North Yorkshire Council
Community Development Services
Selby and Ainsty Area Planning Committee
12th March 2025
ZG2024/1260/FUL - Erection of 1 No 4 bed detached dwelling (self-build) on land to the east of Strome House.
Report of the Assistant Director - Planning – Community Development Services
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1.0 Purpose of the Report 1.1 To determine a planning application for erection of a four-bedroom dwelling on land to the east of Strome House, Hemingbrough. 1.2 The application has been brought to Planning Committee, as it has been referred to committee the Division Member Councillor Arthur, due to having had the proposal refused several times in the past, owing to the negative impact on the residential amenity of neighbouring properties. The Division Member states “the applicant has now amended the plans, so that the negative impacts on the residential amenity of the neighbouring properties is minimalised or eliminated.” |
2.0 SUMMARY
RECOMMENDATION: That planning permission be REFUSED.
2.1. The application is seeking permission for the erection of a four-bedroom dwelling on land to the east of Strome House, Hemingbrough.
2.2. The application site lies within the development limits of the settlement of Hemingbrough, which is identified as a Designated Service Village in the Selby District Core Strategy and is located within Flood Zone 1. The site is located within the setting of Hemingbrough Conservation Area, which lies approximately 35 metres to the west of the site, and within the setting of a Grade II listed building, The Old School House, which is approximately 20 metres to the north of the site.
2.3. Applications for the erection of a single dwelling at the site were refused under 2 previous applications i.e. ref. 2021/1065/FUL and 2022/1142/FUL. The 2021 application was a delegated decision, and the 2022 application was heard before Planning Committee on 8th February 2023. Neither of the refusals were appealed.
2.4. Changes have been made to the design and massing of the dwelling, however it is considered that the proposed development would have a detrimental impact on the character of the local area and would have an unacceptable impact on the occupiers of the neighbouring dwellings due to its scale, massing and siting, particularly the separation distances involved, which will result in a loss of outlook, dominance and overshadowing.
2.5. The proposal is considered to be acceptable in respect of its impact on heritage assets, highways safety, flood risk and drainage, ecology, contaminated land and minerals and waste.
3.0 Preliminary Matters
3.1. Access to the case file on Public Access can be found here:-
3.2. There are 8 relevant planning applications for this application which are detailed below.
2022/1142/FUL (REF – 09/02/2023) Erection of 1 No 4 bed detached dwelling on land to the west of Strome House.
2021/1065/FUL (REF – 23/11/2021) Erection of 1 No 4-bed detached dwelling on land to the west of Strome House.
2007/0223/OUT (REF – 06/06/2007) Outline application for the erection of a three-bedroom detached dwelling including layout, access and scale.
CO/2004/0078 (PER – 12/03/2004) Renewal of outline permission for the erection of a three-bedroom detached dwelling on 0.05 ha of land to the rear of Lambert Lodge.
CO/2002/0514 (PER – 23/07/2002) Outline application for the erection of a detached house with garage on 0.04 ha of land.
CO/2001/0110 (PER – 07/03/2001) Application for the renewal of outline permission for the erection of a three bedroomed detached dwelling on 0.05 ha of land to the rear.
CO/1998/0062 (PER – 30/03/1998) Renewal of outline permission for the erection of a three bedroomed detached dwelling on 0.05 ha of land to the rear.
CO/1995/0174 (PER – 24/04/1995) Outline application for the erection of a three bedroomed detached dwelling on land to the rear.
4.0 Site and Surroundings
4.1. The application site is located on Garthends Lane, Hemingbrough and consists of a narrow-grassed area, which also serves as the access to the applicant’s dwelling i.e. Strome House, which lies to the north-west of the site. To the north is ‘The Poplars’ and to the south is ‘Tioram’, both of which are larger detached two storey dwellings. The site currently is fenced to the north, has a privet hedge on the highway boundary and has a walled and gated access.
4.2. The application site is located within the development limits of the settlement of Hemingbrough, which is identified as a Designated Service Village in the Selby District Core Strategy.
4.3. The application site is located within the setting of Hemingbrough Conservation Area, which lies approximately 35 metres to the west of the site, and within the setting of a Grade II listed building, The Old School House, which is approximately 20 metres to the north of the site.
