North Yorkshire Council
Community Development Services
Selby and Ainsty Area Planning Committee
11th June 2025
ZG2023/1356/OUTM - Outline application for residential DEVELOPMENT OF UP TO 110 dwellings, LANDSCAPING, OPEN SPACE and associated INFRASTRUCTURE WITH ALL MATTERS RESERVED OTHER THAN ACCESS INTO THE SITE,
AT Land OFF SNOWDROP RISE, HAMBLETON
ON BEHALF OF Taylor Wimpey Strategic Land
Report
of the HEAD OF DEVELOPMENT MANAGEMENT – Community Development
Services
2.0 SUMMARY
RECOMMENDATION: That planning permission be GRANTED subject to the conditions detailed below and prior completion of a Section 106 agreement to secure the matters detailed below
This is an application for outline planning permission for up to 110 dwellings with all matters reserved except access. Access to the site would be via Main Street Hambleton, through the existing Taylor Wimpey residential development to the south. Emergency access would be provided in the northwest corner onto Scalm Lane.
2.1. An illustrative master layout plan is provided to show how the site could be developed. A parameters plan is provided which can be conditioned to indicate the developable areas. The site adjoins existing established development but is within the countryside to the north of the development limits of Hambleton, a Designated Service Village. It is relatively flat and undeveloped with hedgerows and peripheral trees. The site was intended to be an allocation (Ref: HAMB F: Scalm Lane, Hambleton) within the former Emerging Local Plan.
2.2. The Local Planning Authority cannot demonstrate a five-year supply of housing land. Although the principle of locating the majority of development towards the towns, local service centres and the designated service villages defined within Policy SP2 of the CSLP still carries weight, the absence of a five-year supply means it can no longer be required to locate this development exclusively within their development limits (DL’S) as required by SP4.. Policy SP5 is out of date and carries no weight because the housing need figure it contains is not calculated based on the required standard method. In this regard, the proposed DL’s adjacent to sustainable settlements designated in Policy SP2, are a starting point from where applications can be considered on their own merits. This should be done in accordance with paragraph 11d from the NPPF. Permission should be granted unless the proposal fails to satisfy the tests in NPPF paragraph 11d. It requires consideration of whether the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole.
2.4. Neutral matters, which include the site specific flood risk implications are acceptable and suitable drainage can be controlled by condition; there would be no harm arising from highway access; highway implications can be mitigated, there would be no harm to protected species; the site can be made safe from contamination; residential amenity would not be harmed; there is no harm to heritage; noise and air pollution matters can be mitigated by conditions; and education, healthcare and waste/recycling bin contributions are secured to ensure no detriment to existing services are caused.
2.5. The adverse impacts include limited and localised visual and landscape character harm; the loss of a modest amount of best and most versatile agricultural land; and conflict with the development plan.
2.6. It is concluded that the adverse impacts of granting permission would not significantly and demonstrably outweigh the benefits. The proposal benefits from the presumption in favour of sustainable development. Therefore, planning permission should be granted subject to conditions and the prior completion of a S106 agreement.
3.0 Preliminary Matters
3.1. Access to the case file on Public Access can be found here:- ZG2023/1356/OUTM
3.2. There have been no previous planning applications on the application site.
3.3. The following applications relate to the residential development to the south;
2015/0105/OUT: Outline application with all matters reserved for the erection of residential development off Main Road, Hambleton, Selby, permitted 3rd December 2015.
2017/0117/REMM: Reserved matters application for approval of layout, scale, appearance, landscaping and access for 115 dwellings approved by outline application reference (ref. 2015/0105/OUT) at land north of Main Road, Hambleton, Selby. Approved 12th January 2018
2017/1329/MLA: Request for a Deed of Variation to Section 106 agreement dated 02 December 2015 seeking a reduction in the proportion of affordable housing to be provided within scheme for 115 dwellings approved under references 2015/0105/OUT (outline) and 2017/0117/REMM (reserved matters) at Main Road, Hambleton, Selby. Approved 26th November 2018.
4.0 Site and Surroundings
4.1. The 5.15 ha site is located at the northern side of Hambleton to the south of Scalm Lane, west of Station Road and north of Snowdrop Rise and Foxglove Way. Comprising arable agricultural land, it has boundary hedgerows to the north and east. There are mature oak trees within the rear gardens of dwellings on Station Road which overlap the sites western boundary. Access would be via the Main Road in Hambleton, through Snowdrop Rise within the existing Taylor Wimpey housing estate.
4.2. The entire site is within Flood Zone 1 and is at low risk of flooding. It is not located within a conservation area or immediately adjacent to any heritage assets. There are no ecological designations on, or in close proximity to the site.
4.3. The site is outside of the Hambleton development limit as defined in the Selby Local Plan which are drawn along the rear boundaries of dwellings on Station Road to the west and which exclude the existing Taylor Wimpey development to the south. Hence the site is within the countryside. It is within a sand and gravel safeguard area region. There are no listed buildings within or adjacent to the site. The site is not located within or adjacent to a Conservation Area.
4.4. The site was included in the now withdrawn emerging Selby Local Plan as a draft allocation and preferred location for future residential development (HAMB-F). This had an indicative capacity of 103 dwellings. The applicant has undertaken consultation with the local community prior to the application being submitted.
5.0 Description of Proposal
5.1. This is an Outline application for residential development of up to 110 dwellings, landscaping, open space and associated infrastructure with all matters reserved other than access into the site. 10% of the total number would be affordable housing.
5.2. Access to the site would be via Main Street Hambleton, through the existing Taylor Wimpey residential development to the south. Emergency access would be provided in the northwest corner onto Scalm Lane.
5.3. An updated illustrative master layout plan and an updated Parameters plan were provided to show how the site could be developed. The parameters plan shows the key development parameters which any future reserved matters application will need to adhere to. These include the developable areas, Public Open Space, Landscape buffer areas, areas of existing services, highway route into the site, with an internal highway loop and the emergency access route. Detailed layout and landscaping matters are reserved for subsequent approval. Public open space and landscaping would be provided on the northeast and western sides with the existing SUDS basin in the southeast corner utilised. The illustrative plan shows a further SUDS basin and a LEAP play area within the northeastern section. Higher density housing areas are shown to the centre and south with lower density larger plots to the north and east.
5.4. Public Open Space would be provided at approximately 1.22 Ha of site area (excluding Suds/Pump station) with the landscape buffer of 0.37 Ha, which taken together provide 1.59 HA of green space, leaving a net developable area of 3.30 HA.
6.0 Planning Policy and Guidance
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 – Material Consideration
6.3. The Emerging Development Plan for this site was the Selby Local Plan revised publication 2024 (Reg 19). Following reports to committees and finally to North Yorkshire Council’s Full Council on 26 February, work on the ELP has ceased.
Having regard to the above, there is no emerging local plan to consider, but some weight may be given to the evidence base. The site was identified as a draft housing site HAMB-F Scalm Lane, Hambleton within the former emerging plan.
Guidance - Material Considerations
6.4 Relevant guidance for this application is:
· National Planning Policy Framework December 2024
· National Planning Practice Guidance
· National Design Guide 2021
· Affordable Housing Supplementary Planning Document (AHSPD) 2014
· Developer Contributions Supplementary Planning Document (DC SPD) 2007
7.0 Consultation Responses
7.1. The following consultation responses have been received and have been summarised below.
7.2. Hambleton Parish Council: (1st March 2024) Report submitted by a Planning consultant on behalf of the PC which raises concerns on the following grounds.
· Principle - Limited weight of the ELP and conflict with policies SP2, SP5, SP13 the adopted CSLP. Does not represent the limited growth anticipated for Hambleton in the plan.
· Character and Appearance - Not well related to the development limits, disproportionate addition, transformative impact to the landscape contrary to CSLP Policies SP18, SP19 and SDLP Policies ENV1, ENV15, ENV20 and the NPPF
· Highway Safety - Note the Highway Authority concerns regarding access via Foxglove Way, inadequate pedestrian access, and requests for further information regarding accidents and highway safety. Consider insufficient evidence to demonstrate compliance with CSLP Policy SP19, SDLP Policies ENV1 and T1 and the NPPF.
· Accessibility - CSLP Policy and the NPPF advise development should be accessible, facilitate sustainable access modes including public transport, walking and cycling limiting the need to travel. Hambleton has some limited services but limited public transport and the community is reliant upon travel by car. Conflict with CSLP Policy SP19, SDLP Policy T9 and the NPPF.
· Infrastructure provision- Despite financial contributions the PC has concerns about deliverability of additional places in the existing primary school.
7.3. NYC Arboriculture: Support making the Oak trees on the western boundary part of the POS to avoid conflict of large trees overhanging small garden plots and construction within the RPA’s.
7.4. NYC Archaeologist: Following submission of a geophysical Survey in January 2024, there are no objections or comments. No conditions advised.
7.5. NYC Conservation: The only heritage asset in proximity to the site is the Grade II Church of St Mary. The development would not harm the churches setting or significance.
7.6. NYC Contamination: Phase 1 report and proposed site investigation is acceptable. Conditions are recommended for investigation of land contamination; submission of a remediation strategy; verification of remediation works; and reporting of unexpected contamination.
7.7. NYC Ecology: The latest BNG metric and associated plan confirms that the site is likely to be able to secure 10.90% uplift for area-based habitats and 21.58% for hedgerows. Recommend a CEMP and long term LEMP are submitted for approval by condition.
7.8. NYC Environmental Health: The introduction of residential receptors in such proximity to rail and highway infrastructure creates a potential for amenity noise impacts for prospective residents. Recommend a condition to ensure Design criteria for internal and external noise impacts should be taken from BS 8233:2014 ‘Guidance on sound insulation and noise reduction for buildings’. To minimise the impacts on residents during construction from potential noise, dust & vibration and piling, further conditions are recommended.
