21/00034/REF
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Erection
of detached dwelling with associated access, landscaping and air
source/ground source heat pump.
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Proposed
Residential Development Site Shilton Garth Close Earswick
York
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Appeal
Allowed
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The
proposal related to the erection of 1no. 4-bedroom dwelling on land
within the built up area of Earswick village. Planning permission
was refused due to the conflict with policies ENP1 and ENP2 of the
Earswick Neighbourhood Plan, which seek to meet the needs of the
parish for smaller 2 and 3 bedroom homes. Outline planning
permission for the erection of two dwellings on the site had been
granted in 2018. The key issue identified by the Inspector was
whether the proposed development would provide adequate
accommodation to meet local housing needs. The Inspector
acknowledged the conflict with policies ENP1 and ENP2, but stated
that the threshold would only be exceeded by one bedroom and in
respect of a single dwelling. He noted that the parish council had
indicated that the policy was not created with the intention of
precluding the development of single dwellings. He considered that
the development would deliver social and economic benefits, and the
sustainable from of construction would result in environmental
benefits. In addition, the Council could not demonstrate a 5-year
supply of housing land. Crucially, the Inspector referred to
paragraph 14 of the NPPF, which indicates that in relation to the
provision of housing, a Neighbourhood Plan (NP) only carries weight
if it formed part of the Development Plan for a period of two years
or less prior to the decision being made. Whilst this was the case
when the decision was made by the Council, the two year period had
lapsed at the point the appeal was determined, thus the NP was
deemed to be out of date in this respect. In allowing the appeal,
the Inspector concluded that the provision of a 4-bedroom dwelling
rather than a 2 or 3 bedroom dwelling would result in limited harm,
which would be outweighed by the benefits of the proposal. He
concurred with the Council that the other impacts of the
development were acceptable.
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