4.4. The application site is also located within the sand gravel safeguard area and brick clay safeguard area, as identified in the Minerals and Waste Joint Plan.
4.5. The application site is located within Flood Zone 1, which has a low probability of flooding.
4.6. It is noted that outline permission was granted in 1995 under application no. CO/1995/0174, for the erection of a detached dwelling on the parcel of land. The permission was subsequently renewed in 1998, 2001, 2002 and 2004. Outline permission was refused in 2007 under application 2007/0223/OUT and refused in 2021 under application 2021/1065/FUL and most recently in 2023 under application 2022/1142/FUL. It is noted that neither refusal was appealed by the applicant.
4.7. The reasons for refusal of application 2022/1142/FUL are as follows:
01. The site consists of a narrow gap, set between two detached two storey dwellings within the Garthends streetscene. The proposed infill development would lead to the loss of the areas open character and result in a cramped appearance with the dwelling appearing shoehorned into the site. The development would be an incongruous addition to the streetscene and negatively impact on the character and appearance of the area. As such, the proposed development fails to accord with Policies ENV1(1), and (4) of the Selby District Local Plan, and Policies SP18 and SP19 of the Core Strategy and paragraphs 126 to 136 of the NPPF.
02. The proposed development would have an unacceptable impact on the occupiers of The Poplars due to the scale and positioning of the proposed dwelling. The proposal would result in significant overshadowing, loss of outlook, oppression and dominance of the shared boundary. The proposal is therefore contrary to Policy ENV1 (1) of the Selby District Local Plan and Section 12 of the NPPF.
5.0 Description of Proposal
5.1. The application is a resubmission of the previously refused application (2022/1142/FUL) and is seeking consent for the erection of a detached dwelling on land to the east of Strome House, Garthends Lane, Hemingbrough. The dwelling has 4 bedrooms, 3 parking spaces and a small rear garden area.
5.2. When comparing the current application with the most recent refusal, it is noted that there have been some amendments to the proposed design of the dwelling. These changes include reducing the overall height of the dwelling by 2 metres to 6.5 metres. The proposed 1.5 storey dwelling would now have two bedrooms in the roof space. The proposed dwelling would have a larger footprint than the previous proposal. The proposed dwelling has been pushed further forward within the site by approximately 8.6 metres when comparing it to the previous plans.
5.3. It is also noted that the previous applications proposed that the dwelling would be market housing. However, the latest submission states that the dwelling would be a self-build and custom-build unit.
5.4. The previous applications were submitted prior to BNG coming into force. Self-build and custom build dwellings are exempt from BNG. As such, should members resolve to support the application then the applicant would be required to enter into a legal agreement to ensure that the development meets the criteria for a self-build and custom-build dwelling.
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 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 Local Plan, adopted on 8 February 2005
- Selby District Core Strategy Local Plan, adopted on 22 October 2013
- Minerals and Waste Joint Plan, adopted 2022
Emerging Development Plan – Material Consideration
6.3. The Emerging Development Plan for this site is listed below. Given the stage of the emerging Local Plan, the policies contained within it are attributed limited weight and as such are not listed in this report.
- Selby District Council Local Plan publication version 2024 (Reg 19)
6.4. On 17 September 2019, Selby District Council agreed to prepare a new Local Plan. Consultation on issues and options took place early in 2020 and further consultation took place on preferred options and additional sites in 2021. The Pre-submission Publication Local Plan (under Regulation 19 of the Town and Country Planning (Local Development) (England) Regulations 2012, as amended), including supporting documents, associated evidence base and background papers, was subject to formal consultation that ended on 28th October 2022. A further round of consultation on a revised Regulation 19 Publication Local Plan was undertaken in March 2024.
6.5. 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 where it was decided that work on this plan will now cease.
6.6. 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 some of the evidence base.
6.7. - 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
6.8. Relevant guidance for this application is:
- National Planning Policy Framework 2024
- National Planning Practice Guidance
7.0 Consultation Responses
7.1. The following consultation responses have been received and have been summarised below.
7.2. Parish Council: Objection raised. Whilst the Parish Council acknowledge that the applicant has taken steps to mitigate the concerns raised previously, they still object due to overdevelopment of the site.
