North Yorkshire Council

 

Community Development Services

 

Thirsk and Malton Area Constituency Committee

 

15 May 2025

 

ZE24/00588/MOUT - Erection of up to 140no. Dwellings and associated infrastructure with all matters reserved except access

 

Report of the Head of Development Management – Community Development Services

 

1.0     Purpose of the Report

1.1       To seek a view from the Committee on the direction of defence at an appeal for non- determination in relation to a planning application for up to 140 dwellings on land at Keld Head Farm, Midleton Road, Pickering

 

2.0       SUMMARY

 

2.1       RECOMMENDATION: That members support the proposal and direct Officers to represent this position at the non-determination appeal.

 

2.2       The proposal is in outline with access only considered for the construction of up to 140 dwellings. The site is located on the north side of Midleton Road, Pickering and to the west/rear of dwellings fronting Northway. The site is currently undeveloped and in agricultural use. The land rises gently from the south-west up to the north-east. The land level increases more steeply towards the northern end of the site.

 

2.3       The proposal is located outside of Development limits. In normal circumstances the principle of development would not be accepted due to conflict with Policy SP2 which sets the criteria for new housing in the local plan area.  However, the Council cannot demonstrate a 5 year housing land supply for the Ryedale Local Plan Area and therefore Paragraph 11 of the National Planning Policy Framework is engaged. As paragraph 11 is engaged, a balanced decision must be made weighing the adverse impacts of the development against the benefits taking into account sustainability, effective use of land, securing well designed places and providing affordable homes.

 

2.4       The application site is located directly adjacent to the development limits of Pickering which as outlined above, is considered a sustainable settlement as identified in the Ryedale Local Plan. The land area identified is considered large enough to accommodate the proposed scale of development as well as the ancillary open space and drainage areas etc. the proposal also includes the required level of affordable housing. In this context it is considered under Paragraph 11D of the NPPF that the principle of development on the site should be supported.

 

2.5       As an appeal on non determination has been submitted confirmation is sought that the Committee is in agreement with the above position and that this can be presented to the Planning Inspectorate for consideration. 


 

 

3.0       Preliminary Matters

 

3.1          Access to the case file on Public Access can be found here:- Planning File

Planning History

3.2          There is no relevant history for this site.

4.0       Site and Surroundings

 

4.1          The site is located on the north side of Midleton Road, Pickering and to the west/rear of dwellings fronting Northway. The site measure 6.3ha and is ‘L’ shaped incorporating 3 field strips which are bounded by hedgerow. The north-eastern edge is bordered by hedgerow on one field strip which creates the L shape of the site. The remainder of the northern boundary is not delineated by any boundary treatment at present. Access is currently gained from 3 separate points off Midleton Road, each one servicing an individual field strip. All three strips are connected through gaps in the internal hedgerows.

4.2          To the south-west of the site across Midleton Road there is a single dwelling and Alba Rose care Home. As mentioned above, to the east of the site is the residential street Northway. To the north and west of the site is open countryside. The character of the local area is residential and clearly reads as the edge of the settlement. To the south of the site is a public footpath connecting the site to Pickering which is characterised as a Local Service Centre (Market Towns). The footpath also connects the site to Middleton including the petrol station and convenience shop located on the A170 to the south east of the site.

5.0       Description of Proposal

 

5.1          This application seeks Outline consent for up to 140 dwellings with access only considered at this stage. The proposal documents indicate that the development will provide the required level of affordable housing, a suitable housing mix, open space with an equipped area for play, SUDs pond, tree planting and a net gain for biodiversity.

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:

-         The Ryedale Local Plan Strategy, 5 September 2013

 

Emerging Development Plan – Material Consideration

6.3          The Emerging Development Plan for this site is the North Yorkshire Local Plan. No weight can be applied in respect of The North Yorkshire Local Plan at the current time as it is at an early stage of preparation.

