A picture containing icon Description automatically generatedAnnex 1

 

 

 

 

 

 

 

 

 

 

Cityof York Local Plan

 

 

Consolidated Main Modifications

 

 

January 2023



CONTENTS

CONTENTS. 2

1.      SECTION 2: VISION.. 9

MM2.1 Paragraph 2.5. 9

MM2.2 Policy DP2: Sustainable Development. 9

MM2.3 Policy DP2: Sustainable Development. 9

MM2.4 Policy DP2 explanation – paragraphs 2.19a and 2.19b. 9

MM2.5 Policy DP4: Approach to Development Management. 10

2.      SECTION 3: SPATIAL STRATEGY. 11

MM3.1 Policy SS1: Delivering Sustainable Growth for York. 11

MM3.2 Policy SS1 explanation –   new paragraphs. 12

MM3.3 Key Diagram.. 13

MM3.4 Table 1a and 1b (housing supply and distribution). 16

MM3.5 Policy SS1 Explanation – paragraph 3.3. 17

MM3.6 Policy SS2: The Role of York’s Green Belt. 18

MM3.7 Policy SS3: York City Centre. 18

MM3.8 Policy SS4: York Central 19

MM3.9 Policy SS4: York Central 19

MM3.10 Policy SS4: York Central 20

MM3.11 Policy SS5: Castle Gateway. 20

MM3.12 Policy SS5: Castle Gateway. 20

MM3.13 Policy SS5: Castle Gateway. 21

MM3.14 Policy SS5 explanation – new paragraph. 21

MM3.15 Policy SS6: British Sugar/Manor School 22

MM3.16 Policy SS7: Civil Service Sports Ground. 22

MM3.17 Policy SS8: Land Adjacent to Hull Road. 22

MM3.18 Policy SS9: Land East of Metcalfe Lane. 23

MM3.19 Policy SS9: Land East of Metcalfe Lane. 23

MM3.20 Policy SS9: Land East of Metcalfe Lane. 23

MM3.21 Policy SS9: Land East of Metcalfe Lane. 24

MM3.22 Policy SS9: Land East of Metcalfe Lane. 24

MM3.23 Policy SS9: Land East of Metcalfe Lane. 24

MM3.24 Policy SS9: Land East of Metcalfe Lane. 25

MM3.25 Policy SS9 explanation – paragraph 3.48. 25

MM3.26 Policy SS10: Land North of Monks Cross. 25

MM3.27 Policy SS10: Land North of Monks Cross. 25

MM3.28 Policy SS10: Land North of Monks Cross. 26

MM3.29 Policy SS10: Land North of Monks Cross. 26

MM3.30 Policy SS10: Land North of Monks Cross. 26

MM3.31 Policy SS11: Land North of Haxby. 26

MM3.32 Policy SS11: Land North of Haxby. 27

MM3.33 Policy SS11: Land North of Haxby. 27

MM3.34 Policy SS11: Land North of Haxby. 27

MM3.35 Policy SS11: Land North of Haxby. 27

MM3.36 Policy SS11 explanation – paragraph 3.56. 28

MM3.37 Policy SS12: Land West of Wigginton Road. 28

MM3.38 Policy SS12: Land West of Wigginton Road. 28

MM3.39 Policy SS12: Land West of Wigginton Road. 28

MM3.40 Policy SS12: Land West of Wigginton Road. 28

MM3.41 Policy SS12: Land West of Wigginton Road. 28

MM3.42 Policy SS12: Land West of Wigginton Road. 29

MM3.43 Policy SS12: Land West of Wigginton Road. 29

MM3.44 Policy SS12: Land West of Wigginton Road. 29

MM3.45 Policy SS12: Land West of Wigginton Road. 30

MM3.46 Policy SS12 explanation – paragraph 3.61. 30

MM3.47 Policy SS13: Land West of Elvington Lane. 30

MM3.48 Policy SS13: Land West of Elvington Lane. 30

MM3.49 Policy SS13: Land West of Elvington Lane. 30

MM3.50 Policy SS13: Land West of Elvington Lane. 30

MM3.51 Policy SS13: Land West of Elvington Lane. 31

MM3.52 Policy SS13: Land West of Elvington Lane. 32

MM3.53 Policy SS13: Land West of Elvington Lane. 32

MM3.54 Policy SS13: Land West of Elvington Lane. 32

MM3.55 Policy SS13: Land West of Elvington Lane. 33

MM3.56 Policy SS13: Land West of Elvington Lane. 33

MM3.57 Policy SS13 explanation – paragraph 3.64. 34

MM3.58 Policy SS13 explanation – paragraph 3.67. 34

MM3.59 Policy SS14: Terrys Extension Sites. 34

MM3.60 Policy SS15: Nestle South. 35

MM3.61 Policy SS16: Land at Tadcaster Road, Copmanthorpe. 35

MM3.62 Policy SS16: Land at Tadcaster Road, Copmanthorpe. 35

MM3.63 Policy SS16: Land at Tadcaster Road, Copmanthorpe. 35

MM3.64 Policy SS16: Land at Tadcaster Road, Copmanthorpe. 35

MM3.65 Policy SS17: Hungate. 36

MM3.66 Policy SS18: Station yard, Wheldrake. 36

MM3.67 Policy SS18: Station yard, Wheldrake. 36

MM3.68 Policy SS18: Station yard, Wheldrake. 36

MM3.69 Policy SS18: Station yard, Wheldrake. 37

MM3.70 Policy SS19: Queen Elizabeth Barracks, Strensall 37

MM3.71 Policy SS20: Imphal Barracks, Fulford Road. 37

MM3.72 Policy SS20: Imphal Barracks, Fulford Road. 37

MM3.73 Policy SS20: Imphal Barracks, Fulford Road. 37

MM3.74 Policy SS20: Imphal Barracks, Fulford Road. 38

MM3.75 Policy SS20: Imphal Barracks, Fulford Road. 39

MM3.76 Policy SS21: Land South of Airfield Business Park, Elvington. 39

MM3.77 Policy SS22: University of York Expansion. 40

MM3.78 Policy SS22 Explanation. 40

MM3.79 Policy SS23: Land at Northminster Business Park. 43

MM3.80 Policy SS24: Whitehall Grange, Wigginton Road. 44

3.      SECTION 4: ECONOMY AND RETAIL. 45

MM4.1 Policy EC1: Provision of Employment Land. 45

MM4.2 Policy EC1 Provision of Employment Land. 45

MM4.3 Policy EC1 explanation. 47

MM4.4 Policy EC1 explanation – table 4.1. 47

MM4.5 Policy EC1 Explanation paragraph 4.8a. 48

MM4.6 Policy EC2 Explanation paragraph 4.9. 49

MM4.7 Policy EC5: Rural Economy. 49

MM4.8 Policy EC5 Explanation – paragraph 4.17. 49

MM4.9 Policy R1: Retail Hierarchy and Sequential Approach. 49

MM4.10 Policy R2: District and Local Centres and Neighbourhood Parades. 50

MM4.11 Policy R3: York City Centre Retail 50

4.      SECTION 5: HOUSING.. 52

MM5.1 Policy H1: Housing Allocations. 52

MM5.2 Policy H1, table 5.1. 52

MM5.3 Policy H1 Explanation – paragraphs 5.4 to 5.16. 56

MM5.4 Policy H1 Explanation. 57

MM5.5 Table 5.2. 58

MM5.6 Policy H2: Density of Residential Development. 59

MM5.7 Policy H2 explanation. 59

MM5.8 Policy H3: Balancing the Housing Market. 60

MM5.9 Policy H3: Balancing the Housing Market. 61

MM5.10 Policy H4: Promoting and Custom House Building. 61

MM5.11 Policy H5: Gypsies and Travellers. 61

MM5.12 Policy H5: Gypsies and Travellers. 62

MM5.13 Policy H6: Travelling Showpeople. 62

MM5.14 Policy H6: Travelling Showpeople. 63

MM5.15 Policy H5 and H6 Explanation Para 5.38 and Table 5.3. 63

MM5.16 Policy H5 and H6 Explanation – paragraph 5.42. 64

MM5.17 Policy H7: Student Housing. 65

MM5.18 Policy H7 Explanation – paragraph 5.47. 66

MM5.19 Policy H9: Older Persons Specialist Housing. 66

MM5.20 Policy H9 explanation – paragraph 5.59. 67

MM5.21 Policy H10: Affordable Housing. 67

MM5.22 Policy H10 explanation. 69

5.      SECTION 6: HEALTH AND WELLBEING.. 73

MM6.1 Policy HW1: Protecting Existing Facilities. 73

MM6.2 Policy HW1 explanation – paragraph 9.5. 74

MM6.3 Policy HW1 explanation – paragraph 6.9. 74

MM6.4 Policy HW1 explanation – paragraph 6.10. 74

MM6.5 Policy HW2: New Community Facilities. 75

MM6.6 Paragraph 6.12a. 75

MM6.7 Policy HW3: Built Sport Facilities. 75

MM6.8 Policy HW3 explanation – Paragraph 6.20. 76

MM6.9 Policy HW4: Childcare provision. 77

MM6.10 Policy HW5: Healthcare services. 77

MM6.11 Policy HW5: Healthcare services. 78

MM6.12 Policy HW5 explanation – Paragraph 6.36. 79

MM6.13 Policy HW6: Emergency Services. 79

MM6.14 Policy HW7: Healthy Places. 80

6.      SECTION 7: EDUCATION.. 82

MM7.1 Policy ED1; University of York. 82

MM7.2 Policy ED1 explanation - paragraphs 7.1a (new) to 7.2. 83

MM7.3 Policy ED1 explanation - paragraphs 7.2a, 7.2b, 7.2c, 7.2d and 7.2e. 83

MM7.4 Policy ED2: Campus West. 85

MM7.5 Policy ED2 explanation – paragraphs 7.4, 7.4b and 7.5. 85

MM7.6 Figure 7.1. 86

MM7.7 Policy ED3: Campus East. 87

MM7.8 Policy ED3 explanation – paragraphs 7.6 to 7.12. 88

MM7.9 Policy ED5: York St. John University Further Expansion. 88

MM7.10 Policy ED5 explanation – paragraph 7.16. 89

MM7.11 Policy ED5 explanation – paragraph 7.18a. 89

 

7.      SECTION 8: PLACEMAKING, HERITAGE, DESIGN AND CULTURE. 90

MM8.1 Policy D1: Placemaking. 90

MM8.2 Policy D1: Placemaking. 90

MM8.3 Policy D2; Landscape Setting. 91

MM8.4 Policy D3: Cultural Provision. 91

MM8.5 Policy D4: Conservation Areas. 92

MM8.6 Policy D4 Explanation – new paragraph 8.26a. 93

MM8.7 Policy D5: Listed Buildings. 93

MM8.8 Policy D5 Explanation – new paragraphs. 94

MM8.9 Policy D6: Archaeology. 95

MM8.10 Policy D6 Explanation. 96

MM8.11 Policy D7: The Significance of Non-Designated heritage Assets. 97

MM8.12 Policy D7 Explanation – paragraphs 8.35 to 8.37. 97

MM8.13 Policy D8: Historic Parks and Gardens. 98

MM8.14 Policy D8 Explanation – new paragraph. 98

MM8.15 Policy D10: York City Walls and St Marys Abbey Walls (York Walls). 99

MM8.16 Policy D13: Advertisements. 99

8.      SECTION 9: GREEN INFRASTRUCTURE. 100

MM9.1 Policy GI1 Green Infrastructure. 100

MM9.2 Policy GI2: Biodiversity and Access to Nature. 100

MM9.3 Policy GI2: Biodiversity and Access to Nature. 101

MM9.4 Policy GI2 explanation – paragraph 9.5. 101

MM9.5 Policy GI2 explanation – paragraph 9.6. 101

MM9.6 Policy GI2a: Strensall Common Special Area of Conservation (SAC). 102

MM9.7 Policy GI4: Trees and Hedgerows. 105

MM9.8 Policy GI5: Protection of Open Space and Playing Fields. 106

MM9.9 Policy GI5 explanation – paragraph 9.17. 106

MM9.10 Policy GI6: New Open Space provision. 106

MM9.11 Policy GI6: New Open Space provision. 106

MM9.12 Policy GI6: New Open Space provision. 107

9.      SECTION 10: MANAGING DEVELOPMENT IN THE GREEN BELT. 108

MM10.1 Policy GB1: Development in the Green Belt. 108

MM10.2 Policy GB1 Explanation – paragraph 10.8. 109

MM10.3 Policy GB1 Explanation – new paragraph. 110

MM10.4 Policy GB2: Development in Settlements within the Green Belt. 110

MM10.5 Policy GB3: Reuse of Buildings. 110

MM10.6 Policy GB4:’Exception’ Sites for Affordable Housing in the Green Belt. 110

MM10.7 Policy GB4. 111

10.    SECTION 11: CLIMATE CHANGE. 112

MM11.1 Policy CC1: Renewable and Low Carbon Energy Generation Storage. 112

MM11.2 Policy CC1: Renewable and Low Carbon Energy Generation Storage. 112

MM11.3 Policy CC1 explanation – paragraph 11.8 – 11.11. 113

MM11.4 Policy CC2: Sustainable Design and Construction of New Development. 113

MM11.5 Policy CC2: Sustainable Design and Construction of New Development. 113

MM11.6 Policy CC2: Sustainable Design and Construction of New Development. 114

MM11.7 Policy CC2: Sustainable Design and Construction of New Development. 114

MM11.8 Policy CC2: Sustainable Design and Construction of New Development. 115

MM11.9 Policy CC2 explanation – paragraph 11.15. 115

MM11.10 Policy CC2 Explanation. 115

MM11.11 Policy CC2 Explanation. 116

MM11.12 Policy CC2 explanation – paragraph 11.18 – 11.23. 116

MM11.13 Policy CC3: District Heating and Combined Heat and Power Networks. 117

MM11.14 Policy CC3 explanation – paragraph11.28 – 11.34. 118

11.    SECTION 12: ENVIRONMENT QUALITY AND FLOOD RISK. 119

MM12.1 Policy ENV1: Air Quality. 119

MM12.2 Policy ENV1 Explanation. 119

MM12.3 Policy ENV2: Managing Environmental Quality. 122

MM12.4 Policy ENV3: Land Contamination. 123

MM12.5 Policy ENV4: Flood Risk. 123

12.    SECTION 14: TRANSPORT AND COMMUNICATIONS. 126

MM14.1 Section 14 Introduction – paragraphs 14.2-14.3. 126

MM14.2 Policy T1: Sustainable Access. 126

MM14.3 Policy T1 explanation – paragraph 14.4. 127

MM14.4 Policy T2: Strategic Public Transport Improvements. 127

MM14.5 Policy T2 Explanation – paragraphs 14.15 to 14.23. 129

MM14.6 Policy T3: York Railway Station and Associated Operational Facilities. 132

MM14.7 Policy T4: Strategic Highway Network Capacity Improvements. 133

MM14.8 Policy T5: Strategic Cycle and Pedestrian Network Links and Improvements. 134

MM14.9 Policy T6: Development at or Near Public Transport Corridors, Interchanges and Facilities. 136

MM14.10 Policy T7 Explanation – paragraph 14.49. 137

MM14.11 Policy T8: Demand Management. 137

MM14.12  Policy C1: Communications Infrastructure. 138

13.    SECTION 15: DELIVERY AND MONITORING.. 139

MM15.1 Policy DM1: Infrastructure and Developer Contributions. 139

MM15.2 Policy DM1 explanation – paragraph 15.13. 139

MM15.3 Policy DM1 explanation – paragraph 15.15 and Table 15.1. 139

MM15.4 Policy DM1 explanation – paragraph 15.21. 143

 


1.   SECTION 2: VISION 

 

Section 2: Vision 

 

Modification Reference 

Proposed Modification 

Reason for change 

MM2.1 Paragraph 2.5

This will require the provision of sufficient land for minimum average annual net provision of 822 dwellings over the plan period to 2032/33 867 dwellings per annum and will include…

To reference the modified housing requirement figure as discussed in phase 2 hearings (matter 2).

MM2.2 Policy DP2: Sustainable Development 

iii. Development will help Conserve, Maintain and Enhance the Environment through: 

… 

·         Maintaining the natural geomorphology of watercourse, water quality and the ecological value of the water environment including in the River Ouse, River Derwent and River Foss water corridors; 

·         Ensuring that these is no deterioration in the status of any surface or ground water body;  

·         Making positive progress towards achieving ‘good’ status or higher in surface and groundwater bodies, in line with the Water Framework Directive; remediation of polluted land/ groundwater or the protection of groundwater;  

… 

To reflect the requirements of the Water Directive Framework as agreed in Statement of Common Ground with the Environment Agency (EX/SoCG/4).

MM2.3 Policy DP2: Sustainable Development 

·            Mitigate and adapt to climate change through designing new communities and buildings, transport networks and services that support each community to be energy and resource efficient and reduce carbon emissions. 

 

To make explicit the Plan’s contribution to, and requirement for the mitigation of, and adaptation to, climate change in accordance with Section 19(1A) of the Planning and Compulsory Purchase Act 2004. 

MM2.4 Policy DP2 explanation – paragraphs 2.19a and 2.19b

2.19a The Water Framework Directive (WFD) establishes a legislative framework for the protection of surface waters (including rivers, lakes and coastal waters) and ground waters

 

2.19b The Water Environment (WFD)(E&W) Regulations 2017 place a duty on each public body, including Local Planning Authorities to ‘have regard to’ River Basin Management Plans (RBMP), and so the City of York Council must ensure that new development is compliant with the requirements of the WFD and Humber RBMP. York’s water resources are a crucial part of the district’s environment which provide important wildlife habitats and encourage biodiversity, provide opportunities for recreation and form an important element to alleviate flood risk to the city. Many of York’s watercourses have been physically changed over time for example by land drainage, culverting or being run through artificial channels, which can reduce their amenity value and harm their ecology. Opportunities to re-naturalise watercourses should be supported, for example by removing existing artificial engineering works. Any new physical changes to watercourses in the district should be avoided unless there are compelling grounds for doing so and all alternative options have been considered. 

 

To reflect the requirements of the Water Directive Framework as agreed in Statement of Common Ground with the Environment Agency(EX/SoCG/4).

MM2.5 Policy DP4: Approach to Development Management 

Policy DP4 and explanation at paragraph 2.21 deleted. 

Notwithstanding the transition arrangements, the NPPF section of DP4 is inconsistent with the latest NPPF (2021) which will technically apply to planning applications. For clarity and effectiveness, the policy is therefore to be deleted.  

 


 

2.   SECTION 3: SPATIAL STRATEGY

 

Section 3: Spatial Strategy

Modification Reference

Proposed Modification

Reason for change

MM3.1 Policy SS1: Delivering Sustainable Growth for York

Policy SS1: Delivering Sustainable Growth for York

 

Development during the plan period (2017 - 2032/33) will be consistent with the priorities below. To ensure Green Belt permanence beyond the plan period, sufficient land is allocated for development to meet a further, minimum, period of 5 years to 2038. 

 

·         Provide sufficient land to accommodate an annual provision of around 650 new jobs that will support sustainable economic growth, improve prosperity and ensure that York fulfils its role as a key economic driver within both the Leeds City Region and the York, North Yorkshire and East Riding Local Enterprise Partnership area.  

·         Deliver a minimum average annual net provision of 867 new 822 dwellings over the plan period to 2032/33 and post plan period to 2037/38 that will support an overall housing requirement of at least 13,152 new homes. This will enable the building of strong, sustainable communities through addressing the housing and community needs of York’s current and future population.  

·         Deliver 15 new permanent pitches for Gypsies and Travellers and 4 permanent plots for Showpeople (as defined by Planning Policy for Traveller Sites) over the plan period.  Whilst the needs of Gypsies, Travellers and Travelling Showpeople who do not meet the planning definition fall outside this allocation, in order to meet their assessed needs the Plan makes provision for 25 permanent pitches for Gypsies and Travellers who do not meet the definition.      

·         Deliver at least 45% of the 9,396 affordable dwellings that are needed to meet the needs of residents unable to compete on the open market 

 

The location of development through the plan will be guided by the following five spatial principles. 

