Item 9 National Park Authority Planning Committee

24 July 2014

Miscellaneous Items

(a) Appeals

(i) The Secretary of State for Communities and Local Government has determined the following appeals made to him against decisions of the Committee:-

Location of Site/Appellant Decision (Inspector) Sycamore Cottage, Appleton-le-Moors, Decision: Appeal allowed Kirkbymoorside, North , YO62 6TE Inspector: M Seaton

Background Documents for This Item

1. Inspector's letter attached at Appendix A.

(ii) Set out below is information on dates/venues of inquiries/hearings:-

Appellants Name and Method of Date of Local Venue Location Determination Inquiry/Informal Hearing NYM0008/2013 Hearing 22 July 2014 The Old Vicarage, Mr R & Mrs C Bohling Bondgate, Land west of Craghill, Raven Hall Road, Ravenscar NYM/2013/0506/FL Hearing 19 August 2014 The Old Vicarage, Mr C Foster, Land at Bondgate, Helmsley Rake Lane, Lealholm

(iii) Appeals received:

Ref Number Appellants Name and Description Location NYM/2013/0506/FL Mr C Foster Construction of 1 no. agricultural Land at Rake Lane, workers dwelling and 2 no. agricultural Lealholm buildings together with creation of access road and landscaping works NYM/2014/0245/FL Mr & Mrs M Wilson removal of condition 1 of planning Mill Cottage Levisham approval NYM/2010/0051/FL NYM/0003/2014 Mr L White Without planning permission, the Timber Chalet Building, change of use of the building from an Lockerice Hole, Back ancillary domestic use to a permanent Lane, Swainby independent residential dwelling use

(b) Planning Applications Determined by the Director of Planning

A list of planning applications determined by the Director of Planning in accordance with the Scheme of Delegation is attached at Appendix B.

[NB: Members wishing to enquire further into particular applications referred to in the Appendix are asked to raise the matter with the Director of Planning in advance of the meeting to enable a detailed response to be given].

(c) Enforcement Update

The report is attached at Appendix C.

(d) Hedgerow Applications

A list of hedgerow applications determined by the National Park Officer in accordance with the Scheme of Delegation is attached at Appendix D.

[The individual files will be available for Members to inspect at the meeting].

Andy Wilson Chief Executive (National Park Officer)

Chris France Director of Planning

Appeal Decision Site visits made on 6 & 21 May 2014 by M Seaton BSc (Hons) Dip TP MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government

Decision date: 30 May 2014

Appeal Ref: APP/W9500/A/14/2213547 Sycamore Cottage, Appleton-le-Moors, Kirkbymoorside, , YO62 6TE • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a grant of planning permission subject to conditions. • The appeal is made by Mr Philip Trevelyan against the decision of North York Moors National Park. • The application Ref NYM/2013/0485/FL, dated 12 July 2013, was approved on 21 October 2013 and planning permission was granted subject to conditions. • The development permitted is the provision of a new porch to the front elevation, and a dormer window to the rear elevation. • The conditions in dispute are Nos 8 and 9 which state that: (8) “No work shall commence on site to install the windows in the development hereby approved until details of obscure glazing to the porch windows in the north elevation of the development have been submitted to and approved in writing by the Local Planning Authority. The work shall accord with the details so approved and shall be maintained in that condition in perpetuity.” (9) “Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order), all new or replacement window frames and glazing bars of all windows in the east facing (rear) elevation of the dwelling known as Sycamore Cottage shall be of timber construction and thereafter be so maintained and no other materials shall be used without the prior written consent of the Local Planning Authority.” • The reasons given for the conditions are: (8) “In order to comply with the provisions of NYM Core Policy A which seeks to ensure that new development does not detract from the quality of life of local residents.” (9) “For the avoidance of doubt and in order to comply with the provisions of NYM Core Policy A and NYM Development Policy 3 which seek to ensure that the appearance of the development is compatible with the character of the locality and that the special qualities of the National Park are safeguarded.”

Decision

1. The appeal is allowed and planning permission Ref NYM/2013/0485/FL for the provision of a new porch to the front elevation, and a dormer window to the rear elevation at Sycamore Cottage, Appleton-le-Moors, Kirkbymoorside, North Yorkshire, YO62 6TE granted on 21 October 2013 by North York Moors National Park, is varied, by deleting condition Nos. 8 and 9.

