Red Lion Farm, Beamsley

Yorkshire Dales National Park Authority

Application Code: C/07/38E Committee Date: 12/11/2019 Location: Red Lion Farm, Beamsley

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FOR REFERENCE PURPOSES ONLY. NO FURTHER COPIES TO BE MADE

© Crown copyright and database rights 2017 Ordnance Survey 100023740. Additional information: © Yorkshire Dales National Park Authority YORKSHIRE DALES NATIONAL PARK AUTHORITY Planning Committee 12 November 2019 Schedule No:1

Application No: C/07/38E

District: Craven

Parish: Beamsley

Applicant's Name: Chatsworth Settlement Trustees

Grid Ref: SE07335288

Received by YDNP: 06/06/2019 Officer: Katherine Wood

PROPOSAL: full planning permission for change of use of the dwelling, barn and agricultural buildings to form offices, storage buildings and workshops

LOCATION: Red Lion Farm, Beamsley

CONSULTEES Beamsley PM None received. Highways North No objection. Yorkshire CEHO Craven There are no known contaminated land implications regarding the proposed development

As the development falls into flood zone 3, I recommend the applicant incorporates flood resilience measures into the construction. Fire & Rescue Service None received. Harrogate Police Station In relation to designing out crime, it is noted that security lighting is proposed. Taking into consideration that a crime analysis reveals that there has been a number of burglaries in the area, I support the inclusion of security lighting across the site. With regards to the fitting of roller shutters, it is recommended that they comply with LPS1175 Issue 8 Security Rating 3, or to the same standard of a similar rating scheme. Area Ranger Proposed development does not affect the PROW (Wharfedale & Littondale) Wildlife Conservation No objection. Officer PUBLIC RESPONSES

25 letters of objection have been received comments on the following (in summary):

C/07/38E 12 Nov 2019 Schedule No:1 - the loss of the shop which provides a service and supports other local businesses - the loss of the tenant's business and livelihood - the loss of a family who have tenanted the farm since the 1700s - loss of family accommodation - loss of a farm - the disruption from traffic - the impact on the character of the buildings and lack of maintenance.

A petition to oppose the planning application, with 2142 signatures, has also been submitted. RELEVANT PLANNING POLICIES L1(15) - Heritage assets L2(15) - Conversion of traditional building - acceptable uses L3(15) - Conversion of traditional buildings - building treatment W2(15) - Biodiversity enhancement BE2(15) - Rural land-based enterprise BE3(15) - Re-use of modern buildings CC2(15) - Flood risk SP1(15) - Presumption in favour of Sustainable Development SP2(15) - National Park Purposes SP4(15) - Development Quality OFFICER OBSERVATIONS REASON FOR COMMITTEE CONSIDERATION This application is reported to Committee as in the opinion of the Head of Development Management it is in the best interests of the National Park Authority that the application is considered by the Committee.

APPLICATION SITE The application relates to Red Lion Farm, an existing farm complex comprising a traditional farmhouse and barn range, together with three modern agricultural buildings positioned around the working farmyard. Red Lion Farm is accessed off the Old Harrogate Road, a no through road, formerly the main route to Harrogate and now bypassed by the modern A59 Harrogate Road.

PROPOSAL This application seek planning permission for the change of use of the dwelling, barn and agricultural buildings to form offices, storage buildings and workshops to serve the Bolton Abbey Estate, which is managed by the Chatsworth Settlement Trustees (CST). The proposal is to relocate existing estate workers and associated storage and workshops to the site to form a single site to provide for better operational management of the Estate. This also includes the recently displaced use of the Tithe Barn, formerly a large store and timber yard. This was originally displaced in 2017 to Catgill Farm near to Bolton Abbey, however, it is understood that the site is no longer suitable as the site is limited in size, access is limited and the site adjoins the growing camping business there.

RELEVANT PLANNING HISTORY C/07/38B - full planning permission for erection of two agricultural buildings and demolition

C/07/38E 12 Nov 2019 Schedule No:1 of one agricultural building approved on the 21st September 2004. C/07/38C - full planning permission for change of use of barn to form retail unit approved on the 29th April 2005.