 

·         Conserving and enhancing York’s historic and natural environment. This includes the city’s character and setting and internationally, nationally and locally significant nature conservation sites, green corridors and areas with an important recreation function.  

·         Prioritise making the best use of previously developed land. 

·         Directing development to the most sustainable locations, Eensuring accessibility to sustainable modes of transport and a range of services. 

·         Preventing unacceptable levels of congestion, pollution and/or air quality. 

·         Ensuring flood risk is appropriately managed. 

·         Where viable and deliverable, the re-use of previously developed land will be phased first

York City Centre, as defined on the Proposals Policies Map, will remain the focus for main town centre uses1.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

Modifications to the list of priorities make clear the approach to securing Green Belt permanence; the plan’s overall housing requirement (including affordable housing); the Council’s target for meeting affordable housing need; and, the plan’s provision for Gypsies, Travellers and Travelling Showpeople. These matters were discussed during phase 2 and 3 hearings.

 

Figures updated to reflect latest evidence in the Gypsy and Traveller Accommodation Assessment 2022.

Basis for the affordable housing target set out in EX/CYC/107/2).

Modification to spatial principles respond to matters discussed during phase 1, recognising that it is unreasonable to require brownfield redevelopment to come forward first.

 

MM3.2 Policy SS1 explanation –   new paragraphs

3.1a      The Plan’s strategic policies set out an overall strategy for the pattern, scale and quality of development over the Plan period.

 

3.1b      The Plan focusses on identifying sufficient land to meet housing and economic growth (spatial drivers) in a pattern of development aligned to the factors which shape growth (spatial shapers) set out in SS1. Development is directed to the most sustainable locations, making as much use as possible of suitable previously developed land (with some release of Green Belt land). As is set out in SS1, sustainable growth for York emphasises conserving and enhancing York’s historic environment.  The scale and pattern of development is guided by the need to safeguard a number of key elements identified as contributing to the special character and setting of the historic City.  These include the City’s size and compact nature, the perception of York being a free-standing historic city set within a rural hinterland, key views towards the City from the ring road and the relationship of the City to its surrounding settlements. 

 

3.1c      Development is focussed on the main urban area of York and in new free-standing settlements with some urban and village extensions.   The development strategy limits the amount of growth proposed around the periphery of the built-up area of York.  While new settlements will clearly affect the openness of Green Belt in those locations, their impact is considered to be less harmful to the elements which contribute to the special character and setting of York. Their size and location has taken into account the potential impact on those elements, and on the identity and rural setting of neighbouring villages.

 

3.1d      There will also be opportunities for rural exception sites, these small scale developments provide affordable homes in locations where new homes would not usually be appropriate.

 

3.1e      The proposed distribution of development identified in the Plan’s allocations and deliverable unimplemented consents is described in the following table (Table 1).  The anticipated pattern of development as identified in the Plan’s strategic allocations is shown on the Key Diagram.

New text associated with MM3.1, MM3.3 and MM3.4

MM3.3 Key Diagram

KEY DIAGRAM  

2018

 

 

 

 

 

 

 

 

 

 

 

 

 

Proposed modification

 

 

 

 

To clarify range of sites delivered within the Spatial Strategy and to be consistent with the recommendations of the HRA (2020)

Key diagram amendments to clarify strategic allocations and their locations in line with the spatial strategy and the removal of ST35] 

MM3.4 Table 1a and 1b (housing supply and distribution)

Table 1a           Sources of supply over the Plan period 2017-2032/33

Total Target (requirement)*

13,152

Net Completions (2017 – 2022)

3,767

Commitments (extant permissions at 1st April 2022)

2,149

Strategic Housing Allocations (ST sites)

8.160

Housing Allocations (H sites)

1,733

Windfall allowance (from 2025/26 @199 dpa)

1,592

Total

17,401

*Requirement = annual requirement (822dpa) x 16 years.  Includes housing requirement for Gypsies and Travellers who do not meet the Planning definition.

 

Defined Gypsy and Traveller housing requirement (Gypsies/Travelling Showpeople)

18 (15/3)

Site allocations

18 (15/3)

Total

18

 

Informed by our spatial development strategy, the anticipated distribution of allocated sites is reflected in Table 1b below. 

 

Table 1b: Spatial Strategy: Distribution of Housing allocations

Spatial Locations*

Residential Strategic Allocations (ST sites)

Housing Allocations (H sites)

Total Homes**

Residential urban development

6155

1501

7656

Residential urban extensions

1705

0

1705

Residential village extensions

305

232

537

New Settlements/ Garden Villages

5532

0

5,532

Total

13,697

1,733

15,430

 

*Note: in the first instance, provision is made within larger allocations for those Gypsies and Travellers not meeting the Planning definition.  Alternative provision in line with policy H5 may alter the overall stated spatial distribution.

** Note: the figures in Table 1b include delivery of whole allocations which may extend beyond 2032/33 and for a minimum of 5 years to define a permanent Green Belt.

To provide clarity on the housing supply and distribution, reflecting EX/CYC/76 and 76a, EX/CYC/86, EX/CYC/88  and EX/CYC/107-1.

MM3.5 Policy SS1 Explanation – paragraph 3.3

 

Housing Growth

3.3          Technical work has been carried out by GL Hearn in the Strategic Housing Market Assessment Update (2017). This work has updated the demographic baseline for York based on the July 2016 household projections. to 867 per annum.  Following consideration of the outcomes of this work, the Council aims to meet address an objectively assessed housing need of 867 new dwellings 790 homes per annum for the plan period to 2032/33.  This produces a housing requirement amounting to a minimum average annual net provision of 822 dwellings over the plan period to 2032/33, including an allowance for any a shortfall in housing provision against this need from the period 2012 to 2017. , and for the post plan period to 2037/38.

 

 

Evidence suggests that there is a need for 9,396 affordable homes in York between 2017-2033. To help meet this need it is important that a reasonable, but viable, proportion of all new housing developments are affordable.

 

Policies H7 and H10 set out the Plan’s policy approach to this, and at least 2,360 affordable homes are expected to be delivered within the plan period through the operation of these policies. Combined with recorded completions (to 1st April 2022), other sources of forecast supply on windfall sites and known provision secured through the Council’s Housing Delivery Programme, it is estimated that around 3,265 affordable homes will be delivered in the plan period.

 

To help increase the proportion of need being met to more than 35%, the Council has set a target of providing at least 45% of its affordable housing need. Through its annual monitoring (in accordance with the delivery and monitoring framework at table 15.2), the Council will review progress on meeting the target and take appropriate action and intervention should delivery rates fall short.   

Additional explanation of the approach to meeting housing needs as evidenced during phase 2 and phase 3 hearings (and evidenced in EX/CYC/43a and EX/CYC/107/2). 

MM3.6 Policy SS2: The Role of York’s Green Belt

The general extent of the Green Belt is shown on the Key Diagram. Detailed Green Belt boundaries are shown on the proposals Policies Map. follow readily recognisable physical features that are likely to endure such as streams, hedgerows and highways.

To ensure that there is a degree of permanence beyond the plan period sufficient land is allocated for development to meet the needs identified in the plan and for a further minimum period of five years to 2038.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012

MM3.7 Policy SS3: York City Centre

 

Within the city centre, as defined on the Proposals Policies Map, the following development types are acceptable in principle:

 

Retail (A1 E) – within the designated Primary Shopping Area (PSA). Outside of the PSA the sequential test and impact tests will apply in order to protect the vitality and viability of the city centre;

Office (B1a E);

Food and Drink (A3/A4/A5 E);

Finance and Professional Services (A2 E).

 

As shown on the Proposals Policies Map, the following city centre sites have been allocated: 

 

ST32: Hungate (328 dwellings residential development);

ST20: Castle Gateway (mixed use); and

Elements of ST5: York Central falling within the city centre boundary (mixed use).

 

The city centre will remain the focus for main town centre uses (unless identified on the Proposals Policies Map). Proposals for main town centre uses for non city centre locations will only be considered acceptable in accordance with Policy R1 where it can be demonstrated that they would not have a detrimental impact on the city centre’s vitality and viability and that the sustainable transport principles of the Plan can be met. Change of use of existing retail (use class E), office (Use Class E) Use Class A, B1(a) and town centre leisure, entertainment, and culture uses will be resisted.

 

York Minster Cathedral Precinct is approximately 8 hectares in size (as shown on the proposals Policies Map).

 

To align policy to use classes which came into force September 2020.

MM3.8 Policy SS4: York Central

York Central (ST5), as identified on the Policies Map, will enable the creation of a new piece of the city…

To make clear the location of York Central for effectiveness.

MM3.9 Policy SS4: York Central

The following mix of uses will be permitted within York Central:

  • Offices (B1a E);
  • Financial and Professional Services (A2 E);
  • Residential;
  • Hotels (C1)
  • Culture, leisure, tourism and niche/ancillary retail facilities;
  • Open space, high quality public realm and supporting social infrastructure;
  • Rail uses, and;
  • Ancillary retail appropriate to serve the day to day needs of local residents and other site users, subject to a sequential assessment, and;
  • Non-ancillary retail, subject to an impact and sequential assessment.

To align policy to use classes which came into force September 2020.

To clarify that ancillary retail serving day to day needs does not require an impact assessment, in line with the requirements of Policy R1.

MM3.10 Policy SS4: York Central

Land within York Central is allocated for 1,700 – 2,500 dwellings, of which a minimum of 1,500 (around 950 dwellings will be delivered in the plan period), and approximately 100,000 sq m of Office (E B1a).

 

Replacing 'minimum' with 'around' and including ‘approximately’ to provide appropriate flexibility.

Revision to 950 dwellings is for consistency with the latest housing trajectory.

Reference to class E to reflect use class which came into force September 2020.

MM3.11 Policy SS5: Castle Gateway

Castle Gateway (ST20) is allocated as an Area of Opportunity, as indicated on the Proposals Policies Map…

To correct the reference to the ‘policies’ map.

MM3.12 Policy SS5: Castle Gateway

The purpose of the regeneration is to:

  • Radically enhance the setting of Clifford’s Tower and other features within the Eye of York to recognise the significance of these historic assets and interpret their importance in York’s history.
  • Promote opportunities for the significance of other historic assets in the wider Castle Gateway area to be better revealed or enhanced.

 

To achieve these aims development in the Castle Gateway will be delivered through the following:

  • Removing the Castle Car Park to create new public space and high quality development opportunities.
  • Provision of a replacement car park within the Castle Gateway area.
  • The addition of a new landmark River Foss pedestrian cycle bridge.
  • Where possible, the opening up of both frontages of the River Foss with riverside walkways.
  • Engagement with stakeholders in the development of masterplan and public realm proposals.
  • Securing public realm, transport and infrastructure investment as a catalyst for wider social and economic improvement.
  • Funding the implementation of public space, transport improvements and infrastructure through developer contributions and commercial uplift from development sites across the area.

Additional regeneration purpose in recognition of the historic assets in the wider area.

Text deleted for clarity and effectiveness, recognising the matters are duplicated within the sub-area criteria. Text moved to explanation (paragraph 3.33A).

 

MM3.13 Policy SS5: Castle Gateway

Development within the five Castle Gateway sub-areas will be permitted delivered having regard to the above regeneration objectives and in accordance with the following principles, as appropriate:  

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012: Introduction to sub-area makes clear that, where appropriate, development should have regard to the broad regeneration objectives along with specific sub-area principles.

MM3.14 Policy SS5 explanation – new paragraph

3.33a To achieve these aims development in the Castle Gateway will be delivered through the following:  

·         Removing the Castle Car Park to create new public space and high quality development opportunities.  

·         Provision of a replacement car park within the Castle Gateway area. 

·         The addition of a new landmark River Foss pedestrian cycle bridge.  

·         Where possible, the opening up of both frontages of the River Foss with riverside walkways.  

·         Engagement with stakeholders in the development of masterplan and public realm proposals. 

·         Securing public realm, transport and infrastructure investment as a catalyst for wider social and economic improvement. 

·         Funding the implementation of public space, transport improvements and infrastructure through developer contributions and commercial uplift from development sites across the area.  

Text moved to explanation in accordance with MM3.12

MM3.15 Policy SS6: British Sugar/Manor School

i.    Create a sustainable balanced community with an appropriate mix of housing informed by the Council’s Strategic Housing Market Assessment.

Deleted because housing mix is addressed under policy H3.

MM3.16 Policy SS7: Civil Service Sports Ground

i.           Create a sustainable balanced community with an appropriate mix of housing informed by the Council’s Strategic Housing Market Assessment.

ii.          Be of a high design standard to give a sense of place and distinctive character.

Criteria deleted because matters addressed under policy H3 and D1 respectively.

MM3.17 Policy SS8: Land Adjacent to Hull Road

ii.      Provide access to the site from a new roundabout created for the Heslington East development Kimberlow Rise via Field Lane, subject to detailed transport analysis. Other access (e.g. via Hull Road) is not preferred.

iii.     Deliver a sustainable housing mix in accordance with the Council’s Strategic Housing Market Assessment.

v.       Maintain and enhance existing trees and hedgerows behind to the south of the site which act as a gateway for biodiversity

vi.      Provide appropriate contributions to expand existing education facilities, given that primary and secondary school facilities have limited existing capacity to accommodate the projected demand arising from the site. Secure developer contributions for education provision, including primary and secondary, which meet the needs generated by the development

  vii.    Undertake an air quality assessment as there is potential for increased traffic flows which may present new opportunities for exposure if not designed carefully. The assessment should also consider the impact of the University of York boiler stacks. Identified adverse impacts should be appropriately mitigated. .        

 viii.   Undertake a noise survey given the site’s proximity to the A1079 and the Grimston Bar Park & Ride. Identified adverse impacts should be appropriately mitigated.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012: At vii and viii to make clear the requirement for impacts to be mitigated. 

MM3.18 Policy SS9: Land East of Metcalfe Lane

    ii.   Deliver a sustainable housing mix in accordance with the Council’s most up to date Strategic Housing Market Assessment and affordable housing policy. Protect and, where appropriate, strengthen existing boundary features that are recognisable and likely to remain permanent. Where the site’s boundary is not defined by recognisable or permanent features it should be addressed through the masterplan and design process in order for strong and defensible Green Belt boundaries to be created and secured.

Deleted because housing mix is addressed under policy H3. Replaced with wording to secure strong green belt boundaries around the site in response to the assessment at EX/CYC/59g.

MM3.19 Policy SS9: Land East of Metcalfe Lane

   iv.  Deliver Secure developer contributions for education and community provision, including primary and secondary, which meet the needs generated by the development early in the scheme’s phasing, in order to allow the establishment of a new sustainable community. A new primary facility and secondary provision (potentially in combination with Site ST8 – North of Monks Cross) may be required to serve the development as there is limited capacity available in existing schools. Further detailed assessments and associated viability work will be required.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012: Recognition of further work that that has clarified onsite provision is not required (and consistency with modified wording across strategic site policies).

MM3.20 Policy SS9: Land East of Metcalfe Lane

    v.  Demonstrate that all transport issues have been addressed, in consultation with the Council and Highways England, as necessary, to ensure sustainable transport provision at the site is achievable. The transport and highways impacts of the site development should be assessed individually and cumulatively with sites ST8, ST9, ST14 and ST15 should be addressed. Where necessary, proportionate mitigation will be required

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012: making clear a ‘proportionate’ approach is to be applied and that mitigation will be required where there is evidence of need. Wording consistent with modifications to other strategic site policies.

MM3.21 Policy SS9: Land East of Metcalfe Lane

   vi.  Provide vehicular access from Stockton Lane to the north of the site and/or Murton Way to the south of the site (as shown indicatively on the proposals Policies Map), with a small proportion of public transport traffic potentially served off Bad Bargain Lane. Access between Stockton Lane and Murton Way will be limited to public transport and walking/ cycling links only, and, if necessary and feasible, public transport.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

MM3.22 Policy SS9: Land East of Metcalfe Lane

  vii.  Deliver high quality, frequent and accessible public transport services through the whole site, to provide attractive links to York City Centre. It is envisaged such measures will enable upwards of 15% of trips to be undertaken using public transport. Public transport links through the adjacent urban area will be sought, as well as public transport upgrades to either the Derwent Valley Light Rail Sustrans route, or bus priority measures on Hull Rd and/or Stockton lane, subject to feasibility and viability. All measures proposed to support public transport use should be identified and agreed as part of a Sustainable Travel Plan which has an overall aim to achieve upwards of 15% of trips by public transport.

For effectiveness, making clear how meeting the 15% target should be demonstrated through a travel plan.  

 

MM3.23 Policy SS9: Land East of Metcalfe Lane

    ix.  Provide a detailed site wide recreation and open space strategy and demonstrate its application in site masterplanning. This must include:

o    Create Creation of new open space (as shown on the proposals Policies Map as allocation OS7) to protect the setting of the Millennium Way that runs through the site. Millennium Way is an historic footpath which follows Bad Bargain Lane and is a footpath linking York’s strays and should be kept open. A 50m green buffer has been included along the route of the Millennium Way that runs through the site to provide protection to this Public Right of Way and a suitable setting for the new development.

o   Open space provision that satisfies policies GI2a and GI6

To ensure impacts identified in the HRA (2020) as a result of recreational pressure on Strensall Common SAC are mitigated.

 

MM3.24 Policy SS9: Land East of Metcalfe Lane

 x.          Minimise impacts of access from Murton Way to the south on ‘Osbaldwick Meadows’ Candidate Site of Importance for Nature Conservation and provide compensatory provision for any loss.

For clarity. Inclusion of ‘candidate’ recognises the habitats are still of value, but do not fully meet the SINC criteria.

MM3.25 Policy SS9 explanation – paragraph 3.48

Education and community provision should be made early in the scheme’s phasing, in order to allow the establishment of a new sustainable community. A new primary facility and secondary provision may be required to serve the development as there is limited capacity available in existing schools. Contributions towards secondary provision will be sought with a new facility provided in association with ST8 (Land North of Monks Cross). Further detailed assessments and associated viability work will be required.

Deleted for consistency with MM3.19.

MM3.26 Policy SS10: Land North of Monks Cross

  i.      Deliver a sustainable housing mix in accordance with the Council’s most up to date Strategic Housing Market Assessment.

Protect and, where appropriate, strengthen existing boundary features that are recognisable and likely to remain permanent. Where the site’s boundary is not defined by recognisable or permanent features it should be addressed through the masterplan and design process in order for strong and defensible Green Belt boundaries to be created and secured.

Deleted because housing mix is addressed under policy H3. Criterion replaced with wording to secure strong green belt boundaries around the site in response to the assessment at EX/CYC/59g.

 

MM3.27 Policy SS10: Land North of Monks Cross

   iv.    Explore the creation of Provide a new green wedge to the west of the site south of the Garth Road link to play an important role in protecting ecological assets, safeguarding the historic character and setting of the city and conserving on-site heritage assets including Ridge and Furrow, archaeology, hedgerows and trees that contribute to the setting of Huntington. It should be linked into the adjacent new housing scheme currently under construction development at Windy Ridge/Brecks Lane…

For clarity and effectiveness, recognising the green wedge is deliverable south of the Garth Road link. 

 

MM3.28 Policy SS10: Land North of Monks Cross

   vi.    Provide a detailed site wide recreation and open space strategy and demonstrate its application in site masterplanning.  This must include:

  • Create Creation of a new open space on additional land to the east of the Monks Cross Link Road (as shown on the proposals Policies Map as allocation OS8). This land remains in the Green Belt. Open space provision should still be provided to the required quantum within the main allocation boundary and t Traffic calming measures should be provided along Monks Cross Link Road alongside the provision of pedestrian footways and safe crossing points. Ecological mitigation is also required on land to the east of the Link Road.
  • Open space provision that satisfies policies GI2a and GI6

To ensure impacts identified in the HRA (2020) as a result of recreational pressure on Strensall Common SAC are mitigated.