Preliminary Matters

2. An initial unaccompanied site visit was made on 6 May 2014. However, it proved necessary to make a further site visit to fully assess the merits of the case, with this taking place on 21 May 2014. At the time of my visit,

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construction work had already commenced on the porch, with the dormer window having been completed.

3. Amended plans were submitted by the appellant prior to the determination of the planning application by the Council. The plans showed a reduction in the overall scale of the front porch, and were the basis upon which the Council assessed the application. I have also determined the appeal on the basis of these plans.

4. Since the submission of the appeal, national Planning Guidance has been published resulting in Circular 11/95 ‘Use of Conditions in Planning Permissions’, save for Appendix A (Model Conditions), being superseded. However, I am satisfied that despite this change the main parties would not be disadvantaged by consideration of the appeal against the national Planning Guidance as well as paragraph 206 of the National Planning Policy Framework (the Framework), and it is on this basis that I have determined the appeal.

Main Issues

5. The main issues in this instance are;

• whether the conditions are reasonable and necessary in the interests of the living conditions of the neighbouring occupiers of Kirkside Cottage, having regard to privacy; and

• whether the conditions are reasonable and necessary in the interests of preserving or enhancing the character or appearance of the Appleton le Moors Conservation Area.

Reasons

Living conditions

6. The porch occupies a position at the front of the dwelling close to the boundary with Kirkside Cottage to the north. The boundary between the neighbouring properties is comprised of a stone wall, the height of which increases in steps from the road frontage into the site. The design incorporates a glazed north elevation facing towards Kirkside Cottage which the appellant wishes to retain as clear rather than obscure glazing, with the Council and the neighbouring occupiers expressing concern over the potential for a resultant loss of privacy.

7. From my observations on site the height of the existing boundary wall would prevent any unacceptable or harmful overlooking of neighbouring habitable room windows. Furthermore, the porch would not provide habitable living accommodation in its own right, but a transitional space between the main dwelling and front path and front garden, from which currently similar views could be obtained. Whilst I acknowledge the concerns of neighbouring occupiers as to how the porch may be used in the future and whether the appellant may reduce the height of the wall, there is no compelling evidence before me to support either of these contentions. I would therefore conclude that the use of clear glazing would not compromise or harm the living conditions of the occupiers of Kirkside Cottage.

8. Further to the matters related to the porch, I note that concerns have also been raised by neighbouring occupiers in respect of the potential for overlooking and loss of privacy from the rear dormer window. The dormer

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window occupies an elevated position on the rear roof, and would allow a degree of overlooking of neighbouring rear gardens. However, any mutual overlooking from upper floors of adjoining rear gardens would not be any more severe than might reasonably be expected in a residential area, and would not appear to be unusual in the context of other dwellings within Appleton-le- Moors. In this respect, I am not persuaded that the dormer window results in an adverse impact on the living conditions of neighbouring occupiers.

9. On the basis of the evidence before me, my observations on site, and paragraph 206 of the Framework, I conclude that condition No.8 is neither reasonable nor necessary to safeguard the living conditions of the neighbouring occupiers of Kirkside Cottage, having regard to privacy. The development without the condition would not conflict with Core Policy A, or Development Policies 3 and 19 of the North York Moors National Park Authority Core Strategy and Development Policies (2008). These policies seek to ensure that development does not detract from the quality of life of local residents, and does not adversely affect the residential amenity of neighbouring occupiers.

Character and appearance

10. I am satisfied that the design, scale, and materials of the completed dormer window and front porch complement the appearance of the existing dwelling. Whilst the dormer window is relatively large, given its location it would not appear as incongruous as a visually intrusive addition to the dwelling within the context of the conservation area. In this respect, the development would preserve the character and appearance of the Appleton le Moors Conservation Area.

11. Despite the Council also reaching this conclusion, and the windows of the conservatory and the dormer window being constructed from timber, it has imposed a condition requiring all new or replacement window frames and glazing bars of all windows in the rear elevation to be of timber construction. In seeking to justify the condition, the Council has cited the existing Article 4(2) Direction concerning alterations to dwellinghouses within the Appleton le Moors Conservation Area, and particularly that whilst the Direction concerns the appearance of the front elevation of dwellings, it does not safeguard the rear elevations. Whilst this may be the case, and I acknowledge the planning objective which the Council is seeking to achieve, this would not be sufficient alone to warrant the imposition of such a condition when the scope of the condition would far exceed that of the nature and impact of the development permitted. The council in imposing the condition appears to be seeking to replicate the control of the Article 4(2) Direction to remedy a pre-existing issue or concern which has not been created by the proposed development, and on this basis the condition would not fairly and reasonably relate to the development permitted. As the Council has not specifically withdrawn permitted development rights for this type of development, the level of control that it is seeking to exert on this small development is excessive.

