Planning Policy

Policies affecting this application

National Policy Planning Framework

There is a government document, available from this link that sets out the government's planning policies and how these are expected to be applied.

Church at night
Church From the Field
Church in Snow
The Road at Night

Housing Design Generally

The National Planning Policy Framework

30. states permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions, taking into account any local design standards or style guides in plans or supplementary planning documents

79. Planning policies and decisions should avoid the development of isolated homes in the countryside unless one or more of the following circumstances apply:
  e) the design is of exceptional quality, in that it: - is truly outstanding or innovative, reflecting the highest standards in architecture, and would help to raise standards of design more generally in rural areas; and - would significantly enhance its immediate setting, and be sensitive to the defining characteristics of the local area.

Achieving appropriate densities

122. 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.

12. Achieving well-designed places

124. The creation of high quality buildings and places is fundamental to what the planning and development process should achieve. Good design is a key aspect of sustainable development, creates better places in which to live and work and helps make development acceptable to communities. Being clear about design expectations, and how these will be tested, is essential for achieving this. So too is effective engagement between applicants, communities, local planning authorities and other interests throughout the process.

125. Plans should, at the most appropriate level, set out a clear design vision and expectations, so that applicants have as much certainty as possible about what is likely to be acceptable. Design policies should be developed with local communities so they reflect local aspirations, and are grounded in an understanding and evaluation of each area’s defining characteristics. Neighbourhood plans can play an important role in identifying the special qualities of each area and explaining how this should be reflected in development.

126. To provide maximum clarity about design expectations at an early stage, plans or supplementary planning documents should use visual tools such as design guides and codes. These provide a framework for creating distinctive places, with a consistent and high quality standard of design. However their level of detail and degree of prescription should be tailored to the circumstances in each place, and should allow a suitable degree of variety where this would be justified.

127. Planning policies and decisions should ensure that developments:
  a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development;
  b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping;
  c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities);
  d) establish or maintain a strong sense of place, using the arrangement of streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit;
  e) optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public space) and support local facilities and transport networks; and
  f) create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience.

128. Design quality should be considered throughout the evolution and assessment of individual proposals. Early discussion between applicants, the local planning authority and local community about the design and style of emerging schemes is important for clarifying expectations and reconciling local and commercial interests. Applicants should work closely with those affected by their proposals to evolve designs that take account of the views of the community. Applications that can demonstrate early, proactive and effective engagement with the community should be looked on more favourably than those that cannot.

129. Local planning authorities should ensure that they have access to, and make appropriate use of, tools and processes for assessing and improving the design of development. These include workshops to engage the local community, design advice and review arrangements, and assessment frameworks such as Building for Life47. These are of most benefit if used as early as possible in the evolution of schemes, and are particularly important for significant projects such as large scale housing and mixed use developments. In assessing applications, local planning authorities should have regard to the outcome from these processes, including any recommendations made by design review panels.

130. Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions, taking into account any local design standards or style guides in plans or supplementary planning documents. Conversely, where the design of a development accords with clear expectations in plan policies, design should not be used by the decision-maker as a valid reason to object to development. Local planning authorities should also seek to ensure that the quality of approved development is not materially diminished between permission and completion, as a result of changes being made to the permitted scheme (for example through changes to approved details such as the materials used).

National Design Guide

The National Design Guide at the very beginning states "The National Planning Policy Framework makes clear that creating high quality buildings and places is fundamental to what the planning and development process should achieve. This design guide, the National Design Guide, illustrates how well-designed places that are beautiful, enduring and successful can be achieved in practice. It forms part of the Government's collection of planning practice guidance and should be read alongside the separate planning practice guidance on design process and tools.

SELBY DISTRICT CORE STRATEGY LOCAL PLAN

SP1 Presumption in Favour of Sustainable Development

…the Council will grant permission unless material considerations indicate otherwise – taking into account whether:
* Any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole; or
* Specific policies in that Framework indicate that development should be restricted.

Policy SP2 Spatial Development Strategy

A. (c) 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

Policy SP4 Management of Residential Development in Settlements

c) In all cases proposals will be expected to protect local amenity, to preserve and enhance the character of the local area, and to comply with normal planning considerations, with full regard taken of the principles contained in Design Codes (e.g. Village Design Statements), where available.

d) Appropriate scale will be assessed in relation to the density, character and form of the local area and should be appropriate to the role and function of the settlement within the hierarchy.