 

MM3.29 Policy SS10: Land North of Monks Cross

 x.       Demonstrate that all transport issues have been addressed, in consultation with the Council and Highways England, as necessary, to ensure sustainable transport provision at the site is achievable. The site will exacerbate congestion in the area, particularly at peak times given its scale and the capacity of the existing road network. The transport and highway impacts of the site development should be assessed individually and cumulatively with sites ST7, ST9, and ST14. and ST35 Where necessary proportionate mitigation will be required should be addressed.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012: making clear a ‘proportionate’ approach is to be applied and that mitigation will be required where there is evidence of need. Wording consistent with modifications to other strategic site policies

MM3.30 Policy SS10: Land North of Monks Cross

xi.       Deliver high quality, frequent and accessible public transport services through the whole site including facilitation of links to local employment centres and York City Centre. It is envisaged such measures will enable 15% of trips to be undertaken using public transport. All measures proposed to support public transport use should be identified and agreed as part of a Sustainable Travel Plan which has an overall aim to achieve upwards of 15% of trips by public transport.

For effectiveness, making clear how meeting the 15% target should be demonstrated through a travel plan.  

MM3.31 Policy SS11: Land North of Haxby

Land North of Haxby (ST9) will deliver approximately 735 dwellings…

For appropriate flexibility

MM3.32 Policy SS11: Land North of Haxby

i.        Be of a high design standard which will provide an appropriate new extension to the settlement of Haxby.

ii.       Deliver a sustainable housing mix in accordance with the Council’s most up to date Strategic Housing Market Assessment and affordable housing policy, addressing local need for smaller family homes and bungalows/sheltered housing.

Deleted because matters are addressed under policy H3 and other design and placemaking policy, including D1.

MM3.33 Policy SS11: Land North of Haxby

iii.      Provide a detailed site wide recreation and open space strategy and demonstrate its application in site masterplanning. This must include:

·         Create Creation of new open space to the south of the site (in accordance with policy GI6 shown on the proposals map) to reflect the needs of the Haxby and Wigginton ward. This may include including formal pitch provisions, informal amenity greenspace, play provision, cemeteries and allotments. The open space needs of the area should be assessed in detail, liaising with Haxby Town Council and Wigginton Parish Council, the neighbourhood plan group and local residents.

·         Open space provision that satisfies policies GI2a and GI6.

To ensure impacts identified in the HRA (2020) as a result of recreational pressure on Strensall Common SAC are mitigated.

 

MM3.34 Policy SS11: Land North of Haxby

     i. Create new local facilities as required, subject to viability, to provide an appropriate range of shops, services and facilities to meet the needs of future occupiers of the development.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

MM3.35 Policy SS11: Land North of Haxby

 viii. Demonstrate that all transport issues have been addressed, in consultation with the Council as necessary, to ensure sustainable transport provision at the site is achievable. The transport and highway impacts of the site development should be assessed individually and cumulatively with sites ST7, ST8, ST14 and ST15. Where necessary proportionate mitigation will be required should be addressed.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012 – making clear a ‘proportionate’ approach is to be applied and that mitigation will be required where there is evidence of need. Wording consistent with modifications to other strategic site policies.

MM3.36 Policy SS11 explanation – paragraph 3.56

The new open space shown on the proposals Policies Map…

To correct the map reference.

MM3.37 Policy SS12: Land West of Wigginton Road

It will deliver approximately 1,348 dwellings, approximately 1200 1000 units of which will be delivered within the plan period….

To update the expected delivery beyond the plan period in accordance with EX/CYC/107

MM3.38 Policy SS12: Land West of Wigginton Road

ii. Deliver a sustainable housing mix in accordance with the Council’s most up to date Strategic Housing Market Assessment and affordable housing policy.

Deleted because matters are addressed under policy H3 and H10.

MM3.39 Policy SS12: Land West of Wigginton Road

iv.      Deliver on site, accessible combined nursery and primary education facilities, which meet the needs generated by the development, and are well connected to housing by dedicated pedestrian/ cycleways.

v.       Secure developer contributions for secondary school places as necessary to meet the need for new places generated by the development

For clarity and effectiveness.

MM3.40 Policy SS12: Land West of Wigginton Road

vi.    Ensure provision of new all purpose access roads to the east/south from A1237 Outer Ring Road/Wigginton Road roundabout Clifton Moor Gate and off the Wigginton Road/B1363 (as indicatively shown on the proposals Policies Map). The internal layout of any future development on the site could be such that it creates discrete sectors, each with a specific access.

To correct the roundabout reference and make clear the locations on the policy map are indicative.

MM3.41 Policy SS12: Land West of Wigginton Road

vii.   Demonstrate that all transport issues have been addressed, in consultation with the Council as necessary, to ensure sustainable transport provision at the site is achievable. The transport and highways impacts of the site development individually and cumulatively should be assessed with sites ST7, ST8, ST9, and ST15. and ST35 should be addressed. Where necessary, proportionate mitigation will be required.

For clarity and effectiveness; making clear a ‘proportionate’ approach is to be applied and that mitigation will be required where there is evidence of need. Wording consistent with modifications to other strategic site policies

MM3.42 Policy SS12: Land West of Wigginton Road

 viii.    Deliver local capacity upgrades to the outer ring road in the vicinity of the site, to include associated infrastructure to protect public transport journey times on junction approaches. Opportunities to provide grade separated, dedicated public transport routes across the A1237 should be explored in feasibility, viability and cost-benefit terms.

Phased development which reflects the delivery of dualling works to the A1237 outer ring road, upgrades and creation of a 4th arm to the Clifton Moor Gate roundabout and pedestrian/cycle underpass to connect Clifton Moor to the site.

For clarity and effectiveness and to reflect the off-site highway works required.

MM3.43 Policy SS12: Land West of Wigginton Road

ix.  Deliver high quality, frequent and accessible public transport services throughout the development site, which provide links to other local rural communities where feasible, as well as to main employment centres. It is envisaged such measures will enable upwards of 15% of trips to be undertaken using public transport. All measures proposed to support public transport use should be identified and agreed as part of a Sustainable Transport Strategy which has an overall aim to achieve upwards of 15% of trips by public transport.

x.   To encourage the maximum take-up of more active forms of transport (walking and cycling), ensure the provision of high quality, safe, direct and accessible pedestrian and cycle links which create well-connected internal streets and walkable neighbourhoods including that provide connectivity to:

a)    the community, retail and employment facilities immediately to the south, (likely to take the form of an overbridge); via pedestrian/cycle underpass

b)    the surrounding green infrastructure network (with particular regard to public rights of way immediately west of the site) and improvements to A1237 crossing facilities); and

c)     existing pedestrian and cycle networks across the city via pedestrian/cycle underpass that will connect Clifton Moor to the site.

For clarity and effectiveness relating to active and sustainable transport requirements.

MM3.44 Policy SS12: Land West of Wigginton Road

xii.   Protect and enhance local green assets, trees and hedge-lines and enhance existing landscape character. Protect and, where appropriate, strengthen existing boundary features that are recognisable and likely to remain permanent. Where the site’s boundary is not defined by recognisable or permanent features it should be addressed through the masterplan and design process in order for strong and defensible Green Belt boundaries to be created and secured.

To ensure strong green belt boundaries around the site are secured in response to the assessment at EX/CYC/59g.

MM3.45 Policy SS12: Land West of Wigginton Road

xiv. Provide a detailed site wide recreation and open space strategy and demonstrate its application in site masterplanning. Open space provision must satisfy policies GI2a and GI6.

To ensure impacts identified in the HRA (2020) as a result of recreational pressure on Strensall Common SAC are mitigated.

MM3.46 Policy SS12 explanation – paragraph 3.61

The design and layout of the road should minimise the impact upon the openness of the Green Belt and demonstrate how it would safeguard those elements which contribute to the special character and setting of the historic City.

In response to ongoing negotiation, and to provide clarity on the wider access considerations.

MM3.47 Policy SS13: Land West of Elvington Lane

…It will deliver approximately 3,339 dwellings, around 2,200 of which it is expected that 560 units of which will be delivered within the plan period…

To update the expected delivery beyond the plan period in accordance with EX/CYC/107

MM3.48 Policy SS13: Land West of Elvington Lane

ii.     Deliver a sustainable housing mix in accordance with the Council’s most up to date Strategic Housing Market Assessment and affordable housing policy

Deleted because matters are addressed under policy H3.

MM3.49 Policy SS13: Land West of Elvington Lane

iii.    The south eastern and south western boundaries of the site are less well contained than to the north so it will be important for the site to establish its own landscape setting. Protect and, where appropriate, strengthen existing boundary features that are recognisable and likely to remain permanent. Where the site’s boundary is not defined by recognisable or permanent features it should be addressed through the masterplan and design process in order for strong and defensible Green Belt boundaries to be created and secured.

To ensure strong green belt boundaries around the site are secured in response to the assessment at EX/CYC/59g.

MM3.50 Policy SS13: Land West of Elvington Lane

iv.    Create new open space (as shown on the proposals map) within the site to maintain views of the Minster and existing woodland.

Correction to erroneous reference to the proposals map.

MM3.51 Policy SS13: Land West of Elvington Lane

v.    Impacts to Elvington Airfield SINC and on biodiversity within the site and zone of influence will be addressed by following the mitigation hierarchy with the overall aim to prevent harm to existing biodiversity assets, delivering no net loss for biodiversity and maximise further benefits for biodiversity. Where required cCompensatory measures should take full account of the extent and quality of the asset being lost or damaged and equivalent or enhanced habitats should be provided within the development site of ST15, on the compensatory habitat of OS10 as provided for in Policy GI6 and on the western part of the existing runway shown on the Policies Map.

vi.     Securing a minimum of 10% provision of biodiversity net gain in relation to ST15.

vii.    vi Follow a mitigation hierarchy to first seek to avoid impacts, then to mitigate unavoidable impacts or compensate unavoidable residual impacts on Heslington Tillmire SSSI and the Lower Derwent Valley SPA/Ramsar through the:

·         incorporation of a new nature conservation area (as shown on the proposals Policies Map as allocation OS10 and included within Policy GI6) including a buffer of wetland habitats, a barrier to the movement of people and domestic pets on to the SSSI and deliver further benefits for biodiversity. A buffer of at least 400m from the SSSI will be required in order to adequately mitigate impacts unless evidence demonstrates otherwise; and

·         provision of a detailed site wide recreation and access strategy to minimise indirect recreational disturbance resulting from development and complement the wetland habitat buffer area which will be retained and monitored in perpetuity. A full understanding of the proposed recreational routes is required at an early stage.

viii.   vii Deliver ecological mitigation and compensation measures 5 years prior to pre-commencement of any development. They must be supported by a long term management plan (30 year minimum), and be retained and monitored in perpetuity.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

MM3.52 Policy SS13: Land West of Elvington Lane

    ix.        Viii Protect the character, setting and enjoyment of Minster Way, otherwise referred to as Langwith Stray, within ST15.

     x.        Provide an appropriate range of shops, services and facilities for including social infrastructure such as health, social, leisure, cultural and community uses to meet the needs of future residents. Provision should be made early in the scheme’s phasing in order to allow the establishment of a new sustainable community. This should be principally focused around a new local centre

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

MM3.53 Policy SS13: Land West of Elvington Lane

    xi.        x Deliver new on-site education provision to meet nursery and primary education facilities, which meet the needs generated by the development. and potentially secondary demand, to be assessed based on generated need. New nursery, primary and potentially secondary provision will be required to serve the earliest phases of development. Secondary school facilities should be provided on land identified on the Policies Map if there is evidence that the need generated by the development justifies this provision. If not, appropriate contributions to off-site provision will be secured.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012 – recognising land identified for a secondary school if required.

MM3.54 Policy SS13: Land West of Elvington Lane

   xii.        xi Demonstrate that all transport issues have been addressed, in consultation with the Council and Highways England as necessary, to ensure sustainable transport provision at the site is achievable. The transport and highway impacts of the site should be assessed individually and cumulatively with sites ST7, ST8, ST9, ST14, ST27, ST35 and ST36 should be addressed. Where necessary proportionate mitigation will be required.

  xiii.        xii Ensure phased provision of necessary transport infrastructure at the right time to access the site with primary access via the A64 (as shown indicatively on the proposals Policies Map) and a potential secondary access via Elvington Lane. The capacity of the local highway network including Elvington Lane and junctions is limited. Elvington Lane can service the early phase of the development, subject to delivering a new link road between Elvington Lane and Hull Road, as well as works to the south of Grimston Bar Interchange/Elvington Lane Junction. This is subject to detailed assessment at the application stage and is to be agreed through an approved phasing strategy.

Clarity and effectiveness on the approach to access and highway infrastructure requirements, recognising additional work that has been undertaken.

MM3.55 Policy SS13: Land West of Elvington Lane

  xiv.        xiii Retain Common Lane/Long Lane/Langwith Stray as cycle/pedestrian routes only to ensure protection of the character of Heslington Village. These routes are very lightly trafficked roads, and could provide pleasant cycle and pedestrian routes from the site to Heslington. It is essential that there is no vehicular transport access to Heslington village along these routes to ensure the setting of Heslington village is maintained. Create cycle and pedestrian routes along Common Lane/Long Lane/Langwith Stray from ST15 to Heslington, ensuring no vehicular access from ST15 to Heslington village along these routes to ensure the setting of Heslington village is maintained

   xv.        xiv Deliver improvements to Explore the potential for local bridleways (e.g. Fordlands Road/ Forest Lane) running through or near the site to be used as year round cycle routes.

Drafting improvements to aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012

MM3.56 Policy SS13: Land West of Elvington Lane

xvi.         Xv Provide dedicated secure access for existing local residents and landowners to be agreed with the community of Heslington. Appropriate solutions would need to ensure access is preserved for existing residents and landowners developed in consultation with the community of Heslington. Ensure that vehicular access to connect premises along Common Lane/Long Lane to Heslington is retained as part of the wider ST15 access arrangements.

xvii.       Xvi Deliver high quality, frequent and accessible public transport services through the whole site which provide links to and between new the on-site local centre and community facilities, as well as to York city centre and other appropriate service hubs, including the University of York. A public transport hub at the local centre should provide appropriate local interchange and waiting facilities for new residents. All measures proposed to support public transport use should be identified and agreed as part of a Sustainable Transport Strategy, with the overall aim to achieve upwards of 15% of trips to be undertaken by public transport. It is envisaged such measures will enable upwards of 15% of trips to be undertaken using public transport.

xix.      Xviii Exploit Optimise synergies with the existing university campus and proposed university expansion in terms of site servicing including transport, energy and waste.

Drafting improvements to aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012

MM3.57 Policy SS13 explanation – paragraph 3.64

…Any large-scale development solely relying on Elvington Lane would not be supported. Initial modelling work suggests that the Elvington Lane access can accommodate around 1,000 units (approximately 30% of final development at 3,339 units).

Public transport improvements, as well as pedestrian and cycle connections, between ST15, ST26 and ST27 should be considered in order to maximise opportunities to secure non car travel between these three sites.

 

To reference to latest evidence on access and transport to support the effectiveness of Policy SS13.  

MM3.58 Policy SS13 explanation – paragraph 3.67

A joined up transport approach would need to be taken to consider the site in combination with other potential developments in the city including the University Expansion Site (ST27) and Elvington Airfield Business Park (ST26). The provision of a new grade separated junction onto the A64 would remain form part of the essential infrastructure for any development in this location. In the interest of sustainability, opportunities should be explored to reuse the aggregates arising from the runway in ST15 in the construction of the new junction or other new highway infrastructure. The viability of delivering significant new or improved transport infrastructure has been must be considered and should be kept under review with evidence provided to demonstrate its robustness. Equally, detailed analysis would will be required to confirm that sustainable travel options (to avoid the site being heavily car dependent) were are realistic and financially sound. The site will require high frequency public transport services based on the overall a minimum target of 15% journeys by public transport bus. In order to minimise car use the development would need a robust transport strategy will be required documenting alternative routes including proposals for buses, walking and cycling.

To support the implementation and effectiveness of Policy SS13.

MM3.59 Policy SS14: Terrys Extension Sites

Terry’s Extension Sites (ST16) will deliver 111 dwellings in total at these urban development sites, 22 dwellings on Terry’s Clock Tower and approximately 33 dwellings on Terry’s Car Park and approximately 56 dwellings on Land to the rear of Terry’s Factory

 

Terry’s Extension Site (Phase 3) - Land to the rear of Terry’s Factory

  1. Retain and enhance the formal gardens area adjacent to the site.
  2. Achieve high quality urban design which respects the character and fabric of the wider Terry’s factory site and buildings of architectural merit. This includes conserving and enhancing the special character and/or appearance of the Tadcaster Road and the Racecourse and Terry’s Factory Conservation Areas.
  3. Development should complement existing views to the factory and clock tower. 

For clarity in recognition that the site rear of the factory (phase 3) is being developed for an alternative healthcare use.

MM3.60 Policy SS15: Nestle South

Nestle South (ST17) will deliver 863 approximately 581 dwellings in total, 263 279 in Phase 1 and around up to 600 302 dwellings in Phase 2 at this urban development site.

     ii.        Provide a mix of housing in line with the Council’s most up to date Strategic Housing Market Assessment.

To provide flexibility around the quantum of development, but with updated reference to numbers of homes approved on the site.

Criterion ii deleted because matters are addressed under policy H3.

MM3.61 Policy SS16: Land at Tadcaster Road, Copmanthorpe

Land at Tadcaster Road, Copmanthorpe (ST31) will deliver approximately 158 dwellings

For flexibility and effectiveness.

MM3.62 Policy SS16: Land at Tadcaster Road, Copmanthorpe

i.              Deliver a sustainable housing mix in accordance with the Council’s most up to date Strategic Housing Market Assessment

 

Criterion deleted because matters are addressed under policy H3.

MM3.63 Policy SS16: Land at Tadcaster Road, Copmanthorpe

     ii.        Create new open space (as shown on the proposals Policies Map) within the site which should be delivered prior to the first phase of development occupation to ensure, in particular, the protection of the adjacent SSSI.

For clarity and to enhance developability.

MM3.64 Policy SS16: Land at Tadcaster Road, Copmanthorpe

     v.        Provide site access via Tadcaster Road, with no secondary vehicle access from Learmans Way.

   vii.        Provide required financial contributions to existing local primary and secondary facilities to enable the expansion to accommodate pupil yield. Secure developer contributions for primary and secondary school provision as necessary to meet the need generated by the development.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012, recognising that Learmans Way does not adjoin the site.

MM3.65 Policy SS17: Hungate

Hungate (ST32) – Phases 5+ as identified on the Policies Map will deliver approximately 328 570 dwellings at this urban development site. In addition to complying with the policies within this Local Plan, the site must be delivered in accordance with the agreed site masterplan through existing outline and full planning consents. Development proposals should have regard to

 

In line with the Hungate Development Brief vision, where appropriate. ST32 must be of the highest quality which adds to the vitality and viability of the city centre, is safe and secure, and which promotes sustainable development. Priority should be given to pedestrians, people with mobility impairments, cyclists and public transport. Design should respect local amenity and character whilst being imaginative and energy-efficient. The special character and/or appearance of the adjacent Central Historic Core Conservation Area should be conserved and enhanced.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012 – recognising that all undeveloped blocks on the Hungate site form part of the allocation. Requirement for compliance with planning permissions removed for flexibility.

MM3.66 Policy SS18: Station yard, Wheldrake

i.      Deliver a sustainable housing mix in accordance with the Council’s most up to date Strategic Housing Market Assessment and affordable housing policy, addressing local need for smaller family homes and bungalows/sheltered housing.

 

Criterion deleted because matters are addressed under policy H3.

MM3.67 Policy SS18: Station yard, Wheldrake

 ii.       Be of a high design standard to which will pProvide an appropriate new extension to Wheldrake whilst maintaining the character of the village.

 

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

MM3.68 Policy SS18: Station yard, Wheldrake

iv.     Undertake a comprehensive evidence based approach in relation to biodiversity to address potential impacts of recreational disturbance on the Lower Derwent Valley Special Protection Area (SPA)/Ramsar/SSSI. This will require the developer to publicise and facilitate the use of other, less sensitive countryside destinations nearby (e.g. Wheldrake Woods) and provide educational material to new homeowners to promote good behaviours when visiting the European site.  The former could be supported by enhancing the local footpath network and improving signage.