7.9. NYC Fire and Rescue Service: No observations. Will reserve comment to the Building Regulations stage.
7.10. NYC Highways: Satisfied that the proposed development is acceptable in principle and that the residual cumulative highway impact can be appropriately mitigated. S106 Contributions are requested for the Selby Local Cycling & Walking Infrastructure Plan at £1,350 per dwelling as the development places additional demands on the infrastructure. Contributions also required for the A63/A162 Roundabout Mitigation (northern layby widening) at £1000 per dwelling. This is based on a review of the capacity at the A63/A162 junction which concluded that the enhanced mitigation including the extended A162(N) flared entry is required to accommodate cumulative development. The funding requested forms part of a wider package to support its delivery. The Travel Plan requires a contribution for monitoring (S106) and minor updates to align with NYC’s 2023 Travel Checklist- this can be secured by condition. Other Conditions are advised.
7.11. NYC Housing officer: The scheme proposes 11 units which equates to 10% Affordable Housing, which is in line with policy because it aligns with the most up to date viability evidence that supported the now withdrawn emerging local plan. Tenure split and Property type to be based on Councils latest evidence of local need in the form of the HEDNA (2020). Expect a minimum of 10% AH ownership. For rented accommodation both social and affordable rent are required. Recommendation provided for size of units, allocation and appearance, contact with Registered provider, local lettings criteria.
7.12. NHS Humber and North Yorkshire Integrated Care Board (ICB): The proposed development will generate approximately 264 residents and increased demand on existing services. The directly impacted practices within 2 miles are Tadcaster and Rural Selby PCN: South Milford Surgery – Thorpe Willoughby Branch. A developer contribution via a S106 agreement would fund works at the named practice and/or contribute towards a new development related to the Primary Care Network (PCN) that will accommodate the additional population created by the proposal. The ICB calculate the level of contribution required in this instance to be £129,662 for up to 110 dwellings.
7.13. NYC landscape: Design advise given on illustrative masterplan as a guide for reserved matters coming forward. Support the provision of a parameters plan to secure landscape infrastructure and carry forward to reserved matters. Recommend the western POS be increased slightly in length southwards to provide robust protection of the full RPA area of all the trees.
7.14. NYC Lead Local Flood Authority (LLFA): The submitted documents demonstrate a reasonable approach to the management of surface water on site. It is understood that soakaway tests will be carried out during Phase 2 site investigation and used to verify whether infiltration is feasible for the site.
7.14 North Yorkshire Police: 14/4/2023 The response provides an overview of national and local policy, crime statistics, and provide design guidance. The guidance given is intended to ensure the development provides a safe and secure environment by reducing opportunities for crime and anti-social behaviour. Concludes that the D&A statement clearly shows crime prevention has been considered. The illustrative masterplan is to be commended.
7.15. NYC Strategic Planning, Children and Young People's Service: Developer contributions will be required for funding Primary School shortfall of 27.5 places, Secondary education short fall of 14.3 places, Special Needs and disabilities (SEND) provision and Early years pre-school provision of 1.5 places. Total calculation £989,609.60.
7.16. NYC Waste and Recycling makes comments about the design requirements of roads for bin collections. Sets out storage requirements for waste and recycling, which the developer is required to purchase.
7.17. Active Travel England: No comments
7.18. Internal Drainage Board (Shire Group): Generic drainage advice is provided relation to management of increased surface water, and it would have no objection to surface water being discharged to mains sewer provided the Water Authority are satisfied. Conditions recommended for the timing of onsite restricted flow measures to be in place.
7.19. Yorkshire Water: No Response received. (Reconsulted May 2025).
Publicity and Local Representations
7.20. The application was advertised by local site notices (19.01.2024) and press notice in the Selby Times (25.01.2024). 39 letters of representation have been received. 3 letters, include 28 objections and 1 letter of support (no reason given). A summary of the comments is provided below, however, please see website for full comments.
Grounds of Objections
Principle of the development
- The 3 Hambleton cases should be assessed together for overall impact. Combined they make a disproportionately large population increase for the village - conflict with CSLP Policies SP2 & SP5
- Village limits should be adhered to
- Conflicts with Green Belt Policy
- Should develop alternative brownfield sites in Selby
- Heronby would be a better place for all the houses
Road Safety Issues
- One main access route (Snowdrop Rise/Foxglove Way) is not enough - will create a problem at peak times. Such a large estate should have a second access road
- Hard to cross the A63- no crossing- more children
- A63 too busy-Hard to join A63 from side roads- too busy- more houses will exacerbate
- Emergency access needs bollards
- Concerns for disabled child over changes to safety of existing quiet street and access for transport
Infrastructure, services and facilities
- Lack of facilities and services in village
- Public Transport poor - increased commuting by car to get to work and to services and facilities
- Primary school and nurseries at capacity
- Infrastructure overload - sewage, drains electric
- Site flooding
- Limited local employment opportunities
Construction Concerns
- Construction - concerns over hours of working, noise, construction traffic disturbance
- Pollution and poisoning from construction machinery
Design
- Design is an anywhere design – not suitable for rural village
- Existing estate footpath in disrepair
- Not enough street lighting at front of existing estate
- Problems with existing estate standards/ incomplete
Ecology
- Adverse effect on wildlife/wildlife surveys are flawed
- Adverse effect on character of area through loss of hedgerows and grassland
Other
- Cemetery is getting full, and this site was seen as the natural place for an extension
8.0 Environment Impact Assessment (EIA)
9.0 Main Issues
9.1. The key considerations in the assessment of this application are:
- Housing Mix
- Affordable housing
- Loss of agricultural land
- Character and Appearance of the area
- Flood risk, drainage and climate change
- Access, transport and highway safety
- Impact upon nature conservation, protected species and ancient woodland
- Contaminated land and ground conditions
- Residential amenity, Noise and air pollution
- Heritage
- Developer Contributions/S106 Agreement
- Minerals
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. The Core Strategy designates Hambleton as a Designated Service Village (DSV). Core Strategy paragraph 4.12 states “villages which are considered capable of accommodating additional limited growth have been identified as ‘Designated Service Villages’”. With regard to Designated Service Villages (DSVs), paragraph 4.27 states
“The overriding strategy of concentrating growth in Selby and to a lesser extent in the Local Service Centres means that there is less scope for continued growth in villages on the scale previously experienced. However, there is insufficient capacity to absorb all future growth in the three towns without compromising environmental and sustainability objectives. Limited further growth in those villages which have a good range of local services (as identified above) is considered appropriate”.
10.4. The site lies outside the Development Limits for the settlement of Hambleton as defined in the Selby District Local Plan (2005).
10.5. 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.”
10.6. 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.
Housing Supply Requirements
10.7. 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). Policy SP5 is out of date and therefore carries no weight because the housing need figure it contains is not calculated based on the required standard method. As such applications are required to make decisions in accordance with Paragraph 11d of the NPPF (December 2024).
10.8. Paragraph 11d states that in terms of decision-making and the presumption in favour
of sustainable development:
“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”
10.9. 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”. These do not apply to the application site.
10.10. 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 is in a sustainable location on the edge of a Designated Service Village, and it is making effective use of the land in terms of the proposed density of development which is also delivering 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.
10.11. The application site was identified as a draft allocation in the 2024 Reg 19 publication version of the emerging Local Plan. The draft allocation had a reference of HAMB-F in Policy HG1 and detailed an indicative capacity of 103 dwellings along with a series of other site requirements. This was one of 3 draft allocations for Hambleton. The larger draft allocation HAMB-A (6.39 Ha) known as Manor Farm was permitted at appeal in January 2025 under reference 2022/0665/OUTM (APP/U2750/W/24/3347885). A full application on the smaller allocation HAMB-N (2.62 Ha) for 62 dwellings was approved subject to conditions and the prior completion of a S106 Agreement at Selby & Ainsty Planning committee on 16th April 2025.
10.12. Work on the Local Plan ended on the 26th of February and the draft allocations and policies no longer hold any status as part of an emerging development plan. Consequently, they would not be able to have weight attributed to them, but some weight may be able to be given to the evidence base. The refence to HAMB-A is included as it is referred to in the representations, planning documents and consultation responses.
10.13. Work on the Local Plan ended on the 26th of February and the draft allocations and policies no longer hold any status as part of an emerging development plan. Consequently, they would not be able to have weight attributed to them, but some weight may be able to be given to the evidence base.
Sustainability
10.14. 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.
10.15. In respect of sustainability, the site abuts the existing built-up form of the village bounded by the Taylor Wimpey development to the South and the dwellings on Station Road to the West. The settlement provides some facilities which include a small convenience store, a primary school, 2 public houses, a village hall and places of worship. Despite the application site being outside of the Development Limits, these services are reasonably accessible on foot. They are not extensive though and the objection letters and issues raised in the consultations note that there is no health provision in the village, education above primary school level is not available, and the shop does not cater for more extensive retail needs. There are also few opportunities for employment, entertainment and restaurants/takeaways. Inevitably, for these facilities, residents would need to travel by car further afield to larger nearby settlements around. Bus services in the village is limited with, a bus in each direction every 2 hours or so through the working day, and no mid/late evening or Sunday service. New growth does however present opportunities for new investment. The highway section of the report also explains how the proposal will contribute towards enhancing the walking and cycle route and improvement to the A63/A162 roundabout.
10.16. Paragraph 8 of NPPF 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, at the heart of the framework is the presumption in favour of sustainable development (Paragraph 11)”.
10.17. It is noted that the following benefits would arise from the proposed development:
Economic
The proposal would generate employment opportunities in both 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 economy through supporting the existing local facilities and increasing the demand to sustain existing services. The proposals could enhance provision of local workforce for the businesses, although this will depend upon potential employee skill matches and vacancy requirements.
