Annex C: Additional Recommended Officer Modifications
Huntington Neighbourhood Plan Policy |
Examiner’s Report Reference |
Officer Recommended Modifications Based on Legal Advice |
H14: Green Belt |
7.66 – 7.69
|
a) amend Policy H14: Green Belt to indicate that the general extent of the Green Belt has been established by the Regional Spatial Strategy (RSS);
b) Policy H14 should remove reference to Map 3 and cross reference the saved RSS key diagram showing the general extent of York’s Green Belt;
c) amend Policy H14 to indicate that the inner boundary of the Green Belt will be defined through the Local Plan process, and that this policy shall apply to land included with the Green Belt boundary that is defined in an adopted Local Plan;
d) amend Policy H14 and its supporting text to state that until the Green Belt boundaries are defined in an adopted Local Plan, decisions on whether to treat land as falling within the Green Belt for development management purposes will be taken in accordance with the approach supported in the recent case of Christopher Wedgewood v City of York Council [2020] EWHC 780 (Admin);
e) Amend supporting text to policy H14 to indicate that the 2005 draft Local Plan map shows what was approved in 2005 for development control purposes and that in advance of the adoption of the Local Plan this will be taken into account along with the emerging Local Plan, RSS general extent of the Green Belt and site specific features in deciding whether land should be regarded as Green Belt for development control purposes, but that the 2005 draft Local Plan should not be treated as establishing a Green Belt boundary;
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Map 3: Policies Map |
n/a |
f) Remove the 2005 Green Belt boundary from Map 3 ‘Proposals Map’.
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Huntington Neighbourhood Plan Submission Version
Key to Policy H14 and Supporting Text Modifications
Submission Version
Examiners Recommended Modifications: Deletions /
Additions
Additional
Officer Recommended Modifications: Deletions
/
Additions
GREEN BELT
138.
Over half of Huntington is designated as draft Green Belt. It
covers much of the open countryside in the Parish, including large
swathes of land especially to its east. The general extent of the Green Belt in the Parish
is shown at Map 3.
139. The fundamental aim of the Green Belt is to prevent urban sprawl by protecting the open character of land designated as such. Within the Green Belt, there are strict planning controls over the type of development, which can take place within it.
140. There is strong community sentiment regarding the draft Green Belt that generally surrounds the built-up parts of Huntington. It not only helps retain the distinct character of the area, but also provides opportunities for recreation and leisure and contains many key ‘Green Infrastructure’ assets including sites of nature conservation value.
141. National Planning policy is clear in its support for the Green Belt, emphasising its essential characteristics of openness and permanence. It also states that inappropriate development (such as the construction of new buildings), which is harmful to the role and function of the Green Belt should not be approved except in very special circumstances.
142. Despite the fact
that the York Green Belt is still, technically, draft Green Belt it
has, de facto, been in existence for several decades and has been
reaffirmed on numerous occasions in planning refusals and
dismissals of planning appeals. It was specifically recognised in
the Yorkshire and Humber Regional Spatial Strategy (RSS) adopted
in 2007
2008
and although the RSS
was substantially revoked by an Order (SI. No. 117 2013) made in
early 2013 under the Localism Act 2011, policies which related to
the York Green Belt were specifically excluded from the
revocation.
143. The Neighbourhood Plan needs to be in general conformity with strategic policies of the Development Plan. In this case, these are the saved policies YH9 and Y1 of the Yorkshire and Humber Regional Spatial Strategy (RSS) (2008) and the RSS Key diagram (see Map 5). Together the policies and key diagram set the general extent of York’s Green belt to approximately 6 miles from York’s city centre.
1434.
Further, whilst not forming part of the Development Plan, the City
of York draft Local Plan incorporating the Fourth Set of Changes
Development Control Local Plan (April 2005) was approved for
development control purposes. The effect of this
process is that decisions on planning applications falling within
the general extent of the Green Belt (as defined in the RSS) are
taken on the basis that land is treated as Green Belt.
This is a material
consideration in decision-making but does not define York’s
Green belt boundaries.
1445.