12. In addition to the porch and dormer window, despite not explicitly described by either main party in the description of development, my attention has been drawn to the replacement of existing timber barge boards with uPVC barge boards in connection with the development. The Council has highlighted their concern over the appropriateness of uPVC for these works, and I agree with these concerns. In this respect, I note that the Council has imposed a

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condition (No. 6) seeking the replacement of the uPVC barge boarding with timber barge boarding, and also that the appellant has not objected to the condition or included it as part of this appeal. I am satisfied that the use of a condition to secure the timber barge boarding is appropriate and that this matter has therefore been satisfactorily addressed.

13. With reference to paragraph 206 of the Framework, I conclude that condition No.9 is neither reasonable, necessary, nor fairly and reasonably related to the scale and kind of the development permitted, in the interests of preserving or enhancing the character or appearance of the Appleton le Moors Conservation Area. The development without the condition would not conflict with Core Policies A and G, or Development Policies 3 and 4 of the North York Moors National Park Authority Core Strategy and Development Policies (2008). These policies seek to ensure that development conserves the special qualities of the National Park, that the scale, proportions, design detailing and materials of development respect the existing architectural context, and that the development preserves or enhances the character or appearance of the conservation area.

Other Matters

14. Interested parties have also raised concerns over the potential impact on property values and the structural integrity of the adjoining property. However, on neither issue has any substantive evidence been provided to support these suggestions, and I have not attached any significant weight to these matters in reaching my decision.

Conclusion

15. For the reasons given above I conclude that the appeal should succeed. I will vary the planning permission by deleting the disputed conditions. M Seaton

INSPECTOR

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Appendix B

List of Planning Applications Determined by the Director of Planning for the Period from 05/06/2014 to 11/07/2014 in the Following Order and then by District: Delegated Planning Applications; Post Committee Applications; on Expiration of Advertisement; on Receipt of Amended Plans and Further Observations; Approval of Conditions; Applications Adjacent to the Park (3024); Notifications Under Schedule 2, Part 6/7, of The Town & Country Planning (General Permitted Development) Order 1995

NYM/2013/0439/FL Approved 26/06/2014 creation of a gated disabled access path and formation of new doorway at The Darley Memorial Hall, Lastingham Village Hall, Front Street for Sir Michael Carlisle

NYM/2013/0590/CU Approved 09/07/2014 change of use of agricultural building to stables (retrospective) at Toft Hill Farm, Hill Road, Kirkby-In-Cleveland for Mr Simon Garth

NYM/2013/0649/FL Approved 13/06/2014 change of use of land and construction of 20 no. dwellings (15 no. open market and 5 no. affordable) with associated garages, parking, access and landscaping works at land to the north of Linkfoot Lane, Helmsley for Wharfedale Homes

NYM/2014/0014/FL Refused 25/06/2014 construction of 1 no. local occupancy dwelling and 2 no. detached single garages following demolition of existing dwelling and garage (resubmission following withdrawal of NYM/2012/0772/FL) at Deanside, West End, Ampleforth for Mr David Read

NYM/2014/0088/FL Approved 20/06/2014 creation of a vehicular access at land adjacent Manor House, Ugglebarnby for Mr Chris Orme

NYM/2014/0096/FL Approved 11/06/2014 extension and reorganisation of existing caravan site to allow for 90 static caravans, 31 touring pitches, 4 camping pods, construction of toilet block, extension of holiday season to 11 months of the year together with associated access roads, parking and landscaping at Ugthorpe Lodge Caravan Site, Guisborough Road. Ugthorpe for Mr David Stainsby

NYM/2014/0157/FL Approved 19/06/2014 erection of an agricultural livestock building at Woodhead Farm, Great Fryup, Lealholm for D C Smith & Sons

NYM/2014/0172/CU Approved 08/07/2014 change of use of land to form ménage at Coopers Farm, Aislaby for Mrs Francine Swift

NYM/2014/0179/FL Approved 10/06/2014 installation of replacement timber windows at The Haven, Appleton le Moors for Mrs Marjorie Ingleby

NYM/2014/0206/FL Approved 26/06/2014 siting of a timber clad metal container at The Pavilion Sports Centre, High Street, Lythe for Mulgrave Com. Sport Association

