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

125. Test Two: is more straightforward, it means being able to meet at least one
of the criteria i) to vi) in CP4 and provide the evidence to prove this. This is
additional to the policy test to demonstrate an exceptional case.
126. There are two potential criteria in CP4 against which the scheme can be
considered. These are criteria (i) and (vi);
• the scheme fails the tests of criteria (i) because the development is not
necessary to meet the needs of the industries listed in the policy and the
scheme has not demonstrated how (if at all) it will help to support a
sustainable rural economy.
• in respect of criteria (vi) the scheme fails because there is no requirement
for social and economic regeneration in this area. Further, no evidence
has been supplied as to how it will support such regeneration. The extent
and quality of such evidence must mean something more than modest
increase in employment and expenditure in the local economy or else the
policy would not act as a meaningful constraint on development in this
area. It is a policy allowing exceptions and there is nothing exceptional
about this development.
127. In light of the above considerations, Test Two fails.
128. Test Three: requires proposals not to conflict with the environmental
protection and nature conservation policies of the LDF (final paragraph of CP4).
129. Subject to appropriate mitigation and enhancement measures, the
proposed development will not have a detrimental impact on ecology. The
proposals will inevitably have an undesirable impact on the character and
appearance of open countryside as explained in the landscape section of this
proof. Noise is an environmental impact, the scheme causes noise and harm to
the environment most notably the living conditions of the local population.
130. In light of the above considerations, Test Three fails. Accordingly, the
development fails to comply with policies CP1, CP2 and CP4.
131. CP15 is a permissive policy supporting rural regeneration. It identifies a
range of opportunities to support the economy of rural communities. The policy
Hambleton District Council - Tim Wood – Proof of Evidence - 35 -