7.3. Highways: No objection. Recommend a condition relating to access, turning and parking areas.
7.4. Contaminated Land: No objection. Recommend a condition relating to the reporting of an unexpected contamination is attached to any permission granted.
7.5. Internal Drainage Board: No objection. Recommend a condition relating to the disposal of surface water and foul sewage.
Local Representations
7.6. One letter of objection has been received from a planning consultant representing the occupiers of ‘The Poplars’ to the immediate north of the site. A summary of the comments is provided below, however, please see the website for full comments.
7.7. Objections:
- No realistic improvement to this proposal and thus has no material impact upon the two reasons for refusal advanced regarding application 2022/1142/FUL.
- The applicant has failed to take up the opportunity to lodge an appeal.
- The proposal would need to be accommodated within a narrow site, typically no more than 8 metres wide.
- The site is not vacant as a private drive running from Garthends Lane passes through it.
- The redesigned dwelling would still seriously impact of the amenities of the occupiers of The Poplars with a separation distance of 4 metres.
- The blank wall of the proposed dwelling, sitting to the south of The Poplars, would prevent any prospect of direct sunlight falling on to the neighbour’s property in the afternoon for most months of the year.
- Not provide an adequate level of amenity space (a rear garden area of ten metres by nine metres) for the needs of the occupiers of a four-bedroom dwelling.
8.0 Environment Impact Assessment (EIA)
9.0 Main Issues
9.1. The key considerations in the assessment of this application are:
- The Principle of Development
- Design and Impact on the Character and Appearance of the Area
- Impact on heritage assets
- Residential Amenity
- Impact on the Highway
- Flood Risk, Drainage, Climate Change and Energy Efficiency
- Contaminated Land
- Affordable Housing
- Impact on Ecology
- Waste and Recycling Facilities
- Minerals and waste
10.0 ASSESSMENT
Principle of Development
10.1. The application site is located within defined development limits of Hemingbrough, which is a Designated Service Village, as defined within the Core Strategy.
10.2. Policy SP1 of the Core Strategy 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 Paragraph 11 of the NPPF.
10.3. Policy SP2A (a) of the Core Strategy adopts a hierarchical spatial strategy to the location of new development. It states, “The majority of new development will be directed to the towns and more sustainable villages depending on their future role as employment, retail and service centres, the level of local housing need, and particular environmental, flood risk and infrastructure constraints”. Further, the policy states “Designated Service Villages have some scope for additional residential and small-scale employment growth to support rural sustainability and in the case of Barlby/Osgodby, Brayton and Thorpe Willoughby to complement growth in Selby. Proposals for development on non-allocated sites must meet the requirements of Policy SP4”.
10.4. Policy SP4(a) of the Core Strategy states that "in order to ensure that development on non-allocated sites contributes to sustainable development and the continued evolution of viable communities, the following types of residential development will be acceptable in principle within Development Limits". In Selby, Sherburn in Elmet, Tadcaster and Designated Service Villages - "Conversions, replacement dwellings, redevelopment of previously developed land, and appropriate scale development on greenfield land (including garden land and conversion/redevelopment of farmsteads)." Policy SP4 (d) of the Core Strategy states that “appropriate scale will be assessed in relation to the density, character and form of the local area and should be appropriate to the role and function of the settlement within the hierarchy”.
10.5. The site lies within the defined development limits of Hemingbrough which is acceptable in a Designated Service Villages, providing it would result in development of an appropriate scale. The proposal is therefore acceptable in principle in accordance with the Local Plan. However, is still required to meet the policy test set in criteria (c) and (d) of Policy SP4 and all other relevant local and national policy tests.
10.6. 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.
10.7. In terms of the presumption in favour of sustainable development, as noted above the site is acceptable in principle, however the NPPF 11 d is engaged in the legacy Selby area, given the council does not have a 5 year housing land supply. Consideration against Paragraph 11 d) 1 footnote 7 needs consideration as the site is adjacent to a Conservation Area. Officers do not consider this conservation designation provides a strong reason for refusing the application.