NYM/2014/0209/FL Approved 25/06/2014 replacement and repositioning of garage door and also replacement windows and front door (retrospective) at Ocean View, Seaton Garth, Staithes for Mr Christopher Lambert

NYM/2014/0217/FL Approved 11/06/2014 formation of tennis court and basketball court at Northcliffe Holiday Park, Bottoms Lane, High Hawsker for Mr Andrew Martin

NYM/2014/0218/FL Approved 11/06/2014 use of land for siting of 9 no. camping pods to replace existing tent pitches at Northcliffe Holiday Park, Bottoms Lane, High Hawsker for Mr Andy Martin

NYM/2014/0219/FL Refused 17/06/2014 removal of condition 5 of planning approval NYM/4/043/0115A/PA to allow for an open occupancy dwelling at Fryup Hall Farm, Fryup for Mr Philip Leese

NYM/2014/0221/FL Approved 05/06/2014 construction of single storey rear extension to replace existing conservatory at April Cottage, Back Lane, Osmotherley for Ms Helen Smith

NYM/2014/0228/FL Approved 11/06/2014 installation of replacement timber windows and door to front together with installation of UPVC windows to rear at Scar View, High Barrass, Staithes for Mr & Mrs Theaker

NYM/2014/0229/FL Approved 06/06/2014 construction of calf shed following demolition of existing calf hutches together with creation of new farm access at Wilks Farm, Stonegate, Lealholm for Mr J Hutchinson

NYM/2014/0230/FL Approved 06/06/2014 construction of an agricultural storage building at Wilks Farm, Stonegate Lealholm for Mr J Hutchinson

NYM/2014/0234/FL Approved replacement flat roof with pitched roof to garage at 1 Hall Farm Road, Low Hawsker for Mr Allan Readman

NYM/2014/0235/FL Approved 10/06/2014 construction of single storey side extension at 95 Ainthorpe Lane, Ainthorpe for Mr & Mrs M Farrow

NYM/2014/0237/FL Approved 09/06/2014 variation of conditions 2 (material amendment) 4, 5, 6, 7, 12 and 13 of planning approval NYM/2008/0118/FL to allow for the development to be carried out in accordance with the submitted details at St Astier, Archway Lane, Roxby Road, Thornton le Dale for Brookcove Ltd

NYM/2014/0241/FL Approved 23/06/2014 erection of agricultural livestock building at Twizziegill Farm, Easington, Saltburn for R Atkinson and Son

NYM/2014/0246/LB Refused 04/07/2014 Listed Building consent for blocking up of existing window opening at Bay Ness Farm, Robin Hoods Bay for Mr Mike Thomas

NYM/2014/0247/CLE Issued 04/07/2014 certificate of lawfulness for residential use of dwelling without compliance of agricultural occupancy condition in excess of ten years at Bay Ness Farm, Robin Hoods Bay, Whitby for Mr Mike Thomas

NYM/2014/0248/FL Approved 11/06/2014 construction of single storey rear extension following demolition of existing at Brook Farm House, Brook Lane, Thornton Dale for Mr A Foster

NYM/2014/0249/FL Approved 11/06/2014 alterations and extension to garage to form additional living accommodation together with installation of 2 no. rooflights to east elevation at 5 Hall Farm Cottages, Thornton le Dale for Mr & Mrs Cooper

NYM/2014/0250/FL Approved 11/06/2014 construction of garage and creation of new vehicular entrance at Brentwood, Newlands Road, Cloughton for Mr Brian Davidson

NYM/2014/0253/LB Granted 11/06/2014 Listed Building consent for construction of single storey rear extension following demolition of existing at Brook Farm House, Brook Lane, Thornton Dale for Mr A Foster

NYM/2014/0255/RM/FL Approved 27/06/2014 variation of condition 2 (material amendment) of planning approval NYM/2006/1012/FL to allow for solar panels to south elevation of plot 1, alterations to boundary treatment of plot 5 and retention of footway to Cannons Garth as constructed at 1-5 Canons Garth Lane, Helmsley for St Catherines Developments Ltd

NYM/2014/0257/FL Approved 06/06/2014 construction of pitched roof over existing garage together with extension to form annexe accommodation at High Saintoft Farm, Newton on Rawcliffe for Mr & Mrs Eddon

NYM/2014/0258/FL Approved 17/06/2014 construction of domestic store (part retrospective) at Wood's Cottage, for Mr Paul Sturdy