KEY ISSUES: - principle of development - impact on character and appearance of area - impact on neighbours - highway considerations - flood risk - other issues - parish council comments

PRINCIPLE OF DEVELOPMENT Policy BE2 (Rural land-based enterprises) supports development that is necessary to serve the needs of the enterprise in that location and the owner has not been instrumental in disposing of a building within the last three years that could otherwise have met the need proposed. The aim of policy BE2 is to support new development that will help grow, diversify or improve the viability of farming or other essential rural land management work in the National Park. At present the Estate facilities are spread across several sites and farms. The proposed redevelopment of Red Lion Farm represents the rationalisation of existing Estate offices, stores and workshops in a single highly accessible site.

The proposal seeks the change of use of a traditional farmhouse and a range of barns so has been considered against both policies L1, L2 and L3 of the Local Plan.

Policy L1 considers development affecting heritage assets. Traditional buildings may be designated as Listed Buildings or are considered to be ‘heritage assets’ despite not being designated. Proposals affecting undesignated heritage assets that are demonstrably of equivalent significance to designated heritage assets will be treated as though they were designated for the purposes of the policy.

Policy L2 is a strategic spatial planning policy. It allows traditional buildings to be changed to residential and employment uses in certain locations (in existing settlements, building groups, or suitable roadside locations). Intensive uses will not be appropriate in buildings that are isolated in the landscape and a change of use only allowed in isolated buildings where there would be no material alteration to the exterior of the building or its surroundings.

Policy L3 considers the details of the conversion works. Proposals will not be allowed where they undermine the architectural and historic character of the traditional building and its landscape setting. The building must have the physical capacity to accommodate the new use without significant extension or alteration or requiring new ancillary buildings. Alterations to the building and the creation of any new curtilage and highway access should be the minimum necessary and should be sensitive to the traditional character and appearance of buildings and not adversely affect the immediate or wider landscape setting of the building or any parts of the building with recognised significance.

As the traditional buildings in question were constructed prior to the early-to mid 20th century and have historical and architectural merit, they are considered to be traditional buildings for the purposes of policies L1 and L2.

C/07/38E 12 Nov 2019 Schedule No:1 A Heritage Statement has been submitted which concludes the significance of the barn complex lies in its origins as an Inn on the road leading to Bolton Bridge. In its original configuration it consisted of the Inn itself along with a livery barn and coach house. The farmhouse is of a later date c1920, yet is a traditional stone building which contributes to the character of the area. The buildings are not of equivalent significance to a listed building but are nevertheless considered to be undesignated heritage assets. The buildings and their curtilage physically adjoin a sealed metalled road that is unclassified but maintainable by the Highway Authority and are within the building group at Red Lion Farm. The proposal therefore satisfies the locational requirements of Policy L2.

The proposal also includes the conversion of the three modern agricultural buildings to form stores and workshops and as such has been considered against policy BE3 of the Local Plan. Proposals for the change of use of modern buildings to new business and employment uses will be permitted if criteria a) to e) are met. These are considered below; a)the building is no longer needed for its current use and will not displace the use elsewhere or conflict with an adjoining use;

The purpose of this criterion is to ensure that buildings permitted for an agricultural use are only reused for alternative uses if they are now surplus to requirements and their reuse would not lead to a need for new agricultural buildings in the open countryside in replacement. This policy only relates to the three modern buildings and it is clear from statements provided by the tenant that the buildings are all in use, albeit at a relatively low level, for the storage of feed and machinery and housing cattle (22). As such, the proposal does not accord with policy BE3a) as the buildings are not redundant. However, it is important to bear in mind that the purpose of this policy is to direct new employment uses into existing buildings but only where this will not result in pressure for further buildings in open countryside.

