BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 29 January 2008

PLAN: 07 CASE NUMBER: 07/05962/OUT GRID REF: EAST 441718 NORTH 451772 APPLICATION NO. 6.136.163.E.OUT DATE MADE VALID: 03.12.2007 TARGET DATE: 28.01.2008 CASE OFFICER: Mr M Williams WARD: Ribston

VIEW PLANS AT: http://tinyurl.com/39adrl

APPLICANT: Mr K Kunz

AGENT: David Hill

PROPOSAL: Outline application for the erection of 1 detached agricultural workers dwelling with layout and access considered (Site Area 0.09ha).

LOCATION: Land At Grid Reference 441718 451772 Lane Kirk Deighton North

REPORT

SITE AND PROPOSAL Hall Garth Farm is a relatively new enterprise which has been established on fields to the north of Ingmanthorpe. Access is gained via a track which leads off the access to Ingmanthorpe House. To date there are two large agricultural buildings on site, with planning permission for a third. The two buildings are located in the corner of a field with tree belts to the north and west. The buildings are set in a flat, open landscape dominated by the new A1(M) which passes close to the west of the site.

It is proposed to erect a farm workers dwelling on site. The application is in outline, with layout and access for consideration at this stage.

MAIN ISSUES 1. Policy 2. Agricultural Need 3. Landscape Impact 4. Public Open Space

RELEVANT SITE HISTORY 6.136.163.FUL - Erection of 1 No. detached general purpose agricultural building and the formation of new vehicular access. Granted 26.11.2003.

6.136.163.A.FUL - Siting of 1 No. static caravan to be used as agricultural workers dwelling. Refused 10.05.2004.

6.136.163.B.FUL - Erection of general purpose agricultural building. Granted 25.04.2005.

6.136.163.C.FUL - Siting of static caravan to be used as an agricultural workers dwelling. Withdrawn 18.07.2005

6.136.163.D.FUL - Erection of detached agricultural building. Granted 27.09.2005.

CONSULTATIONS/NOTIFICATIONS

Parish Council KIRK DEIGHTON

NYCC Highway Authority Recommend standard condition HW07 (Private Access/Verge Crossing).

Environment Agency No comments

Environmental Health (Springfield) Not yet received.

Yorkshire Water No comments.

RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Development PPS07 Planning Policy Statement 7, Sustainable Development in Rural Areas LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPA01 Harrogate District Local Plan (2001, as altered 2004) Policy A1, Impact on the Environment and Amenity

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 18.01.2008 PRESS NOTICE EXPIRY: 11.01.2008

KIRK DEIGHTON PARISH COUNCIL- Does not object, but wishes to make the following comments:

1. Full details of the proposed dwelling must be submitted 2. All detailed requirements, such as materials employed, must be met.

OTHER REPRESENTATION - One letter of objection received from occupant of Ingmanthorpe House. Grounds of objection:-

- Large numbers of commercial vehicles on track - Mud on road - Abuse of temporary living accommodation.

VOLUNTARY NEIGHBOUR NOTIFICATION - None.

ASSESSMENT OF MAIN ISSUES 1. POLICY - Government guidance in Planning Policy Statement (PPS)7 states that isolated houses in the open countryside require special justification. The need to house an agricultural worker is one of the few such cases, and Annex A of PPS7 sets out the criteria which have to be met to justify a new farm worker's dwelling. This case has been set out in the agricultural appraisal which accompanied the application, a summary of which is attached at Appendix 1. The full appraisal can be viewed on the Council's website and a paper copy will be available for inspection by Members in the Members' Room at Crescent Gardens from 21 January 2008.

2. AGRICULTURAL NEED - This application for an agricultural worker's dwelling is supported by an agricultural appraisal on Hall Garth Farm and by further information on the whole agricultural unit, both prepared by David Hill Property Consultants, the basis of which is outlined below:-

The principal holding is at Grange Farm, Arthington where the applicant lives and where the suckler cows are calved and the breeding sheep lamb because the livestock can be properly managed at a time requiring special care and supervision. The progeny are moved to Hall Garth Farm to over-winter.