NYM/2014/0260/FL Approved 11/06/2014 replacement timber single door and window with double door and window at Bilsdale Midcable Chop Gate C of E School, Chop Gate for Mrs L Marsden

NYM/2014/0261/FL Approved 17/06/2014 construction of a porch (part retrospective) at Woods Cottage, Scawton for Mr Paul Sturdy

NYM/2014/0263/FL Approved 11/07/2014 re-roofing, replacement rain water goods, insertion of glass pantiles and rooflights together with replacement of east gable and new and replacement doors and windows to south barn and replacement stone lintels at Pottery, Coxwold for Ms Halima Chen

NYM/2014/0267/FL Approved 10/06/2014 construction of first floor and single storey side extensions at Hob Garth, Glaisdale for Mr & Mrs Andy and Alison Roberts

NYM/2014/0274/FL Approved 23/06/2014 construction of rear porch with balcony over together with replacement of timber cladding with natural stone to rear at Newlands Cottage, Newlands Road, Cloughton for Ms Vicky Stewart

NYM/2014/0276/OU Approved 20/06/2014 outline application for construction of 1 no. agricultural workers dwelling together with associated garage, access and garden at Fox and Rabbit Farm, Lockton, Pickering for DJ & FK Cockerill & Son

NYM/2014/0278/FL Approved 23/06/2014 re-construction of agricultural building to form domestic outbuilding at Scawling Farm, Oldstead for Mr & Mrs Richard Menage

NYM/2014/0281/FL Approved 02/07/2014 erection of aircraft hangar at Yorkshire Gliding Club, Sutton Bank for Yorkshire Gliding Club

NYM/2014/0282/LB Refused 02/07/2014 Listed Building consent for replacement timber windows at Colville Hall, Coxwold for Mr & Mrs J Taylor

NYM/2014/0286/FL Refused 24/06/2014 loft conversion to include rear dormer (revised scheme to NYM/2014/0025/FL) at 13 Long Row, Port Mulgrave, Saltburn-by-the-Sea for Mr P Christon

NYM/2014/0287/FL Approved 11/07/2014 creation of vehicular access and reduction in ground levels at front and rear together with creation of parking area at Low Mill Cottage, Low Mill, Farndale for Mr & Mrs Nelson

NYM/2014/0288/FL Approved 11/07/2014 construction of replacement timber potting shed with timber hut at Shandy Hall, Bank, Coxwold for Mr Patrick Wildgust

NYM/2014/0289/FL Approved 25/06/2014 construction of single storey sunroom to side at Boon Hill, Boon Hill Road, Fadmoor for Mr Peter Johnson

NYM/2014/0290/FL Approved 07/07/2014 construction of building to create 4 no. letting rooms at The Horseshoe Inn, Levisham for Messrs C & T Wood

NYM/2014/0293/FL Approved 03/07/2014 construction of domestic building to include ridgeblade turbine to house biomass boiler/store and garage at High Boulby, Easington for Mr Leonard Tabner

NYM/2014/0294/LB Granted 03/07/2014 Listed Building consent for construction of domestic building to include ridgeblade turbine to house biomass boiler/store and garage at High Boulby, Easington for Mr Leonard Tabner

NYM/2014/0299/NM Approved 06/06/2014 non material amendment to planning approval NYM/2012/0444/FL to allow for a render finish at 18 Claver Close, Swainby for Mr Mark Gaskin

NYM/2014/0300/FL Approved 09/07/2014 construction of 1 no. dwelling at land at Westgate, Thornton Le Dale for A & D Sturdy Limited

NYM/2014/0302/LB Granted 01/07/2014 Listed Building consent for conversion of barn to form 1 no. dwelling together with alterations and repairs to farmhouse at Hallgarth Farm, Westgate, Thornton Le Dale for A & D Sturdy

NYM/2014/0309/FL Approved 08/07/2014 installation of replacement window at 6 Castlegate, Helmsley for Treasures from the Sea, Sweet Corner Cafe

NYM/2014/0312/FL Approved 08/07/2014 construction of a single storey rear extension at The Old School House, Over Silton for Mr A Dennis

NYM/2014/0313/FL Approved 04/07/2014 partial demolition and repairs of outhouses, repositioning of oil tank, erection of timber wood store together with replacement timbers to front porch , replacement utility room door, pinfold door and rear access gate at Rose Cottage, 2 Egton Road, Aislaby for Mr Patrick Brady

