Mr M Scott, Bagby Airfield, Bagby, Thirsk, North - Hambleton District ...

More documents

Recommendations

Info

31. A holding direction was issued by the Government Office for Yorkshire and the Humber on 17 August 2010 directing that the application was not to be granted permission without special authorisation. The Direction was issued to enable the Secretary of State to consider whether or not he should direct under Section 77 of the Town and Country Planning Act 1990 that the application should be referred to him for determination. 32. A copy of the report to the Planning Committee is at Appendix 9. 33. The Decision Notice at Appendix 10 states that: 1. The proposal is contrary to PPG24 and the Local Development Framework Policies CP1, DP1, CP4, CP21 and DP44 as the proposed development would give rise to a number of aircraft movements at the airfield that would fail to adequately protect or enhance the amenity of the population, particularly with regard to noise and disturbance as required by Policy DP1. 2. The proposal is contrary to PPS4 and the Local Development Framework Policies CP1, CP2, CP4 and DP25 as it has not been supported by a business case that demonstrates that support will be provided to the local economy which in turn would help sustain rural communities. 3. The proposal is contrary to PPS1 and PPS7 and the Local Development Framework Policies CP16 and DP30 as the proposal would have a harmful impact on the visual amenity of the landscape. 34. The details of earlier applications and a synopsis of the history of Bagby Airfield which is pertinent to the appeals is at Appendix 2. 35. Planning Policy Background 36. Section 38(6) Planning and Compulsory Purchase Act (2004) requires that if regard is to be had to the development plan in any determination, that determination shall be in accordance with the plan unless material considerations indicate otherwise. Section 38(5) requires that where policies in the development plan conflict the conflict must be resolved in favour of the last adopted document. 37. The development plan for Hambleton comprises: Hambleton District Council - Tim Wood – Proof of Evidence - 16 -
(i) The Regional Spatial Strategy for Yorkshire and The Humber to 2026 (Published May 2008) (ii) The Hambleton Local Development Framework Core Strategy April 2007 (iii) The Development Policies Development Plan Document (DPD) adopted February 2008 (iv) The Allocations Development Plan Document adopted December 2010 38. Regional Spatial Strategy 39. At the time of the determination of the main planning application on 3 rd September 2010 the Regional Spatial Strategy had been deleted as a material consideration following the letter from the Secretary of State. Since that date the document has been reinstated following a High Court challenge. The judgment in the High Court to the latest challenge from Cala Homes has confirmed that the Government’s intention to do away with regional strategies is a material consideration when making planning decisions. (See Appendix 11 for a commentary on the Cala Homes decision). 40. There were no Regional Spatial Strategy policies referred to in the deliberations on the applications or reasons for the service of the Enforcement Notice or preparation of the Statements of Case. No direct reference is made in the preparation of this Proof of Evidence to the Regional Spatial Strategy. The Regional Spatial Strategy was in place at the time of the preparation and adoption of the three Hambleton Local Development Framework documents and is quoted throughout those documents. Accordingly, the Local Planning Authority consider that the Regional Spatial Strategy has been implemented in the local context by the adopted parts of the Local Development Framework. 41. Hambleton Local Development Framework Core Strategy (adopted April 2007) 42. The Core Strategy presents the overall spatial strategy for development in Hambleton to 2021, setting out how development is to be distributed appropriately during that time. Five sub areas were identified in the Core Strategy as well as a settlement hierarchy which would accommodate the Hambleton District Council - Tim Wood – Proof of Evidence - 17 -
Page 1 and 2: Mr M Scott, Bagby Airfield, Bagby,
Page 3 and 4: 43 Evidence from external source -
Page 5 and 6: BAGBY AIRFIELD, BAGBY, THIRSK, NORT
Page 7 and 8: play area incorporates fixed pieces
Page 9 and 10: Personal condition removed on appea
Page 11 and 12: edrooms new/extended hangars with c
Page 13 and 14: 24. The appeals are set out in orde
Page 15: Hambleton District Council on 18 Ma
Page 19 and 20: 47. Hambleton Local Development Fra
Page 21 and 22: message from paragraph 5 under the
Page 23 and 24: the character and quality of the ar
Page 25 and 26: communities and enable them to tack
Page 27 and 28: “Planning authorities should cont
Page 29 and 30: estricted. GA operators will theref
Page 31 and 32: circumstances and, in such cases, t
Page 33 and 34: CP16 CP21 Development Plan Policies
Page 35 and 36: 125. Test Two: is more straightforw
Page 37 and 38: 135. CP21 requires “Development a
Page 39 and 40: 148. As the policy notes “Through
Page 41 and 42: 02/03/2010 Enforcement investigatio
Page 43 and 44: 172. Evidence from External Sources
Page 45 and 46: 183. Some weeks in winter will see
Page 47 and 48: 196. There is no firm evidence sett
Page 49 and 50: 209. A further legal opinion was su
Page 51 and 52: 223. The details set out by the app
Page 53 and 54: Table 2 - Lawful flight numbers Wee
Page 55 and 56: an example of changes at the airfie
Page 57 and 58: life can not be defined as being
Page 59 and 60: “To support the growth of the loc
Page 61 and 62: management practices employed the p
Page 63 and 64: junction of the A19 and Bagby Lane
Page 65 and 66: 289. Visual impact on Bagby Lane 29
Page 67 and 68:
303. Clarification of the access ar
Page 69 and 70:
316. As set out in the Enforcement
show all

Mr M Scott, Bagby Airfield, Bagby, Thirsk, North - Hambleton District ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?