To clarify the mitigation required as detailed in the Habitat Regulation Assessment (2018).

MM3.69 Policy SS18: Station yard, Wheldrake

 viii.    Provide required financial contributions to existing nursery, primary and secondary facilities to enable the expansion to accommodate demand arising from the development. Secure developer contributions for primary and secondary school provision as necessary to meet the need generated by the development.

For consistency with re-wording across strategic site policies.

MM3.70 Policy SS19: Queen Elizabeth Barracks, Strensall

Policy SS19 and explanatory text at paragraphs 3.82 – 3.88 deleted.

Site removed following Habitat Regulations Assessment (Feb 2019) which did not rule out adverse effects on the integrity of Strensall Common Special Area of Conservation (SAC).

MM3.71 Policy SS20: Imphal Barracks, Fulford Road

Following the Defence Infrastructure Organisation’s disposure disposal of the site by 2031 Imphal Barracks (ST36) will deliver approximately 769 dwellings at this urban development site. Development is not anticipated to commence until the end of the plan period….

For flexibility and effectiveness.

MM3.72 Policy SS20: Imphal Barracks, Fulford Road

Demonstrate that all transport issues have been addressed, in consultation with the Council and Highways England as necessary, to ensure appropriate provision is made for sustainable transport provision at the site is achievable. There are existing issues with traffic congestion in this area. The base traffic situation on the A19 is that it is at or exceeding capacity in the vicinity of Heslington Lane/Broadway. The potential transport implications transport and highway impacts of the site development must be fully assessed both individually and cumulatively with sites ST5 and ST15. Where necessary proportionate mitigation will be required.

For clarity and effectiveness; making clear a ‘proportionate’ approach is to be applied and that mitigation will be required where there is evidence of need. Wording consistent with modifications to other strategic site policies

MM3.73 Policy SS20: Imphal Barracks, Fulford Road

ii.      Deliver a sustainable housing mix in accordance with the Council’s most up to date Strategic Housing Market Assessment.

Criterion deleted because matters are addressed under policy H3.

MM3.74 Policy SS20: Imphal Barracks, Fulford Road

iii.     An agreed masterplan to ensure the site’s redevelopment will make a positive contribution to the character and distinctiveness of the local area, informed by:

o    the architectural and historic interest of the site and its buildings, including the parade ground and other open areas, related to the site’s military use and York’s development as a garrison town; and,

o    the impact of development on the Fulford Road Conservation Area

 

The development of this area must be informed by an assessment of architectural and historic interest of the site and its buildings. Those buildings which are considered to be of historic interest should be retained and reused.

 

iv.     The parade ground and other open area which are important to the understanding of the site and its buildings should be retained as open spaces in any development.

v.      If, following the City Council's review of the architectural and historic interest of this site, Imphal Barracks is included within the Fulford Road Conservation Area, development proposals would be required to preserve or enhance those elements which have been identified as making a positive contribution to its significance.

vi.     Regardless of the outcome of the paragraph above, the significance of the site’s historic environment should be addressed. This includes conserving and enhancing the special character and/or appearance of the adjacent Fulford Road Conservation Area.

vii.    Be of a high design standard, ensuring the development reflects the history of the site and its previous military use. This site does not exist as an army barracks in isolation and has linkages to other military sites across the city and is linked to the development of York as a garrison town and this history should be reflected in the design of any scheme.

viii.   Undertake an archaeological evaluation consisting of survey and excavation of trenches to identify the presence and assess the significances of archaeological deposits.

For clarity and effectiveness, and conformity with the NPPF regarding approach to retaining buildings of historic interest.

MM3.75 Policy SS20: Imphal Barracks, Fulford Road

x.      Consider in detail the proximity and relationship of the site with Walmgate Stray, including undertaking further hydrological work to assess the potential impact of development on the Stray and to the value of the grassland, and to explore any water logged archaeological deposits. Recreational disturbance/pressure on the Stray and the Tillmire SSSI (individual and cumulative effects) should be considered assessed and, where necessary, mitigated.

xii.    Create new local facilities as required appropriate to meet the needs of future occupiers of the development.

xiii.   Retain and enhance recreation and open space for community use to mitigate any potential impacts on the adjacent Walmgate Stray.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012

MM3.76 Policy SS21: Land South of Airfield Business Park, Elvington

Land South of Airfield Business Park, Elvington (ST26) will provide 25,080sqm of B1b, B1c, B2/B8 employment floorspace for research and development, light industrial/storage and distribution. In addition to complying with the policies within this Local Plan, the site must be delivered in accordance with the following key principles.having regard to the following issues:

 

ii.     Retain and enhance historic field boundaries where possible and reflect in the masterplanning of the site.

iv.    Demonstrate that all transport issues have been addressed, in consultation with the Council as necessary, to ensure sustainable transport provision at the site is achievable. Impacts on Elvington Lane and Elvington Lane/A1079 and A1079/A64 Grimston Bar junctions will need to be mitigated. Demonstrate that all transport issues have been addressed including consideration of the provision of sustainable modes of transport.

v.     Further explore air quality, noise and light pollution and contamination issues.

vi.    Investigate further archaeological deposits on and around the site.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

Modifications delete superfluous text, recognising that there is no justification to include reference to historic field boundaries and that issues related to criteria v and vii are dealt with under free standing development management policies. 

 

MM3.77 Policy SS22: University of York Expansion 

 

New policy SS22, wholly replacing submission policy.

 

 

Policy SS22: University of York Expansion 

 

As shown on the Policies Map as ST27, 21.2 ha of land to the south of the existing Campus East site is allocated for the future expansion of the university during the plan period. It will provide university uses consistent with Policy ED3 having regard to the following considerations together with those in ED1: 

 

  • Create an appropriate buffer between the site and the A64 where the boundary is adjacent to the A64 in order to mitigate heritage and noise impacts and address landscape and visual impacts. 
  • Assess cumulative transport impacts with other sites including ST5 and ST15 and in relation to the University’s impacts provide appropriate mitigation.  
  • Explore feasibility of a junction on the A64 to the south of the site with delivery in conjunction with ST15 
  • Identify any opportunities with ST15 for managing development impacts in terms of site servicing including transport, energy and waste. 
  • Deliver high quality, frequent and accessible public transport services to York City Centre. It is envisaged such measures will enable upwards of 15% of trips to be undertaken using public transport 
  • Optimise pedestrian and cycle integration, with access networks for a range of non-car uses to be accommodated. 

The proposed changes will enhance the effectiveness of the Policy and improve clarity for decision making purposes in line with paragraph 154 of NPPF 2012. The modifications to Policy SS22 and Policy EC1 clarify the importance of the landscape setting without conflating it with reference to defined ‘key’ views.

MM3.78 Policy SS22 Explanation

Explanation 

 

3.97a The University of York retains a high profile in both the UK and in the rest of the world. The university’s status is reflected in the high demand for student places, excellence in research and demand for research co-locations and it is currently projected that its growth will continue over the duration of the plan period. Without the campus extension, the university will not be able to continue to grow beyond 2026. As one of the leading higher education institutions, the university needs to continue to facilitate growth, within the context of its landscaped setting which gives it a special character and quality, to guarantee its future contribution to the need for higher education and research and to the local, regional and national economies. The 21.5ha of land at ST27 is allocated for university uses to support this growth.

3.98        The University of York is a key component of the long term success of the city and it is important to provide a long term opportunity for the University to expand. It offers a unique opportunity to attract businesses that draw on the Universities applied research to create marketable products. There is lots of evidence from around the country that shows the benefits of co-location of such businesses with a University. The University proposal is a key priority in the Local Economic Plan Growth Deal that has been agreed with the government and is also included as a priority area in the York Economic Strategy (2016) which recognises the need to drive University and research led growth in high value sectors. The existing campus and ST27 will include new knowledge-based business floorspace and research led activities appropriate to a university campus. The site will also facilitate the re-configuration of the existing Campus 3 site to provide additional on-campus student accommodation helping to reduce the impacts on the private rented sector.

 

3.98a     ST27 plays a critical part in the attractive setting of the city. The land to the west is particularly important for maintaining the setting of Heslington village and key views.  it has a distinctive landscape quality and provides accessible countryside to walkers and cyclists on the land and public footpaths. The expansion will bring development close to the A64 Ring Road with implications for the interface between the southern edge of York and the countryside to its south. To mitigate any impacts on the historic character and setting of the city, the expansion site must provide a landscape buffer between development on the site and the A64. This can be provided within the site where parallel to the A64, but beyond it on the other boundaries – maximising the developable area while responding sensitively to the landscape setting.       

3.99        A broadly four sided site which is generally well contained on three sides. The northern boundary is Low Lane, a narrow single track country lane which runs from Heslington in an easterly direction, to the point where it turns northwards towards the University campus. The boundary treatment is a hedge with intermittent trees along its edge. From the point where Low Lane turns northwards, the site boundary heads south east towards the Ring Road and the flyover (track which leads towards Grimston Grange). This part of the boundary is denoted by a post and wire fence at the bottom of an embankment, over looking the new velodrome. From this point, the sites south east boundary runs along the alignment of the Ring Road in a south westerly direction (with hedge and ditch boundary), to the next field boundary, where it cuts across the southern edge of the site. This boundary consists of a hedge field boundary to the point where it meets Green Lane, a narrow track bounded by hedges and trees on both sides, to the point where it meets Low Lane. Green Lane forms the western boundary of the site.

 

3.99a     The site has a distinctive landscape quality and provides accessible countryside to walkers and cyclists on the land and public footpaths. The land to the west is particularly important for maintaining the setting of Heslington village and key views. To mitigate any impacts on the historic character and setting of the city the expansion site must create an appropriately landscaped buffer between development on the site and the A64. This can be buffer will be provided within the site where parallel to the A64, but beyond it on the other boundaries – maximising the developable area while responding sensitively to the landscape setting. This will be established through the masterplanning of the site.

3.100     Campus East was designed and established with the development area being car-free.  It facilitates the majority of journeys being by non-car modes. Development of ST27 is expected to incorporate this principle. ST27 will be accessed from Hull Road via Campus East. In addition, the development should exploit any shared infrastructure opportunities arising from the proximity of the housing allocation at ST15: Land to the west of Elvington Lane to the University of York. The existing Heslington East campus is designed and established to offer significant proportions of journeys by walking, cycling and public transport. Any future proposals must continue this existing provision (including bus services).

 

3.101     ‘Vehicular access to ST27 will be from Hull Road or Field Lane via Kimberlow Lane and Lakeside Way, then south from Lakeside Way into the site’. The Heslington East Campus Extended Master Plan (June 2014) shows no additional entry points into the Campus from those already existing (Lakeside Way (bus and cycle only), Field Lane/Kimberlow Lane and Kimberlow Lane running south from Hull Road Grimston Bar Park & Ride link road.

 

3.101a   A development brief for ST27 will be prepared by the University in line with relevant Plan policies. The University will engage with the Council and communities in preparing this development brief,..

Changes to the supporting text reflect the amended policy wording. Text is proposed for inclusion more clearly describe the wider site context and its importance. The detailed text describing the site and boundaries is proposed for deletion as the content of this is unnecessary for inclusion as it neither justifies nor explains the policy. likewise

MM3.79 Policy SS23: Land at Northminster Business Park

Land at Northminster Business Park (ST19) will provide 49,500sqm across the of Use class E office, research and development, light industrial uses, industrial (Use Class B2) and storage/ distribution (Use Class B8) B1, B2, B8 uses based on a split of approximately 40/60 office (Use class E) B1a to light industrial (Use Class E) / B2/B8 which is the current ratio at the existing business park. In addition to complying with the policies within this Local Plan, the site must be delivered in accordance with the following key principles.having regard to the following issues:

 

i.      Provide for a sustainable business park to help meet the city’s employment needs, ensuring that its composition reflects the economic vision of York.

ii.     Develop a comprehensive scheme which is linked to the existing business park.

iv.    Promote sustainable transport solutions linking the proposed site to the Park & Ride.

v.     Optimise integration, connectivity and access through the provision of new pedestrian, cycle, public transport and vehicular routes to ensure sustainable movement into, out of and through the site. The site is in a sustainable location with access to the Poppleton Bar Park & Ride offering frequent bus routes to the city centre, access to Poppleton Rail Station and vehicular access to the A59. The site is in a sustainable location and all transport issues should be addressed including the optimisation of connectivity to sustainable modes of transport into, out of and through the site

vi.    Provide a high quality landscape scheme in in order, as appropriate, either to mitigate impacts and screen the development and/or to provide providing an appropriate relationship with the surrounding landscape. Attention should be given to the site’s relationship with the countryside to the west of the site, to the southern boundary of the site, with Moor Lane (bridleway) and the village of Knapton.

vii.   Ensure that the residential amenity of neighbouring residential properties is maintained.

viii.  Prepare a desk based archaeological assessment to inform the site masterplan.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

Modifications reflect changes to use classes and delete superfluous text, recognising that criteria i and ii do not add anything to the policy’s effectiveness. Criterion iv is deleted as the links are dealt with in v.

 

Criteria vii and viii are deleted as these matters are dealt with under separate development management policies (ENV2 and D6).   

 

MM3.80 Policy SS24: Whitehall Grange, Wigginton Road

Whitehall Grange, Wigginton Road (ST37) will provide up to 33,330sqm for B8 storage use. In addition to complying with the policies within this Local Plan, the site must be delivered in accordance with the agreed site masterplan through the existing outline consent a masterplan secured by planning permission.

To provide appropriate flexibility.

 


 

3.   SECTION 4: ECONOMY AND RETAIL

Section 4: Economy and Retail

Modification Reference

Proposed Modification

Reason for change

MM4.1 Policy EC1: Provision of Employment Land

Provision for a range of employment uses during the plan period will be made on the following strategic sites (those over 5ha):

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012

MM4.2 Policy EC1 Provision of Employment Land

Site 

Floorspace 

Suitable Employment Uses 

ST5: York Central  

100,000sqm  

Office (Use Class E)B1a 

ST19: Land at Northminster Business Park (15ha)  

49,500sqm   

Light Industrial (Use Class E) B1c, Industrial (Use Class B2) and Storage/Distribution B8). May also be This site is suitable for an element of Office (Use Class E) in line with Policy SS23 B1a.  

Heslington Campus East and ST27: University of York Expansion (21.2ha)*  

40,000sqm* 

Knowledge based businesses (Use Class E)  

ST27: University of York Expansion (21.5ha)  

Campus East and ST27 will across both sites deliver up to 25ha of B1b knowledge based businesses including research led science park uses identified in the existing planning permission for Campus East.  

ST26: Land South of Airfield Business Park, Elvington (7.6ha)  

25,080sqm  

Research & Development (Use Class E) B1b, B1c Light Industrial (Use Class E), Industrial (Use Class B2)  and Storage/Distribution B8).  

ST37: Whitehall Grange, Wigginton Road (10.1ha)  

33,330sqm  

Storage/Distribution B8.  

 

*This is an approximate and indicative figure based on the University of York’s predicated growth and may be reduced to accommodate other employment generating University uses identified in Policy ED1 York City Centre will remain the focus for main town centre uses (unless identified above). Proposals for main town centre uses for non city centre locations will only be considered acceptable where it can be demonstrated that they would not have a detrimental impact on the city centre’s vitality and viability and the sustainable transport principles of the Plan can be met.  

Provision for a range of employment uses during the plan period will be made on the following other sites:  

Site 

Floorspace 

Suitable Employment Uses 

E8: Wheldrake Industrial Estate (0.45ha)   

1,485sqm  

B1b, B1c, B2 and B8.  

E9: Elvington Industrial Estate (1ha)  

3,300sqm  

B1b, B1c, B2 and B8. 

 

Research & Development (Use Class E), Light Industrial (Use Class E), Industrial (Use Class B2) and Storage/Distribution B8).  

E10: Chessingham Park, Dunnington (0.24ha)  

792sqm  

B1c, B2 and B8.   

Light Industrial (Use Class E), Industrial (Use Class B2) and Storage/Distribution B8).  

E11:Annamine Nurseries. Jockey Lane (1ha)  

3,300sqm  

B1a, B1c, B2 and B8.   

Office (Use Class E), Light Industrial (Use Class E), Industrial (Use Class B2) and Storage/Distribution B8).  

E16: Poppleton Garden Centre (2.8ha)  

9,240sqm  

B1c, B2 and B8.  

Light Industrial (Use Class E), Industrial (Use Class B2) and Storage/Distribution B8).  

May also be suitable for an element of Office (Use Class E) B1a.  

E18: Towthorpe Lines, Strensall (4ha) *  

13,200sqm  

B1c, B2 and B8 uses. 

Light Industrial (Use Class E), Industrial (Use Class B2) and Storage/Distribution B8).  

* Given the site’s proximity to Strensall Common SAC (see explanatory text), this site must take account of Policy GI2a.  

Updated to reflect changes in the Use Classes Order.

 

References to York City Centre removed as covered under policies SS3, R1 and R2.

 

Changes also reflect the Status of Employment Allocations identified in Policy EC1 Note August 2022 (EX/CYC/107/7)

 

ST27: the 25ha quantum of knowledge business is deleted and replaced with ‘approximately 40,000 sqm’ provided that can be accommodated within the 21.2 ha of ST 27, and reflecting the latest estimates from the University. Expressing the quantum in square metres rather than hectares will make the policy more effective and monitoring delivery easier.

 

 

 

MM4.3 Policy EC1 explanation

4.6 …

The ELR Update (2017) has adjusted floorspace requirements to take account of development between 2012-2017 and to reflect the revised plan period inclusive of an additional 5 years to ensure Green Belt permanence (20127-2038). A 5% vacancy factor and an additional 2 year land supply to allow for time for developments to be complete has also been added to calculations. Overall, around 38ha of new employment land is required; within this the largest components are 13.8 17.6ha for office (formerly B1a) and 16.1 13.7ha for B8 uses, as shown at Table 4.1 below. 

 

To update Plan period and reflected amendments to data in Table 4.1.

MM4.4 Policy EC1 explanation – table 4.1

Table 4.1: Employment Land Requirements 2017-2038 (including 5% vacancy), Factoring in Change of Supply 2012-2017 and Including 2 Years Extra Supply, updated March 2022  

Use  
Class 

2021-33 

2033-38 

Total  
2021-2038 

Floorspace  
(m2) 

Land  
(Ha) 

Floorspace (m2) 

Land  
(Ha) 

Floorspace (m2) 

Land  
(Ha) 

Office (formerly B1a)  

137,588  

15.5  

12,310  

2.1  

149,898  

17.6  

Research and Development (B1b)  

15,655  

3.7  

1,644  

0.4  

17,299  

4.1  

Light Industrial (formerly B1c)  

11,218  

1.9  

1,435  

0.4  

12,653  

2.3  

General Industrial (B2)  

0  

0  

0  

0  

0  

0  

Storage and Distribution B8  

54,986  

10.5  

15,705  

3.2  

70,691  

13.7  

B Uses Sub Total  

219,447  

31.6  

31,094  

6.2  

250,541  

37.7  

D2  

-17,887  

-1.1  

4,398  

1.1  

-13,489  

0.0  

Totals  

201,560  

30.5  

35,492  

7.2  

237,052  

37.7  

  

  

Table 4.1: Employment Land Requirements 2017-2038 (including 5% vacancy), Factoring in Change of Supply 2012-2017 and Including 2 Years Extra Supply  

Use Class 

2017-33 

2033-38 

Total 

2017-2038 

Floorspace (m2) 

Land (Ha) 

Floorspace (m2) 

Land (Ha) 

Floorspace (m2) 

Land (Ha) 

B1a  

94,771.32  

11.7  

12,310  

2.1  

107,081  

13.8  

B1b  

7,883.40  

2.1  

1,644  

0.4  

9,527  

2.5  

B1c  

8,480.60  

1.5  

1,435  

0.4  

9,916  

1.9  

B2  

0.00  

0.0  

0  

0  

0  

0.0  

B8  

69,034.70  

12.9  

15,705  

3.2  

84,740  

16.1  

B uses sub-total  

180,170  

28.2  

31,094  

6  

211,264  

34.3  

D2  

15,577  

2.7  

4,398  

1.1  

19,975  

4  

Total  

195,747  

30.9  

35,492  

7.1  

231,239  

38.1  

  

Updated Table 4.1, to take account of the changes to supply since Plan submission.