NYM/2014/0314/LB Granted 04/07/2014 Listed Building consent for partial demolition and repairs of outhouses, re-positioning of oil tank, erection of timber wood store together with replacement timber to front porch, replacement utility room door, pinfold door and rear access gate at Rose Cottage, 2 Egton Road, Aislaby for Mr Patrick Brady

NYM/2014/0315/FL Approved 09/07/2014 extension and alterations to dwelling together with construction of garage at 5 Carlton Road, Helmsley for Mr & Mrs Heath

NYM/2014/0319/FL Approved 08/07/2014 erection of a timber stable block at Staindale Farm, Chopgate for Mrs Tracey Leonard-Cook

NYM/2014/0325/FL Approved 09/07/2014 construction of single storey rear extension together with construction of agricultural storage building at Plane Tree Farm, Carlton in Cleveland for Mr J Knight

NYM/2014/0326/LB Granted 09/07/2014 Listed Building consent for construction of a single storey rear extension at Plane Tree Farm, Carlton in Cleveland for Mr J Knight

NYM/2014/0341/FL Approved 19/06/2014 construction of an extension to existing straw shed at Home Farm, Dunsley for MB & LM Hodgson

NYM/2014/0373/NM Approved 27/06/2014 non material amendment to planning approval NYM/2013/0682/FL to allow for insertion of 3 no. rooflights to west elevation of shed at Low Moor House, Ugthorpe for Mr Peter Wilson

NYM/2014/0382/NM Approved 03/07/2014 non material amendment to planning approval NYM/2013/0305/FL to allow for a change to approved conservation rooflights and window design at Fir Tree Barn, Lonsdale, Kildale for Mrs Jane Pernet

Notifications

NYM/2014/0252/AGRP Approved 05/06/2014 erection of an agricultural storage building at Manor Farm, Kirby Knowle for J W & G P Fyrness

NYM/2014/0262/AGRP Approved 12/06/2014 erection of general purpose agricultural building at Cote Ghyll House, Osmotherley for Mr Jonathan Hill

NYM/2014/0272/AGRP Approved 17/06/2014 creation of a new twin-trod access track at land near Garfits, Chopgate for Urra Estate

NYM/2014/0273/AGRP Approved 17/06/2014 creation of a new twin-trod access track at land adjacent to Calf Garth Farm, Chopgate for Urra Estate

NYM/2014/0279/AGRP Approved 02/07/2014 erection of milking parlour building at Shortwaite Farm, Shortwaite, Lealholm for Mulgrave Estate

NYM/2014/0284/AGRP Approved 20/06/2014 erection of agricultural storage building at Hunters Hill Farm, Nether Silton for Mr & Mrs Steven Medley

NYM/2014/0331/AGRP Approved 02/07/2014 erection of grain store building at Butterpark Farm, Egton Bridge for Mr Stephen Welford

NYM/2014/0336/AGRP Approved 30/06/2014 construction of agricultural storage building at Scawton Park Farm, Scawton for Mrs Angela Eadington

Applications Determined by the Director of Planning on Expiry of Advertisement, Receipt of Further Amended Plans and Observations

NYM/2012/0787/FL Conversion of building to form annexe accommodation to Lobster Cottage (retrospective) at Lobster Cottage Annex, Beckstones Yard, Chapel Yard, Staithes for Mr David Ward

The above planning application was approved by the Planning Committee on 21 March 2013, subject to DOP to clear receipt of amended flue details.

The flue has been reduced in width but increased in height and the cowl has been removed. Any further concerns from the neighbour will be addressed by EHO.

Please note the applicant’s request to call the building ‘Lobster Cottage Annex’ rather than ‘The Shed’.

NYM/2013/0649/FL Change of use of land and construction of 20 no. dwellings (15 no. open market and 5 no. affordable) with associated garages, parking, access and landscaping works at land to the north of Linkfoot Lane, Helmsley for Wharfedale Homes fao: Mr Chris Patmore

The following revised conditions are proposed following submission of additional information by the applicant. Please note the removal of Condition 28 (HWAY12B) and subsequent renumbering of conditions.