Guidance - Material Considerations

6.4          Relevant guidance for this application is:

            -           National Planning Policy Framework

            -           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: The Council has raised concerns relating to the following issues;

·         The site is outside of development limits

·         The site is in an area of High Landscape Value

·         Coalescence of settlements

·         Increased traffic congestion

·         Not a preferred site in the Local Plan

·         Increased demand on local services

·         Impact on the sewerage system

7.3          Archaeology: During the life of the application the applicant worked with North Yorkshire Council's Archaeologist and undertook trial trenching at the site. This identified a later prehistoric or Romano British enclosure within the southwest corner of the development area. Trenching elsewhere was largely negative. It was agreed that a mitigation response would be necessary as the remains uncovered will help us to understand prehistoric and Roman activity in the Vale of Pickering including relationships to other sites recently excavated in the area. NYCs Archaeologist recommends that a scheme of archaeological mitigation recording is undertaken in response to the ground disturbing works associated with the development proposal. This should comprise an archaeological strip map and record to be undertaken in advance of development followed by appropriate analysis reporting and archive preparation to ensure a detailed record is made of any deposits or remains that will be disturbed. It is recommended that this work be secured by condition.

7.4          Designing Out Crime Officer: The principle of the scheme is appropriate and raises no significant concerns in relation to Designing Out Crime. Guidance on measures that should be incorporated into the scheme is provided.

7.5          Ecology: NYC Ecologists confirmed that they were satisfied with the level of assessment work undertaken. They consider that provided the mitigation measures outlined in the Ecological Impact Assessment are adhered to the development will not have any significant impact. The BNG assessment confirms that through the creation and enhancement of habitats on site, the development is capable of achieving biodiversity net gain in excess of the minimum 10% mandatory requirements. Planning conditions are recommended relating to a Construction Ecological Management Plan, lighting scheme, Biodiversity Net Gain implementation, and Habitat Monitoring and Management Plan. As the net gain is considered to be significant, requiring monitoring for 30 years a monitoring fee should be secured through a S106.

7.6          Environmental Health: Officers accept the findings of the Noise Impact Assessment and the recommendations submitted within the report. It is recommended that the approved scheme be implemented and completed in full and a verification report submitted to the local planning authority for approval before the development is first occupied. Officers acknowledge receipt of the Air Quality Assessment and accept its findings. There are no further comments with regards to air quality for this development. A condition is also recommended relating to a detailed construction management plan.

7.7          Highways: Although a final response has not been provided interim comments have been provided indicating that whilst there is congestion on the A170 at peak times the site by itself is unlikely to add significantly to the current queues.

7.8          Housing: The proposal includes on site provision of affordable housing up to 35% of the total new dwellings on site consequently the scheme is in line with current policy guidelines. Guidance is provided on the requirements for tenure type, property type, the location and appearance of affordable housing, contact with a Registered Provider, local lettings and eligibility criteria.

7.9          Lead Local Flood Authority: Officers confirmed that the submitted documents demonstrate a reasonable approach to the management of surface water on site. Conditions are recommended in relation to detailed drainage design, maintenance and exceedance flow routes.

7.10       Public Health: It is recommended the development be designed to include a safe and accessible pedestrian route which is are incorporated in the detailed plans to enable all residents to access the existing town and bus stops incorporating appropriate resting places on route. The applicant should explore the placement of an additional bus stop on Middleton Road close to the entrance to the development, or within the development itself to meet the needs of the community. The applicant must engage with the NHS to agree any necessary contributions to health care provision infrastructure that arises from the development.

Local Representations

7.11       38 local representations have been received from 33 members of the public and 1 representation on behalf of a group of Midleton residents. 1 letter is in support, 1 Neutral and 32 are objecting. A summary of the comments is provided below, however, please see website for full comments.

7.12       Neutral:

-               30mph sign should be moved

-               Local drainage is poor and this should be addressed

-               Foul drainage should take the levels to the south of Midleton Rd into account

 

7.13       Objections:

-               Impact on Ecology

-               Removal of hedges

-               Impact on traffic congestion and parking in the town

-               General Highways safety and impacts

-               Footpath unfit for purpose

-               Loss of agricultural land

-               Impact on medieval strip field patterns

-               Water main crosses the site

-               Impact on sewerage system and knock on effects on ecology

-               Flood Risk

-               Lack of local employment opportunities forcing commuting

-               Impact on local services/infrastructure, health, education etc

-               No need in local area as newly built houses remain unsold

-               Overlooking of existing houses

-               Coalescence of settlements

-               Scale of proposal in relation to surrounding area, disproportionate

-               Located on undeveloped land

-               Cumulative impact of development in Pickering

-               Even with the tilted balance the harm to the are of High Landscape Value should outweigh the benefits