MM4.5 Policy EC1 Explanation paragraph 4.8a

4.8a       The location of allocation E18 adjacent to Strensall Common SAC means that a comprehensive evidence base to understand the potential impacts on biodiversity from further development is required. Strensall Common is designated for its heathland habitats but also has biodiversity value above its listed features in the SSSI/SAC designations that will need to be fully considered. Although the common is already under intense recreational pressure, there are birds of conservation concern amongst other species and habitats which could be harmed by the intensification of disturbance. In addition, the heathland habitat is vulnerable to changes in the hydrological regime and air quality, which needs to be explored in detail. The mitigation hierarchy should be used to identify the measures required to first avoid impacts, then to mitigate unavoidable impacts or compensate for any unavoidable residual impacts, and be implemented in the masterplanning approach. Potential access points into the planned development also need to consider impacts on Strensall Common.

To acknowledge the location of E18 and its relationship to Strensall Common SAC.

MM4.6 Policy EC2 Explanation paragraph 4.9

4.9       When considering the loss of employment land and/or buildings the Council will expect the applicant to provide evidence proportionate to the size of the site of effective marketing the site/premises for employment uses for a reasonable period of time and in most cases not less than 18 months. Where an applicant is seeking to prove a site is no longer appropriate for employment use because of business operations, and/or condition, the council will expect the applicant to provide an objective assessment of the shortcomings of the land/premises that demonstrates why it is no longer appropriate for employment use. This includes all employment generating uses, not just office or industrial uses outside the B use classes

c….

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012 and to reflect changes in the Use Classes Order.

MM4.7 Policy EC5: Rural Economy

In addition to the allocation in villages in Policy EC1, York’s rural economy will be sustained and diversified through:  

 

·                Supporting appropriate farm and rural diversification activity including office and leisure development (Use Classes B and D); 

·                permitting camping and caravan sites (on a temporary or permanent basis) for holiday and recreational use where proposals can be satisfactorily integrated into the landscape without detriment to its character, are in a location accessible to local facilities and within walking distance of public transport to York, and would not generate significant volumes of traffic. Such development would also need to address Green Belt policies, where relevant; and 

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012 and to cross-reference with relevant Green Belt policy.

MM4.8 Policy EC5 Explanation – paragraph 4.17

…The scale of the proposals will be an important factor as often small sites are assimilated into the landscape more easily than larger sites. In Green Belt locations, caravan sites are inconsistent with policy requirements to protect openness, temporary permissions may be considered, where other criteria are met.

To provide clarity and explanation relating to MM4.7 with regards Green Belt policy.

MM4.9 Policy R1: Retail Hierarchy and Sequential Approach 

…Main town centre uses will be directed to the city, district and local centres defined in this policy and in accordance with other Local Plan policies in relation to specific uses. 

 

Proposals for main town centre uses outside an identified centre should undertake a sequential test to identify why the proposal cannot be accommodated in a sequentially preferable location.

Proposals for main town centre uses outside a defined city, district or local centre must be subject to an impact assessment where the floorspace of the proposed development exceeds the following thresholds: 

·                     outside York city centre: greater than 1,500 sqm gross floorspace. 

·                     outside a district centre: greater than 500 sqm gross floorspace. 

·                     outside a local centre: greater than 200 sqm gross floorspace.  

 

These thresholds should also be applied where variation of condition applications are proposed to change the nature of goods sold within a unit. 

 

Where new retail provision is proposed as part of the development of a strategic site then this will not be subject to an impact assessment, providing the provision is appropriate in scale to serve only the local day to day shopping needs of residents of the site. 

 

Advice should be sought …

To ensure conformity with the NPPF 2012 by requiring a sequential test for all main town centre uses outside of an identified centre.

 

Clarity in relation to the requirements for new retail provision proposed as part of a strategic site.

MM4.10 Policy R2: District and Local Centres and Neighbourhood Parades

 

Development proposals for main town centre uses outside defined district and local centres that would result in significant adverse impact on the continued or future function, vitality and viability of a centre will be refused.

To provide clarity and avoid repetition.

MM4.11 Policy R3: York City Centre Retail

The vitality and viability of the city centre is supported and enhanced, with the Primary Shopping Area (PSA) as shown on the proposals policies map…

 

In the PSA, proposals for new retail floorspace (use class E A1) will be permittedsupported. Proposals…

 

Primary Shopping Frontages 

The concentration of retail A1 uses in the primary shopping frontages, as defined on the proposal map, will be safeguarded and enhanced. Proposals that would involve the loss, by change of use or redevelopment, of ground floorspace class E A1 shops will generally be resisted.  However, proposals for other uses may be permitted if it can be demonstrated that: 

 

              i.the proposal has an active frontage and contributes to the vitality and viability of the primary shopping frontage; the proposed uses will provide a service direct to members of the public and can demonstrate a comparable footfall generation to an retail A1 use; 

             ii.the proposal will have an attractive shop front which contributes positively to the appearance of the street;  

            iii.the proposal would not result in non-retail uses being grouped together in such a way that would undermine the retail role of the street; 

            iv.a minimum of 70% E A1 uses will be required unless it can be demonstrated that it would be beneficial to the vitality and viability of the primary shopping frontage;  

Secondary Shopping Frontages  

In secondary frontage areas, changes to non-retail use at ground floor level will be considered favourably permittedwhere it can be demonstrated that the proposal: 

 

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012 and update to reflect changes to the Use Classes Order.

 


 

4.   SECTION 5: HOUSING

Section 5: Housing

Modification Reference

Proposed Modification

Reason for change

MM5.1 Policy H1: Housing Allocations

Policy H1: Housing Allocations  

 

In order to meet the housing requirement set out in Policy SS1 the following sites, as shown on the proposals Policies Map, and set out in the schedule below are proposed allocated primarily for residential use development. 

 

Planning applications for housing submitted for these allocations will be permitted if in accordance with the phasing indicated. An application on an allocated site in advance of its phasing will be approved if: 

·         the allocation’s early release does not prejudice the delivery of other allocated sites phased in an earlier time period; 

·         the release of the site is required now to maintain a five year supply of deliverable sites; and 

·         the infrastructure requirements of the development can be satisfactorily addressed. 

 

Where developers are seeking revisions to existing planning permissions and associated conditions and S106 agreements, changes in market conditions will be taken into account 

 

Where sites contain existing open space this will be an important consideration in the development of the site and the open space needs of the area will need to be fully assessed. 

 

This policy applies to all the sites listed in the Table 5.1 overleaf: 

 

Development proposals will be permitted where the following criteria are satisfied: 

·         For sites that contain existing open space (**), where appropriate, it should be retained on-site or re-provided off-site.   

·         For sites located within 5.5km of Strensall Common SAC (#) the development must accord with the requirements of Policy GI2 and GI2a  

·         On site H39 the western boundary is not defined by recognisable or permanent features and the design should create and secure a strong and defensible Green Belt boundary 

Requirement for phasing deleted to aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

Further modifications also for effectiveness and clarity, to identify notable development considerations for certain sites, including cross reference to Policy GI2a to ensure impacts identified in the HRA (2020) as a result of recreational pressure on Strensall Common SAC are mitigated. Reference to existing open space relocated from below table 5.1.

 

 

MM5.2 Policy H1, table 5.1

Table 5.1: Housing Allocations

Allocation Reference

Site Name

Site Size (ha)

Estimated Yield (Dwellings1)

Estimated Phasing

H1#

Former Gas Works, 24 Heworth Green (Phase 1 and 2)

2.87 3.54

271

607

Short to Medium Term
(Years 1 - 10)

H1#

Former Gas works, 24 Heworth Green (Phase 2)

0.67

65

Medium Term (Years 6-10)

H3**#

Burnholme School

1.90

72 83

Short Term
 (Years 1 - 5)

H5**

Lowfield School

3.64

1652

Short to Medium term
 (Years 1 - 10)

H6

Land R/O The Square Tadcaster Road

1.53

0282

Short to Medium Term  (Years 1 - 10)

H7**#

Bootham Crescent

1.72

86 93

Short to Medium Term
 (Years 1 - 10)

H8

Askham Bar Park & Ride

1.57

60

Short Term
 (Years 1 - 5)

H10

The Barbican

0.96

187

Short to Medium Term
 (Years 1 - 10)

H20

Former Oakhaven EPH

0.33

5362

Short Term  (Years 1 - 5)

H22

Former Heworth Lighthouse

0.29

15

Short Term
 (Years 1 - 5)

H23

Former Grove House EPH

0.25

11

Short Term
 (Years 1 - 5)

H29

Land at Moor Lane Copmanthorpe

2.65

8892

Short Term (Years 1 - 5)

H31#

Eastfield Lane Dunnington

2.51

76 83

Short Term (Years 1 - 5)

H38

Land RO Rufforth Primary School Rufforth

0.99

33 21

Short Term (Years 1 - 5)

H39

North of Church Lane Elvington

0.92

32

Short Term (Years 1 - 5)

H46**#

Land to North of Willow Bank and East of Haxby Road, New Earswick

2.74 4.90

104

Short Term (Years 1 - 5)

H52#

Willow House EPH, Long Close Lane

0.20

15

Short Term
 (Years 1 - 5)

H533

Land at Knapton Village

0.33

4

Short Term
 (Years 1 - 5)

H55#

Land at Layerthorpe

0.20

20

Short Term
 (Years 1 - 5)

H56**#

Land at Hull Road

4.00

70

Short Term
 (Years 1 - 5)

H58#

Clifton Without Primary School

0.70

215

Short Term
 (Years 1 - 5)

H59**#

Queen Elizabeth Barracks – Howard Road, Strensall

1.34

45

Medium to Long Term (Years 6 - 15)

SH1

Land at Heworth Croft

1.7

1602

Years 1-5

ST1**

British Sugar/Manor School

46.3

1,200

Lifetime of the Plan (Years 1-16)

ST2

Civil Service Sports Ground Millfield Lane

10.40

2636

Short to Medium Term  (Years 1 - 10)

ST4#

Land Adjacent to Hull Road

7.54

211 263

Short to Medium Term  (Years 1 - 10)

ST5

York Central

35.0

1,700 2,500

Lifetime of the Plan and Post Plan period (Years 1- 21)

ST7#

Land East of Metcalfe Lane

34.5

845

Lifetime of the Plan (Years 1 - 16)

ST8#

Land North of Monks Cross

39.5

968

Lifetime of the Plan (Years 1 - 16)

ST9#

Land North of Haxby

35.0

735

Lifetime of the Plan (Years 1 - 16)

ST14#

Land  West of Wigginton Road

55.0

1,348

Lifetime of the Plan and Post Plan period (Years 1- 21)

ST15#

Land West of Elvington Lane

159.0

3,339

Lifetime of the Plan and Post Plan period (Years 1- 21)

ST16

Terry’s Extension Site – Terry’s Clock Tower (Phase 1)

2.18

22

Short Term (Years 1-5)

ST16

Terry’s Extension Site – Terry’s Car Park (Phase 2)

3923

Short to Medium Term  (Years 1 – 10)

ST16

Terry’s Extension Site – Land to rear of Terry’s Factory (Phase 3)

56

Short to Medium Term  (Years 1 – 10)

ST17#

Nestle South (Phase 1)

2.35

263 279

Short to Medium Term  (Years 1 - 10)

ST17#

Nestle South (Phase 2)

4.70

600 302

Medium to Long Term  (Years 6 – 15)

ST31

Land at Tadcaster Road, Copmanthorpe

8.10

158

Short to Medium Term (Years 1-10)

ST32#

Hungate (Phases 5+)

2.17 1.1

328570

Short to Medium Term (Years 1-10)

ST33

Station Yard, Wheldrake

6.0

147 150

Short to Medium Term (Years 1-10)

ST35**

Queen Elizabeth Barracks, Strensall

28.8

500

Medium to Long Term (Years 6-15)

ST36**

Imphal Barracks, Fulford Road

18.0

769

Post Plan period (Years 16-21)

*Allocated for specialist housing (Use Class C3b) for residential extra care facilities in association with the Wilberforce Trust.

** Sites that contain existing open space

Notes

1.     Includes completed dwellings on sites where development has commenced.

2.     Sites expected to come forward for student housing or communal establishments (and reflected in estimated yield)

3.     Site lies within settlement that is washed over Green Belt, but development does not require very special circumstances to be demonstrated.

 

Updates to table to aid effectiveness and clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

Phasing column deleted in accordance with MM5.1; various updates and corrections to site size and estimated capacity.

 

Completed sites deleted.

 

ST35 and H59 removed following the outcomes of the Habitat Regulations Assessment (Feb 2019), which has not been able to rule out adverse effects on the integrity of Strensall Common Special Area of Conservation (SAC).

 

SH1 included in acknowledgement of its contribution to housing supply.

MM5.3 Policy H1 Explanation – paragraphs 5.4 to 5.16

Sites with Existing Permissions

5.3   The sites allocated for housing will provide a range and choice of sites capable of meeting future requirements and in line with the spatial strategy for the City of York detailed in Section 3.  An estimated yield is attributed to each site and is an indicative figure to demonstrate how the Local Plan housing requirement can be met. For sites with permission the figure is the total number of dwellings approved (as at 1 April 2022). Where the site is without planning permission, the figure is in most cases an estimate based on the size of the site, an assumption about the net developable area, and an assumption about the net residential density aligned to Policy H2. Site yields are only ‘indicative’, and do not represent a fixed policy target for each individual site. Developers are encouraged to produce the most appropriate design-led solution, taking all national policies and other Local Plan policies into account.

 

Planning permission will be renewed for housing on these sites providing that the proposal accords with the relevant policies in this plan and there have been no material changes to justify refusal of the permission. If renewal of a planning permission is sought the proposal will be tested against the relevant policies in the plan and changes to the previously permitted scheme may be required to ensure the proposed development properly addresses the now extant policies in the plan. Note: as at the 1st April 2017 there were extant planning permissions for 3,578 homes which will contribute towards meeting the overall housing requirement in the Plan.

 

Paragraphs 5.4 to 5.8 deleted

 

5.9   Local Planning Authorities are expected to demonstrate that they have a rolling five year supply of deliverable sites, measured against the housing requirement set out in Policy SS1, with an additional 5% or 20% buffer (for five years) depending on past delivery to provide a realistic prospect of achieving the planned supply and to ensure choice and competition in the market for land. Developable sites or broad locations should be identified for years 6-10 and where possible for years 11-15. To fulfil these requirements and to provide additional certainty we have the Council has chosen to allocate land for the full plan period, including the Ggreen Bbelt period, to 2037/38 to meet the minimum housing requirement as set out in Policy SS1 of 822 dwellings per year 867 additional dwellings. The Council accepts that there has been persistent under delivery of housing as defined in the NPPF and consequently has included enough land in the early years of the trajectory to ensure there is a 20% buffer in the 5 year supply. This land has been brought forward form later in the plan period. Progress on meeting delivery targets will be assessed through the authority monitoring report and the 20% buffer will be rolled forward within the 5 year supply until such time as the under delivery has been satisfactorily addressed. This does not mean that overall more land has been allocated in the plan, what it does mean is that the development trajectory (see Figure 5.1) ensures that in the early years of the plan additional land is available to address previous under delivery.

 

5.10  A number of sites are not expected to complete within the plan period. The total allocated capacity of sites exceeds the Council's housing requirement and if delivery rates can be increased then these sites could provide additional supply to react to market signals.

As part of our desire to generate development opportunities within the City of York, we wrote to and emailed nearly 2,000 contacts from our Local Plan and Strategic Housing Land Availability Assessment (SHLAA) database asking people to submit sites, which they thought had potential for development over the Plan period. The response to the call for sites along with previous proposals from the 2008 call for sites the SHLAA in 2011, the employment land review, and proposals put forward in response to the earlier consultations on this Local Plan generated over 800 sites all of which were tested through the site selection methodology which we consulted on as part of the preferred options Local Plan consultation in 2013 and subsequent consultations as part of the further sites consultation in 2014 and preferred sites consultation in 2016.

 

 

Paragraphs 5.11 to 5.16 deleted

 

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

Superfluous text removed where it does not relate to the implementation of Policy H1.

MM5.4 Policy H1 Explanation

Figure 5.1: Housing Trajectory - replaced

 

 

Graph updated to reflect current position on housing supply in the context of the modified housing requirement.

MM5.5 Table 5.2

Table 5.2: Housing Trajectory (Start date 1st April 2017, end date 31st March 2033)

 

Table deleted given revisions to graph in MM5.4 and further supply information added to Section 3: Spatial Strategy (MM3.4)

 

MM5.6 Policy H2: Density of Residential Development

Where appropriate, development proposals Oon strategic sites that are not consistent with the rates above must provide satisfactory justification for a bespoke approach to site density. the specific master planning agreements that provide density targets for that site may override the approach in this policy, which should be used as a general guide. 

For clarity and to aid effectiveness in line with paragraph 154 of NPPF 2012.

MM5.7 Policy H2 explanation

Figure 5.2 Density Zones

 

 

 

Figure replaced for clarity and effectiveness, with legend corrected to reflect zones in policy H2.

MM5.8 Policy H3: Balancing the Housing Market 

 

Policy H3: Balancing the Housing Market 

 

The Council will expect developers to provide housing solutions that contribute to meeting York's housing needs, as identified in the latest Local Housing Needs Assessment (LHNA) and in any other appropriate local evidence. New residential development should therefore maintain, provide or contribute to a mix of housing tenures, types and sizes to help support the creation of mixed, balanced and inclusive communities. 

 

seek to balance the housing market across the plan period and work towards a mix of housing identified in the Strategic Housing Market Assessment (SHMA). Proposals for residential development will be required to balance the housing market by including a mix of types of housing which reflects the diverse mix of need across the city. This includes flats and smaller houses for those accessing the housing market for the first time, family housing of 2 to 3 beds and homes with features attractive to older people.  

 

The housing mix proposed should have reference to the SHMA and be informed by: 

·                     Up to date evidence of need including at a local level; and 

·                     The nature of the development site and the character of the local surrounding area. 

To aid effectiveness with reference to latest evidence and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

MM5.9 Policy H3: Balancing the Housing Market 

 

Proposals will be supported that are suitable for the intended occupiers in relation to the quality and type of facilities, and the provision of support and/or care.  

 

Housing should be built as flexible as possible to accommodate peoples’ changing circumstances over their lifetime. The Council will encourage developers to deliver an appropriate proportion of housing that meets the higher access standards of Part M Building Regulations (Access to and use of buildings), unless it is demonstrated that characteristics of the site provide reasons for delivery to be inappropriate, impractical or unviable. 

 a broad cross section of society to help meet a wide range of needs. 

To aid effectiveness, recognising the needs highlighted in the LHNA and to enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

MM5.10 Policy H4: Promoting and Custom House Building

Policy H4: Promoting Self and Custom House Building 

 

As part of meeting housing need, proposals for self and custom house building, to be occupied as homes by those individuals, will be supported where they are in conformity with all other relevant local and national policies.  

 

Proposals for residential development on strategic sites (sites 5ha and above) developers will be required to supply at least 5% of dwelling plots for sale to self builders or to small/custom house builders subject to appropriate demand being identified by the Council. Plots should be made available at competitive rates…

To aid effectiveness and clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

MM5.11 Policy H5: Gypsies and Travellers

Safeguarding Existing Supply

Proposals which fail to protect existing Gypsy and Traveller sites or involve a loss of pitches/plots will not be permitted unless it can be demonstrated that they are no longer required or equivalent alternative provision can be made. Existing Gypsy and Traveller sites are shown on the proposals Policies Map, and are listed below:  

...