6. MATS00 All new stonework shall match that of the approved stone pane constructed on site and inspected by the Local Planning Authority on 7th May 2014, in terms of the stone used and the coursing, jointing and mortar mix and finish exhibited in the panel unless otherwise agreed in writing by the Local Planning Authority. (RSN MATS01) 19. LNDS10 The development shall only be carried out in accordance with hardsurfacing details contained in drawing no. 13T758-102 Rev T3. The hard landscaping shall be completed prior to the first occupation of the development hereby approved and shall be maintained in perpetuity unless otherwise agreed in writing by the Local Planning Authority. 23. HWAY01 The development shall only be carried out in full compliance with the details contained in approved drawing nos.13T758-100 Rev T4, 13T758-101 Rev T2, and 13T758-103 Rev T1 in relation to highway construction and shall be

completed prior to the first occupation of the development, unless otherwise agreed in writing by the Local Planning Authority. 27. HWAY12A The construction of the access road and or building(s) or other works, and re-location of westbound bus-stop on A170 outside the application site frontage, shall be completed in accordance with the details shown on drawing no. 13T758-106 Rev P5, received on 15 May 2014, prior to the first occupation of the development hereby approved, unless otherwise approved in writing by the Local Planning Authority. 29. HWAY18A There shall be no access or egress by any vehicles between the highway and the application site until the precautions to be taken to prevent the deposit of mud, grit and dirt on public highways by vehicles travelling to and from the site have been implemented, as set out in the document received on 15 May 2014 titled “Prevention of Mud, Grit and Dirt on the Public Highway” .These precautions shall be made available before any excavation or depositing of material in connection with the construction commences on the site and be kept available and in full working order and used until such time as the Local Planning Authority in consultation with the Highway Authority agrees in writing to their withdrawal. 30. HWAY24 On-site parking capable of accommodating all staff and sub-contractors vehicles clear of the public highway; and on-site materials storage area capable of accommodating all materials required for the operation of the site shall be provided in accordance with the details shown on submitted drawing no. 2203-C-90-105, received on 15 May 2014. The approved areas shall be kept available for their intended use at all times that construction works are in operation. No vehicles associated with on-site construction works shall be parked on the public highway or outside the application site.

Applications Adjacent to the National Park (3024)

R/2014/0319/FF Siting of Single Wind Turbine (24.8m Height to Hub and Height to Tip 34.5) on land South of Red Hall Farm, Guisborough Road, Moorsholm

The National Park Authority strongly objects to the proposed wind turbine which will be located approximately 400m from the National Park boundary. The landscape character in the immediate vicinity is mostly agricultural in character. However, the land quickly rises to the south into the National Park and as such the proposed turbine will be visible from a number of locations within the National Park.

The turbine will introduce a feature with a strong vertical emphasis which will be significantly detrimental to the character of the area and the setting of the National Park. The Theoretical Zone of Visibility Plans show that the turbine will be visible from a significant area of the northern fringe of the National Park and indeed the blade tips will be visible from deep into the National Park. The most significant locations are considered to be travelling along the A171 and in locations where the turbine will effectively be seen only in the context of the National Park landscape. The separation of the turbine from the host buildings on the site only serves to exacerbate this issue further, as the turbine is always seen in the context of open countryside.

This area of open countryside effectively forms the transition between the moorland of the National Park and farmland beyond and as such is the character of the area is extremely sensitive to this type of development. The character of the National Park has already been eroded by the development of wind turbines along the northern fringe, most notably the recently completed turbine to the south of Easington.

The cumulative impact of wind turbine development in un-sympathetic locations cannot be underestimated. The proliferation of turbines of this scale, set in open countryside locations in close proximity to the National Park is already having a significant, detrimental impact on the setting of the National Park. The proposed development, by virtue of its close relationship to the moors to the south of the site, will have a significantly greater, detrimental impact on the setting of the National Park, than those turbines approved to date.

A much smaller turbine, more closely located with the farm buildings would have significantly less impact on the setting of the National Park.

R/2014/0097/FF Siting of storage container at Guisborough Branch Walkway, land Below Road Bridge adjacent to Old Station Cottages, Pinchinthorpe

The proposed development site is adjacent to the boundary of the North York Moors National Park however it will not be visible from the National Park. As such the proposed development is not considered to have a detrimental impact on the setting of the National Park and the Authority raises no objection to the proposal but suggests the following condition is imposed should it be recommended for approval:

If the use of the storage container hereby approved permanently ceases it shall be removed from the site within 3 months of that cessation and the land shall, as far as practical, be restored to its condition before development took place.

14/00311/FUL Erection of 1 no. 29.33m high (overall tip height 39.63m) 75Kw wind turbine to generate electricity fore on farm use with surplus to the national grid together with formation of temporary access track at land at Lime Road, Little Edstone, Kirbymoorside

Having regards to the local topography and the area, the proposal would be unlikely to have any adverse impact on the setting of the National Park or any important views from within it and consequently this Authority has no objections.