Social
As well as market housing the proposal will deliver 10% affordable housing units 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 mitigation. 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
The proposal can consider environmental issues such as climate change ecology / biodiversity and will deliver environmental benefits in the form of open space provision. Proposals would provide housing outside the boundaries of the Designated Service Village, but this is one of the most sustainable settlements in the former district a sustainable settlement in the district within proximity to other designated service villages and Selby town centre. Therefore, providing opportunities for shorter travel to work distances. In addition, the scheme will contribute to the Local Cycling & Walking Infrastructure Plan (LCWIP). This aims to provide a dedicated lit cycleway between the village and Selby which, although at a relatively early stage is sufficiently advanced to have reasonable prospects of implementation to be available for future residents.
10.18. The site is in a sustainable location (on the edge of a Designated Service Village) and given that Paragraph11d is engaged, as a result of the housing land supply position, development on the site is considered acceptable. On this basis, the relevant material factors to be taken into consideration in weighing up whether to release this safeguarded land includes the Council’s position on housing land supply to date and whether it is acceptable to allow for more development, taking into specific account the sustainability of the settlement and whether it is appropriate, given the time period since its designation.
10.19. Although the Council has ceased work on the ELP and draft allocation and policies no longer hold status as part of an emerging plan and they cannot be afforded weight based on them being part of the process, this site is part of a potential future allocation (HAMB-F). Taking all these factors into account in applying the planning balance in considering the principle of development of the site, there are significant considerations that weigh in favour of the proposal, and it is concluded that the location of the site is appropriate for residential development in respect of current housing policies on housing land supply and the guidance and sustainability contained within the NPPF (December 2024). Obviously, as noted above, no weight can be afforded to the ELP and the sites identification as a potential allocation in this plan. The site is meeting the requirements of HAMB-F in terms of the extent of affordable housing provision i.e. 10%, education contributions, and through the reserved matters in the context of the parameters plan can meet the design-based elements and highways/ pedestrian linkages.
10.20. The proposal would provide up to 110 dwellings to boost the 5-year housing land supply and would provide economic, social and environmental benefits. All the above factors weigh in favour of the development.
Previous levels of growth
10.21. CS Policy SP5 designates levels of growth to each of the 3 main towns, the group of Designated Service Villages and the Secondary Villages based on their infrastructure capacity and sustainability. There has been growth in Hambleton, however, in the context of the increase of housing land requirements arising from the NPPF then there is a need to release more sites for development, which are deemed to be a sustainable location. This 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 Designated Service Village 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.
Deliverability
10.22. In terms of deliverability, the application seeks outline consent, and the applicants have confirmed that they will be seeking to bring the site forward for development should permission be secured. Ultimately, the NPPF aims to boost and maintain the supply of housing, and this is a material consideration when evaluating planning applications.
Section 149 of The Equality Act 2010
10.23. 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.
10.24. 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 and could in the longer term have a positive effect.
Conclusion on the Principle of the Development
10.25. Policies SP2 and SP5 are the most important for determining the application and are of limited weight because the LPA cannot demonstrate a five-year supply of deliverable housing sites. Furthermore, Policy SP5 is out of date because the housing need figure it contains is not calculated based on the required standard method.
10.26. The proposal would be the release a greenfield site for development which is outside of development limits. It would therefore conflict with the fundamental aims of Policies SP1 and SP2 of the Core Strategy. However, significant weight is given to the Council’s lack of a 5-year housing land supply and the engaged tilted balance of Paragraph 11d.
10.27. Objectors raise concerns that this is Green Belt land. It is outside of the village development limits in countryside but is not Green Belt. Regarding, the suggested alternative sites, the Council must consider the application before them here on its merits.
10.28. The hierarchy outlined within Policy SP2 itself remains soundly based on an understanding of the role and function of different settlements within the former District. However, continued strict application of Policy SP2A(c), which prevents market housing outside development limits in the countryside, would not allow the LPA to meet the identified local housing needs. Furthermore, the weight afforded to Policy SP2 is diminished as it does not include the more nuanced approach to the consideration of development that is found in the NPPF. Thus, although it serves as a useful guide for the sustainability of settlements enabling the Council to still resist development in the least sustainable locations, during this period where the Council does not have a 5-year land supply, the strict application and locational limitations of SP2 c) and SP4 should be given limited weight.
10.29. The applicants have indicated that the development can be delivered with commencement within 6 months from approval of reserved matters. The development of the site will therefore deliver a number of socio-economic benefits to Hambleton and the wider Selby/North Yorkshire area alongside making an important contribution to the Council’s ongoing 5-year housing land supply requirements. These are anticipated to be within 5 years of the approval of the planning application,
10.30. There remains a requirement to consider the impacts of the development and whether any adverse impacts would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF taken as a whole, having regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes.
Housing Density and Mix
Density
10.31. Saved Policy H2B of the Local Plan states “Proposals for residential development will be expected to achieve a minimum net density of 30 dwellings per hectare in order to ensure the efficient use of land. Higher densities will be required where appropriate particularly within the market towns and in locations with good access to services and facilities and/or good public transport. Lower densities will only be acceptable where there is an overriding need to safeguard the existing form and character of the area or other environmental or physical considerations apply”.
10.32. Core Strategy paragraph 7.80 states “The quality of design in its local context is more important than relying on a minimum housing density figure to benchmark development……. Therefore, the Council does not propose to set a development density figure in this strategic plan”. Policy SP19 states residential development should “Positively contribute to an area’s identity and heritage in terms of scale, density and layout”.
10.33. NPPF footnote 9 requires consideration of NPPF paragraph 129 which requires “Planning policies and decisions should support development that makes efficient use of land, taking into account: (a) the identified need for different types of housing and other forms of development, and the availability of land suitable for accommodating it; (b) local market conditions and viability; (c) the availability and capacity of infrastructure and services – both existing and proposed – as well as their potential for further improvement and the scope to promote sustainable travel modes that limit future car use; (d) the desirability of maintaining an area’s prevailing character and setting (including residential gardens), or of promoting regeneration and change; and (e) the importance of securing well-designed, attractive and healthy places.”
10.34. Paragraph 130 encourages consideration of minimum densities “where there is an existing or anticipated shortage of land for meeting identified housing needs”.
Mix
10.36. Policy SP8 Housing Mix states “All proposals for housing must contribute to the creation of mixed communities by ensuring that the types and sizes of dwellings provided reflect the demand and profile of households evidenced from the most recent strategic housing market assessment and robust housing needs surveys whilst having regard to the existing mix of housing in the locality.” NPPF paragraph 64 seeks to create mixed and balanced communities through affordable housing provision. This policy is consistent with the NPPF and is given significant weight.
10.37. Paragraph 10.36 of the Housing and Economic Development Needs Assessment (HEDNA) (October 2020) states: “The ‘market’ is to some degree a better judge of what is the most appropriate profile of homes to deliver at any point in time, and demand can change over time linked to macro-economic factors and local supply.” The wording of the HEDNA intends to provide an element of flexibility in the precise mix put forward within applications. The table below from the 2020 HEDNA shows the need for sizes of homes per tenure type.
10.38. The application does not confirm the precise housing mix given the outline nature of the application. Therefore, in order to prevent a pronounced overprovision of a single house type and to secure a mixed and balanced community, a condition is required to ensure the precise housing mix is submitted with the reserved matters application and agreed by the LPA in order to comply with Policy SP8 and the HEDNA.
Self-Build, M4 (3) and Nationally Described Space Standards NDSS
10.40. The Self-build and Custom Housebuilding Report December 2024 shows, on 30th October 2023, there were 39 individuals on the Selby register. The report also says 188 plots were permissioned between 1 April 2016 and 30 October 2023. However, there is some uncertainty going forward as to whether these permissions would count against need because the most recent appeal decisions show a need to secure self and custom build by S106 for it to count. It is prudent to consider there is a significant unmet need in the area and the 3% of all plots as self or custom build suggested in the emerging Selby Local Plan is a reasonable suggestion to secure an appropriate housing mix.
10.41. The applicants have confirmed agreement to provision of M4(3) units and Self build / custom build plots as part of the scheme and this can be controlled via a condition with the Self/Custom Build secured via the S106 and a mix of types can be considered at the reserved matters stage. This is considered acceptable.
Affordable Housing
10.42. Policy SP9 Affordable Housing seeks to achieve a 40/60% affordable/general market housing ratio within overall housing delivery; in pursuit of this aim, the Council will negotiate for on-site provision of affordable housing up to a maximum of 40% of the total new dwellings on all market housing sites at or above the threshold of 10 dwellings (or sites of 0.3 ha) or more; 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.
10.43. The Developer Contributions SPD (2007) contains a section called “affordable housing for local needs” which is considered to have been superseded by the Affordable Housing Supplementary Planning Document (2014). The Affordable Housing SPD states “1.4 The latest Strategic Housing Market Assessment (2009) (“SHMA”) identifies the scale of need for affordable housing in the District over the Local Plan period. The SHMA establishes an overall target of 30-50% intermediate housing and 50-70% social rented housing. To meet identified need, affordable housing needs to be the right kind of housing in the right locations. Following the introduction of the Government’s Affordable Rent category, the Council will be gathering evidence to establish the identified need and tenure split of rented housing. This will be set out through a combination of this SPD, future Strategic Housing Market Assessments (SHMAs) and future development plan documents (as appropriate).………….6.3 Negotiations on affordable housing provision on specific sites will also be informed by any further up to date evidence, which will include the latest Strategic Housing Market Assessment (SHMA), current information from the Selby District / North Yorkshire Housing Register, and evidence of existing affordable housing provision in the locality, including the Census 2011.”
10.44. There is a Strategic Housing Market Assessment Update dated February 2019 but this has been overtaken by the more recent Housing and Economic Development Needs Assessment October 2020. Pages 13-15 and 125 of the HEDNA state:
· “When looking at the need for affordable homes to rent, we suggest a need for 141 affordable homes per annum.”
· “The majority of the rented need is for social rented housing, although there is also a role for affordable rent.”
· “It is not recommended that the Council have a rigid policy for the split between social and affordable rented housing.”
