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

135. CP21 requires “Development and service provision must seek to ensure
that communities and the environment are not adversely affected by the actions
of natural or other forces.” The policy goes on to require specifically that
“Proposals must take particular account of the need to: ii) mitigate development
from the consequences of pollution, noise or hazardous activities.”
136. The requirements of CP21 in respect of pollution, noise and safety are
underpinned by the words of CP1 which advises that “Proposals will be
supported if they promote and encourage or protect and enhance iii) the health,
economic and social well-being, amenity and safety of the population.” Whilst
both of the Core Strategy policies note the types of development that will be
supported they do not state that proposals which fail to meet the requirements
will be refused automatically as the policies must be considered in the round and
the issues weighed appropriately in reaching a decision.
137. Consideration of the Development Policies
138. The Development Policies DPD provides further details to assist the
delivery of the Core Strategy.
139. Development Policy DP1
140. The detail in Policy DP1 “Protecting Amenity” is of particular significance to
these appeals. The policy DP1 supports CP1 which aims to achieve Sustainable
Development. It is, given the duty for Town and Country Planning to achieve
Sustainable Development, a policy that is applicable to every element of the each
of the appeals. The words of the policy start by defining that: “All development
proposals must”, this is not a policy that can lightly be outweighed by other
considerations. The decision maker is therefore very clearly directed by the
words of the policy that the protection of “amenity particularly with regard to
privacy, security, noise and disturbance, pollution (including light pollution),
odours and daylight” must be given a high priority in the decision making process.
In this instance the policy is requiring that the development must protect amenity
with particular regard to noise and disturbance.
141. The second and third of the three elements of DP1 relate to the amenity
needs of occupants and users of development and the importance of amenity
Hambleton District Council - Tim Wood – Proof of Evidence - 37 -