 

a)         Within Existing Local Authority Sites

In order to meet the need of Gypsies and Travellers that meet the planning definition, 10 3 additional pitches will be provided identified within the existing three Local Authority sites at:

·         Water Lane, Clifton; and

·         Outgang Lane, Osbaldwick.

 

b)         Within Strategic Allocations

In order to meet the need of those 30 44 Gypsies and Traveller households that do and do not meet the planning definition:

 

Residential development proposals on strategic sites Applications for larger development sites of 5 ha or more will be required to: provide a number of pitches within the site or provide alternative land that meets the criteria set out in part c) of this policy to accommodate the required number of pitches. 

 

Commuted sum payments to contribute to development of pitches elsewhere will only be considered where it is demonstrated that on site delivery is not achievable due to site constraints and that there are no suitable and available alternative sites for the required number of pitches that can be secured by the developer

·         provide a number of pitches within the site; or

·         provide alterative land that meets the criteria set out in part (c) of this policy to accommodate the required number of pitches; or

·         provide commuted sum payments to contribute towards to development of pitches elsewhere.

To ensure the Plan is justified, reflecting up to date evidence in the published 2022 GTAA, and to provide clarity, including in the application of the policy cascade.

MM5.12 Policy H5: Gypsies and Travellers

c)         Planning Applications


In addition, proposals will be expected to:

...

vii.   ensure that the size and density of pitches/plots are in accordance with have regard to best practice guidance;...

To ensure consistency with the NPPF and to provide clarity.

MM5.13 Policy H6: Travelling Showpeople

Safeguarding Existing Supply

Proposals which fail to protect existing Travelling Showpeople yards or involve a loss of pitches/plots will not be permitted unless it can be demonstrated that they are no longer required or equivalent alternative provision can be made. Existing Travelling Showman yards are shown on the proposals Policies Map, namely The Stables, Elvington (temporary permission until 2020).

 

Meeting Future Need

 

There is a total need of 3 4 Showpeople plots over the plan period (this includes the plot with temporary planning permission at The Stables). This is split into 2 plots in years 2016-21, and 1 plot in the period 2032.

...

To ensure the Plan is justified, reflecting up to date evidence in the published 2022 GTAA, and to provide clarity.

MM5.14 Policy H6: Travelling Showpeople

c)         Planning Applications

...
In addition, proposals will be expected to:

...

vii.   ensure that the size and density of pitches/plots are in accordance with have regard to best practice guidance;...

To ensure consistency with the NPPF and to provide clarity.

 

MM5.15 Policy H5 and H6 Explanation Para 5.38 and Table 5.3

...

5.38      Table 5.3 overleaf is taken from the City of York Gypsy and Travellers Accommodation Assessment (2022) Update (2017) and summarises the number of households in York which do/do not meet the definition.

 

Table 5.3: Need for Gypsy and Traveller Households broken down by Local Plan Policy Type Meeting the Revised Definition of a Traveller

 

Delivery Status

Gypsy and Traveller Policy

Housing Policy

Total

Meet Planning Definition

15

-

15

Do not meet Planning Definition

-

25

25

Total

15

25

40

 

Households in York

GTAA[1]

SHMA[2]

Total

Households that meet the planning definition (incl. 10% of unknown need)

3

0

3

Households that do not meet the planning definition (incl. 90% of unknown need)

0

44

44

Total

3

44

47

Showpeople households that meet the planning definition

3

0

3

Total

3

0

3


[1] GTAA – Gypsy and Traveller Accommodation Assessment

[2] SHMA – Strategic Housing Market Assessment

5.41      Three Two plots for Travelling Showpeople have has been identified for the first 5 years of the plan period at The Stables, Elvington, with a further 1 plot in the same yard for the future expansion of the existing family in year 2032.

To ensure the Plan is justified, reflecting up to date evidence in the published 2022 GTAA, and to provide clarity.

MM5.16 Policy H5 and H6 Explanation – paragraph 5.42

 

5.42 The suitability of the location of any further sites for Gypsies, Travellers or Travelling Showpeople which come forward during the plan period will be determined in accordance with criteria i - v of Policies H5 and H6. These consider the natural and historic environment, access to public transport and services, road access and congestion, flood risk and amenity. The development of the allocated sites and any further sites that come forward during the plan period will be determined in accordance with Policies H5 and H6 criteria vi – x. These consider the provision of storage and recreation space, amenity provision, size and density of pitches/plots, landscaping of the site, amenity of nearby residents and future occupiers of the site.

 

5.42 The suitability of sites not allocated for Gypsies, Travellers or Travelling Showpeople in this Local Plan will be assessed against the locational principles within criteria i-v of Policies H5 and H6 (Part C) as appropriate. All development proposals (including those forming part of a strategic allocation) will need to demonstrate that the site’s design and layout observes the principles within criteria vi-x of Policies H5 and H6, as appropriate.

 

Where proposals seek to provide a commuted sum in lieu of either on or off-site pitch provision, applications will need to comprehensively demonstrate the following:

1.     That the design parameters (vi – x in part C of Policy H6) cannot be satisfactorily achieved through evidence of a site and masterplan appraisal (which should include layout and capacity assessments as well as a demonstration of all reasonable attempts to overcome any site constraints); and,

2.     That there are no available sites which would be suitable for the number of pitches required. Evidence should include an appraisal of sites on the market at the time of the application with clear justification for their rejection.

 

Commuted sums will be calculated on the basis that costs are met in full including, where appropriate, land purchase, professional fees, construction, and operating costs.

To provide clarity on the policy approach and planning application requirements

MM5.17 Policy H7: Student Housing

Policy H7: Off Campus Purpose Built Student Housing  

 

The University of York and York St. John University must address the need for any additional student housing which arises because of their future expansion of student numbers. In assessing need, consideration will be given to off campus provision and the capacity of independent providers of bespoke student housing in the city and whether it is economically prudent to provide additional student accommodation. To meet any projected shortfall, provision by the University of York can be made on either campus. Provision by York St. John University is expected to be off campus but in locations convenient to the main campus.   

 

SH1: Land at Heworth Croft, as shown on the proposals Policies Map, is allocated for student housing for York St. John University students. 

 

Proposals for new off campus purpose built student accommodation, other than the allocation at SH1, will be permitted supported where all of the following criteria are satisfied: 

 

i.     there is a proven it can be demonstrated that there is a need for student housing which cannot be met on campus; and 

ii.     it is in an appropriate location for education institutions and accessible by sustainable transport modes;  

iia    The rooms in the development are secured through a nomination agreement for occupation by students of one or more of the University of York and York St. John University; and 

iii.    the development would not be detrimental to the amenity of nearby residents and the design and access arrangements would have a minimal impact on the local area. 

iv. The accommodation shall be occupied only by full-time students enrolled in courses of one academic year or more and conditions or obligations shall be imposed to secure compliance with this requirement and for the proper management of the properties 

 

For new student accommodation a financial contribution should be secured towards delivering affordable housing elsewhere in the City. The contribution will be calculated on a pro rate basis per bedroom using the following formula: 

 

Average York Property price – Average York Fixed RP Price x 2.5% = OSFC per student bedroom 

 

The contribution will be required only from the number of units creating a net gain. For mixed-use developments of student accommodation with general housing a pro-rata approach will be used to determine whether a contribution is required, and how much this should be. Contributions towards affordable housing provision from new student accommodation will not be sought where the student accommodation site which at the date of adoption of the Plan is owned by a university and which will continue to be owned by a university to meet the accommodation needs of its students. Where a developer considers the contribution cannot be fully met they should justify the level of provision proposed through an open book appraisal to demonstrate to the Council’s satisfaction that the development would not otherwise be viable. 

 

Developers may not circumvent this policy by artificially subdividing sites, and are expected to make efficient use of land.  

 

Conditions will be used to ensure the proper management of the accommodation in the interests of the amenity of adjacent properties and that any development remains occupied by students in perpetuity, unless and until an alternative use is approved by the Council. 

To aid effectiveness and clarity for decision making purposes in line with paragraph 154 of NPPF 2012, making clear the policy relates to off campus provision only.

 

Approach to securing affordable housing contributions introduced in order to support the Plan’s overall contribution to meeting affordable housing needs (in accordance with NPPF 2012 and evidence at EX/CYC/107-3)

MM5.18 Policy H7 Explanation – paragraph 5.47

·       the likely future supply of accommodation based on extant planning permissions and estate strategies of the relevant education provider.

 

The assessment should form the basis of a formal agreement between a developer and an education provider, confirming the number of bedspaces and accommodation type required.

To provide clarity on the policy requirement in the context of changes included at MM5.5.

MM5.19 Policy H9: Older Persons Specialist Housing

 

Residential development proposals on Strategic sites (over 5ha) should incorporate the an appropriate provision of accommodation types for older persons in accordance with Policy H3 within their site masterplanning. For sheltered/extra care accommodations a mix of tenures will be supported.

 

Where development falls within Use Class C3, affordable housing provision will be required in line with the requirements set out in policy H10.

 

To aid effectiveness and clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

MM5.20 Policy H9 explanation – paragraph 5.59

Where specialist accommodation is provided, it will be important to ensure that it enables residents to live independently as far as possible by ensuring it is located close to facilities and services or that they are accessible by public transport. Residential development on Sstrategic sites (of over 5ha) should incorporate a wider range of accommodation suitable for older people

To aid effectiveness and clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

MM5.21 Policy H10: Affordable Housing

Policy H10: Affordable Housing 

 

To help maximise the planning system’s contribution to meeting affordable needs and to support the Council’s target to deliver 3,265 affordable dwellings, affordability across the housing market, the Council will support residential schemes for 2 5 or more dwellings will be permitted where the following criteria are satisfied which

 

i.     reflect the relative viability of development land types in York by providing affordable housing is provided percentage levels for site thresholds as set out in accordance with Table 5.4 as a minimum. Higher rates of provision will be sought where development viability is not compromised. 

 

Table 5.4: Affordable Housing Site Thresholds  

Threshold 

Target 

Brownfield sites = > of 15 or more dwellings (gross) 

20% 

Greenfield sites = > of 15 or more dwellings (gross) 

30% 

Urban, Suburban and Rural All sites 115-142 dwellings  

210%1 

Urban brownfield sites 5-10 dwellings2 

15%1 

Urban greenfield sites 5-10 dwellings2  

19%1 

Urban brownfield sites 2-4 dwellings2  

6%1 

Urban greenfield sites 2-4 dwellings2  

10%1 

Sub-urban brownfield sites 5-10 dwellings2  

10%1 

Sub-urban greenfield sites 5-10 dwellings2  

15%1 

Sub-urban brownfield sites 2-4 dwellings2  

2%1 

Sub-urban greenfield sites 2-4 dwellings2  

7%1 

Rural brownfield sites 5-10 dwellings2  

11%1 

Rural brownfield sites 2-4 dwellings2 that  

3%1 

Rural greenfield sites 5-10 dwellings2  

17%1 

Rural greenfield sites 2-4 dwellings2  

8%1 

Notes to Table  

1.     This is the target percentage to be used in the off-site financial contribution calculation following sub-clause (iii) below 

2.     For sites that have a maximum combined gross floorspace of more than 1,000sqm (excluding outbuildings) 

 

ii      on sites of 15 homes and above on-site provision will be expected, unless off-site provision or a financial contribution of equivalent value can be robustly justified. 

iii.    on sites of 2–15 5-14 homes an off site financial contribution (OSFC) is required in accordance with the approved formula set out below:  

 

Average York Property price – Average York Fixed RP Price x 10% Target = 

OSFC per dwelling 

 

  

iv.    make provision which reflects tenure split in terms of social renting and intermediate housing, as set out in the most up to date SHMALHNA or other best available evidence.  

v.    fully integrate the affordable housing is fully integrated by pepper potting throughout the development with no more than two affordable dwellings placed next to each other. The size and type of homes should be a pro rata mix of the total homes provided on site, taking into account current assessments of local need where on-site provision is required. The affordable housing should be and is visually indistinguishable from the open market dwellings. 

 

This policy will apply if a development proposal below thresholds in table 5.4 is followed by an obviously linked proposal at any point where the original permission remains extant or up to 5 years following completion of the first scheme, and the combined total of dwellings (or floorspace) is 5 or more dwellings (or 1,000sqm or more floorspace).  

Simplification of policy (justified by HS/P3/M1/AHP/1a) to aid effectiveness and clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

MM5.22 Policy H10 explanation

Thresholds

5.60      NPPF (2012) requires Councils to set policies for meeting identified affordable housing need, and that those policies should be sufficiently flexible to take account of changing market conditions.

 

5.61      Given the conclusions reached in the City of York Affordable Housing Viability Study (2010) and Annex 1 (2011) (AHVS) and the City of York Local Plan and CIL Viability Assessment (2017), Based on viability evidence prepared in support of the Local Plan, developments within York are expected should be able to provide the target minimum levels of affordable homes set out in Policy H10 approved for development management purposes. Therefore no individual site assessment will be required where submissions proposals achieve these policy requirements targets and this is to be encouraged in order to reduce time on further analysis and negotiation.

 

Types

5.63      Affordable housing in York includes social rented and intermediate housing provided to specified eligible households whose needs are not being met by the open housing market, and who cannot afford to enter that market. The definition specifically excludes low cost market housing.

 

Tenure/Mix

5.64      The City of York Council SHMA and Addendum (2016) recommends an 80% social and affordable rented and 20% intermediate split.

 

5.65      A full range of property sizes and types tenures are needed to satisfy the affordable housing needs of the city and providing small or poor quality accommodation will not be seen as satisfying the policy. In order to help build mixed and sustainable communities the mix and tenure of affordable homes provided on sites should have regard to the latest LHNA (or other available evidence) need to be pro-rata of the market homes, integrated within the site and indistinguishable from the market housing on site.

 

5.66      The affordable homes should be visually indistinguishable from the open market dwellings and need to be fully integrated within the development by pepper potting throughout with no more than two affordable dwellings placed next to each other. The exception to this is apartment blocks if they are to be transferred freehold to Registered Providers. These affordable apartment homes should be provided in an apartment block rather than pepper potted throughout the development. The size and type of homes should be a pro rata mix of the total homes provided on site, taking into account current assessments of local need where on-site provision is required. The affordable housing should be visually indistinguishable from the open market dwellings.

 

5.67      The Council will make public any updates to the evidence on housing mix and tenure split that is currently provided in the SHMALHNA. Developers should consult the Council’s web site prior to making any planning application to confirm the then current position on this matter. Information related to the average York property price and fixed RP price will also be provided on the Council’s website.

 

Provision

5.68      In accordance with national guidance affordable housing provision for sites of 15 homes and above will normally be expected to be provided on site. Following the change to national planning guidance, the council can no longer seek financial contributions towards affordable housing on rural schemes of 1 to 10 units with a gross area of no more than 1,000sqm. Planning obligations on affordable housing and other matters can only be applied to schemes of 11 new homes or more or 1 to 10 new homes with a total gross floorspace of more than 1,000sqm.

 

5.69      The commuted sum is calculated using the following formula and will be updated annually:

 

Average York Property price – Average York Fixed RP Price x % Target =

OSFC per dwelling

 

 

Table 5.5: Commuted Payment Calculation

Dwelling threshold

Average York property price (Land Registry March 2017)

Average York fixed RSL price

% target

Commuted payment

Urban, Suburban and Rural sites 11-14 dwellings

£241,042

£75,000

20%

£33,208.40

Urban brownfield sites 5-10 dwellings1

£241,042

£75,000

15%

£24,906.30

Urban greenfield sites 5-10 dwellings1

£241,042

£75,000

19%

£31,547.98

Urban brownfield sites 2-4 dwellings1

£241,042

£75,000

6%

£9,963

Urban greenfield sites 2-4 dwellings1

£241,042

£75,000

10%

£16,604.20

Sub-urban brownfield sites 5-10 dwellings1

£241,042

£75,000

10%

£16,604.20

Sub-urban greenfield sites 5-10 dwellings1

£241,042

£75,000

15%

£24,906.30

Rural brownfield sites 5-10 dwellings1

£241,042

£75,000

11%

£18,265

Rural brownfield sites 2-4 dwellings1

£241,042

£75,000

3%

£4,981

Rural greenfield sites 5-10 dwellings1

£241,042

£75,000

17%

£28,227

Rural greenfield sites 2-4 dwellings1

£241,042

£75,000

8%

£13,283

Note

1          For sites that have a maximum combined gross floorspace of more than 1,000sqm

 

5.70      Any other off site provision or commuted payment in lieu of on-site provision for affordable housing will only be acceptable if it is robustly justified. The commuted payment will be calculated as the difference between the transfer price and the market value of the specific home(s) on that site.

 

Artificial Subdivision

5.71      Artificial subdivision where it is proposed to phase development, sub-divide sites or when there is a reasonable prospect of adjoining land being developed for residential purposes in tandem or the future, the Council, will consider the whole site for the purpose of determining whether the scheme falls above or below the thresholds

 

 

For clarification and to support interpretation of the modifications at MM5.9.

 


 

5.   SECTION 6: HEALTH AND WELLBEING

 

Section 6: Health and Wellbeing

Modification Reference

Proposed Modification

Reason for change

MM6.1 Policy HW1: Protecting Existing Facilities

The Council will work with local communities and voluntary sector organisations to help preserve and re-use existing community assets.

 

Development proposals which involve the loss of existing community facilities, or facilities last used for community purposes, will not only be supported in exceptional circumstances where:, unless it can be demonstrated that:

 

i.    facilities of equivalent or greater capacity and quality (in terms of function, accessibility, adaptability and variety of use) are provided elsewhere on the site; or

ii.   if site constraints do not allow on-site re-provision, facilities of equivalent or greater capacity and quality (as defined above) are re-provided off-site, in a location that equivalently or better serves the local community’s needs, and is well served by public transport and easy to reach on foot and by bike;

iii.  robust evidence is submitted to demonstrate that the facilities no longer serve a community function and demonstrably cannot be adapted to meet other community needs or are surplus to requirements.; or

iv.  in the case of commercial facilities, evidence is provided that demonstrates the facilities are no longer financially viable with no market interest  

 

Developers must consult with the local community about the value of the asset and the impact that a loss of facilities may have. If Where facilities are to be re-provided elsewhere, a clear commitment to replace them will be secured as part of the planning permission or S106 agreement. in a timely manner must be evidenced, in order for planning permission to be granted. Where the facilities have been re-provided or re-located in advance, evidence of this re-provision should be included within any planning application.

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

MM6.2 Policy HW1 explanation – paragraph 9.5

For the purpose of the policies within this section, community facilities should be taken to mean the buildings, facilities, and services that meet the day-to-day-needs of communities. This may include libraries, post offices, public houses and community meeting places, such as youth groups, places of worship, and parish and village halls.

To make clear that public houses fall within the remit of Policy HW1.

MM6.3 Policy HW1 explanation – paragraph 6.9

A loss of viable community facilities will only be permitted if they are replaced by facilities of equal or greater capacity and quality (and the replacement is secured by planning obligation) and met by developer contributions. In exceptional circumstances, their loss will be approved if it can be demonstrated that they no longer serve a community function and cannot be adapted to meet other community needs, or are surplus to requirements Applications which involve the disposal of community assets must therefore include an assessment of the current function, accessibility, and adaptability of the facility. Any assessment which seeks to demonstrate that the facility is surplus to requirements must   provide evidence of facilities in the immediate area which can appropriately cater for the loss of the relevant facility and is accessible for current users by public transport, foot and cycle. Applications must demonstrate how alternative other facilities will meet or exceed these standards of provision from the facility to be lost….

To add clarity on the planning application requirements.

MM6.4 Policy HW1 explanation – paragraph 6.10

The Local Plan has an important role to play in ensuring that community facilities are provided in the most effective and accessible way. Existing services must be protected as much as possible, however, it is also important to ensure that existing facilities are ‘fit for purpose’. Changes in the economic climate may mean that some commercial facilities (such as public houses) are no longer financially viable. Only in such circumstances, and when no alternative community use is possible, a loss of commercial facilities will be permitted. Evidence that the facilities have been ­appropriately marketed for a minimum of a two years year without success will be required to demonstrate they are unviable. This should consist of (as a minimum) a report explaining the marketing process and its outcomes, including the terms offered, any interest received and why it was not successful. In addition, an open book based viability appraisal must be submitted to demonstrate that the facility is not viable, and could not reasonably be made viable

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012. Making clear the marketing evidence and requirements in the case of loss of commercial facilities.