· “There are some households likely to be able to afford to rent privately but who cannot afford to buy a suitable home. However, there is also a potential supply of homes within the existing stock that can contribute to meeting this need. It is thus difficult to robustly identify an overall need for affordable home ownership products.”
· “If the Council does seek to provide 10% of housing as affordable home ownership (the default figure suggested in the NPPF), then it is suggested that shared ownership is the most appropriate option. This is due to the lower deposit requirements and lower overall costs (given that the rent would also be subsidised).”
· “There is no basis to increase the provision of affordable home ownership above the 10% figure currently suggested in the NPPF and indeed does provide evidence that the 10% figure could be challenged if the Council wished to do so.”
· “However, it does seem that many households in Selby are being excluded from the owner-occupied sector. The analysis would, therefore, suggest that a key issue in the District is about access to capital (e.g. for deposits, stamp duty, legal costs) as well as potentially mortgage restrictions (e.g. where employment is temporary) rather than simply the cost of housing to buy.” (page 125).
10.45. NPPF paragraph 65 permits affordable housing to be sought on major developments such as this. NPPF footnote 9 requires consideration of Paragraph 66 which expects that the mix of affordable housing required meets identified local needs, across Social Rent, other affordable housing for rent and affordable home ownership tenures. Footnote 31 states “The requirement to deliver a minimum of 25% of affordable housing as First Homes, as set out in ‘Affordable Homes Update’ Written Ministerial Statement dated 24 May 2021, no longer applies. Delivery of First Homes can, however, continue where local planning authorities judge that they meet local need.”
10.46. Policy SP9 provides a broad basis for securing affordable housing and is consistent with the NPPF. The Selby Local Plan and CIL Viability Assessment (August 2022) indicates 10% affordable housing should be sought for this area.
10.47. Affordable housing and viability matters were explored in an appeal decision dated 30th January 2025 for a site in Hambleton reference APP/U2750/W/24/3347885 (appendix C). The inspector set out:
· The maximum 40% affordable housing in Policy SP9 is derived from an assessment in around 2009.
· However, in 2022 evidence was prepared on behalf of the Council by Aspinall Verdi consultants (Selby Local Plan & CIL Viability Assessment (2022) to inform Policy HG7 in the emerging Selby Local Plan, and this says it considers a greenfield delivery of 20% affordable housing to be viable in that area of Thorpe Willoughby.
· Core Strategy Policy SP9 could be read as requiring developers to provide 40% affordable housing unless they can show a lesser amount is justified. However, given the recentness of the evidence in the Aspinall Verdi report when compared to that informing the Core Strategy, the Inspector considered this report constitutes a material consideration to which was given significant weight in his assessment of affordable housing delivery, as it better reflects the current situation. Having said that, Core Strategy Policy SP9 seeks ‘up to a maximum’ of 40% affordable housing, so acknowledging a lesser amount could be acceptable. As such, if viability evidence was forthcoming to show accord with the Aspinall Verdi report, the resultant level of delivery would not be contrary to Core Strategy Policy SP9.
· The appellants viability appraisal showed with an 18% profit, 10% affordable housing was viable. The Council considered 30% affordable housing was viable due mainly to differing opinions regarding gross development value and abnormal costs.
· Such appraisals involve subjective judgements. Neither is necessarily wrong. The appellants proposal of 10% would be in line with the Aspinall Verdi report. That report did not say 10% is the starting point for negotiations for a higher percentage. Such an approach would remove any certainty or confidence from the process.
· The Inspector favoured the appellants use of historic sales values from the specific settlement, adjusted by index linking, rather than those from nearby villages.
· The Inspector found in favour of the appellants approach to viability.
· The Inspector dismissed the Council suggestion that affordable housing levels be revisited at reserved matters stage because there would be no need to have undertaken such work at outline stage and in his opinion delivery rates are matters better resolved when outline permission is sought, to bring a degree of certainty to the developer as they move forward.
10.48. The same matter was considered in an appeal decision dated 20th February 2025 (Appendix D) at land east of Broadacres, Mill Lane, Carlton reference APP/U2750/W/24/3347833. The Inspector considered “11. Overall, though I note that the appellant and the Council have commissioned viability assessments which both suggest more than 10% is achievable, I consider that only a 10% contribution is necessary to meet policy SP9 in this regard. This would accord with the conclusions of the recent appeal where the Inspector Ref: APPU2750/W/24/3347885 considered that there is nothing in the Aspinall Verdi report to suggest 10% should be the starting point from which negotiations for a higher figure should begin. In addition, an appeal decision relating to a development in Hemingbrough noted that although SP9 required a maximum of 40%, the 20% provided by the development would be acceptable as it would reflect the ELP informed by the Viability Report. There is no suggestion in that decision that it was necessary to demonstrate if a greater proportion could be achieved.”
10.49. The application proposes 10% affordable housing. Affordable housing should be secured as percentages given the outline nature of the proposal means the final number of dwellings may change at reserved matters stage. The new NPPF does not require First Homes, but it is possible for applicants to propose them. In light of the recent appeal decisions, it is considered appropriate to accept the proposed 10% affordable housing because it aligns with the most up to date viability evidence that supported the now withdrawn emerging local plan. This is in accordance with Policy SP9.
10.50. Overall, affordable housing policy requirements are as follows;
· 10% affordable housing with a tenure split of 65% affordable rent and 35% shared ownership.
10.51. The applicant has agreed these percentages. A S106 agreement will secure this affordable housing.
10.52. Any reserved matters application would be expected to accord with the full requirements of the HEDNA and including that the affordable homes are indistinguishable from the market housing, being distributed across the site and integrated with the scheme design and layout. A scheme for affordable housing to be submitted as part of any application for reserved matters. A S106 legal agreement will secure the detail of this affordable housing at reserved matters stage.
Loss of Agricultural Land
10.53. The site is used for arable agricultural purposes. Policy SP18 of the Core Strategy seeks to sustain the natural environment by steering development to areas of least agricultural quality. NPPF paragraph 187 states that decisions should contribute to and enhance the natural and local environment by b) recognising the intrinsic character and beauty of the countryside, and the wider benefits from natural capital and ecosystem services – including the economic and other benefits of the best and most versatile agricultural land. Policy SP18 is consistent with the NPPF and is given significant weight.
10.54. Agricultural land is classified using grades 1, 2, 3a, 3b, 4 and 5. 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 is entirely grade 2 to 3 ‘good / good to moderate’ agricultural land. The application does not include an agricultural land quality assessment. The site is assumed to be BMV. The application site, at 5.15 hectares, is below the 20-hectare threshold within The Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) above which Natural England is a statutory consultee for the loss of best and most versatile agricultural land. 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. Harm arising from the loss of agricultural land is conflict with Core Strategy Policy SP18 and NPPF paragraph 187 b) needs to be weighed in the planning balance.
Character and Appearance
10.55. SDLP Policy ENV1 requires the effect of new development on the character of the area and the standard of design in relation to the site and its surroundings to be taken into account when considering proposals for new development.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. Policy SP19 requires residential development to “Incorporate new and existing landscaping as an integral part of the design of schemes, including off-site landscaping for large sites and sites on the edge of settlements where appropriate”. NPPF paragraph 135 sets a number of criteria to achieve high quality developments. NPPF Paragraph 187 planning decisions are encouraged to contribute to and enhance the natural and local environment by, inter alia, recognising the intrinsic character and beauty of the countryside.
10.56. NPPF footnote 9 requires consideration of paragraph 135 which requires planning decisions should ensure that developments are sympathetic to local character and history, including the surrounding built environment and landscape setting, provide effective landscaping, while not preventing or discouraging appropriate innovation or change (such as increased densities). Paragraph 139 resists bad design and supports good design.
10.57. The Selby Landscape Character Assessment (November 2019) identifies Hambleton and the application site within landscape character area 14 Hambleton Sandstone Ridge with key characteristics including being characterised by two low but distinct and densely wooded hills: Brayton Barff; and Hambleton Hough, which offer panoramic views and are individually designated as Locally Important Landscape Areas for their distinct character and value as recreational resources. Management guidelines for the area include that housing development around Hambleton should be sensitively sited and designed to respect the setting of Brayton Barff, and to not significantly impact on views from these hills. These hills are located some distance to the south and east of the application site. From these the proposed development would be beyond the existing built-up area of Hambleton and would not therefore intrude upon their immediate surrounding views.
10.58. The Selby District Landscape Sensitivity Study (October 2021) attributes a landscape sensitivity rating which for Hambleton land north of the A63, it is of low to moderate sensitivity. The site is within assessment parcel ‘HA2’ of this study which is low lying with limited topographical variation. The Selby railway line crosses the land to the north and the assessment acknowledges that there are no PRoW’s within this zone and some visual enclosure is evident at Scalm lane. Development of the Parcel would dictate that Hambleton would still be contained by the corridor of the Selby Rail Line, limiting perceptions of expansion of the settlement to the north. It notes that land adjoining existing settlement edge would be the least sensitive to development.
10.59. The application site comprises one large fairly flat arable agricultural field with an existing suds basin in the southeast corner which serves the estate to the south. There are intermittent low hedgerows to the north and east boundaries. The south abuts the modern housing estate with typical urban boundaries. The west adjoins the rear gardens of properties on Station Road within which, are a number of mature Oak trees overlapping the site and mature hedgerow. A revised illustrative masterplan and a new parameters plan were requested to remove the dwellings indicated to back on to these mature trees and hedgerows and to incorporate this western area into a new open space area.
10.60. The development would inevitably result in the loss of a large open field on this side of the settlement. However, the effects in this location would be limited with view being more localised. there would be no adverse effect on views from either of the two elevated Locally Important Landscape Areas at Brayton Barff and Hambleton Hough in the wider landscape. The parameters plan provides for a 10-metre buffer zone beyond the public open space areas. With the landscape buffer and green space proposed around the sites northern and eastern sides, there would be beneficial changes to landscape character in the longer term once this buffer became established. It would also improve the setting to the existing estate development south of the site.