It is understood that there are ongoing discussions with the current tenant at Red Lion Farm regarding the tenancy agreement on the property. Ordinarily the issues over a tenancy agreement are a private matter which would not have a bearing on the consideration of the planning application. This is because, if there is a secure tenancy on a property, the fact that planning permission may be granted for the reuse of the buildings, would not change the status of the tenancy agreement. However, the tenancy does have some bearing on the consideration of this case. The tenancy on Red Lion Farm is known as an Agricultural Holdings Act (AHA) tenancy which is an older form of agricultural tenancy. Under such a tenancy, it is understood a landlord can terminate a tenancy on land where planning permission has been granted for an alternative use (i.e, the planning application site). In such a scenario, this would mean that, if planning permission is granted the remaining land tenanted by the current tenant at Red Lion Farm would remain under their tenancy (44 acres of land) but would potentially no longer be served by any agricultural buildings. This point has been put to the applicants as landowners of the remaining 44 acres and they have confirmed that the buildings are the legacy of a much greater holding and the landlord (CST) would not grant consent to erect any further buildings on the land.

It is concluded that whilst the buildings are currently in use, it is unlikely that the proposed development would lead to the requirement for new buildings given the size of the remaining holding and the ownership of the land by the Estate. As such, the proposal is unlikely to conflict with the aims of policy BE3. However, it is accepted that this would have an impact on the ability of the tenant to farm the land and this issue is considered further C/07/38E 12 Nov 2019 Schedule No:1 below. b) – d) seek to ensure that retaining the buildings will not perpetuate significant visual harm; any storage is contained and parking, storage, lighting and services are acceptable.

Red Lion Farm is positioned near to the River Wharfe and Bolton Abbey and as such sits in a landscape of high landscape and heritage significance. The proposal seeks to reuse the three modern agricultural buildings which are all in good condition and centred around a farmyard. They are well contained and positioned adjacent to the highway. There will only be minor alterations to their external appearance through the addition of roller shutter doors. There will be no outside storage other than for parking of staff vehicles within the existing farm yard. The buildings are already served by overhead lines. It is proposed to retain the existing external lighting at the farm and to make this timeclock controlled with supplementary movement censors. However, the lighting is limited at the farm and appears to be high wall mounted floodlighting which should not be perpetuated in a relatively dark environment. As such, it is proposed that a condition be added to ensure that details of all external lighting are agreed.

The farm is prominent from a public footpath adjacent to the River Wharfe which passes the site and from the Dales Way further to the west. The appearance of the farm will not significantly change when viewed from these footpaths, although there will be some enhancement through the construction of a drystone wall along the northern boundary of the complex. The applicants are also agreeable to additional tree planting in the field to the north of the farm complex and to the west which will help to further visually contain the site. e) requires that the proposal accords with policy SP4.

Policy SP4 refers to development quality and requires that all development proposals conform with 21 criteria. Those of most relevance to this proposal are considered below.

A further policy consideration is whether the proposed development would result in the loss of a community facility under policy C9 of the Local Plan. There is a farm shop within the barn which sells meat and dairy produce, plants and second hand furniture and serves tea and coffee. The shop opens three days a week. It is considered that the shop is to a degree of a community facility although the limited range and opening hours suggest that its contribution to the local community is limited.

IMPACT ON NEIGHBOURS Red Lion Farm is relatively close to three houses; Rose Cottage, Ivy Cottage and Bridge End, which are within 40-50 metres of the farm buildings. The proposal includes the use of the traditional barn and one of the modern barns as workshops which could generate some noise through the operation of machinery and power tools. However, it is understood that it is unlikely machinery will be operated from the buildings and any operations will be contained within the buildings. It is considered appropriate, however, that if planning permission is granted a condition is added to limit the use of electrical machinery and power tools so that they are only used within the buildings, with doors closed, and within the day time only, avoiding weekends and Bank Holidays.

The proposal will generate a degree of vehicle movements by staff and potentially deliveries. However, it is considered that the minor increase in the use of the Old Harrogate Road to access the site would not have a significant impact on the amenity of C/07/38E 12 Nov 2019 Schedule No:1 nearby residents.

It is therefore considered that the proposed development would be acceptable in accordance with policy SP4 (n) of the Local Plan.