Policy SP18 Protecting and Enhancing the Environment

5. Identifying, protecting and enhancing locally distinctive landscapes, areas of tranquillity, public rights of way and access, open spaces and playing fields through Development Plan Documents.

7. Ensuring that new development protects soil, air and water quality from all types of pollution.

9. Steering development to areas of least environmental and agricultural quality.

Policy SP19 Design Quality

Proposals for all new development will be expected to contribute to enhancing community cohesion by achieving high quality design and have regard to the local character, identity and context of its surroundings including historic townscapes, settlement patterns and the open countryside.

Where appropriate schemes should take account of design codes and Neighbourhood Plans to inform good design. Both residential and non-residential development should meet the following key requirements:

a) Make the best, most efficient use of land without compromising local distinctiveness, character and form.

b) Positively contribute to an area’s identity and heritage in terms of scale, density and layout;

c) Be accessible to all users and easy to get to and move through;

d) 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;

e) 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;

f) Promote access to open spaces and green infrastructure to support community gatherings and active lifestyles which contribute to the health and social well-being of the local community;

g) Have public and private spaces that are clearly distinguished, safe and secure, attractive and which complement the built form;

h) Minimise the risk of crime or fear of crime, particularly through active frontages and natural surveillance;

i) Create mixed use places with variety and choice that compliment one another to encourage integrated living, and

j) Adopt sustainable construction principles in accordance with Policies SP15 and SP16.

k) Preventing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water, light or noise pollution or land instability.

l) Development schemes should seek to reflect the principles of nationally recognised design benchmarks to ensure that the best quality of design is achieved.

Policy H1: Type, size and scale New housing developments should be:

  1. Small in scale, under 10 units (i.e. small-scale development)
  2. Not overwhelm their surroundings but rather integrate with their immediate neighbouring properties and landscape in terms of:
    1. Design of new homes
    2. Design of the overall development
    3. Car parking arrangements
    4. Appropriate landscaping, greenspace and green infrastructure
    5. Non-vehicular links, including new public rights of way linking the development to other parts of the village and the surrounding countryside, where practicable.
  3. Provide for a mix of housing type and size in accord with the Selby Local Plan and reflecting demand and needs identified through the most recently available housing needs analysis for Church Fenton parish.

Preference will be given to community-led housing schemes where the scheme is initiated by, and is being led by, a legitimate local community group such as the Parish Council or Community Land Trust and the scheme has general community support, with evidence of meaningful public engagement.

Policy H2: Design principles for new housing development proposals:

  1. The type of housing should be distinctive in design, one or two storeys with gardens.
  2. New housing should reflect the best design elements as found in the historic core of the village, including:
    1. Respecting the overall palette of traditional designs and the character of the local area as set out in the Village Design Statement.
    2. Respecting the height, position, size and massing of existing buildings.
    3. Ensuring boundary treatments are in keeping with the tradition of the village and primarily involve hedgerows formed by native species.
    4. Density of new developments should reflect that of their immediate surroundings.
    5. Demonstrating how the recommendations set out in the Village Design Statement will be respected.
  3. Modern architectural detailing, including environmental systems (i.e. systems built into the home designed to save energy, reduce waste, prevent pollution, cut carbon emissions or enhance biodiversity), can be accommodated in new development but should be carefully sited and designed to blend in with village character, avoiding street front elevations wherever practicable.
  4. New housing should be designed to incorporate the best of sustainability principles in design and construction.

Policy H3: Location of new housing development All new housing development proposals should:

  1. Respect the integrity of the linear structure and open aspects of the village. The future growth of the village should rely on conversions, replacement dwellings, re-development of brown-field sites or appropriate scale development on green-field sites.
  2. Avoid Green Belt, strategic countryside gap and other areas identified in the Policies Map as valuable for the green infrastructure roles they perform.
  3. Apply sequential, risk-based testing to potential development locations to avoid the flood zone areas 2 and 3, in order to reduce the risk of future flooding.
  4. Be in an acceptable location in relation to the highway network and must not generate a level of vehicle movements that would result in a loss of residential amenity for neighbours in relation to safety, noise and air quality.
  5. Respect and maintain key views as identified on map 3, in order to maintain the character and appearance of the village, with particular attention paid to the views of St. Mary’s Church, which is prominent due to its elevated tower

HERITAGE

  • Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires the decision maker to have ‘special regard’ when assessing proposals for development that affect listed buildings and their settings.