10.61. The NYC Landscape Architect raises no concerns with the principle of the development and the resulting landscape and visual impact. It is advised that the POS are on the west side is increased slightly further south to ensure the southern oak tree is not contained within root protection areas or future garden areas of dwellings. This can be dealt with through the reserved matters stage. The D&A statement indicates that the sites hedgerows are to be retained and enhance to form visual and acoustic screening.
10.62. In general terms, the application site does not play a significant role in the setting of the village and its development would read as a natural extension to it. The site is not widely visible form the north being contained by the railway line. It is of low to moderate sensitivity, that visual impacts would be only limited and localised, and that landscape character effects would be localised and limited, with the potential landscaping scheme likely to reduce the residual effect. Moreover, it would provide a new landscaped edge to the settlement beyond the existing Taylor Wimpey site which currently ends abruptly adjoining the application site presenting a harsh urban edge with little or no landscaping to its northern edge.
10.63. The planning statement suggests with regards to the northern and eastern edges of the proposed development area, “these will be sensitively designed to ensure that the proposals seek to integrate with the retained open fields adjacent to the site. The density of the development will be reduced on these edges to ensure that the development integrates with the wider landscape character of the area”. Lower density housing is proposed in the northern section with medium density in the central and southern section. Net density is indicated to be circa 30 dwellings per hectare which is slightly above the indicative capacity of the former allocation within the now withdrawn eLP. No details are given at this stage of housing types or heights although the indicative plan suggests detached semi-detached properties. Given the openness of the site and the time it will take for landscaping to become established and effective it is considered that the dwellings should be two storey height only. The storey height and broader design of the proposal will be considered at reserved matters stage.
10.64. Submitted “Technical Note Title: Tree Constraints & Outline Design” shows the significant trees and hedgerows on and around the site are restricted to the site boundary. It is possible to ensure their retention and appropriate consideration as part of the reserved matters application, aside from the northern boundary hedgerow which will require removal to facilitate access and highway works, and a replacement planted.
10.65. Overall, subject to approval of reserved matters, the proposed development could integrate well with the existing settlement fringe and with a robust landscaping scheme could provide a new transition between the urban and rural areas. The detailed design details will be the subject of reserved matters approval. The proposal would not result in significant harm to the character and appearance of the area subject to conditions. The limited harm identified should be weighed in the planning balance.
Flood risk, Drainage
10.66. NPPF paragraph 170 requires “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.” NPPF paragraph 173 requires a sequential risk-based approach should also be taken to individual applications in areas known to be at risk now or in future from any form of flooding. The proposal does not benefit from the exemption in NPPF paragraph 175. The aim of the sequential test is to steer new development to areas with the lowest risk of flooding from any source. The development plan policies are consistent with the NPPF and are given significant weight.
10.67. The site is in flood zone 1 (low risk) and is not at risk from river and sea flooding with or without defences or surface water flooding even accounting for climate change.
10.68. The application is accompanied by a flood risk assessment report (Align Property Partners September 2023). This considers surface water management flood risk characteristics of the existing site, potential sources of flooding and defines a drainage strategy for the site. There is no existing formal drainage system within the development site boundary. A watercourse exists off Scalm Lane to the northwest of the site and there is existing drainage infrastructure within the Phase 1 parcel of the development to the south.
10.69. Surface water attenuation will be provided on site in the form of an attenuation tank and open pond storage as shown on the updated illustrative Masterplan. The attenuation will be designed to cater for up to a 1 in 100-year storm with 10% urban creep and 50% climate change allowance. Foul drainage is expected to go to mains sewer via a pumping station located northwest of the site to Yorkshire Water’s existing apparatus is to be sought near Foxglove Way Close (to be confirmed from Yorkshire Water (YW)). As this is an outline application and detailed layout is not for consideration, conditions will be necessary to ensure that requirements can be met.
10.70. YW have not responded to date. However, as a ‘belt and braces’ a further consultation request to YW has recently been sent which expires on 10 June 2025. An update will be given at the meeting as further conditions may be required. However, it is noted that pre-application correspondence between the applicants and YW is provided within the FRA which indicated that there should be separate systems for foul and surface water drainage and did not reveal anything negative. The Lead Local Flood Authority is satisfied that the proposed surface water drainage arrangements demonstrate a reasonable approach to the management of surface water on the site and makes no further comments.
10.71. The generic drainage advice of Internal Drainage Board (Shires Group) is noted, including that it would have no objection to surface water being discharged to mains sewer provided the Water Authority are satisfied. Given that the proposed drainage scheme is for an indicative proposal, a comprehensive surface water drainage condition is required to appropriately serve the final reserved matters. Comprehensive foul and surface water drainage conditions would capture these matters.
10.72. Subject to no objections from Yorkshire Water which would warrant further consideration and the conditions mentioned above plus any further conditions advised by YW, it is considered the proposals are acceptable in terms of their impact on flood risk and drainage in accordance with the overarching principles set out in the Core Strategy and national planning policy contained within Chapter 14 of the NPPF.
Access, Transport and Highway Safety
10.73. Saved Policies ENV1(2), T1 and T2 of the Selby District Local Plan require development proposals to have a suitable access and no detrimental impact on the existing highway network. This accords with the NPPF, which requires development proposals to have a safe and suitable access and only supports refusal of development proposals on highway grounds if there would be an unacceptable impact on highway safety, or if the residual cumulative impacts on the road network, following mitigation, would be severe, considering all reasonable future scenarios (paragraph 116).
10.74. Core Strategy Policy SP15 requires the proposal should minimise traffic growth by providing a range of sustainable travel options (including walking, cycling and public transport) through Travel Plans and Transport Assessments and facilitate advances in travel technology such as Electric Vehicle charging points; and make provision for cycle lanes and cycling facilities, safe pedestrian routes and improved public transport facilities.
10.75. Core Strategy Policy SP19 requires the proposal to be accessible to all users and easy to get to and move through; and create rights of way or improve them to make them more attractive to users, and facilitate sustainable access modes, including public transport, cycling and walking which minimise conflicts.
10.76. Policy CS6 states “The District Council will expect developers to provide for or contribute to the provision of infrastructure and community facility needs that are directly related to a development, and to ensure that measures are incorporated to mitigate or minimise the consequences of that development”. The foreword to the policy states “It is equally important to ensure that, where appropriate, proposals for development incorporate measures to compensate for the consequences of development including off-site works. These may include the provision of traffic calming, footpath and cycleway links”.
10.77. The development plan policies are considered broadly consistent with the NPPF and are given significant weight.
10.78. The application form confirms approval is sought for access matters to the site. The primary pedestrian and vehicular entrance into the site is taken via an extension from the newly constructed Foxglove Way serving Phase 1 development to the south. This connects to the Main Road via a priority T-unction with ghost island right turn lane. A secondary, emergency access is proposed to the north of the site onto Scalm Lane, to be controlled by bollards which can double up as a pedestrian and cycle link. An indicate internal road arrangement is provided in the illustrative master plan (as amended) which provides for a variety of road types.
10.79. The application is accompanied by a Transport Assessment with supplementary assessment provided in September 24 to address NYC Highways comments regarding the traffic survey, committed developments and modelling. NYC Highways responded requiring junction capacity assessments to be re-run and tested to take on board a number of items raised to demonstrate there will not be an adverse impact on the existing highway users. Following receipt of further information, the NYC highways consider the following contribution necessary to mitigate the impacts of the development. These include contributions through a S106 for;
· Selby Local Cycling & Walking Infrastructure Plan- a sustainable travel improvement providing a cycle link from Hambleton to Thorpe Willoughby which can be used by occupants of the development and provide a more direct, safe method of travel for people not using a motor vehicle. Contribution of £1350 per dwelling required.
· Improvements to the A162/A63 roundabout (northern layby. Local plan background evidence indicates this roundabout to be at capacity and is therefore currently the subject of scrutiny as part of the Infrastructure Delivery Plan. Contributions of £1000 per dwelling are being south for all developments within a defined geographical area of the roundabout.
· Travel Plan Monitoring Fee: £2,500 (fixed fee for residential developments up to 150 dwellings)
10.80. Comparisons with other Council’s has highlighted that £1350 per dwelling contribution towards cycling is accepted and this amount was accepted in appeal P/U2750/W/23/3327616 in Brayton. The applicants have agreed to these contributions. Subject this the NYC Highways have raised no further objections and support the proposal subject to conditions. The condition relates to the delivery of offsite works (road markings and integration with phase 1), engineering drawings, road safety audit, revised travel plan, construction management plan, highway condition survey covering the A63 and Scalm Lane.
10.81. Both indicative links are considered essential to permeability, accessibility to public transport and emergency access in the event the primary access is blocked so a condition will require final design details are provided at reserved matters stage. The highway works for the proposed site access drawing can be conditioned.
10.82. The concerns from local residents regarding traffic generation and road safety are noted. However, the submitted Transport Assessment uses Personal Injury Collision (PIC) there are no inherent road safety issues with the current highway layout in the vicinity of the site.
10.83. A construction management conditions should alleviate residents’ concerns regarding construction traffic. The access, transport and highway safety implications of the proposal are acceptable subject to conditions and developer contributions secured by s106 agreement. The Highway authority raise no further objections.
Impact upon Nature Conservation, Protected Species and Ancient Woodland
10.84. Local Plan Policy ENV1 requires account is taken of the potential loss, or adverse effect upon, significant wildlife habitats. The foreword to Core Strategy Policy SP2 states the protection and enhancement of biodiversity and natural resources is a basic principle of national planning guidance, which can also influence the location of development. Policy SP18 seeks to protect and enhance the natural environment and NPPF paragraph 187 requires decisions should contribute to and enhance the natural and local environment by protecting and enhancing sites of biodiversity value in a manner commensurate with their statutory status or identified quality in the development plan; minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures
10.85. The Conservation of Habitats and Species Regulations 2017 (as amended) requires the LPA to determine if the proposal may affect the protected features of a habitats site before deciding whether to permit development. This requires consideration of whether the proposal is likely to have significant effects on that site.