-               Conflict with Policy SP1, impact on character of the market town, impact on field patterns, impact on historic form, character and landscape, coalescence with Midleton

-               Not sustainable development, too far from services

-               Increased noise in general and during construction

-               Ribbon development

-               Impact on aquifer during construction

-               Developer is taking advantage of the merge of Councils which has delayed updates to the plan

-               Impact on air quality

-               Should only build bungalows due to proximity to bungalows at Northway

-               Control over affordable housing

-               Will be low quality housing

-               Previous false promise by developer relating to the Community Park

-               Impact on tourism

-               Impact on Middleton Conservation Area

-               Impact on the (ancient) track to the west

-               Brownfield sites should be prioritised

 

 

8.0       Environment Impact Assessment (EIA)

 

8.1.        The development falls within Schedule 2 Category 10(b) Urban Development Projects of The Environmental Impact Assessment Regulations 2017 (as amended) and exceeds threshold (iii) due to the site being over 5ha. As such the Council as Local Planning Authority have screened the development and found that it is not EIA development and no Environmental Statement is required to be submitted with the application.

9.0       Main Issues

 

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

-           Principle of development

-           Affordable Housing and Mix

-           Amenity

-           Drainage and Flood risk

-           Highways Safety

-           Landscape Impact

-           Biodiversity

-           S106 Agreement

10.0     ASSESSMENT

 

Principle of Development

10.1       The site is located outside of but adjacent to the development limits for Pickering. Policy SP1 (General Location of Development and Settlement Hierarchy) of the Local Plan Strategy sets out a hierarchy of settlements and seeks to focus new developments within the principal towns, market towns and service villages. Pickering is a Local Service Centre (market town) in the settlement hierarchy, a secondary focus for growth. Policy S1 confirms that the settlement is expected to be subject to limited housing growth to address local employment and housing and community requirements

10.2       The principle of the settlement hierarchy is to ensure that development is distributed appropriately to locations with appropriate infrastructure and additionally to ensure that the rural nature of the district particularly those locations lower down the hierarchy is maintained.

10.3       Policy SP2 (‘Delivery and Distribution of new housing’) of the Local Plan Strategy provides guidance on the distribution of new homes within Ryedale. The distribution of new housing reflects the hierarchy with Pickering allocated 750 new homes which equates to 25% of the identified need in the Plan over the period 2012-2027.

10.4       Recent updates to the National Planning Policy Framework introduced a new standard method for assessing housing need. This has resulted in an increase in housing need for many Councils across the country. The extant Ryedale Local Plan is now more than 5 years old. In accordance with the National Planning Policy Framework (December 2024), the annual housing requirement for this area is 377 (up from 373) homes, as derived from the Standard Method. Including the relevant 5% buffer, the 5-year supply requirement for this area is 1977 (up from 1959). Based on the most recent data (from the 2023/24 monitoring period), there is a demonstrable deliverable supply of 332 homes over a five-year period. This translates to 0.8 years of housing supply when measured against the five-year supply requirement. 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.

 

10.5       Paragraph 11 of the National Planning Policy Framework states that plans and decisions should apply a presumption in favour of sustainable development. For decision-taking this means: 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.

Footnote 8 clarifies that ‘out of date’ includes situations where the Local Planning Authority cannot demonstrate a five year supply of deliverable housing sites.

 

10.6       The proposal is located outside of Development limits. In normal circumstances the principle of development would not be accepted due to conflict with Policy SP2 which sets the criteria for new housing in the local plan area. As paragraph 11 is engaged, a balanced decision must be made weighing the adverse impacts of the development against the benefits, taking into account; sustainability, effective use of land, securing well designed places and providing affordable homes.

 

10.7       The application site is located directly adjacent to the development limits of Pickering which as outlined above, is considered a sustainable settlement as identified in the Ryedale Local Plan. The land area identified is large enough to accommodate the proposed scale of development as well as the ancillary open space and drainage areas etc and the proposal also includes the required level of affordable housing. In this context it is considered under Paragraph 11D of the NPPF that the principle of development on the site should be supported.

 

10.8       As an appeal on non-determination has been submitted confirmation is sought that the Committee is in agreement with the above position and that this can be presented to the Planning Inspectorate for consideration.  