HIGHWAY CONSIDERATIONS Red Lion Farm is accessed off the Old Harrogate Road, an adopted no through road which serves the farm and two other residential properties. Visibility from the farm access onto the Old Harrogate Road is acceptable, although the site is the last property served by the road. Access on to the B6160 from Old Harrogate Road is also acceptable. The road passes over the Grade II listed Bolton Bridge which is relatively narrow but suitable to serve the number and types of vehicles accessing the site. North Yorkshire County Council as the Local Highway Authority has no objections to the proposed development. It is therefore considered that the proposed development would be acceptable in accordance with policy SP4 (g) and (k) of the Local Plan.

HISTORIC ENVIRONMENT The treatment of the buildings and their setting would be considered under policy L3 of the Local Plan. It is understood from the plans and supporting documentation that no external alterations are proposed and no internal changes to the layout of the buildings. The Heritage Statement confirms that there will be no alterations to the historic fabric of the traditional buildings. The proposal would there follow the principles of minimal intervention as required by policy L3 of the Local Plan.

FLOOD RISK The site lies fully within Flood Zone 2 and partly within Flood Zone 3. As such the planning application has been accompanied by a flood risk assessment (FRA) which confirms that the site has not flooded for some 35 years and no changes in ground levels are needed. The FRA is accompanied by a letter from the Environment Agency confirming that as the proposal seeks to change the use from a dwelling and agricultural buildings to offices and storage, the proposal will decrease the vulnerability of the site to flooding. The Environment Agency has also commented that it may be difficult to raise internal floor levels and so other resilience/resistance measures could be considered. The FRA states that there are no changes needed to the existing surface water management arrangements. Preventative flood mitigation can be built into the new roller shutter doors and any new electrical installations that might be needed. As this is a change of use application, and no alterations to levels are proposed, there will be no added risk of flooding elsewhere.

On the basis of the FRA and supporting letter from the Environment Agency it is considered that the existing floor levels and surface water management, together with the flood resilience measures to be fitted in the design of the buildings, are sufficient and the proposal would accord with Policy CC2 of the Local Plan.

ECOLOGY Policy W2 of the Local Plan, requires new development that would have an impact on biodiversity to make a proportionate on-site contribution to wildlife enhancement, in accordance with Table 7 on page 109 of the Local Plan. In this case, the enhancement measure should be in the form of native tree planting, bird nesting and/or bat roosting boxes. These requirements can be secured by condition.

OTHER ISSUES C/07/38E 12 Nov 2019 Schedule No:1 The personal circumstances of the tenant are also a material consideration in this case; in particular the personal hardship to the tenant and the impact on their business. As mentioned above, if planning permission is granted, the landlord can serve on the tenant a Notice to Quit under the Agricultural Holdings Act. This would lead to the tenant retaining his tenancy on the 44 acres of land, with potentially no buildings to serve the land. The tenant has confirmed that the way they farm requires buildings to house their livestock (comprising 22 cattle), store machinery and feedstuff and has confirmed that all of the buildings including the three modern buildings and the barns are in use for the business, including the farm shop as a form of farm diversification. The planning application also relates to the tenant’s home. It is understood that the tenant wishes to remain at Red Lion Farm and has stated that they feel there would be a significant detrimental impact on them if planning permission is granted. It is accepted that a planning permission could provide the grounds for serving a Notice to Quit, which would terminate the tenancy and therefore result in the loss of part of the business and the tenant’s home. Balanced against this, it is understood that the AHA requires compensation to be payable to the tenant in accordance with the Act. In addition to this, the applicant has also confirmed that alternative residential accommodation has been offered, together with the use of a building for storage of a tractor and feedstuffs within 1 mile of Red Lion Farm. Whilst this would not enable the tenant to continue farming in the same manner as currently it would enable the farm to continue with comparable profitability (according to an agricultural appraisal prepared by the applicant). There would clearly be significant upheaval to the tenant and as such there would be some hardship as a result of this. It is important, however, to consider whether this impact is so exceptional as to warrant refusing planning permission for a development which would otherwise meet the overall objectives of the Development Plan.

It should be noted that the planning application has generated a significant level of objection including 25 letters of objection and a petition with over 2000 signatures. Many of the objections relate to the loss of the farm and the ongoing tenancy issues between the Estate and the tenant. It is understood that the tenant instigated the petition.