In 2003, the applicant purchased 240 acres of arable land at Hall Garth Farm, Wetherby, which formerly formed part of Ingmanthorpe Hall Farm. Since that time he has erected two large modern agricultural buildings, one a grain store and the other for the accommodation of cattle. He is in the process of building a third livestock building on the holding.

At Hall Garth Farm approximately 75 acres of the arable land are sown to winter oats to feed to the cattle and wheat straw is retained for cattle bedding.

In September each year approximately 160 suckler store cattle from the suckler from the suckler herd are brought from the main farm and housed in the livestock building (soon to be two buildings) at Hall Garth Farm. The cattle are only kept at Hall Garth Farm in the buildings over the winter months and then returned to grass on the principal holding or elsewhere for the summer months.

In November, 1000 store lambs are brought from the principal holding to Hall Garth Farm to graze over approximately 70 acres of stubble and turnips and will remain there for 2 or 3 months.

To summarise, during the winter months at Hall Garth Farm 160 store cattle, all over 6 months old are housed within the buildings and a 1000 store lambs are grazed over stubble and turnips for 2 or 3 months. No lambing or calving takes place at Hall Garth Farm. The livestock are removed to the principal holding or elsewhere for the summer months.

There is no dwelling on the holding and it is claimed that property prices are out of reach of those whose income is dependent on farming. It is stated that Hall Garth Farm generates a labour requirement of 1.83 labour units and that a worker is required on site to observe and inspect the stock at regular intervals to ensure that they receive proper care and attention and to ensure animal welfare standards are met.

From the information submitted it would appear that four years ago the applicant purchased 240 acres of accommodation land, which is approximately 8 miles away from his principal holding and on which he has erected two large farm buildings and is in the course of erecting a third. A number of store cattle and sheep are moved to Hall Garth Farm for the winter months. These are currently supervised by the applicant travelling from his principal holding approximately 8 miles away. Given the age of the store cattle and store lambs, their accommodation and system of management, they could be adequately supervised twice a day, and sometimes only once a day if there were other more pressing tasks on the agricultural unit.

The livestock are only at Hall Garth Farm during the winter months and could be supervised from another dwelling in the locality. During the summer months there is no need for a key worker to live on site.

At Grange Farm, the applicant's partner runs an equine livery business accommodating approximately 40 horses. It would seem likely that the former livestock accommodation at Arthington is now used for an equestrian enterprise. There is too a possibility that buildings have been erected at Hall Garth Farm and some livestock centred there over the winter months in order to support an application for a new house when the livestock activity over recent winter months could have been centred either at the principal steading or on other land, all of which is pasture where the main livestock activity would normally be expected to be centred. If an agricultural worker's dwelling were approved at Hall Garth Farm, there is no certainty that the livestock in the winter months would continue to be located there.

The applicant has not established a special justification and because livestock are only retained at Hall Garth Farm over the winter months, a case for a key worker to live permanently on site has not been sufficiently made.

No financial information has been submitted in support of this application but given that Hall Garth Farm is primarily satellite accommodation land to a principal steading 8 miles away, it would be unreasonable to require details of the financial operations at Hall Garth Farm, and what figures might be given would only confuse rather than clarify the issues.

3. LANDSCAPE IMPACT - The proposed dwelling would be sited close to the two large agricultural buildings, which are already offered some screening by the tree belts to the north and west. Subject to further planting, it is considered that the proposed dwelling would not harm the character or appearance of the landscape.

4. PUBLIC OPEN SPACE - As the application is in outline, the contribution for off- site Public Open Space would be dealt with by means of a condition.

CONCLUSION

It is considered that there is no justification for an agricultural workers dwelling in this location contrary to PPS7.

CASE OFFICER: Mr M Williams

RECOMMENDATION

That the application be REFUSED. Reason(s) for refusal:-

1 There is no functional need for an agricultural workers dwelling on this holding. In the absence of any such justification the proposed dwelling in the open countryside would be contrary to Government advice in PPS7.