 

 

 

Affordable Housing and Mix

 

10.9       Local Plan Policy SP3, Affordable Housing, states that the Local Planning Authority will seek the provision of 35% of new dwellings as affordable housing on-site (in settlements outside West and South West Ryedale) as part of developments of 5 dwellings or 0.2 ha. Where the on-site contribution does not equate precisely to whole numbers of units, equivalent financial contributions will be sought.

 

10.10    The application is in outline for up to 140 dwellings. The proposal includes on site provision of affordable housing up to 35% of the total new dwellings on site, consequently the scheme is in line with current policy guidelines. This should be secured through the S106 legal agreement. As the proposal is for ‘up to’ 140 dwellings the final number of affordable dwellings to be provided cannot be confirmed until reserved matters stage. At this stage, however the proposal is considered to be acceptable and meets the requirements of Policy SP3.

 

Amenity

10.11    As required by Policy SP20 (Generic Development Management Issues) the development should respect the character of the area without having a material adverse impact on the amenity of present or future occupants, the users or occupants of neighbouring land and buildings or the wider community. Impacts on amenity can include, for example, noise, dust, odour, light flicker, loss of privacy or natural daylight or be an overbearing presence.

10.12    The application is in outline and therefore general principles of amenity can be considered at this stage. The proposed site is in a residential area on the edge of the settlement. The proposed residential use would not therefore conflict with its surroundings. The site at 6.3ha is of sufficient size to allow a design that would avoid issues of privacy, daylight loss and overbearing impacts.

 

10.13    A Noise Impact Assessment was submitted in support of the application. The report indicates that: “Noise monitoring was carried out on 18th December and 19th December 2023, to determine the level of external noise affecting the proposed development. The noise environment at the site is predominantly due to road traffic noise on Middleton Road. An outline scheme of sound attenuation works (layout considerations, fenestration and ventilation) has been developed to protect the proposed residential development from the ambient noise climate in accordance with pertinent guidelines. On this basis, the ambient noise climate does not pose a constraint to the proposed residential development”.

10.14    The Environmental Health officer has considered the report and recommendation and has accepted the findings and recommendations. The Officer recommends that the scheme outlined in the report be implemented and that a verification report be submitted to the Local Planning Authority for approval. These details should be secured by condition.

 

10.15    The Environmental Health Officer has also recommended a condition requiring a Construction Management Plan. The plan should cover measures to minimise noise, light and dust arising from works, identification of a person responsible for recording, investigation and dealing with complaints, communication strategy, operating hours and review measures.

Drainage and Flood risk

 

10.16    The NPPF and Policy SP17 requires development to incorporate sustainable drainage systems and techniques in line with the drainage hierarchy. The proposal site is located within Flood Zone 1 with a small area of surface water risk along Crook Lane to the west of the site. The overall risk at the site is considered to be low.

10.17    The drainage hierarchy indicates that surface water should be dealt with in the following order of preference: infiltration, watercourse, surface water sewer and finally to a combined sewer. The applicant has indicated in the Flood Risk Assessment that the site is unsuitable for infiltration as it is located in a source protection zone. Defra’s mapping system (Magic Maps) confirms that the site, along with much of the area is within                 the Zone I - Inner Protection Zone. Discharge to a watercourse 400m to the south was considered however, this was discounted due to lack of riparian rights and land ownership. A surface water drain operated by Yorkshire Water was identified 450m to the southwest of the development. Yorkshire Water has responded and indicates that flows should be restricted to 4.75l/s. The response indicates a general acceptance of the drainage proposals and requests a number of conditions relating to the source protection zone including design requirements for foul drains etc. A detailed drainage scheme should be secured by condition.

 

10.18    The Lead Local Flood Authority were consulted on the application and have confirmed that the submitted documents demonstrate a reasonable approach to the management of surface water on the site. A number of conditions are recommended relating to detailed design, maintenance and exceedance.

Highways Safety

10.19    Policy SP20 (Generic Development Management Issues) advises that “Access to and movement within the site by vehicles, cycles and pedestrians would not have a detrimental impact on road safety, traffic movement or the safety of pedestrians and cyclists. Information will be required in terms of the positioning and treatment of accesses and circulation routes, including how these relate to surrounding footpaths and roads”.

10.20    Paragraph 116 of the NPPF advises that “Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network following mitigation, would be severe, taking into account all reasonable future scenarios”.