 

MM6.5 Policy HW2: New Community Facilities

Applications for strategic residential developments must be accompanied by an audit of existing community facilities and their current capacity, prepared by the applicant. Developments that place additional demands on existing services will be required to provide proportionate new or expanded community facilities, to meet the needs of existing and future occupiers. These should be provided on site or, where on site provision is not possible due to site constraints, or where the council agrees provision could better meet needs elsewhere, developer contributions will be sought to provide new or expanded facilities. these additional facilities.  

 

As the population grows and population demographics change over the plan period, new facilities will be required. The Council will work with communities and other partners to help address deficits in community facilities.

 

The Council will support applications for new or expanded community facilities when an existing deficit or future need has been identified. Where appropriate, f Facilities should be designed to be adaptable and multi-purpose, in order to future-proof services and enable a wide range of community uses. Any new or expanded facilities must be accessible and well-served by public transport, footpaths and cycle routes.

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

The second paragraph of the policy has been moved to supporting text.

MM6.6 Paragraph 6.12a

As the population grows and demographics change over the plan period, new facilities will be required. The Council will work with communities and other partners to help address deficits in community facilities.  

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

The second paragraph of Policy HW2 has been moved to supporting text.

MM6.7 Policy HW3: Built Sport Facilities

For strategic sites facilities should be provided on-site, where possible. If Where off-site provision is necessary or more appropriate, facilities should still be accessible to the community it will serve residents; be well served by public transport; and be easy to reach on foot and by bike. Applications for strategic residential developments must be accompanied by an audit of existing built sports facilities and their current capacity, prepared by the applicant.

 

 

The loss of built sports facilities (either currently or last used for sports activities) will only be permitted in exceptional circumstances where:

 

·         a needs assessment provided by developers, and in accordance with the most up to date Built Sports Facilities Strategy(or subsequent replacement strategy), identifies an over-provision in the area; or

·         the development only affects part of the site and does not impact on reduce its value capacity for sport; or  

·         it would be replaced by a facility of equivalent or better quality and capacity, in a location that still serves the same community which is accessible by public transport, foot and bicycle. and that has adequate management arrangements.

·         the proposal is for alternative built sports facilities where the need outweighs the loss of the existing facility.

 

Development for new or expanded built sports facilities will be strongly supported where a deficiency in or future provision has been identified, and when it is well located, accessible to all in terms of age and ability, subject to the specific sports uses proposed, and when suitable infrastructure exists or can be created to manage and maintain the facility. Development of new sports facilities should be co-located with other health and community facilities and schools, where possible, to encourage participation in exercise. Any future demand should, in the first instance, be met through extensions and expansion of existing high-quality sustainable sites.

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

Reference to management arrangements has been deleted and incorporated into the supporting text - shown in the modification below:

 

MM6.8 Policy HW3 explanation – Paragraph 6.20

6.20 New development must not compromise current or future residents’ health and wellbeing and the Council will work to safeguard existing sports facilities. Where new facilities are required to address need arising from a new development, suitable management arrangements and/or an appropriate operator would be required to be secured as part of the obligations. York’s built sports facilities will be protected unless it can be demonstrated that the use is no longer viable, is surplus to need, or that high-quality alternative provision can be made that maintains a service in the existing area of benefit.

Reference to management arrangements has been deleted from the policy text and  incorporated into the supporting text.

 

MM6.9 Policy HW4: Childcare provision

The Council will support development proposals for new or expanded childcare provision where that helps meet the city’s need for childcare provision

 

All new strategic sites Applications for strategic residential developments, and as listed in Table 5.1 must be accompanied by will be expected to conduct an audit of existing childcare facilities and their current capacity. If increased demand from new residents would be expected to exceed the existing capacity of facilities in the vicinity, additional new facilities must be incorporated into the masterplanning of the site. Developer contributions will be sought to provide new or expanded facilities.  and supported by developer contributions unless it can be demonstrated that this is not viable or deliverable.  

 

Proposals which fail will lead to the loss of to protect existing childcare facilities must will be refused unless it can be demonstrated that the provision is no longer required, or no longer viable, or if that equivalent replacement facilities can will be provided elsewhere. This will be secured as part of the planning permission or S106 agreement. 

 

Applications for new childcare provision should be accompanied by an assessment that demonstrates the need for additional childcare provision in the locality. The Council will work with schools, parents and carers to ensure that their needs are understood.

 

Any proposed new or replacement childcare facilities should be sited in accessible locations within or near to the areas of identified need, they should be well-served by public transport, and be easily accessible by walking and by bike.

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

MM6.10 Policy HW5: Healthcare services

Primary and Secondary Care

The Council will work closely with GPs and the NHS Vale of York Clinical Commissioning Group (or any successor organisation) to understand the current and projected primary care needs of communities.

 

The Council will support the provision of new or enhanced primary and secondarycare services when there is an identified need.

 

Improved, enlarged or additional primary or secondaryhealthcare facilities will maybe required to support residential developments that place additional demands on services beyond their current capacity, in line with the National Planning Policy Framework.

Developer contributions will be required to support the increase in provision. An assessment of the accessibility and capacity of existing primary and secondarycare services will be required at the application stage for all residential strategic sites.

 

Development P proposals which fail to protect include existing primary or secondary care services must re-provide the service as part of the proposal or involve the loss of services, will not be supported, unless it can be demonstrate d the facilities are no longer required or that relocating facilities would better meet the community’s needs.

 

Any new primary or secondary care facilities must be easily accessible by public transport, walking, and cycling.

 

Secondary Care

 

The Council will work closely with the York Teaching Hospital NHS Foundation Trust, and with Tees, Esk and Wear Valley NHS Foundation Trust (or any successor organisations), to understand their needs; help ensure their sites are fit for purpose; and enable them to provide safe, effective and sustainable healthcare, for the plan period and beyond.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

The first paragraph is moved to the explanatory text.

 

Primary and secondary care have been combined into one for clarity and consistency and to avoid repetition.

MM6.11 Policy HW5: Healthcare services

York Teaching Hospital NHS Foundation Trust

The Council will support the redevelopment of York Teaching Hospital NHS Foundation Trust (as identified on the Proposals Policies Map) to enable it to expand its capacity; to uphold and improve the quality of secondary care it delivers; and ultimately to remain on its existing site for the long term, ensuring the optimum delivery of secondary care services in York.

 

The Council will support the redevelopment of the staff car park on the existing York Teaching Hospital NHS Foundation Trust site to meet its immediate need for increased capacity in Accident and Emergency. The Council will work with York Teaching Hospital NHS Foundation to develop a new

 

A Travel Plan will form part of any detailed planning application to ensure that the loss of car parking facilities will be appropriately managed to ensure not compromise access or to care is not compromised.  

 

 

To enable the Trust to expand existing clinical facilities the Council will support the development of the extension to York NHS Hospital Trust site (as shown on the Proposals Policies Map as HC1), for health and social care purposes, such as a GP practice or short-term residential care. The Council will continue to work with the Trust to help them make additional changes to their site as their needs change over the plan period.

 

Tees, Esk and Wear Valley NHS Foundation Trust

as shown on the proposals policies map as HC2).

To enhance clarity  for decision making purposes in line with paragraph 154 of NPPF 2012

 

The final line is moved to the explanatory text.

 

 

MM6.12 Policy HW5 explanation – Paragraph 6.36

6.36 Healthcare services must be responsive to the current and projected needs of local communities. The assessment submitted to support planning applications should reflect the catchment for each kind of healthcare facility, reflecting that primary and secondary care facilities provide very different services and their catchment areas reflect that.  This is contingent upon having appropriately located sites, which are able to cope with local demand and provide a sustainable and effective service. The Council will help protect existing healthcare facilities and support the relevant bodies to expand their premises, or seek alternative, more suitable sites, where appropriate.

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

MM6.13 Policy HW6: Emergency Services

The Council will work closely with Yorkshire Ambulance Service NHS Foundation Trust, North Yorkshire Police, and North Yorkshire Fire and Rescue Service, to ensure that their changing needs are understood. The Council will support the development of new emergency service facilities, where there is a demonstrable need, and in appropriate locations that enable them to meet necessary response times.

 

The Council will support the Yorkshire Ambulance Service NHS Foundation Trust’s new ‘Hub and Spoke’ estate model. Hubs provide essential clinical and maintenance and facilities, while spoke facilities provide additional opportunities for ambulances to be stationed close to areas of demand. The Council will support the development of additional sites for ambulances at key points in densely populated areas, close to major highways.

 

The following sites have been identified as requiring additional spoke facilities: 

·         ST7: Land East of Metcalfe Lane

·         ST8: Land North of Monks Cross

·         ST9: Land North of Haxby

·         ST15: Land West of Wigginton Road

 

Such facilities would need to provide:

 

·         A 6 x 3m serviced building with water, electricity and drainage.

·         Parking facilities for two ambulances.

 

These facilities would need to be located within the development and close to the main highway.

To aid effectiveness and enhance clarity  for decision making purposes in line with paragraph 154 of NPPF 2012

 

The modifications reflect the latest discussions with the Yorkshire Ambulance Service.

MM6.14 Policy HW7: Healthy Places

Proposals for major residential developments must provide a statement as part of any detailed planning application, proportionate to the size of the development, showing how the following design principles have been adequately considered and incorporated into plans for development:

 

·         well-designed streetscapes that encourage residents to spend time outdoors;

·         the provision of safe, easy to navigate and attractive public footpaths and cycle paths between dwellings, to encourage physical activity;

·         the incorporation of formal and informal play spaces and outdoor gyms to encourage physical activity for all age groups and abilities;

·         good connections to neighbouring communities and green spaces, in the form of footpaths and cycle routes, including the extension and protection of public rights of way, where appropriate;

·         spaces for communities to come together;

·         adaptations to designing buildings and public spaces to be accessible for all ages and life stages, including for those with limited mobility;

·         considerations for how the design may impact on crime or perception of safety, including lighting strategies for public spaces; and

·         buildings that are adaptable to the changing needs of residents.

 

Details of how these principles have been considered should be noted included in the Design and Access Statement accompanying the proposal.

 

All new strategic sites must complete a Health Impact Assessment (HIA) prior to the submission of a and submit as part of the planning application. HIAs are a means to systematically assess the potential health risks and benefits of new developments on existing and future communities. They promote the development of actions to mitigate negative impacts and maximise community benefit.

To aid effectiveness and enhance clarity  for decision making purposes in line with paragraph 154 of NPPF 2012

 

 


 

6.   SECTION 7: EDUCATION

 

Section 7: Education

Modification Reference

Proposed Modification

Reason for change

MM7.1 Policy ED1; University of York

New policy text, wholly replacing submission policy.

 

To enable the continuing development of the University of York, the following range of higher education and related uses will be permitted on the University’s existing campuses as identified in Figure 7.1: 

·         academic, teaching, research and continuing professional development uses

·         housing for staff and students

·         arts, cultural, sports and social facilities ancillary to higher education uses

·         conference facilities

·         research/knowledge-based businesses, including University-led collaboration projects with industry

·         other uses ancillary to the university, including support services for the uses identified above.

 

The University of York must address the need for any additional student housing which arises because of its future expansion of student numbers taking account of on site provision and the capacity of independent providers. Provision will be expected to be made on campus in the first instance where this can be accommodated, or off-campus, in line with considered under Policy H7. 

 

Policies ED2 campus west and ED3 campus east address specific matters concerning those parts of the University Campus but the following requirements apply to all development on the University campuses and ST27 (the expansion site):

  1. Proposals for new facilities or uses should be supported by an up to date development brief to cover campus west, campus east and the extension site which should demonstrate the need for these in the context of the University’s estate strategy.
  2. Proposals should have regard to the historic setting of York and should where appropriate be accompanied by a heritage impact assessment
  3. Satisfactory integration of development within the existing campus west, east (and ST27) so that it conserves or enhances its character and open space
  4. Proposals for landscaping are required to integrate with the existing development and/or to screen as appropriate
  5. Proposals should ensure that existing student housing capacity meets need from expansion in student numbers and that the student housing capacity of Campus West is not reduced below 3,586 unless re-provided on Campus East
  6. Make an efficient use of land, including optimising densities, within the scope of the applicable constraints.
  7. Appropriate connections to transport including connections to the city centre and walking and cycling links within the campus or externally

Facilities for sport, and essential operations to support this, and for landscaping, adjacent to campus west, campus east and ST27 may be located within the Green Belt if they are appropriate development, preserve the openness of the Green Belt, and meet the above criteria.

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

 

This policy relates to university development as a whole and modifications are intended to clarify the overarching approach removing repetition with ED2 and ED3. Modifications also clarify the relationship with Policy H7 related to student housing and Green Belt matters related to the development of the University Heslington Campus.

 

MM7.2 Policy ED1 explanation - paragraphs 7.1a (new) to 7.2

The University of York has an important role in the City (as well as nationally and internationally). It can help:  

  • enable the city of York to contribute directly to the delivery of national growth strategies;
  • enable key Local Enterprise Partnership priorities to be realised;
  • support the York Economic Strategy; and
  • contribute to delivering the local plan vision of supporting the delivery of sustainable economic growth.

 

The Heslington campus comprises Campus West, the original campus laid out in the 1960s and Campus East, open since 2009. Site allocation ST27 provides for the further expansion of Campus East. To ensure that the Heslington Campus can the existing campuses forming the University make a full contribution to the life of the city, it is important that they it continues to be used for predominantly higher educational and related uses. It is also vital that opportunities are maintained for the University’s cultural, social and sports facilities to be used by the wider public.

Changes to the supporting text reflect modifications to policy wording. A clearer statement of the University of York’s role in the city and the form of Heslington Campus is included for clarity Linked to this, the map at 7.1 is replaced to show the correct extent of University of York’s Heslington Campus.

 

 

MM7.3 Policy ED1 explanation - paragraphs 7.2a, 7.2b, 7.2c, 7.2d and 7.2e           

7.2a Campus West (shown in Figure 7.1) contains a number of listed buildings and features and much of the campus is listed as Registered Park and Garden. It is an important asset to the city. It was designed as a park campus with buildings; it is a ‘set piece’. In that respect the ratio of open space to buildings is fundamental to the original design concept.  This has shifted over time but it is important to ensure that in any future development that there is not harm to the composition. The built footprint at Campus West is approximately 23%; However, it was the quality of the initial design ambition and visionary approach to landscape vision that has resulted in the success of the campus, not just the application of built footprint principles.  It is this quality of design and innovative landscaping approach which is sought to be met through the policy.

7.2b Development at Campus East has been established in an outline planning permission and approved design brief.  Further development and the proposed ST27 extension (shown on Figure 7.1) will need to maintain the parkland setting, established at Campus West to create a cohesive campus, and the high design quality established there. The location near the A64 has an important role in maintaining the setting and compact nature of the city. A high visual quality and good design, whilst also enhancing public amenity in terms of access to the countryside and wildlife interest, is therefore essential. This includes preservation and, where possible, enhancement of the views that can be seen from the site. This should support the realisation of a similarly ambitious and committed approach to Campus West, which must be developed, controlled and implemented through a masterplanned approach. 

7.2c This masterplanned approach to development at the Heslington campuses will be formalised in a Development Brief prepared by the University in consultation with Historic England. This should also involve appropriate engagement with surrounding communities.  It is important that this Development Brief optimises the use of the existing estate, making the most efficient use of land and buildings across Campus East and West.  To enable this, the Development Brief will be informed by the University’s 5 to 10-year estates strategy (or integrated infrastructure plan or equivalent). Such a strategy is likely to address plans for student growth, for research activity and for business collaboration in the context of the University’s funding and resource constraints (and wider government policy) and set out capital investment plans and programmes. The Development Brief should reflect evidence in the estate strategy which ensures, and provides evidence to show, that current space and land is efficiently used within accepted constraints having regard to the performance and fitness of the existing estate. The University and the Council will continue to engage closely and maintain regular dialogue on the definition and evolution of any strategy.

7.2d An annual student housing survey should also be submitted to the Council. If in any year an annual survey demonstrates that there is unmet student housing demand on the site in excess of 50 bedspaces, the university must undertake to bring forward and implement plans to provide additional accommodation on site as a priority or offsite in line with Policy H7.

7.2eThe University was established in the city centre in 1962 at Kings Manor, Campus West following in 1964 and Campus East in 2009.  A business start-up hub facilitated by the University has been established in offices at the Guildhall.   The Council will work with the University to accommodate research/ knowledge business uses in the City Centre and elsewhere consistently with other policies in this Plan.

7.3   Campus East provides the potential for a cluster of knowledge based companies to locate, to the benefit of city and University. Such uses will contribute to the implementation of the York Economic Strategy (2016) and to the vitality of the University’s research activities.

Changes to the supporting text reflect modifications to policy wording.

MM7.4 Policy ED2: Campus West

 

New policy text, wholly replacing submission policy

 

Policy ED2: Campus West

 

Proposals for new development on University of York Campus West (including the extension and redevelopment of existing buildings) will be permitted having regard to the following requirements together with those in ED1:

  • Development at this site should maintain the parkland setting of the campus and preserve the integrity of the original design. This will include ensuring the heights of new buildings are appropriate to their surroundings and do not exceed the height of any high mature tree canopies, unless heritage impacts can be appropriately managed justifying a greater height.
  • Maintenance and where required expansion of an adequate internal cycle and pedestrian network which links to entrance points and bus stops
  • General car parking (excluding accessible parking spaces) does not exceed 1,520 spaces 

 

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

Modifications reduce duplication with the overarching Policy ED1 as modified.  Modifications delete the 23% built footprint restriction and better articulate the importance and relevance of the parkland setting and landscape requirements.

 

MM7.5 Policy ED2 explanation – paragraphs 7.4, 7.4b and 7.5

7.4   Campus West is shown overleaf at Figure 7.1. To ensure that university buildings on Campus West meet the requirements of a modern higher education institution, the replacement of buildings that are no longer fit for purpose and life expired will be supported. Proposals for extension or redevelopment should be in accordance with the provisions of the emerging University of York Development Brief, the principles of which are set out in Policy ED2 above. For information on the uses permitted at Campus West please see Policy ED1. The starting point for proposals should be to gain an understanding of the significance of the campus as a designed heritage asset (landscape and buildings) to determine whether further development is possible and where this is best located. The landscape and buildings were composed as a unified whole. It is important that development at Campus West:

  • Maintains the spatial relationship between open green and blue space and developed land (buildings, carparking and other hardstanding) across the campus.
  • Limits the height of new buildings, including extensions to existing buildings, and should not in most cases break or intrude above the existing skyline of high canopy trees
  • Respects the composition of the designed landscape, which as a Registered Park and Garden should be conserved and enhanced.

7.4b Car parking is restricted at this site, which is well served by buses.  Car travel should be minimised with a focus on walking and cycling both to and across the campus and priority should be given to sustainable modes of travel.

7.5   In accordance with the Section 106 legal agreement for Campus East, the level of student housing capacity at Campus West must be retained at least at the level at 2006, at the date of the agreement. This was established at 3,586 bedspaces.

Changes reflect the amended policy wording (MM7.4). More detailed explanatory text is included in light of the protected historic assets accommodated on Campus West, justifying and explaining the policy approach.

 

MM7.6 Figure 7.1

Delete Figure 7.1

 

 

Replace with

Map  Description automatically generated

 

Figure replaced with clearer map showing the correct extent of University of York’s Heslington Campus.

MM7.7 Policy ED3: Campus East

New policy text, wholly replacing submission policy

 

Policy ED3: University of York Campus East

 

The expansion of facilities on Campus East will be permitted having regard to the following requirements together with those in ED1:

  1. Campus East and ST27 will across both sites deliver research/knowledge based uses identified in the existing planning permission for Campus East in line with Policy EC1
  2. Appropriate connections to transport facilities including connections to the City Centre and links for sustainable modes of transport (including walking and cycling) both within the campus and externally 
  3. Total car parking shall not exceed 1,500 spaces 

To aid effectiveness and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

Modifications to this policy are made to reduce duplication with the overarching Policy. As with Policy ED2, modifications are also proposed to delete the 23% built footprint restriction and to better articulate the importance and relevance of the parkland setting and landscape requirements.