10.8. The proposal will provide 1 dwelling which is not a significant contribution towards housing supply. With regard to NPPF paragraph 11 d) ii) when assessed as a whole, the adverse impacts of the proposal would significantly and demonstrably outweigh the benefits when assessed against the design policies in the Framework and that of the local plan, such that the proposal cannot be regarded as being sustsinbale. These are explained in the sections below:
Section 149 of The Equality Act 2010
10.9. Under Section 148 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.
10.10. The development of the site for residential purposes would not result in a negative effect on any persons or on persons with The Equality Act 2010 protected characteristics.
Design and Impact on the Character and Appearance of the Area
10.11. Relevant policies in respect to the impact of the development on the impact on the character and appearance of the area through design include, Policies ENV1(1), (4) and (5) of the Selby District Local Plan, and Policies SP18 and SP19 of the Core Strategy and paragraphs 131 to 141 of the NPPF.
10.12. The application site is located off Garthends Lane, which is predominantly residential in nature. The local area is comprised mainly of two-storey detached dwellings constructed from red and brown brick and red pantiles. The application site currently serves as a shared access to Strome House and Lambert Lodge, which both lie to the west of the site. The northern boundary lies adjacent to ‘The Poplars’ and the southern boundary lies adjacent to Tioram. Garthends Lane lies to the east of the application site.
10.13. The proposed development is for the erection of a four-bed 1.5 storey dwelling with rooms in the roof space. The proposed dwelling would have a dual-pitched roof with a ridge height of 6.5 metres and eaves to 2.7 metres from ground level. The dwelling would feature a single storey projection to the front (projecting approximately 4.7 metres from the principle elevation) and a single storey projection to the rear (measuring approximately 3.2 metres from the rear elevation).
10.14. In respect of materials, these are proposed as follows:
- Walls – Terca Kassandra multi (brick)
- Roof - Sandtoft double pantile
- Windows & doors - white UPVC
- Guttering - black round line on rise and fall brackets
- Boundary treatments - timber fencing and hedgerows
- Access and hardstanding – gravel
10.15. It is noted that there have been several amendments to the proposed plans when compared to the previous refusals. These have been stated in section 5.0 of the report. The proposed revisions to the dwelling include lowering its overall height and re-positioning proposed dwelling forward towards the highway by approximately 8.6 metres.
10.16. As set out in the previous Officer Reports, the dwelling would be clearly viewable from various points along the highway, Garthends Lane. The dwelling has been reduced in height by approximately 2 metres and the Layout Plan shows that a tree would be planted to the front of the site, which would partially obscure the dwelling when fully established. However, this would take several years to establish and mature. The Layout Plan also shows that the proposed dwelling would be moved forward within the site. There would now be a separation distance of approximately 17.2 metres between the front elevation of the dwelling and the highway. This was previously approximately 25.8 metres.
10.17. The application site is relatively narrow (between 7.5 metres and 9.5 metres where the dwelling would be sited) and the proposed dwelling would predominantly span the full width of the site. The proposed dwelling would fill the existing gap between The Poplars, to the north of the application site and Tioram, to the south. The gap between the dwellings is considered to be a feature of the local area and creates a low density feel to the west of Garthends Lane.
10.18. In terms of design, the dwelling appears awkward when viewed from the frontage as the dwelling would appear top heavy with a relatively steep pitch required to accommodate the bedrooms in the roof space. The roof massing dominates the design and is disproportionate.
10.19. The case officer wrote to the agent asking for amendments to the proposed design of the dwelling by removing the bedrooms in the roof space to create a single storey two-bedroom dwelling. The applicant/agent did not wish to change the design and wished for the application to be determined on the basis of the submitted plans.
10.20. The proposed four-bedroom dwelling, by virtue of its design and scale, would appear incongruous and shoehorned into this narrow site. This would give the appearance of the site being overdeveloped and in turn would cause harm to the character of the street scene.
10.21. Given the above, it is considered that the proposal would have a significant impact on the character and appearance of the area. As such, the proposed development fails to accord with Policies ENV1(1), (4) and (5) of the Selby District Local Plan, and Policies SP18 and SP19 of the Core Strategy and paragraphs 131 to 141 of the NPPF.
Impact on Heritage Assets
10.22. Whilst considering proposals which affect the setting of Conservation Areas, regard is to be made to S72 (1) of the Town & Country Planning (Listed Building and Conservation Area) Act 1990 which states that with respect to any buildings or other land in a Conservation Area, of any powers, under any of the provisions mentioned in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of the Conservation Area. Section 66(1) of the Act takes a similar approach to development affecting a listed building, or its setting.