10.21    The application is in outline with access only considered at this stage. The layout plan indicates that access will be taken from Middleton Road towards the south-east end of the site. Initial comments from Highways officers indicate that there is no objection to the location and type of access proposed to serve the site.

 

10.22    A Transport Assessment was submitted in support of the application. A further assessment based on trip generation data found that when considered cumulatively with other committed development, the access would operate well within capacity in future years. Additional information was requested relating to traffic flows in the wider area, increased use of minor roads and desire line routes to services. An Addendum to the Traffic Assessment has been provided and final comments from Highways Officer are awaited.

 

10.23    Whilst final comments are awaited interim discussion with the Highways Officer indicates that the development is unlikely to have a significant impact on the highway network in the area.

 

Landscape Impact 4.7 summary of landscape effect

10.24    Local Plan Policy SP13 states that the Council will carefully consider the impact of development proposals on the following broad areas of landscape which are valued locally:

·         The Wolds Area of High Landscape Value

·         The Fringe of the Moors Area of High Landscape Value

·         The Vale of Pickering

 

10.25    The Yorkshire Wolds and Fringe of the Moors are valued locally for their natural beauty and scenic qualities. As well as protecting the distinctive elements of landscape character in each of these areas, there are particular visual sensitivities given their topography and resulting long distance skyline views within Ryedale and further afield. The Vale of Pickering, the Wolds and the Fringe of the Moors are of significant historic landscape value and loss or degradation of the elements that are integral to their historic landscape character make these landscapes particularly sensitive to change.

10.26    Paragraph 187 of the National Planning Policy Framework indicates that planning policies and decisions should contribute to and enhance the natural and local environment by: a) protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan). Paragraph 189 states that great weight should be given to conserving and enhancing landscape and scenic beauty in National Parks, the Broads and National Landscapes which have the highest status of protection in relation to these issues. The scale and extent of development within all these designated areas should be limited, while development within their setting should be sensitively located and designed to avoid or minimise adverse impacts on the designated areas.

 

10.27    The North York Moors Landscape Character Assessment (LCA) (Update – Dec 2021) states that “From the high land of the National Park there are panoramic views across the surrounding areas of lower land and the sea which form the setting to the National Park…. The southern setting includes the Howardian Hills and the Vale of Pickering. From elevated land in the south of the National Park there are views across the Vale of Pickering to the higher land of the Yorkshire Wolds”. Later the LCA states the need to “Protect the setting of the National Park, particularly from highly intrusive or cumulative development. This includes potential impacts on dark skies”.

 

10.28    The application site lies within the Fringe of the Moors Area of High landscape Value. A Landscape and Visual Appraisal was submitted in support of the application. The Appraisal concludes that the site is also within the setting of the North York Moors National Park.

10.29    The appraisal has concluded that the landscape effects resulting from the proposed development would be localised. The site itself would experience notable negative effects as the proposed development would result in major/ moderate and negative landscape effects on the sloping arable fields and moderate and negative landscape effects on the small to medium scale and partially enclosed site. All other effects referring to the site itself would be moderate/ minor and negative. As the landscape is already influenced by existing built form and the proposed development would respect the existing settlement pattern, landscape effects on the wider landscape would be moderate/ minor and negative at most. In regard to the North York Moors National Park; the proposed development would be over 1km away and would not change the composition of the setting of the National Park. For these reasons the “range of contrasting landscapes” which is referred to in Special Quality 1 of the NYMNP would remain and therefore it has been concluded the proposed development would result in no landscape effects on the North York Moors National Park.

 

10.30    The introduction of built form to a green field site will almost always result in negative landscape effects. However, in this case, the location of the site means that the landscape effects would be localised and focused upon an area which is already significantly influenced by built form. As the application is in outline the impact of the development can also be mitigated through the detailed design of the site.

 

Biodiversity Net Gain

10.31    Planning Permissions in England are deemed to be granted subject to the general Biodiversity Gain Condition as set out by Schedule 7A, paragraph 13 of the Town and County Planning Act 1990 (TCPA) as amended by Schedule 14, Part 2, paragraphs 13, 14 and 15 of the Environment Act 2021. This is a pre-commencement condition. This application is not considered to meet any exemption and should permission be granted the condition will apply.