Any wider affects on the farming community and local community in general are also a consideration. In this regard it is considered appropriate to consider the comparative benefits of the site remaining in its current use against those of the proposed use. There are clearly benefits from the continuation of a small Dales farm. It is recognised that farming helps to shape and maintain the Dales landscape and that it forms one of the main business sectors of the National Park, providing approximately 10% of employment to National Park residents. Red Lion Farm has also been in use for agricultural purposes for several hundred years and the optimum use of traditional agricultural buildings will usually be the purpose for which they were originally constructed (although note that part of the building was the original Red Lion Inn). The small farm shop also provides a community benefit through the provision of a shop and through the additional income to the tenant.

However, it is considered that a large rural estate business such as the Bolton Abbey Estate has an equally important role to play in managing and maintaining the National Park landscape and providing local employment. There are also recognisable benefits for the Estate operation by rationalising their storage, workshops and offices on one site in an accessible location. At present the existing uses are spread out on various premises and farms across the Estate. The Tithe Barn, once a sizeable storage area for the Estate, has been converted to a new use, which was necessary to secure the long term repair of a significant historic building. It is therefore considered that both the existing and the proposed uses would be of comparable benefit to the local community.

C/07/38E 12 Nov 2019 Schedule No:1 PARISH COUNCIL COMMENTS None received.

ANALYSIS OF MATERIAL CONSIDERATIONS It is considered that the proposed change of use of the site and buildings to form offices, stores and workshops for the Estate would support the land management work of the Estate in accordance with policy BE2 of the Local Plan. The reuse of the traditional buildings for new employment purposes would be acceptable in principle in accordance with policy L2 of the Local Plan.

The purpose of policy BE3 is to steer employment uses into existing buildings but only where they would not result in pressure for new buildings in the countryside. In this case, given the level of stock it is unlikely there would be justification for the replacement of all of the buildings. Furthermore, the Estate as landlord of the remaining tenanted land has confirmed it would not grant permission for further buildings.

The proposal would retain the character and appearance of the traditional buildings and their setting and the quality of the landscape. The modern buildings are well contained in the yard and there will be some enhancement of the site through the erection of a drystone wall to the north and tree planting along the northern boundary. There would be no harm to residential amenity, highway safety or ecology.

It is therefore considered that the proposed development would accord with policies SP1, SP2, SP4, BE2, L1, L2, L3, CC2 and W2 of the Local Plan (2015-2030) and guidance contained within the NPPF. Whilst the proposal would not fully accord with policy BE3 it would not be conflict with the aims of the policy.

The remaining consideration is that the outcome of granting planning permission could result in the landowner terminating the tenancy agreement on the property and the potential difficulties this would cause to the tenant’s livelihood and personal hardship they may suffer, together with any affects on the wider community. However, it is a requirement of the law that the tenant is compensated by the landlord and as such the 'hardship' will be mitigated. It is considered that, on balance, the benefits of granting planning permission outweigh the perceived disbenefits.

Human rights considerations are also integral to considering the tenant’s personal circumstances in this case and the effect planning approval would have on the tenant. Article 1 of the first protocol (protection of property) and Article 8 (right to respect for a private and family life) are both relevant. However these rights are qualified. The question is whether the interference is justified in the public interest and under paragraph 2 of Article 8 as being “in accordance with the law”, pursuing a legitimate aim and as “being necessary in a democratic society”. In the circumstances of this case any interference with the tenant’s human rights caused by approving this application is considered to be justified. RECOMMENDATION Recommendation is to grant planning permission subject to conditions;

- time limit -accordance with approved plans - design details (details of any replacement external doors and windows and other external fixtures and fittings in traditional buildings) - no demolition/rebuilding C/07/38E 12 Nov 2019 Schedule No:1 - colour of roller shutter doors - controls on the operation of machinery and power tools - no outside storage - external lighting - FRA - resurfacing to be approved - landscaping - biodiversity enhancement - control of use/PD rights

C/07/38E 12 Nov 2019