10.23. Relevant policies in respect to the impact of the development on the Hemingbrough Conservation Area and visual amenity are Policies ENV1 (5) and ENV25 of the Selby District Local Plan, and Policies SP18 and SP19 of the Core Strategy. Significant weight should be attached to the Local Plan Policy ENV1 as it is broadly consistent with the aims of the NPPF. Relevant policies within the NPPF, which relate to development affecting the Conservation Area include paragraphs 207 to 221.
10.24. The application site is located within the setting of Hemingbrough Conservation Area, which lies approximately 35 metres to the west of the site, and within the setting of a Grade II listed building, The Old School House, which is approximately 20 metres to the north of the site.
10.25. It is considered that the proposed development wouldn’t negatively affect the setting of the Conservation Area. This is due to the separation distance between the application site and the Conservation Area and due to views of the proposed dwelling being largely obscured within the Conservation Area by neighbouring dwellings, namely Strome House and Lambert Lodge. Likewise, the separation distance and the neighbouring property, The Poplars, would also minimise any impact the proposed development would have upon the setting of the listed building.
10.26. Having regard to the above, it is considered that the proposal would accord with Policies ENV1 and ENV25 of the Selby District Local Plan, Policy SP18 and SP19 of the Core Strategy, Section 66 (1) and Section 72 (1) of the Planning (Listed Building and Conservation Area Act) 1990 and the advice contained within the NPPF.
Impact on Residential Amenity
10.27. The key considerations in respect of residential amenity are considered to be the potential of the proposal to result in overlooking of neighbouring properties, overshadowing of neighbouring properties and whether oppression would occur from the size, scale and massing of the development proposed.
10.28. A letter of objection has been received from the current occupiers of The Poplars. The letter raises concerns about the impact on residential amenity, in particular the potential loss of light and loss of privacy that would occur as a result of the proposal. The letter refers to the previous application and the second reason for refusal, which related to impact on residential amenity and contends that the updated plans have not materially altered the level of detriment that the occupiers of the neighbouring dwelling would face.
10.29. With regards to overlooking, the proposed dwelling would have 2no. windows in the gable at first floor level to the side (south) elevation and 3no. roof lights to the rear elevation and 2no. roof lights to the front elevation.
10.30. It is considered that the proposed dwelling would have less of an impact on overlooking than what was previously assessed as the windows at first floor level to the front and rear have been removed. It was previously assessed that the proposed dwelling would not result in significant overlooking, and this would remain the case.
10.31. With regards to overshadowing, the proposed dwelling is proposed along the shared boundary with The Poplars, which lies immediately to the north of the application site. The proposed dwelling would be set in from the boundary by approximately 1 metre to 1.2 metres. The proposed development would include a 6.5-metre-high gable, which would face towards the neighbouring dwelling. Given that there is a modest separation distance between the proposed dwelling and the neighbouring dwelling (approximately 4.5 metres) and the fact that the proposed dwelling would be located due south of the neighbouring dwelling, it is considered that the proposal would result in significant overshadowing, and loss of outlook for the occupiers of The Polars, although this would be less than what was proposed previously. It is also considered that the proposed dwelling would result in the sense of oppression and dominance along the shared boundary.
10.32. Amendments were sought in an attempt to overcome the issues relating to overshadowing and oppression. It was considered that an acceptable compromise would have included reducing the dwelling to single storey only with the roof sloping away from the northern boundary. The applicant declined to make amendments to the proposed scheme.
10.33. Taking the above into consideration, the proposed development would have an unacceptable impact on the occupiers of the neighbouring dwellings. As such, the application is not considered to be in accordance with Policy ENV1 of the Selby District Local Plan.
10.34. In light of the above, it has been demonstrated that the proposal would not contravene Convention Rights contained in the Human Rights Act 1998 in terms of the right to private and family life or the right to life.
Impact on the Highway
10.35. Policy in respect of highway safety is provided by Policies ENV1 (2), T1 and T2 of the Selby District Local Plan and Policy SP19 of the Core Strategy. The aims of these policies accord with paragraph 115 of the NPPF states that development should ensure that safe and suitable access can be achieved for all users to a site. In addition, paragraph 116 advises that development should only be refused (on highway grounds), where it would result in an unacceptable impact on highway safety.