10.32    An Ecological Impact Assessment (EcIA) and Biodiversity Net Gain (BNG) Assessment were submitted in support of the application. NYC Ecologists were consulted and the following remarks were returned. The EcIA confirms that the proposed development will have no impacts upon statutory and non-statutory designated sites. The EcIA and BNG assessment sets out the dominant habitats on site including cereal crops with grassland margins which are common and widespread in the local area. Habitats of greater value include hedgerows and trees. Overall, the layout of the development has sought to minimise loss and disturbance to the more valuable habitats, including buffering the important hedgerows and retaining mature trees where possible. However, in order to facilitate the development, there will be losses of hedgerows, including some categorised as ‘Important’ within the Hedgerow Regulations. During the detailed design (reserved matters) process, the applicant should continue to work to minimise the loss of these hedgerows wherever possible.

10.33    In terms of species, the level of survey and assessment work undertaken is satisfactory. It is considered that provided the avoidance and mitigation measures set out within the EcIA are adhered to there will be no significant negative impacts. In relation to BNG the outline design of the site has incorporated a range of habitats including species rich grassland, drainage features, trees and species rich hedgerows. The BNG assessment confirms that through the creation and enhancement of habitats on site, the development is capable of achieving biodiversity net gain in excess of the minimum 10% mandatory requirements.

10.34    As this is an outline application, the deemed condition for submission of the Biodiversity Gain Plan will apply and there will be a requirement to provide an updated BNG metric and assessment at the reserved matters stage to take account of the detailed design.

10.35    In addition to the statutory BNG requirements and in order to secure ecological avoidance, mitigation and enhancement it is recommended that if approved, planning conditions are used to secure the following:

        Submission of a Construction Ecological Management Plan (CEcMP), including pre commencement surveys of mobile species (as set out within the EcIA)

        Sensitive lighting scheme which demonstrates avoidance of light spill onto adjacent sensitive habitats

        Biodiversity Net Gain implementation

        Submission of the Habitat Monitoring and Management Plan (HMMP)

10.36    As all BNG is intended to be provided on site and given the habitat types and area, the onsite BNG is considered to be significant and in line with the regulations there is a need for all the BNG outside of private gardens to be monitored and managed for a period of not less than 30 years. The monitoring and management prescriptions should be set out within the HMMP, and it is advised that the long term requirements are secured through a s106 including a financial contribution for monitoring by the local planning authority.


 

S106 Legal Agreement

 

10.37    The following Heads of Terms have been agreed with the applicant for this application.

 

Table 1

Category/Type

Contribution

Amount & Trigger

Affordable Housing

35% of the final number of dwellings

 

POS Delivery and Maintenance

On site open space

Delivery to be agreed in Open Space Scheme.

Biodiversity Net Gain

Compliance, funding, monitoring and enforcement

£X index linked, monitoring fee

Monitoring

S106 Monitoring

£500 index linked, prior to commencement of development

 

10.38    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.

11.0     PLANNING BALANCE AND CONCLUSION

 

11.1.     The Council cannot demonstrate a 5 year housing land supply for the Ryedale Local Plan Area and therefore Paragraph 11 of the National Planning Policy Framework is engaged. As paragraph 11 is engaged, a balanced decision must be made weighing the adverse impacts of the development against the benefits taking into account sustainability, effective use of land, securing well designed places and providing affordable homes.

11.2.     The land area identified is large enough to accommodate the proposed scale of development as well as the ancillary open space and drainage areas etc. the proposal also includes the required level of affordable housing. In this context it is considered under Paragraph 11D of the NPPF that the principle of development on the site should be supported.

 

11.3.     The main adverse impact resulting from the development arises from the local, landscape character impacts resulting from the development of agricultural land on the periphery of the settlement.

 

11.4.     The proposal has been considered against the main issues identified in section 10 above and it is considered that the development would not result in any adverse impacts which would significantly and demonstrably outweigh the benefits when assessed against the policies in the National Planning Policy Framework, 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 as outlined in Paragraph 11 d) ii.

11.5.     It should be noted that whilst conditions are referred to in the main text, conditions are a matter for review and negotiation through the appeal process.

 


 

12.0     RECOMMENDATION

 

12.1.     That members support the proposal and direct Officers to represent this position at the non- determination appeal.

 

Target Determination Date: 15.08.2024

 

Case Officer: Aisling O’Driscoll aisling.odriscoll@northyorks.gov.uk