City of York Council
Environment and Development Services
9 St Leonard's Place
People and Communities Group PO Box 213
New Station Street
Our Ref: YH5343/310/2. Your Ref:
Date: 14 September 2005
TOWN AND COUNTRY PLANNING ACT 1990 ""7 SECTION 77
TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995
TOWN AND COUNTRY PLANNING (RESIDENTIAL DEVELOPMENT ON GREENFIELD LAND) (ENGLAND) DIRECTION 2000
TOWN AND COUNTRY PLANNING (DEVELOPMENT PLANS AND CONSULTATION) (DEPARTURES) DIRECTIONS 1999
TOWN AND COUNTRY PLANNING (INQUIRIES PROCEDURE) (ENGLAND) RULES 2000 OUTLINE PLANNING APPLICATION BY PERSIMMON HOMES AND HOGG BUILDERS FOR RESIDENTIAL DEVELOPMENT OF APPROX. 700 DWELLINGS, PUBLIC OPEN. SPACE AND COMMUNITY FACILITIES INCLUDING LOCAL SHOPS, WITH ASSOCIATED FOOTPATHS, CYCLEWAYS, ROADS, ENGINEERING WORKS AND LANDSCAPING AT GERMANY BECK SITE, EAST OF FORDLANDS ROAD, FULFORD., YORK APPLICATION NUMBER: 01/01315/0UT
1. I am directed by the First Secretary of State to refer to the above-named application for planning permission.
2. The Secretary of State's policy on call-ins is set out in Richard Caborn's statement of 16 June 1999 in reply to a Parliamentary Question tabled by Mr Bill Michie MP. His policy is to be very selective about calling in planning applications. He will, in general only take this step if planning issues of more than local importance are involved. Having regard to this policy, the Secretary of State is of the opinion that this application is one that he ought to decide himself because he considers that the proposals may conflict with national policies on important matters. The Secretary of State accordingly directs, under his powers in the above 1990 Act, that the application shall be referred to him instead of being dealt with by the Council.
3. To consider all the relevant aspects of the proposed development, the Secretary of State has decided to hold a local inquiry. For the purposes of the 2000 Rules this letter is the "relevant notice" that an inquiry is to be held and the date of this letter is the "starting date", All the arrangements for holding the inquiry will be made by the Planning Inspectorate in Bristol. They will write to you within the next few days to let you know the name and telephone number of the case officer who will handle these matters. Meanwhile, the original application, together with any plans and other documents accompanying it which have not already been supplied to this Office (including any related certificates and correspondence) should now be sent to the following address
The Planning Inspectorate'
3/17 Eagle Wing
Temple Quay House
2 The Square
BRISTOL BS 1 6PN
On the information so far available to the Secretary of State, the following are matters which he particularly wishes to be informed about for the purposes of his consideration of the application:
A) whether the development which is the subject of the planning application is in accordance with the current and emerging development plan for the area, having particular regard to the adopted and deposited draft Structure Plans and the provisions of the Regional Planning Guidance and the recently published draft revised Regional Planning Guidance (Regional Spatial Strategy);
B) the extent to which the proposed development is consistent with Government policies in Planning Policy Statement 1: Delivering Sustainable Development and The Planning System General Principles - with particular regard to:
i) protection and enhancement of the environment and the advice in paragraphs 17 and 18 of PPS1;
ii) advice on prematurity in paragraphs 17 and 18 of the General Principles, having regard to progress towards adoption of the York Local Plan/Local Development Framework; and
iii) whether the scheme would secure a high quality of design, and its effect an the character of the area, having regard to the advice in paragraphs 33 - 39 of PPS1;
C) the extent to which the proposed development is consistent with Government policies in Planning Policy Guidance Note 2: Green Belts - with particular regard to:
i) whether the proposed development is inappropriate development in the green belt by reference to the guidance in paragraphs 3.1 - 3.4 and any relevant development plan policies and, if it is inappropriate, whether very special circumstances exist which clearly outweigh the harm to the green belt caused by reason of its inappropriateness, and any other harm;
ii) whether the proposed development would conflict with the fundamental aim of green belt policy to prevent urban sprawl;
iii) the extent to which the scheme would be consistent with the purposes of including land in the green belt; and
iv) whether the proposed development would harm the visual amenities of the green belt by reason of its siting, materials or design;
D) the extent to which the proposed development would conflict with national planning policy on residential development as set out in PPG 3: Housing with particular regard to:
i) whether an adequate sequential test has been properly applied and whether there is a need to release this greenfield land for the purpose of providing housing in York;
ii) the accessibility of jobs, shops, and other services from the site by modes of transport other than the private car, and the potential for improving such accessibility;
iii) whether and how the proposed development would secure an appropriate mix of dwelling size, type and affordability, taking account of any housing needs assessment by the Council;
iv) whether the proposed development would make the best use of land, taking into account its density, layout, design, and the level of car parking provision, having regard to the advice in paragraphs 54 - 62 of PPG3;
v) whether the development would represent good design having regard to the landscape of the locality;
E) the extent to which the proposed development is consistent with Government policies and principles in Planning Policy Statement 6: Planning for Town Centres, particularly:
i) whether there is a need for additional local shops and services; and the advice in paragraphs 2.55 - 2.59 of PPS6; and
ii) whether it has been demonstrated that an adequate, flexible and sequential approach has been applied in selecting the location and scale of the proposed detail elements of the development, taking into account the scale and format of the development, car parking provision and the scope for disaggregation; and the advice in paragraphs 2.41 and 3.13 - 3.19 of PPS6;
F) the extent to which the proposed development is consistent with Government policies in Planning Policy Statement 7: Sustainable Development in Rural Areas with particular regard to:
i) key principles on siting, location, accessibility and design (paragraph 1 (i)-(vi));