The National Planning Policy Framework (NPPF) is clear that the
identification and modification of Green Belt boundaries are
essentially matters for the Local Planning Authority to determine.
In this case, that authority is York City Council. Furthermore,
these paragraphs identify that these processes should be undertaken
as part of the preparation or review of a Local Plan. In this case,
this would be through the vehicle of the preparation of the
emerging City of York Local Plan,
which was submitted
for independent Examination in May 2018. The proposed Green Belt
boundary relevant to the Huntington Neighbourhood Plan is set out
on the Local Plan Policies Map North (2018) (Map 7). The adopted
Local Plan will set the detailed Green belt
Boundaries.
145.
At the same time, the Neighbourhood Plan needs to be in general
conformity with the strategic policies of the development plan. In
this case, these are policies YH9 and Y1 of the Yorkshire and
Humber Regional Spatial Strategy. These identify the general extent
of the York Green Belt and set out its national
significance.
146.
In
these circumstances, this Plan continues to apply, and strongly
supports, the approach to the identification of the Green Belt as
set out currently in the RSS, and the Fourth Set of Changes
Development Control Local Plan (2005 on an interim basis until such
times as the emerging Local Plan is
adopted.
In advance of the adoption of the Local Plan
decisions on whether to
treat land as falling within the Green Belt for development
management purposes will be taken in accordance with the approach
supported in the case of Christopher Wedgewood v City of York
Council Group [2020] EWHC 780 (Admin).
This
means that such decisions will take into account the RSS general
extent of the Green Belt, the draft Local Plan (April 2005) (Map
6), the emerging Local Plan and site specific features in deciding
whether land should be regarded as Green Belt in advance of the
adoption of the Local Plan.
147. This will ensure that the preparation of the emerging Local Plan is used as the mechanism for the detailed identification of the York Green Belt boundaries in accordance with national planning policy. It will also provide the proper opportunity for residents, developers and other interested bodies to contribute to this debate both in general terms on the Green Belt boundary and to provide the agreed levels of development for the City. Once the emerging Local Plan has been adopted, the Neighbourhood Plan will be reviewed in order to ensure that it and the Local Plan are consistent on this important matter.
POLICY H14 GREEN BELT
The Plan supports the continued
designation
of the majority of Huntington Parish as Green
Belt.
The general extent
of the York Green Belt within Huntington Parish is shown
on Map 3
the RSS Key Diagram
(Map 5). The Green Belt will be defined through the Local Plan
process. This policy shall apply to land included within the
Green Belt boundary that is defined under an adopted Local
Plan.
Decisions on whether to treat land as falling within the Green Belt for development management purposes in advance of the adoption of the Local Plan will be taken in accordance with the approach supported in the case of Christopher Wedgewood v City of York Council [2020] EWHC 780 (Admin), taking into account the RSS general extent of the Green Belt, the draft Local Plan (April 2005) (Map 6), the emerging Local Plan and site specific features in deciding whether land should be regarded as Green Belt.
Within the general extent of the Green Belt inappropriate development will not be supported except in very special circumstances. New buildings are regarded as inappropriate development and will not be supported other than in the circumstances identified in the National Planning Policy Framework.
Development proposals for the following uses will be supported provided that they preserve the openness of the general extent of the Green Belt and do not conflict with the purposes of including land in the Green Belt:
· Minerals extraction;
· Engineering Operations;
· Local Transport Infrastructure that can demonstrate a requirement for a Green Belt location;
· The re-use of buildings provided that the buildings are of permanent and substantial construction; and
· Development brought forward under a Community Right to Build Order.
Submitted Policies Map (Map 3) to be removed:
Revised Policies Map to be inserted (with Green Belt removed):
Maps to be Added:
Map 5: RSS Key Diagram
Map 6: City of York Draft Local Plan Incorporating the 4th Set of Changes approved for Development Control purposes (April 2005)
Proposals Map Huntington Parish Extract.
Map 7: City of York Local Plan Publication (Draft) (2018) Submitted for Examination
Policies Map (North) Huntington Parish Extract