    National Policy Planning Framework

    189. In determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance. As a minimum the relevant historic environment record should have been consulted and the heritage assets assessed using appropriate expertise where necessary. Where a site on which development is proposed includes, or has the potential to include, heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment and, where necessary, a field evaluation.

    190. Local planning authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account of the available evidence and any necessary expertise. They should take this into account when considering the impact of a proposal on a heritage asset, to avoid or minimise any conflict between the heritage asset’s conservation and any aspect of the proposal.

    191. Where there is evidence of deliberate neglect of, or damage to, a heritage asset, the deteriorated state of the heritage asset should not be taken into account in any decision.

    192. In determining applications, local planning authorities should take account of:

    1. the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation;
    2. the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and
    3. the desirability of new development making a positive contribution to local character and distinctiveness.

    Considering potential impacts

    193. When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance.

    194. Any harm to, or loss of, the significance of a designated heritage asset (from its alteration or destruction, or from development within its setting), should require clear and convincing justification. Substantial harm to or loss of:

    1. grade II listed buildings, or grade II registered parks or gardens, should be exceptional;
    2. assets of the highest significance, notably scheduled monuments, protected wreck sites, registered battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional

    195. Where a proposed development will lead to substantial harm to (or total loss of significance of) a designated heritage asset, local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or total loss is necessary to achieve substantial public benefits that outweigh that harm or loss, or all of the following apply:

    1. the nature of the heritage asset prevents all reasonable uses of the site; and
    2. no viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; and
    3. conservation by grant-funding or some form of not for profit, charitable or public ownership is demonstrably not possible; and
    4. the harm or loss is outweighed by the benefit of bringing the site back into use.

    196. Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use.

    197. The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.

    SELBY DISTRICT CORE STRATEGY LOCAL PLAN

    POLICY SP19 DESIGN & QUALITY

    b) Positively contribute to an area’s identity and heritage in terms of scale, density and layout;

    CHURCH FENTON NEIGHBOURHOOD PLAN

    Policy CH2: Development in the historic core

    Within Church Fenton’s historic core, as defined in the Policies Map, where development affects Listed Buildings, or their setting, a Heritage Impact Assessment should be required to assess what impact such developments may have upon the significance of the designated heritage assets.

    All new development within the historic core or affecting its setting must demonstrate good quality design. This means responding to and integrating with the landscape context and existing built environment. Specific regard should be paid to:

    1. ensuring the heights of new buildings relate to, and avoid overlooking and dominating, adjacent properties;
    2. ensuring that for extensions and alterations, the characteristics of the original building are reflected and not overwhelmed;
    3. reflecting and respecting nearby buildings within the historic core with regard to materials, textures, shapes, colours and proportions including doors, windows, plus height, pitch and ridge of roof;
    4. achieving high quality design that respects the scale and character of existing and surrounding buildings. Support will be given for development that respects the character and appearance of the historic core and which takes the opportunities available for improving the local character and quality of Church Fenton.

    FLOOD RISK

    NATIONAL PLANNING POLICY FRAMEWORK

    155. 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.

    156. Strategic policies should be informed by a strategic flood risk assessment, and should manage flood risk from all sources. They should consider cumulative impacts in, or affecting, local areas susceptible to flooding, and take account of advice from the Environment Agency and other relevant flood risk management authorities, such as lead local flood authorities and internal drainage boards.

    157. All plans should apply a sequential, risk-based approach to the location of development – taking into account the current and future impacts of climate change – so as to avoid, where possible, flood risk to people and property. They should do this, and manage any residual risk, by:

    1. applying the sequential test and then, if necessary, the exception test as set out below;
    2. safeguarding land from development that is required, or likely to be required, for current or future flood management;
    3. using opportunities provided by new development to reduce the causes and impacts of flooding (where appropriate through the use of natural flood management techniques); and
    4. where climate change is expected to increase flood risk so that some existing development may not be sustainable in the long-term, seeking opportunities to relocate development, including housing, to more sustainable locations.

    158. The aim of the sequential test is to steer new development to areas with the lowest risk of flooding. Development should not be allocated or permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower risk of flooding. The strategic flood risk assessment will provide the basis for applying this test. The sequential approach should be used in areas known to be at risk now or in the future from any form of flooding.