10.86. NPPF paragraph 187 requires decisions should contribute to and enhance the natural and local environment by protecting and enhancing sites of biodiversity value in a manner commensurate with their statutory status or identified quality in the development plan; minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures. Paragraph 193 requires when determining planning applications, local planning authorities should apply the following principles: a) if significant harm to biodiversity resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused; c) development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons (For example, infrastructure projects (including nationally significant infrastructure projects, orders under the Transport and Works Act and hybrid bills), where the public benefit would clearly outweigh the loss or deterioration of habitat) and a suitable compensation strategy exists. Natural England and Forestry Commission ‘standing advice’ for ancient woodland emphasises this policy and requires consideration of direct and indirect effects. The advice notes the latter includes “increasing damage to habitat, for example trampling of plants and erosion of soil by people accessing the woodland or tree root protection areas; and increasing damaging activities like the impact of domestic pets”.
10.87. The development plan policies are consistent with the NPPF and are given significant weight.
10.88. The application includes a biodiversity net gain assessment technical note that sets out BNG is achievable on-site based on the illustrative masterplan and that an off-site area will be required to achieve 10% BNG. The NYC Ecologist considers the assessment indicates the proposal can deliver BNG but that calculations will need to be resubmitted at reserved matters stage. A condition will secure this.
10.89. The application includes an Ecological Assessment Report (EAR). The site is an arable field with minor habitats of low ecological value and few risks to protected/important species have been identified. A recommend that a Construction Environmental Management Plan (CEMP) (Biodiversity) and Landscape and Ecology Management Plan (LEMP) are submitted at Reserved Matters stage. The former should incorporate construction phase ecological mitigation measures recommended in the ecological appraisal. The latter should set out how new and retained habitats would be established, managed and monitored to ensure delivery of biodiversity net gain.
10.90. Due to the limited ecological value of the site, no significant adverse effects because of the proposed development have been identified. Therefore, no residual effects are anticipated and no cumulative or in combination effects will arise in relation to ecology as a result of the proposed development.
10.91. The proposal demonstrates ecological and protected sites impacts are acceptable in accordance with Policy ENV1 of the Selby District Local Plan, Policies SP2 and SP18 of the Core Strategy, the NPPF and the standing advice of Natural England.
Recreational Open Space
10.92. Policy RT2 requires the proposal to provide recreational open space at a rate of 60sqm per dwelling on the following basis “provision within the site will normally be required unless deficiencies elsewhere in the settlement merit a combination of on-site and off-site provision. Depending on the needs of residents and the total amount of space provided, a combination of different types of open space would be appropriate in accordance with NPFA standards.
10.93. The Developer Contributions Supplementary Planning Document 2007 provides further guidance on the provision of open space.
10.94. The NPPF at paragraphs 96 and 98 advises that decisions should aim to achieve healthy places which enable and support healthy lifestyles, especially where this would address identified local health and well-being needs for example through the provision of safe and accessible green infrastructure and the provision and use of shared spaces such as open spaces. Paragraph 103 reinforces the importance of access to open space, sport and physical activity for health and wellbeing. Policies should be based on robust and up to date assessment of needs and opportunities for new provision.
10.95. Policy RT2 is considered consistent with the NPPF and is given significant weight.
10.96. A proposal of up to 110 dwellings would need to provide 60sqm of open space per dwelling equating to 6,600 sqm or 0.66 Ha (1.6 acres). The parameters plan shows open space of 1.22 Ha and combined with the green buffer space amount to 1.59 Ha which is a slight shortfall. However, the site can accommodate this amount and the S106 can be utilised to secure the level of provision, implementation, ownership and maintenance of play areas and all recreational open space. Subject to this, these matters are acceptable and can be details can be secured through the S106 and the reserved matters scheme design.
10.97. A condition will require the reserved matters application to provide 60sqm of open space per dwelling. It is also considered necessary to condition a local area for play (LAP) for toddlers and younger children and a local equipped area for play (LEAP) to cater for slightly older children. A s106 will secure implementation, ownership and maintenance of play areas and all recreational open space. These matters are acceptable.
Contaminated Land and Ground Conditions
10.99. Core Strategy Policy SP18 seeks to protect the high quality of the natural and man-made environment by ensuring that new development protects soil, air and water quality from all types of pollution. This is reflected in Policy SP19 (k), which seeks to prevent development from contributing to or being put an unacceptable risk from unacceptable levels of soil or water pollution or land instability.
10.100. NPPF paragraph 187 requires decisions should contribute to and enhance the natural and local environment by: preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability; and remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate. Paragraph 198 requires decisions should also ensure that new development is appropriate for its location considering the likely effects (including cumulative effects) of pollution on health, living conditions and the natural environment, as well as the potential sensitivity of the site or the wider area to impacts that could arise from the development. In doing so Council’s should mitigate and reduce to a minimum potential adverse impact resulting from noise from new development – and avoid noise giving rise to significant adverse impacts on health and the quality of life. Paragraph 199 requires decisions should sustain and contribute towards compliance with relevant limit values or national objectives for pollutants, taking into account the presence of Air Quality Management Areas and Clean Air Zones, and the cumulative impacts from individual sites in local areas.
10.101. These development plan policies are consistent with the NPPF and are given significant weight.
10.102. The contaminated land consultant confirms the Phase 1 Ground Conditions Assessment is acceptable. The report recommends that a Phase 2 intrusive investigation is carried out to confirm the site’s condition and its suitability for residential use. Conditions are recommended regarding investigation of contaminated land; submission of a remediation strategy; verification of remediation works; and reporting of unexpected contamination.
10.103. In light of the above and subject to suitable conditions, it is considered that the proposal would not breach Convention rights contained in the Human Rights Act 1998 in terms of the right to health and right to private and family life.
Residential Amenity including Noise, Odour, vibration and pollution
10.104. Relevant policies in respect of the effect upon the amenity of adjoining occupiers include Policy ENV1. Significant weight is given to this policy as it is broadly consistent with NPPF paragraph 135 (f) which seeks to ensure a high standard of amenity for existing and future users.
10.105. 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.
10.106. The application site is located in the countryside on the edge of Hambleton and there are residential dwellings to the south and west. It will be possible at reserved matters stage to ensure a layout, scale and appearance of proposed dwellings that has appropriate separation distances between each other and to existing dwellings and their gardens.
10.107. The proposed land use is considered compatible with surrounding land uses. No harm would arise to residential amenity from the traffic generated by the proposal. Construction disturbance would be minimised by a construction management plan, development hours and piling conditions as recommended by Environmental Health. These are amended and amalgamated where necessary.
10.108. The introduction of residential receptors near rail and highway infrastructure creates the potential for amenity noise impacts for prospective residents. As such it is necessary to ensure design criteria for internal and external noise impacts are taken from BS 8233:2014 ‘Guidance on sound insulation and noise reduction for buildings’ and secured by condition.
10.109. The proposed development is near to existing residential premises and may negatively impact upon nearby residents during the construction due to the potential for noise, dust and vibration. A condition is recommended to protect the residential amenity of the area. Since it is not known if piled foundations are necessary it is recommended that a condition be attached for a scheme to protect the amenity of nearby residents from noise, dust and vibration to be approved. Both noted conditions are recommended based on protecting 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.
10.110. The concerns of local residents in relation to construction noise and pollution are noted. However, the above-mentioned conditions are considered to be sufficient to mitigate concerns. No concerns have been raised by Environmental Health in relation to air quality and an effective construction management plan will be able to ensure any potential construction impacts are mitigated.
10.111. On this basis it is considered that the scheme is acceptable in terms of the residential amenity impacts and accords with Policy ENV1 and the NPPF. Subject to the above and suitable mitigation through reserved matters approval and planning conditions, it is considered that the proposal would not breach Convention rights in the Human Rights Act 1998 the right to health and the right to private and family life.
Heritage Matters
10.112. In determining applications regard should be had to the statutory duty of Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirability of preserving listed buildings, or their setting, or any features of special architectural, or historic interest which they possess. NPPF paragraph 207 seeks to ensure in determining applications Local Planning Authorities should assess the significance of any heritage asset that may be affected by the proposal.
10.113. The site is not within a Conservation area and does not contain any listed buildings. The nearest designated heritage asset is the Grade II Listed Church of St Mary. The application was accompanied by an Archaeology and Heritage Assessment. This concludes that the development would have no impact on the setting or significance of ay heritage assets. The Councils Conservation Officer similarly concludes that there is sufficient separation between the site and the heritage asset for the setting not to be affected. Furthermore, the asset already has a diluted experience due to existing development.
10.114. In terms of archaeology Policy ENV28 requires that where development proposals affect sites of known or possible archaeological interest, the District Council will require an archaeological assessment/evaluation to be submitted as part of the planning application. The relevant Local Plan policies include Core Strategy Policy SP 18 ‘Protecting and Enhancing the Environment’. The site requirements in the former emerging allocation also required the applicant to undertake an archaeological field evaluation commensurate to the significance of the archaeology (because the site has been identified as having potential archaeological features either on-site or close by or later prehistoric, Romano-British and Anglo-Saxon settlement) and use the results to inform the design of the scheme accordingly.
10.115. The initial desk-based assessment was assessed by the Councils Archaeologist who determined that it was insufficient to establish whether the significance of remains were low. A geophysical survey was subsequently submitted, and the Councils Archaeologist confirmed that there were no anomalies that would require further archaeological assessment as these were consistent with ploughed out field boundaries on historical maps. The site was concluded to be of low archaeological potential.
10.116. It is concluded that there would be no harm to the setting of the Listed Building. Moreover, the significance of any heritage assets would not be affected by the development.