ii) ensuring that the quality and character of the wider countryside is protected and, where possible, enhanced (paragraph 15); and
iii) recognising the importance of the countryside around all urban areas, to those who live or work there, and also in providing the nearest and most accessible countryside to urban residents. Securing environmental improvements and maximising a range of beneficial uses of this land, whilst reducing potential conflicts between neighbouring land uses (paragraph 26);
G) the extent to which the proposed development would conflict with national planning policy on biodiversity and geological conservation as set out in Planning Policy Statement 9, in particular:
i) the extent to which the proposed development is likely to have an impact on biodiversity and geology;
ii) whether or not there is likely to be any impact on a European protected species listed in the Habitats Directive;
iii) whether there is likely to be any impact on a species protected under the Wildlife and Countryside Act 1981 or any other legislation; and
iv) whether or not there is likely to be any impact on any site of national, regional or local biodiversity and geological interest;
H) the extent to which the proposed development would conflict with national planning policy on Transport as set out in PPG 13, in particular:
i) on the need to locate development in a way which helps to
. promote more sustainable transport choices
. promote accessibility to jobs, shopping, leisure facilities and services by public transport, walking and cycling and
. reduce the need to travel, especially by car
ii) whether the proposal complies with local car parking standards and the advice in paragraphs 52 - 56 of PPG13;
I) the extent to which the proposed development is consistent with advice in Planning Policy Guidance Note 15: Planning and the Historic Environment, in particular;
i) the desirability of preserving or enhancing the character or appearance of conservation areas;
J) the extent to which the proposed development is consistent with advice in Planning Policy Guidance Note 16: Archaeology and Planning with particular regard to:
i) the adequacy of any assessment and field evaluation to determine the character and extent of the archaeological remains and the options for minimising or avoiding damage;
ii) having regard to the assessment and field evaluation, whether the physical preservation in situ of archaeological remains is justified, taking into account the presumption in favour of the physical preservation of nationally important archaeological remains and their settings; and
iii) where the physical preservation in situ of archaeological remains is not considered justified in the circumstances of the case and development resulting in the destruction of the archaeological remains should proceed, whether appropriate and satisfactory provision can be made for the excavation and recording of the remains;
K) the extent to which the proposed development is consistent with advice in Planning Policy Guidance Note 17: Planning for Open Space, Sport and Recreation with particular regard to:
i) whether or not any assessment of the needs of the local area has been undertaken and specific needs and quantitative or qualitative deficits or surpluses have been identified;
L) the extent to which the proposal is consistent with advice in Planning Policy Statement 23: Planning and Pollution Control;
M) the extent to which the proposed development is consistent with advice in Planning Policy Guidance Note 24: Planning and Noise;
N) the extent to which the proposed development is consistent with advice in Planning Policy Guidance Note 25: Development and Flood Risk with particular regard of the need:
i) to avoid development that increases flood risk through its effect on flood plain flows and storage;
ii) to give priority to lower-risk areas for the location of development; and
iii) to ensure that development within areas vulnerable to flooding be protected to an appropriate minimum standard taking account of the likely effects of climate change;
0) whether planning permission should be granted for the developments comprising the application;
P) what conditions should be imposed on any permission which might be given; and, in particular, the need for a condition to limit the likely significant environmental effects of the development to those described and assessed in the Environmental Statement submitted with the application;
Q) any other aspect of the proposed development which the Inspector may feel is material to the decision.
This is to be taken as the Secretary of State's statement under rule 6(12) of the 2000 Rules.
5. In accordance with rule 6(1) and (2), the local planning authority shall ensure that two copies of a statement of case are received by the Secretary of State, and one copy has been received by any statutory party as defined in rule 2 within six weeks of the starting date (unless the Planning Inspectorate notifies you otherwise). Your attention is drawn to rule 6(11). The Secretary-of State will comply with rule 6(4).
6. The statement of case should contain the full particulars of the case which you propose to put forward at the inquiry and a list of any documents to which you intend to refer or put in as evidence. If you are proposing to give evidence, or call another person to give evidence, at the inquiry by reading a written statement (i.e. proof of evidence), your attention is drawn to rule 13.
7. Your attention is drawn to rules 4 and 6(2), in particular to the requirement upon your Council to inform forthwith the Secretary of State of the names and addresses of any statutory parties.
8. Your attention is also drawn to the provisions in rule 14 of the 2000 Rules that the local planning authority and the applicant shall together prepare an agreed statement of common ground and ensure that a copy is received by the Secretary of State and by any statutory party not less than 8 weeks before the inquiry opens.
9. .In pursuance of Article 14 of the 1995 Order, the Secretary of State hereby directs the Council not to grant planning permission for any development which is the same kind as that which is the subject of the planning application referred to above on any land which forms part of, or includes: the site to which the application relates until the Secretary of State has issued his decision on that application.
10. Although I have written to the applicant's agents in similar terms to this letter, your attention is drawn to Article 18 of the 1995 Order. This requires the Council to serve on the applicant notice of the terms of, and the reasons for, the section 77 direction.
Authorised by the Secretary of State to sign in that behalf
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