    159. If it is not possible for development to be located in zones with a lower risk of flooding (taking into account wider sustainable development objectives), the exception test may have to be applied. The need for the exception test will depend on the potential vulnerability of the site and of the development proposed, in line with the Flood Risk Vulnerability Classification set out in national planning guidance.

    160. The application of the exception test should be informed by a strategic or sitespecific flood risk assessment, depending on whether it is being applied during plan production or at the application stage. For the exception test to be passed it should be demonstrated that:

    1. the development would provide wider sustainability benefits to the community that outweigh the flood risk; and
    2. the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible, will reduce flood risk overall.

    161. Both elements of the exception test should be satisfied for development to be allocated or permitted.

    162. Where planning applications come forward on sites allocated in the development plan through the sequential test, applicants need not apply the sequential test again. However, the exception test may need to be reapplied if relevant aspects of the proposal had not been considered when the test was applied at the plan making stage, or if more recent information about existing or potential flood risk should be taken into account.

    163. When determining any planning applications, local planning authorities should ensure that flood risk is not increased elsewhere. Where appropriate, applications should be supported by a site-specific flood-risk assessment. Development should only be allowed in areas at risk of flooding where, in the light of this assessment (and the sequential and exception tests, as applicable) it can be demonstrated that:

    1. within the site, the most vulnerable development is located in areas of lowest flood risk, unless there are overriding reasons to prefer a different location;
    2. the development is appropriately flood resistant and resilient;
    3. it incorporates sustainable drainage systems, unless there is clear evidence that this would be inappropriate;
    4. any residual risk can be safely managed; and
    5. safe access and escape routes are included where appropriate, as part of an agreed emergency plan.

    SELBY DISTRICT CORE STRATEGY LOCAL PLAN

    Policy SP2 Spatial Development Strategy

    A. The location of future development within Selby District will be based on the following principles: a) The majority of new development will be directed to the towns and more sustainable villages depending on their future role as employment, retail and service centres, the level of local housing need, and particular environmental, flood risk and infrastructure constraint

    B. Land will be allocated for development in Selby, Sherburn in Elmet, Tadcaster and Designated Service Villages through a Site Allocations Local Plan with preference to land of least environmental or amenity value based on the following 'sequential approach':

    1. Previously developed land and buildings within the settlement;
    2. Suitable greenfield land within the settlement;
    3. Extensions to settlements on previously developed land;
    4. Extensions to settlements on greenfield land.

    Where appropriate, a sequential approach to the assessment of sites will form part of a NPPF Sequential Test in order to direct development to areas with the lowest flood risk, taking account of the most up to date flood risk data available from the Environment Agency, the vulnerability of the type of development proposed and its contribution to achieving vital and sustainable communities.

    Policy SP15 Sustainable Development and Climate Change

    A. Promoting Sustainable Development In preparing its Site Allocations and Development Management Local Plans, to achieve sustainable development, the Council will:

    d) Ensure that development in areas of flood risk is avoided wherever possible through the application of the sequential test and exception test; and ensure that where development must be located within areas of flood risk that it can be made safe without increasing flood risk elsewhere

    CHURCH FENTON NEIGHBOURHOOD PLAN

    Policy F1: Development that does not add to flood risk

    Development proposals should not add to the overall level of flood risk in the parish. To achieve this, the following principles should be adhered to:

    1. New development beyond that permitted should apply sequential, risk-based testing to potential development locations to avoid the flood zone areas 2 and 3, in order to reduce the risk of future flooding.
    2. Surface water management measures will be required for development proposals to ensure that the risk of flooding both on-site and downstream is not increased.
    3. Permeable surfaces and soakaways for hardstanding areas should be incorporated to all new developments wherever practicable.
    4. Sustainable Drainage Systems (SuDS) as an alternative to conventional drainage will be supported provided that they can be shown to be suitable in the intended location and that such systems will be properly maintained.
    5. There is a presumption against culverting and the constricting of watercourses and their immediate environs.
    6. If existing capacity in the local sewerage system / or water distribution network is insufficient, a connection must be provided to the system at the nearest point of adequate capacity as advised by Yorkshire Water.

    Affordable Housing

    The Affordable housing reduction is contrary to:

  • NPPF para 57
  • SDCSLP – SP9