10.36. The proposed scheme would benefit from an existing access and would provide off-street parking for up to 3no. cars. NYCC Highways have raised no objections to the proposed development, subject to a number of conditions relating to a new and altered Private Access or Verge Crossing, and a Construction Phase Management.
10.37. Subject to the aforementioned conditions, it is considered that the proposal is acceptable in terms of highway safety in accordance with Policies ENV1 (2), T1 and T2 of the Local Plan and the advice contained within the NPPF.
Flood Risk, Drainage, Climate Change and Energy Efficiency
10.38. The application site is located within Flood Zone 1, which has a low probability of flooding.
10.39. Paragraph 170 of the NPPF states that “Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk (whether existing or future). Where development is necessary in such areas, the development should be made safe for its lifetime without increasing flood risk elsewhere.”
10.40. Paragraph 174 of the NPPF states that “…The aim of the sequential test is to steer new development to areas with the lowest risk of flooding from any source. Development should not be allocated or permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower risk of flooding. The strategic flood risk assessment will provide the basis for applying this test. The sequential approach should be used in areas known to be at risk now or in the future from any form of flooding.” For individual planning applications where there has been no sequential testing of the allocations in the development plan, or where the use of the site being proposed is not in accordance with the development plan, the area to apply the Sequential Test across will be defined by local circumstances relating to the catchment area for the type of development proposed.
10.41. In considering the above, as the proposals are located within Flood Zone 1, the Sequential Test and Exceptions Tests are not required.
10.42. In respect of the drainage proposals, surface water would be disposed of via a soakaway and foul water would be disposed of via the mains sewer. Yorkshire Water have provided no response and the IDB has confirmed that it has no objections subject to a condition relating to detailed drainage works being agreed.
10.43. Subject to the aforementioned condition, it is considered that the proposed scheme is considered to be acceptable in terms of flood risk, drainage and climate change and therefore accords with Policies SP15, SP16, SP19 of the Core Strategy, and paragraphs 170 and 174 of the NPPF.
Contaminated Land
10.44. Relevant policies in respect of land contamination include Policy ENV2 of the Selby District Local Plan and Policy SP19 “Design Quality” of the Core Strategy.
10.45. The application is supported by a contaminated land screening assessment form. Comments have been sought from the Contaminated Land Consultant who has raised no objections subject to a condition requiring any unexpected, contaminated land to be reported. The case officer agrees with the contaminated land screening assessment form’s conclusion that contamination is unlikely to be present at the site. However, it is considered reasonable to attach a condition regarding unexpected contamination to any planning permission granted on the application site.
10.46. Subject to the condition, it is considered that the proposal would be acceptable in respect of land contamination and is, therefore, in accordance with Policy ENV2 of the Selby District Local Plan, Policy SP19 of the Core Strategy and the advice contained within the NPPF.
Affordable Housing
10.47. Core Strategy Policy SP9 and the accompanying Affordable Housing Supplementary Planning Document (SPD) sets out the affordable housing policy context for the former District. Policy SP9 outlines that for schemes of less than 10 units or less than 0.3ha a fixed sum will be sought to provide affordable housing within the former District.
10.48. The NPPF is a material consideration and states at paragraph 65 - “Provision of affordable housing should not be sought for residential developments that are not major developments, other than in designated rural areas (where policies may set out a lower threshold of 5 units or fewer). To support the re-use of brownfield land, where vacant buildings are being reused or redeveloped, any affordable housing contribution due should be reduced by a proportionate amount”. ‘Major development’ is defined in Annex 2: Glossary as “For housing, development where 10 or more homes will be provided, or the site has an area of 0.5 hectares or more”.
10.49. The application proposes the creation of one dwelling on a site which has an area of less than 0.5 hectares, such that the proposal is not considered to be major development as defined in Annex 2 of the NPPF. It is therefore considered that having had regard to Policy SP9 of the Core Strategy, the Affordable Housing SPD and the advice contained within the NPPF, on balance, the application is acceptable without a contribution for affordable housing.
Impact on Ecology
10.50. Relevant policies in respect of ecology issues are Policies ENV1 (5) of the Local Plan, Policy SP18 of the Core Strategy and the advice contained within the NPPF.