Background Documents to this report File Ref: 1. Signed reports- dates as given 3022/1 2. Signed letter - dates as given 3024/1

Location North York Moors National Park Authority

North York Moors National Park Authority Planning Committee

24 July 2014

Enforcement Action Progress Report

The following table provides an overview of the current enforcement caseload.

Year 1989 - 2009 2010 2011 2012 2013 2014 Number of complaints 3805 226 229 245 219 116 Number of cases resolved 3744 (98) 195 (87%) 185 (81%) 197 (80%) 149 (65%) 31 (27%) Number of cases resolved in 2 0 1 1 5 17 last quarter Currently unresolved 61 (2%) 29 (13%) 44 (19%) 47 (20%) 75 (35%) 85 (73%) enforcement cases

Location/Description File No. Committee Date Compliance Date Current Action A recent site visit has revealed that the 1. Ayton House, Hawsker – ENQ ENF 8709 Delegated condition of the land has become Untidy condition of land worse and as a result the Director of Planning issued and served a Section 215 Notice with a compliance period ending in November 2014.

Prosecution was successful with a joint 2. Long Lease Farm, 96/421 11/12/96 25 March 1996 fine of £6500 and all costs recovered. Hawsker – Unauthorised No pertinent action has been taken by works to a Grade II Listed the land owners to resolve the situation Building therefore officers are considering the next step.

Works to comply with the notice have 3. Whin Covert, East Ayton – 179/2003 Delegated 29 March 2009 commenced and some materials have Unauthorised storage of 282/2007 28 February 2009 been removed from site. A site waste and the 267/2008 inspection has taken place and the construction of a matter is to be passed to the residential chalet. Authorities’ Legal team to pursue.

Enforcement Action Progress Report September 13 Location/Description File No. Committee Date Compliance Date Current Action Direct action costs being pursued 4. Aindale, New Road, Robin 128/2003 Delegated 1 December 2010 through legal services. The Owner has Hoods Bay – Urgent provided payment toward the debt. works to Grade II Listed However, the outstanding amount is to Building and untidy site be repaid on the sale of the property and by the end of April 2014. Officers are now considering further court action to recover the outstanding debt. Prosecution was successful £500 fine, 5. 56 North End, 141/2006 Delegated 1 May 2013 £50 victim surcharge and £400 costs. Osmotherley – The owner has not been in contact with Unauthorised works to a the Authority since early December grade II Listed Building and the Steps of the Notice remain outstanding. The Authority has instituted injunction proceedings. Prosecution proceedings have 6. Manor Farm, Normanby – 190/2009 Delegated 29 December 2010 commenced and the matter was heard Unauthorised campsite by Scarborough Magistrates Court on 16 June 2014. The land owner was fined £2000 and order to pay £200 victim surcharge. The site is still being monitored for compliance. The unauthorised pond appeal was 7. Mickbelong Farm, Urra – 0259/2009 Delegated 21 October 2013 dismissed, site inspection planned to Unauthorised construction check compliance with the revised of a Pond notice requirements.

Breaches found, owner not remedied, 8. Sea View Scrap Yard, 0248/2005 Delegated 05 July 2009 prosecution arrangements being High Normanby, Whitby considered.

Enforcement Action Progress Report September 13 Appendix D

North York Moors National Park Authority Planning Committee

24 July 2014

List of Hedgerow Removal Notices determined by the National Park Officer for the period 17 April to 18 June 2014

File Ref Name of Applicant Location of Hedgerows 2076/3/1/14 Mrs Daphne Jackson Egton Show field 20 Beech Grove NZ 81110 06743 Whitby North Yorkshire YO21 1HT

Background

The Hedgerow Removal Notice was for the removal of a 40 metre length of hedgerow. The reason given for removal was to make the show field run as one piece of land.

Decision

A site survey and consultations showed the hedgerow did not meet any of the criteria for an ‘important’ hedge under the 1997 Hedgerow Regulations. Consent for removal was therefore issued.

Date of decision: 13 May 2014

N O R T H Y O R K M O O R S N A T I O N A L P A R K A U T H O R I T Y © Crown copyright and database rights 2014 HEDGEROW REMOVAL NOTICE (under the Hedgerow Regulations 1997) You are not permitted to copy, sub-license, distribute or sell any of this data to third CONSENT FOR REMOVAL parties in any form. Location: Egton Show Field File Ref: 2076/3/1/14 North York Moors National Park Authority Ordnance Survey 100021930 Length of hedgerow which can be removed

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