Minerals
10.117. The site is within a sand and gravel safeguard area designated by policy S01 of the Minerals and Waste Joint Plan. Policy S02 requires a minerals assessment for non-exempt development. The proposed development does not fall within the exemption criteria stated in paragraph 8.55 of the MWJP (2022); and the application should include an assessment of the effect of the proposed development on the mineral resource beneath or adjacent to the site of the proposed development. The withdrawal of the emerging Selby Local Plan means the site no longer fulfils the exemption criteria for safeguarding. It is not anticipated that there are any active site or waste facilities within 500m of the site or that any sites have been proposed for mineral or waste activities within the 500m zone.
10.118. However, a Mineral Assessment Desk Study Report is awaited with consultation to the NYC Minerals & waste team required. Policy S02 permits non-mineral development such as this if, amongst other reasons, “iii) The need for the non-mineral development can be demonstrated to outweigh the need to safeguard the mineral; or iv) It can be demonstrated that the mineral in the location concerned is no longer of any potential value as it does not represent an economically viable and therefore exploitable resource.” The proximity of the site to the settlement and residents brings into question the economic viability of extracting the mineral given the need to mitigate impacts upon residents during extraction. Furthermore, given the recent dramatic increase in the housing need for the Council the need for non-mineral development is considered to outweigh the need to safeguard potential minerals. Subject to no adverse comments being received from the Minerals & Waste team the proposed development is acceptable and complies with S01 iii & iv of the Minerals and Waste Joint Plan. An update will be given at the meeting.
Developer Contributions
10.119. Local Plan Policy ENV1 requires account is taken of the capacity of local services and infrastructure to serve the proposal, or the arrangements to be made for upgrading, or providing services and infrastructure.
10.121. Policy SP12 requires where infrastructure and community facilities are to be implemented in connection with new development, it should be in place or provided in phase with development and scheme viability. They should be provided on site, or if justifiable they can be provided off site or a financial contribution sought. Opportunities to protect, enhance and better join up existing Green Infrastructure, as well as creating new Green Infrastructure will be strongly encouraged, in addition to the incorporation of other measures to mitigate or minimise the consequences of development. This will be secured through conditions or planning obligations.
10.122. The Developer Contributions SPD provides further guidance regarding contributions towards waste and recycling facilities; education facilities; and primary health care facilities amongst others.
10.123. NPPF paragraph 34 requires plans to set out the contributions expected from development. Paragraph 100 confirms “It is important that a sufficient choice of early years, school and post-16 places are available to meet the needs of existing and new communities.” Regulation 122(2) of the Community Infrastructure Levy Regulations 2010 requires planning obligations must only be sought where they meet all of the following tests: a) necessary to make the development acceptable in planning terms; b) directly related to the development; and c) fairly and reasonably related in scale and kind to the development.
10.124. These development plan policies are consistent with the NPPF and are given significant weight.
· Primary School shortfall of 27.5 places, amounting to £512,820 to be used for the provision of primary education facilities serving the development, at Hambleton Church of England Voluntary Controlled Primary School and/or another primary school within the locality of the development.
· Secondary education shortfall of 14.3 places, amounting to £366,766.40 to be used for the provision of secondary education facilities at Selby High School and/or another secondary school serving the locality of the development.
· Special Needs and disabilities (SEND) provision amounting to £82,051.20 to be used for the provision of SEND provision at the new Selby Special School for children and young people with complex special educational needs in the areas of communication and interaction needs, including autism and speech language and communication needs; and/or cognition and learning needs (moderate/severe learning difficulties); or another school with SEND provision serving the locality of the development.
· Early years pre-school provision shortfall of 1.5 places amounting to £27,972.
· Total calculation £989,609.60.
10.126. NHS Humber and North Yorkshire Integrated Care Board consider the development will give rise to a need for improvements to capacity, by way of improvements to, reconfiguration of, or extension of existing premises (Tadcaster and Rural Selby PCN: South Milford Surgery – Thorpe Willoughby Branch) or providing additional resource for a new build health development. The ICB note that the S106 contribution secured from this development would fund works at the named practice and/or contribute towards a new development related to the Primary Care Network (PCN) that will accommodate the additional population created by the proposed development. The ICB calculate the level of contribution required in this instance to be £129,662 (for up to 110 dwellings).
10.127. The Developer Contributions SPD requires a S106 agreement requiring the developer to pay for 4 x 240 litre wheeled bins at a price of £65 per dwelling.
10.128. In relation to the mitigation of Highway impacts contributions are required towards improvements to the Selby Local Cycling & Walking Infrastructure Plan at £1350 per dwelling. Improvements to the A162/A63 roundabout (northern layby) at £1000 per dwelling.
10.129. As such the scope of financial contributions as described above together with other obligations are therefore as follows;
|
Primary Education |
£512,820 |
|
Secondary Education |
£366,766.40 |
|
Special Needs and disabilities (SEND) |
£82,051.20 |
|
Early years School |
£27,972. |
|
Healthcare |
£129,662 |
|
Waste & Recyling |
4 x 240 litre wheeled bins at £65 per dwelling |
|
Selby Local Cycling and Walking Infrastructure Plan |
£1350 per dwelling |
|
A162/A63 Roundabout Improvement Scheme |
£1000 per dwelling |
|
Travel Plan Monitoring |
£2500 |
|
Public Open Space |
Recreation open space in accordance with Policy R2 at 60sqm per dwelling with a LEAP play area provided within the development site. Implementation, ownership, management and maintenance of the play areas and all recreation open space. |
|
Self or custom build |
3% of the total number of dwellings approved at reserved matters stage shall be self or custom build dwellings.
|
|
Affordable Housing |
10% of the total number of dwellings to be affordable, with a tenure split of 65% affordable rent and 35% shared ownership. An affordable Housing Plan to be submitted at reserved matters to include the type, size, location and tenure type. |
10.130. Local concerns over the lack of facilities and services are noted. However, these contributions (and those of other recently approved sites in Hambleton) will make a significant contribution to the provision of much needed additional service capacity in schools and healthcare. These contributions are justified and CIL regulation compliant and would need to be secured by s106 with appropriate triggers for payment.
Other Matters
10.131. One local resident comments that this site had been considered as the natural location for a cemetery extension. However, the site is not available for this purpose and the Council could not refuse the current application on this basis.
11.0 PLANNING BALANCE AND CONCLUSION
11.2. However, the Local Planning Authority cannot demonstrate a five year supply of housing land as required by the NPPF. Therefore, the policies most important for determining the application, SP2 and SP5, are out of date as set out in NPPF paragraph 11. Permission should be granted unless the proposal fails to satisfy the tests in NPPF paragraph 11d. The proposal complies with paragraph 11d)i because no NPPF policy that protects areas or assets of particular importance provides a strong reason for refusing the development proposed. The requirements of paragraph 11d) ii are more nuanced as set out below. It requires consideration of whether the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole.
11.3. can be made safe from contamination; residential amenity would not be harmed; there is no harm to heritage; noise and air pollution matters can be mitigated by conditions; and education, healthcare and waste/recycling bin contributions are secured to ensure no detriment to existing services are caused.
11.4. Benefits include the site being in a reasonably sustainable location; the proposal makes a significant contribution to needed market and affordable housing (great weight is given to this consideration); a housing mix can be secured that will deliver a mixed and balance community with provision for those with mobility problems; the scheme will provide contributions to enhance walking and cycle facilities which benefits existing and future residents; biodiversity net gain and ecological enhancements are secured; provision of open space and play areas that benefits existing and future residents; economic benefits both during the construction phase and once the houses are occupied which are afforded moderate weight.
11.5. Neutral matters include the site-specific flood risk implications are acceptable and suitable drainage can be controlled by condition; there would be no harm arising from highway access; highway implications can be mitigated, there would be no harm to protected species; the site
11.6. Adverse impacts include limited and localised visual and landscape character harm, the loss of a modest amount of best and most versatile agricultural land, and conflict with the development plan.
11.7. Whilst there are some negative aspects to the development, given that Paragraph11d is engaged as a result of housing land supply position, the adverse impacts of granting the permission would not significantly and demonstrably outweigh the benefits of the scheme, when assessed against the Framework taken as a whole. The primary importance being sustainable housing provision. Therefore, Planning Officers regard this site as being acceptable for new residential development.
11.8. The adverse impacts of granting permission would not significantly and demonstrably outweigh the benefits. The proposal benefits from the presumption in favour of sustainable development. Therefore, planning permission should be granted subject to conditions and prior completion of a s106 agreement.
12.0. RECOMMENDATION
12.1 It is recommended that planning permission be GRANTED subject to the conditions listed below and the prior completion of a section 106 agreement in accordance with the details set out in the table at paragraph 10.128.
Conditions:
1. Details of access (within the site), appearance, landscaping, layout, and scale (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Local Planning Authority before any development takes place and the development shall be carried out as approved.
Reason: In order to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 (as amended).
2. Application for approval of the reserved matters shall be made to the Local Planning Authority not later than 3 years from the date of this permission. The development hereby permitted shall take place not later than 2 years from the date of approval of the last of the reserved matters to be approved.
Reason: In order to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 (as amended).
3. Unless otherwise amended under the conditions below; The development shall be in accordance with the Site Location Plan (Ref:1323.01 ) and the reserved matters shall reflect the Parameters Plan (Ref: 1323.03 Revision A) and Landscape Masterplan (JBA 23/171-SK01). The developable area shall not exceed the developable area indicated on the Parameters Plan plan.
Reason: For the sake of clarity and in the interests of proper planning.
4. Notwithstanding condition 3 above, the dwellings and garden plots shall be outside the root protection and canopy areas of the Oak trees on the western boundary.
Reason: For the sake of clarity, the long-term protection of trees of high amenity value and in the interests of proper planning.
5. 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 be carried out in accordance with the approved details.
Reason: To ensure a mixed and balanced community is created in pursuance of Policy SP8 of the Core Strategy and the Housing and Economic Development Needs Assessment (HEDNA) (October 2020).