10.51. It is noted that no landscaping plan has been submitted with the application. However, the proposed layout plan indicates that the existing boundary treatments to the northern boundary would be retained and proposed a 2-metre-high close boarded timber fence would be erected along the western and southern boundaries with shrub planting along the frontage and along the rear (western) boundary the Layout Plan also shows a Crab-apple tree to be planted to the front and an ornamental pear tree planted in the rear garden.
10.52. In terms of BNG, the application form states that the dwelling would be a self-build and custom-build dwelling and would, therefore, be exempt from requiring a 10% net gain.
10.53. The above measures are considered to satisfy nature conservation interests and therefore accord with the requirements of Selby District Local Plan Policy ENV1(5), Core Strategy Policy SP19(e) and the NPPF.
Waste and Recycling
10.54. With respect to Waste and Recycling, a contribution for such a provision would not be required for a scheme of this scale.
Minerals and Waste
10.55. The application site is located within an area identified for the safeguarding of mineral resources. Relevant policies in relation the NYCC Minerals and Waste Plan 2022 are S01, S02 and S07, which reflect advice in Chapter 17 of the NPPF, and seek to protect future mineral resource extraction by safeguarding land where the resource is found and avoiding such land being sterilised by other development. The plan also identifies the site as falling within a Coal Mining Development Area to which Policy D13 applies.
10.56. The application is a back land development for the purposes of minerals safeguarding and is one of the exemptions listed in paragraph 8.55 of the MWJP. Further, the site is within a low-risk coal area as identified on the Coal Authority’s Interactive Map and as such a Coal Mining Risk Assessment is not required and the development is not regarded to be at a high risk posed by coal mining features.
10.57. Taking the above into account, it is considered that the proposal would not be contrary to the aims of the Minerals and Waste Plan. An informative is recommended to draw the applicant’s attention to the location of the site in a coal mining area.
11.0 PLANNING BALANCE AND CONCLUSION
11.1. The proposal would provide a 4-bed dwelling in a sustainable settlement which would contribute towards the current short fall in housing land supply albeit by a very small number. This along with the self-build element of the weighs in favour of the proposal. The proposal is not considered to have a detrimental impact on flooding, nearby heritage assets, drainage, highway safety, contaminated land, affordable housing, landscaping or waste and recycling, or any issues could be mitigated through condition.
11.2. Despite this, the proposed four-bed dwelling, due to its design would have a detrimental impact on the character of the local area. The proposal would also have an unacceptable impact on the occupiers of the neighbouring dwellings due to its scale, massing and siting, particularly the separation distances involved, which will result in a loss of outlook, dominance and overshadowing. The proposal is therefore contrary to Policy ENV1 of the Selby District Local Plan, Policy SP19 of the Core Strategy and the advice contained within the NPPF.
11.3. The council does not have a 5-year housing land supply in the legacy Selby area and therefore NPPF paragraph 11 d is engaged. The adverse impacts of the scheme identified above would significantly and demonstrably outweigh the benefits that arise from the delivery of a single dwelling on this tight site. As such, the development is not regarded as being sustainable development is recommended for refusal.
12.0 RECOMMENDATION
This application is recommended to be REFUSED for the following reasons:
01. The site consists of a narrow gap, set between two detached two storey dwellings within the Garthends street scene. The proposed 1.5 storey dwelling, together with the narrowness of the plot and roof design would result in a cramped form of development with the dwelling appearing shoehorned into the site. The development would be an incongruous addition to the street scene and negatively impact on the character and appearance of the area. As such, the proposed development fails to accord with Policies ENV1(1), and (4) of the Selby District Local Plan, and Policies SP18 and SP19 of the Core Strategy and Section 12 of the NPPF.
02. The proposed development in the would have an unacceptable impact on the occupiers of The Poplars due to the height and positioning of the northern gable. The proposal would result in overshadowing, loss of outlook, oppression and dominance of the shared boundary. The proposal is therefore contrary to Policy ENV1 (1) of the Selby District Local Plan and Section 12 of the NPPF.
Target Determination Date: 30/01/2025
Case Officer: Jac Cruickshank
Appendix A – Proposed Site Layout Plan