 

MM7.8 Policy ED3 explanation – paragraphs 7.6 to 7.12

 

7.6        Campus East and the ST27 extension (shown on Figure 7.1) provides the potential for a cluster of knowledge-based companies to locate, to the benefit of city and University. This aspiration will be reflected in the Development Brief for the site which will address the design parameters set out in Policy SS22 where  they relate to ST27 expansion site.

7.6a      Campus East was designed to be car free. Car parking should continue to be minimised, across the campus a focus will be on walking and cycling and bus travel over private car travel in line with Policy ED1 and reflected in Policy SS22.

Paragraphs 7.6 to 7.12 deleted

To reflect the policy modification MM7.7. Text that repeats parts of what a planning permission at Campus East states has been deleted as the content of this is unnecessary for inclusion as it neither justifies nor explains the policy content.

MM7.9 Policy ED5: York St. John University Further Expansion

Policy ED5: York St. John University Further Expansion

 

To support the continued success of York St. John University the following sites, as shown on the proposals policies map, are allocated for the uses below:

 

Sport uses:

Land at Northfield, Haxby Road

The following range of sports and related uses will be permitted on land at Northfield where proposals are consistent with GI5 and relevant Green Belt policies:

·       outdoor sports facilities, together with associated car and cycle parking;

·       appropriate indoor sports facilities; and

·       other outdoor recreational activity.

 

Student Housing:

SH1: Land at Heworth Croft.

Proposals for new student housing on land at Heworth Croft will be permitted having regard to the following requirements, together with those in other policies in the plan including H7, ENV4 and GI6:

·         A sequential approach to the site’s layout to ensure residential uses are developed on areas at the lowest risk of flooding and the new open space is brought forward on land within the functional floodplain; and,

·         The impact of development’s scale and massing on the setting of the Heworth Green/ East Parade Conservation Area.

To aid effectiveness and provide clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

Text in explanation related to Northfield is moved to policy and development considerations included to support SH1 to align with the capacity in Policy H1.

MM7.10 Policy ED5 explanation – paragraph 7.16

Providing they comply with relevant policies in the rest of the plan, appropriate uses of the allocated sites may include:

 

·         outdoor sports facilities, together with associated car and cycle parking and floodlighting;

·         appropriate indoor sports facilities; and

other outdoor recreational activity.

Deleted as text moved to policy.

MM7.11 Policy ED5 explanation – paragraph 7.18a

As identified in Policy H1, it is considered that an indicative capacity of 400 bedspaces could be accommodated. However, realising this density of development is contingent on appropriate mitigation of flood risk and ensuring the scale and massing is appropriate to the context, and in particular the impact on the setting of the Heworth Green/ East Parade Conservation Area.

To support modification to policy.

 


 

7.   SECTION 8: PLACEMAKING, HERITAGE, DESIGN AND CULTURE

 

Section 8: Placemaking, Heritage, Design and Culture

Modification Reference

Proposed Modification

Reason for change

MM8.1 Policy D1: Placemaking

… Development proposals will be supported where they improve poor existing urban and natural environments, enhance York’s special qualities and better reveal the significances of the historic environment. Development proposals that fail to take account of York’s special qualities, fail to make a positive design contribution to the city, or cause damage to the character and quality of an area will be refused.

 

Development proposals that:

·         fail to take account of York’s special qualities,; and/or

·         fail to make a positive design contribution to the city, and/or

·         cause damage to the character and quality of an area will be refused.

 

Where appropriate, Ddevelopment proposals should adhere to the following detailed design points:

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012  

MM8.2 Policy D1: Placemaking

 

ii.    Density and Massing 

·            demonstrate that the resultant proposed massing and density of a development proposal will be appropriate for its proposed use and neighbouring context. 

·            demonstrate that the combined effect of development does not dominate its wider setting, including other buildings and spaces, paying particular attention to those of historic significance. adjacent buildings or parks of architectural or historic significance. 

… 

 

iv.      Building Heights and Views 

·            respect York’s skyline by ensuring that development does not detract from challenge the visual dominance of the Minster or harm the city centre roofscape. 

·            respect and enhance views of landmark buildings and important vistas. 

 

iv.     Character and Design Standards

·         maximise sustainability potential.

·         ensure design considers residential amenity so that residents living nearby are not unduly affected by noise, disturbance, overlooking or overshadowing.

To ensure consistency with the NPPF and to enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012  

MM8.3 Policy D2; Landscape Setting

Development proposals will be encouraged and supported where they:

ii.     conserve protect and enhance landscape quality and character, and the public’s experience of it and make a positive contribution to York’s special qualities; 

iii.    demonstrate a comprehensive understanding of the interrelationship between good landscape design, bio-diversity enhancement and water sensitive design; 

iv.    create or utilise opportunities to enhance the public use and enjoyment of existing and proposed streets and open spaces; 

v.    recognise the significance of landscape features such as mature trees, hedges, and historic boundaries and York’s other important character elements, and retain them in a respectful context where they can be suitably managed and sustained; 

viii.  create a comfortable association between the built and natural environment and attain an appropriate relationship of scale between building and adjacent open space, garden or street. In this respect consideration will be also be given to function and other factors such as the size of mature trees; and  

To ensure consistency with the NPPF and to enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

MM8.4 Policy D3: Cultural Provision

 

i.        Development proposals will be supported where they:

 

·                enable and promote the delivery of new cultural facilities and/or activities and services such as permanent and temporary public arts;

·                provide facilities, opportunities, and/or resources for cultural programmes and activities, during and/or after the development period; 

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012  

MM8.5 Policy D4: Conservation Areas

Development proposals within or affecting the setting of a conservation area will be supported where they: 

 

i.       are designed to preserve or enhance those elements which contribute to the character or appearance of the Conservation Area; are designed to preserve or enhance the special character and appearance of the conservation area and would enhance or better reveal its significance;  

ii.      would enhance or better reveal its significance or would help secure a sustainable future for a building; and

ii.iii. safeguard important views guided by existing evidence, including in the York Central Historic Core Conservation Area Appraisal, and other local views. respect important views;. and 

iii.    are accompanied by an appropriate evidence based assessment of the conservation area’s special qualities, proportionate to the size and impact of the development and sufficient to ensure that impacts of the proposals are clearly understood. 

 

Outline pPlanning applications for development within or affecting the setting of conservation areas will only be supported if full design details are included, sufficient to show the likely impact of the proposals upon the significance character and appearance of the Conservation Area are included.  

 

Changes of use will be supported when it has been demonstrated that the primary uses of the building can no longer be sustained, where the proposed new use would not significantly harm the special qualities and significance of the conservation area.  

 

Harm to buildings, plot form, open spaces, trees, views or other elements which make a positive contribution to a Conservation Area will be permitted only where this is outweighed by the public benefits of the proposal. Substantial harm or total loss to the significance of a Conservation Area will be permitted only where it can be demonstrated that the harm or loss is necessary to achieve proposal would bring substantial public benefits that outweigh that harm or loss

 

Changes of use will be supported when it has been demonstrated that the beneficial current primary uses of the building can no longer be sustained, where the proposed new use would not significantly harm the prevailing character of the area. the special qualities and significance of the conservation area.  

 

Applications should be are accompanied by an appropriate evidence based assessment of the conservation area’s special qualities, proportionate to the size and impact of the development and sufficient to ensure that impacts of the proposals are clearly understood. 

To ensure consistency with the NPPF and the Planning (Listed Buildings and Conservation Areas) Act 1990, and to enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012  

MM8.6 Policy D4 Explanation – new paragraph 8.26a

8.26a    When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.

New paragraph added, to ensure consistency with the NPPF.

MM8.7 Policy D5: Listed Buildings

Proposals affecting a Listed Building or its setting will be supported where they: 

 

i.          preserve, enhance or better reveal those elements which contribute to the significance of the building or its setting. The more important the building, the greater the weight that will be given to its conservation; and 

ii.          help secure a sustainable future for a building at risk. 

iii.         are accompanied by an appropriate, evidence based heritage statement, assessing the significance of the building.  

 

Changes of use will be supported where it has been demonstrated that the original use of the building is no longer viable and where the proposed new use of the building would not harm its significance and would help secure a sustainable future for a building at risk.

 

Harm or substantial harm to an element which contributes to the significance of a Listed Building or its setting will be permitted only where this is outweighed by the public benefits of the proposal. Substantial harm or total loss of a Listed Building will be permitted only where it can be demonstrated that the substantial harm or loss is necessary to achieve proposal would bring substantial public benefits that outweigh that harm or loss, or all of the following apply:

●          the nature of the heritage asset prevents all reasonable uses of the site; and

●          no viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; and

●          conservation by grant-funding or some form of charitable or public ownership is demonstrably not possible; and

●          the harm or loss is outweighed by the benefit of bringing the site back into use. 

 

Applications should be accompanied by an appropriate, evidence based heritage statement, assessing the significance of the building. sufficient to understand the potential impact of the proposal on the significance of the building.

 

To ensure consistency with the NPPF and the Planning (Listed Buildings and Conservation Areas) Act 1990, and to enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012   

MM8.8 Policy D5 Explanation – new paragraphs

 

8.30a Where a development will comprise works to a heritage asset then building recording will be required. Building recording may comprise detailed archaeological survey or a photographic record, depending upon the significance of the heritage asset and the nature of the works proposed. The survey must be undertaken by a suitably experienced professional in accordance with a Written Scheme of Investigation approved by the Local Planning Authority and to the relevant Historic England and Chartered Institute for Archaeologists Standard and Guidance. The results of the building recording will be deposited with the City of York Historic Environment Record. Significant findings will also be formally published in order to make the information publicly accessible and to advance understanding

 

8.30b    When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.

New paragraphs added, to ensure consistency with the NPPF and provide clarity for decision making purposes in line with paragraph 154 of NPPF 2012  

MM8.9 Policy D6: Archaeology

ii.     they will not result in harm to an element which contributes to the significance or setting of a Scheduled Monument or other nationally important remains, unless that harm is outweighed by the public benefits of the proposal.  Substantial harm or total loss of a Scheduled Monument or other nationally important remains will be permitted only where it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss; the significances of the site or its setting; 

iv.    the impact of the proposal is acceptable in principle and harm to archaeological deposits is unavoidable, detailed mitigation measures have been agreed with City of York Council that include, where appropriate, provision for deposit monitoring, investigation, recording, analysis, publication, archive deposition and community involvement. 

To ensure consistency with the NPPF and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012  

MM8.10 Policy D6 Explanation

8.31   …Within the historic core, substantial harm is defined as greater than 5% disturbance to the most significant buried archaeological deposits through foundation design and infrastructure development as described in the York Development and Archaeology Study (1990). Within the historic core, substantial harm to nationally-important remains will be permitted only where it meets this target and up to 95% of the most important deposits remain preserved in-situ or where it can be demonstrated that the proposal would bring substantial public benefits considered to outweigh the archaeological harm caused.  This policy approach has been adopted to ensure both the continued economic vitality of the city centre and the preservation in-situ of these highly significant deposits.  In all other parts of the City of York, substantial harm to or loss of designated or undesignated features or deposits of national importance will be permitted only where this is outweighed by the public benefits of the proposal.  

 

8.31a Harm to archaeological features and deposits of less than national importance will be considered against the benefits of the proposal and the significance of the archaeology.

 

8.31b Should a proposal include an area which has already been subject to piling and/or has been partially excavated every option to preserve the remaining archaeological resources in-situ should be explored.  This should include the consideration of re-use of existing foundations where possible, including piles.

 

8.34a    When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.

To ensure consistency with the NPPF and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012  

MM8.11 Policy D7: The Significance of Non-Designated heritage Assets

Policy D7: The Significance of Non-Designated Heritage Assets

 

Development proposals affecting a non-designated heritage asset or its setting will be encouraged and supported where they conserve those elements which contribute to its significance.are designed to sustain and enhance the significance of York’s historic environment, including non-designated heritage assets.

 

 

Prior to the demolition, alteration, extension or restoration of heritage assets (both designated and on-designated) appropriate building recording relevant to the asset’s significance and the scope of works will be undertaken.  

To ensure consistency with the NPPF and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012  

MM8.12 Policy D7 Explanation – paragraphs 8.35 to 8.37

 

8.35        The National Planning Policy Framework (2012) encourages Local Authorities to consider the significance of non-designated all heritage assets. The concept of describing and appraising the significance of listed buildings, conservation areas and other ‘designated assets’ is longstanding in legislation and guidance, and is to be protected through the application of other policies in this section. There are a number of processes through which non-designated heritage assets may be identified, including the local and neighbourhood plan-making processes, conservation area appraisals and reviews and as part of the decision-making process on planning applications.  In advance of the adoption of a Local List, applicants should consult relevant evidence alongside This the policy’s however provides clear local criteria, to identify non-designated heritage assetsThe policy criteria help guide development decisions, enabling applicants and decision makers to better understand what is meant by ‘significance’ in relation to local non-designated heritage assets and their settings. Any development proposals that relate to non-designated heritage assets and their settings must be accompanied by an assessment of their significance in line with the criteria in Policy D7.

 

8.36        Where a development will comprise works to a designated or non-designated heritage asset then building recording will may be required. Building recording may comprise detailed archaeological survey or a photographic record, depending upon the significance of the heritage asset and the nature of the works proposed. The survey must be undertaken by a suitably experienced professional in accordance with a Written Scheme of Investigation approved by the Local Planning Authority and to the relevant Historic England and Chartered Institute for Archaeologists Standard and Guidance. The results of the building recording will be deposited with the City of York Historic Environment Record. Significant findings will also be formally published in order to make the information publicly accessible and to advance understanding. 

 

8.37    City of York Council worked has been working alongside with a local community group (York Open Planning Forum) to establish a set of criteria to appraise and help establish a Local Heritage List for York, which form the basis for the stated policy criteria. Local Heritage Assets contribute to York’s special character, significance and sense of place, as defined in the Council’s Heritage Topic Paper Update (2014).  

 

 

MM8.13 Policy D8: Historic Parks and Gardens

Harm to an element which contributed contributes to the significant significance of a Registered Historic Park and Garden will be permitted only where this is outweighed by the public benefits of the proposal. Substantial harm or total loss to the significance of a Registered Historic Park and Garden will be permitted only where it can be demonstrated that the harm or loss is necessary to achieve proposal would bring substantial public benefits that outweigh that harm or loss.  

To ensure consistency with the NPPF and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

MM8.14 Policy D8 Explanation – new paragraph

8.41a    When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.

To ensure consistency with the NPPF and enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012  

MM8.15 Policy D10: York City Walls and St Marys Abbey Walls (York Walls)

Development proposals within the areas of York Walls designated as Scheduled Ancient Monuments will be supported where they are for the specific purpose of enhancing physical and intellectual access to York Walls. 

 

Harm to the significance of York Walls will be permitted only where this is demonstrably outweighed by the public benefits of the proposal.

 

Development proposals adjacent to or likely to affect the setting of the City Walls designated as Scheduled Monuments will only be permitted where: 

 

i.     they are accompanied by a Heritage Statement that clearly assesses the impact which the proposals are likely to have upon the elements which contribute to their significance and principle characteristics which contribute to their significance and the six principle characteristics of the City as identified in the Heritage Topic Paper; 

ii.     they are designed to preserve the special character of the city wallsbe no higher than the city walls externally and not reduce their dominance;  

iii.    they do not cause harm to those elements which contribute to the significance, including the setting, or the setting of York Walls; and 

iv.    they are of the highest design quality which, where possible, enhances or better reveals the significance of York Walls; and,

v     any harm to the significance of the setting is demonstrably outweighed by the public benefits of the proposal.

To ensure consistency with the NPPF and enhance clarity  for decision making purposes in line with paragraph 154 of NPPF 2012  

MM8.16 Policy D13: Advertisements

In addition, within conservation areas and on buildings identified as heritage assets, illumination will only be supported where the fittings, wiring and level of illumination are is designed to preserve or enhance the historic character and appearance of the building, area and the premises trade as part of the evening economy.

To enhance clarity for decision making purposes in line with paragraph 154 of NPPF 2012  

 


8.   SECTION 9: GREEN INFRASTRUCTURE

 

Section 9: Green Infrastructure

Modification Reference

Proposed Modification

Reason for change

MM9.1 Policy GI1 Green Infrastructure

 

      i.        the delivery of the aspirations of partner strategy documents and action plans, including the Leeds City Region Green Infrastructure Strategy (20108) any other current regional strategies, any other plans formally approved in the future by the Council as part of the Green Infrastructure Strategy;

 

Where appropriate, dDevelopment proposals will be expected to demonstrate that they are consistent with the above objectives and meet other specific policies below on green infrastructure considerations have been taken into account, in line with the criteria above.

To update with latest evidence and provide clarity for decision making purposes in line with paragraph 154 of NPPF 2012.

MM9.2 Policy GI2: Biodiversity and Access to Nature

i.        assess potential effects on International Sites in accordance with the statutory protection which is afforded to the site. Proposals will be determined in accordance with statute

ii.       demonstrate that proposals will not have an adverse effect on a National Site (alone or in combination). Where adverse impacts occur, development will not normally be permitted, except where the benefits of development in that location clearly outweigh both the impact on the site and any broader impacts on the wider network of National Sites.

iii.      demonstrate that where loss or harm to a National site cannot be prevented or adequately mitigated, as a last resort, provide compensation for the loss/harm. Development will be refused if loss or significant harm cannot be prevented, adequately mitigated against or compensated for.

iv.       avoid loss or significant harm to Sites of Importance for Nature Conservation (SINCs) and Local Nature Reserves (LNRs), whether directly or indirectly. Where it can be demonstrated that there is a need for the development in that location and the benefit outweighs the loss or harm the impacts must be adequately mitigated against, or compensated for as a last resort;

Ensures appropriate distinctions are made between different levels in a hierarchy of nature sites in accordance with paragraph 113 of the NPPF (2012). Consistent with Natural England’s July 2019 response to the Regulation 19 consultation.

MM9.3 Policy GI2: Biodiversity and Access to Nature

v.      Retain irreplaceable habitats, including ancient woodland and veteran trees. Development resulting in the loss, deterioration and/or fragmentation of irreplaceable habitats will not be supported unless there are wholly exceptional reasons and a suitable compensation plan exists.

viii.       result in net gain to, and help to improve, biodiversity; achieve net gain in biodiversity in accordance with The Environment Act 2021 (when enforced) and national policy, contributing to the recovery of priority species and habitats and new habitat creation;

New criterion to reference ancient woodland and veteran trees, bringing into the Development Plan the NPPF requirement.

 

MM9.4 Policy GI2 explanation – paragraph 9.5

The extent of that buffer could vary depending on the site, the type and value of the habitat present and the proposed change. In addition, whilst recognising the benefits to people provided from access to nature, where appropriate developments will be required to fully assess and mitigate for the impact of recreational disturbance on SSSIs, SACs and SPAs

To provide additional clarity and acknowledge the circumstances where a need to consider recreational disturbance is required.

MM9.5 Policy GI2 explanation – paragraph 9.6

Bio-diversity mitigation and enhancement should be provided on site. Only in very exceptional circumstances, where the proposed development clearly outweighs the nature conservation value of the site and the impact on biodiversity is unavoidable, appropriate mitigation or compensation will be required. This should be achieved through planning conditions and obligations. Biodiversity offsets are measurable conservation outcomes resulting from actions designed to compensate for residual adverse impacts arising from a development after mitigation measures have been taken. The goal of biodiversity offsets is to achieve no net loss and preferably a net gain of biodiversity.

The Environment Act sets out a mandatory requirement for development to deliver at least a 10% biodiversity net gain. The provisions of the Act are subject to secondary legislation and development will need to comply with the regulations once it comes into