LANDSCAPE/BNG
6. Accompanying the Reserved Matters, a construction ecological management plan (CEMP) shall be submitted for the written approval of the Local Planning authority and shall incorporate the ecological mitigation measures recommended in the ecological appraisal (BSG ecology December 2023).
Reason: In the interests of proper planning and in accordance with Policies SP18 and SP19 of the Core Strategy.
7. Accompanying the Reserved Matters, an updated and detailed Arboricultural Impact Assessment (AIA) produced in accordance with BS 5837:2012 (‘Trees in relation to design, demolition and construction’), or any superseding British Standard, including a Tree Protection Plan (TPP) and Arboricultural Method Statement (AMS), shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved AIA, TPP and AMS.
Reason: To secure incorporation of existing trees and hedgerows into the development in pursuance of Policy SP19 of the Selby District Local Plan.
8. The landscaping and layout reserved matters application(s) shall include details of landscaping and management and maintenance details, for approval in writing by the Local Planning Authority. The landscaping shall be carried out in accordance with the approved details in full prior to the last occupation of any dwelling hereby permitted and shall thereafter be managed and maintained in accordance with the approved details. Any element of the landscaping buffer that is removed, dies, is seriously damaged or diseased within 10 years of planting shall be replaced with a similar species within the next available planting season.
Reason: In accordance with Policies SP18 and SP19 of the Core Strategy.
9. With the submission of Reserved Matters, a Biodiversity Mitigation and Enhancement Strategy (BMES), including construction phase matters, shall be submitted to and approved in writing by the Local Planning Authority. The BMES shall be prepared in accordance with BS 42020:2013 (‘Biodiversity – Code of practice for planning and development’), or any superseding British Standard, shall be informed by the Ecological Appraisal ( BSG Ecology Dec 23) and BNG Assessment (BSG Ecology-Biodiversity Gain Assessment P23-494- Dec 23 and the Revised calculation received 15 November 2024) ) and Response to North Yorkshire Ecology Comments 1st October 2024, and shall additionally include:
a) an updated Biodiversity Net Gain Assessment showing 10% gain;
b) a 30 year management and monitoring plan; and
c) implementation timetable.
The development shall be carried out and thereafter managed in accordance with the approved BMES.
Reason: In order to prevent harm to protected species and ensure net gain for biodiversity in pursuance of Policy SP18 of the Core Strategy.
HIGHWAYS
10. Accompanying the Reserved Matters submission, full engineering drawings and details shall be submitted to and approved in writing by the Local Planning Authority of the construction of all roads and footways in the development, along with a timetable for their implementation. All roads and footways shall then be constructed in accordance with the approved engineering drawings and timetable.
Reason: To secure appropriate roads and footways constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of all highway users in pursuance of Policy ENV1 of the Selby District Local Plan.
11. Construction Management Plan No development for any phase of the development must commence until a Construction 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:
details of any temporary construction access to the site including measures for removal following completion of construction works;
· wheel and chassis underside washing facilities on site to ensure that mud and debris is not spread onto the adjacent public highway;
· the parking of contractors’ site operatives and visitors’ vehicles;
· areas for storage of plant and materials used in constructing the development clear of the highway;
· measures to manage the delivery of materials and plant to the site including routing and timing of deliveries and loading and unloading areas;
· details of the routes to be used by HGV construction traffic and highway condition surveys on these routes;
· protection of carriageway and footway users at all times during demolition and construction;
· protection of contractors working adjacent to the highway;
· details of site working hours;
· erection and maintenance of hoardings including decorative displays, security fencing and scaffolding on/over the footway & carriageway and facilities for public viewing where appropriate;
· 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;
· measures to control and monitor construction noise;
· an undertaking that there must be no burning of materials on site at any time during construction;
· removal of materials from site including a scheme for recycling/disposing of waste resulting from demolition and construction works;
· details of the measures to be taken for the protection of trees;
· details of external lighting equipment;
· details of ditches to be piped during the construction phases;
· a detailed method statement and programme for the building works; and
· contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.
Reason: In the interest of public safety and amenity.
12. No development must take place until detailed engineering drawings and a Stage 1/2 Road Safety Audit have been submitted to and approved in writing by the Local Planning Authority for the following off-site highway works:
· Provision of give-way markings at the internal road junction immediately to the south of the proposed Phase 2 access, and at the junction to the north within the Phase 1 estate layout;
· Formation of the proposed emergency and pedestrian/cycle access from Scalm Lane, including all associated works within the publicly maintained highway.
These works shall be delivered under a Section 278 Agreement with North Yorkshire Council. The approved scheme shall be fully implemented and made operational prior to the occupation of the first dwelling.
Reason: To ensure appropriate off-site highway infrastructure is secured and delivered in the interests of highway safety and the convenience of all highway users, in accordance with Policy ENV1 of the Selby District Local Plan.
13. No development must commence until a highway condition survey covering of Scalm lane between the point of the proposed emergency access and its junction with the A63, has been carried out in the presence of the Local Highway Authority. The survey shall consist of a detailed photographic record of the carriageway and verges. Upon completion of the development, a further condition survey shall be undertaken, and the developer shall fund the repair of any damage to the public highway reasonably attributable to construction traffic associated with the development, to the satisfactory of the Local Highway Authority.
Reason: In the interests of Road Safety requirements
14. Travel Plans Prior to the first occupation of the development, a Travel Plan must be submitted to and approved in writing by the Local Planning Authority. The Travel Plan will include:
· • agreed targets to promote sustainable travel and reduce vehicle trips and emissions within specified timescales and a programme for delivery;
· • a programme for the delivery of any proposed physical works;
· • effective measures for the on-going monitoring and review of the travel plan;
· • a commitment to delivering the Travel Plan objectives for a period of at least five years from first occupation of the development; and
· • effective mechanisms to achieve the objectives of the Travel Plan by both present and future occupiers of the development.
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.
15. No dwelling hereby approved shall be occupied until the carriageway between it and the adopted highway, and any footpath from which it gains access, have been constructed at least to basecourse macadam level and/or block paved and kerbed, and connected to the adopted highway with operational street lighting.
Reason: To secure a development with appropriate roads and footways constructed to an adoptable standard in the interests of highway safety and the amenity and convenience of all users in pursuance of Policy ENV1 of the Selby District Local Plan.
DRAINAGE
16. The drainage scheme for the development shall be carried out in accordance with the details shown on the submitted Flood Risk Assessment (Flood Risk Assessment-Align Partners 28 Sept 23)
Reason - In the interest of satisfactory and sustainable drainage in pursuance of Policy SP15 of the Core Strategy.
17. With or before the submission of Reserved Matters, details of the foul water drainage scheme for the development shall be submitted to the local planning authority, along with a timetable for its implementation and details of its management post-construction. Once approved in writing, the foul water drainage scheme shall be installed in accordance with the approved details and timetable and thereafter retained and managed in the approved manner.
Reason: To secure appropriate drainage details that prevent environmental pollution in pursuance of Policy SP18 of the Core Strategy.
18. With or before the submission of Reserved Matters, details of the surface water drainage scheme for the development in accordance with SUDS principles shall be submitted to the local planning authority, along with a timetable for its implementation and details of its management post-construction. Once approved in writing, the surface water drainage scheme shall be installed in accordance with the approved details and timetable and thereafter retained and managed in the approved manner.
Reason: To secure appropriate drainage details in pursuance of Policy SP15 of the Core Strategy.
ENVIRONMENTAL HEALTH
19. Construction work shall not begin until a written scheme for protecting the proposed noise sensitive development from noise has been submitted to and approved in writing by the Local Planning Authority. The scheme shall ensure that the noise level in the gardens of the proposed properties shall not exceed 50 dB LAeq (16 hours) between 0700 hours and 2300 hours and all works which form part of this scheme shall be completed before any part of the development is occupied. The works provided as part of the approved scheme shall be permanently retained and maintained as such except as may be agreed in writing by the Local Planning Authority. Construction work shall not begin until a written scheme for protecting the internal environment of the dwellings from noise has been submitted to and approved in writing by the Local Planning Authority. The scheme shall ensure that the building envelope of each plot is constructed so as to provide sound attenuation against external noise. The internal noise levels achieved shall not exceed 35 dB LAeq (16 hour) inside the dwelling between 0700 hours and 2300 hours and 30 dB LAeq (8 hour) and 45 dB LAmax in the bedrooms between 2300 and 0700 hours. This standard of insulation shall be achieved with adequate ventilation provided. All works which form part of the scheme shall be completed before any part of the development is occupied. The works provided as part of the approved scheme shall be permanently retained and maintained as such except as may be agreed in writing by the Local Planning Authority. The aforementioned written scheme shall demonstrate that the noise levels specified will be achieved.
Reason: to protect the residential amenity of prospective residents from road traffic noise
20. 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. 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 8am and 6pm Mondays to Fridays and 8am to 1pm on Saturdays and at no time on Sundays or Bank or National Holidays.
Reason: to protect residential amenity during the construction phase
21. 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.
22. Reason: To protect the residential amenity of the locality during construction
CONTAMINATION
23. 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.
24. 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.
25. 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.
26. 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.
INFORMATIVES
NPPF
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 39 of the NPPF.
Coal Authority - Low Risk Area
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
Biodiversity Net Gain Mandatory Condition
ANY surface water discharge into ANY watercourses in, on, under or near the site requires CONSENT from the Drainage Board.
ADVISORY: It is recommended that that level crossing safety leaflets are included in information/welcome packs provided to the new homeowners at the site. These can be provided by ourselves upon request from the developer or the information is available online on the following link
https://www.networkrail.co.uk/communities/safety-in-the-community/level-crossing-safety/.
Target Determination Date30.06.2025
Case Officer: Fiona Ellwood, fiona.ellwood@northyorks.gov.uk
Appendix A: Parameters Plan Drawing Ref: 1323.03 Revision A
