permanent Order.

07 It is an offence to obstruct a Public Right of Way and enforcement action can be taken by the Highway Authority to remove any obstruction.

08 North Yorkshire Police have provided advice on security measures for the scheme. A copy of their comments are available for viewing online.

09 Please note that there is a legal agreement under Section 106 of the Town and Country Planning Act 1990 associated with this approval.

Target Determination Date: 21.03.2025

Case Officer: Linda Drake

Appendix A – Proposed Site Layout Plan