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North York Moors National Park Authority Planning Committee

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North York Moors National Park Authority Planning Committee Item 8 North York Moors National Park Authority Planning Committee 14 May 2015 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) Stables at The Gate House, Hutton Gate, Decision: Appeal dismissed Guisborough, TS14 8EG Inspector: Graham M Garnham 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 Method of Date of Local Venue and Location Determination Inquiry/Informal Hearing NYM0003/2014 Hearing – The N/A N/A Mr Lee White Planning Lockerice Hole, Inspectorate has Swainby deemed this now to be determined by the Written Representations Procedure (iii) Appeals received: Ref Number Appellants Name and Description Location NYM/2014/0531/FL Mr Christopher Bateson Conversion of store to Fisherman's Store, Beckside, form holiday letting unit Staithes (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]. (d) Enforcement Action Progress Report Report attached at Appendix C [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 visit made on 24 June 2014 by Graham M Garnham BA BPhil MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 14 April 2015 Appeal Ref: APP/W9500/A/14/2216583 Stables at The Gate House, Hutton Gate, Guisborough, TS14 8EG The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The appeal is made by Mr Jeff Granger (Executor of Mr Brian Garnett deceased) against the decision of North York Moors National Park Authority. The application Ref NYM/2013/0600/FL, dated 14 August 2013, was refused by notice dated 7 October 2013. The development proposed is to replace existing timber shed & stables and block built barn with new single storey dwelling. Decision 1. The appeal is dismissed. Procedural Matter 2. The details of the appellant in the summary above reflect the fact that the applicant for planning permission, Mr Brian Garnett, had died before the appeal was made. Main Issues 3. I consider that these are whether the proposal would, firstly, be an acceptable form of development within the countryside outside an established settlement; and secondly, be compatible with the character, appearance and quality of its historic setting. Reasons 4. The appeal site is part of a considerable land holding that now goes with The Gate House. This is a detached house and garden, a development that, according to the appellant, dates back to the 1920s. The proposal would involve demolishing a run of storage and stabling buildings; erecting a single storey dwelling on part of their footprint; removing an area of hard standing; and creating a residential curtilage that would also include and retain a number of mature trees. www.planningportal.gov.uk/planninginspectorate Appeal Decision APP/W9500/A/14/2216583 First main issue – the acceptability of development in the countryside 5. The appeal site is located in an area of open land just south of Guisborough. The area is defined by Core Policy B of the North York Moors Core Strategy and Development Policies document (2008) [the CSDP] as being part of the open countryside. Core Policy J indicates how a mix of housing types and tenures will be sought to maintain the vitality of local communities. It says that new housing in the open countryside will be restricted to that which is proven essential for farming, forestry or other essential land management activities, replacement dwellings and conversion of traditional rural buildings for residential letting for local needs. 6. The proposal would not satisfy any of the exceptions allowed by Core Policy J. The personal requirement for a manageable home for Mr Garnett in familiar surroundings no longer exists. Although in the open countryside, the site is quite close to services and facilities in the urban area of Guisborough. However, this relationship would not normally justify the encroachment of built development into countryside around a settlement. The appellant says that there is an absence of a 5 year supply of housing land. According to the National Planning Policy Framework, this means that the relevant policies for the supply of housing should be considered out of date. However, this is not a matter addressed by the Authority and I have seen no evidence to support the appellant's assertion. Thus I can give it little weight. Consequently I find there are no material considerations of significant weight to set against the policy context relied on by the Authority. 7. I conclude that the proposal would not be an acceptable form of development within the countryside outside an established settlement. It would be contrary to the CSDP policies referred to above. There is an insufficient weight of material considerations to indicate a decision otherwise than in accordance with the development plan. Second main issue – effect on historic character and appearance 8. The Gate House and its land holding is within what was originally 113 hectares of parkland surrounding Hutton Hall. This is described as being a large country mansion in a landscaped park that was designed by Alfred Waterhouse for Sir Joseph Pease. It is dated 1866 and was listed Grade II in 1984. At the same time, the nearby complex comprising the former stable block, stable house and Cleveland House was also listed Grade II, being important for group value. This complex is now largely in residential use, and is known as The Stable Block. The whole area was designated the Hutton Lowcross Conservation Area in 2005, in recognition of the historical importance and interest of the buildings and the openness of their overall setting. 9. The appeal site itself is on the eastern edge of a roughly oval area of open pasture land, that was originally created from farmland to form an open parkland setting on the northern side of Hutton Hall. It served both to separate the Hall from Guisborough and to provide a pastoral setting for the main approach drive from the settlement, which took a scenic route along the western side of the parkland. The parkland was largely surrounded by a border of what are now mature trees. The new dwelling would be seen clearly across the open area from Hutton Village Road, close to the original driveway 2 Appeal Decision APP/W9500/A/14/2216583 at its north west edge where there is a gap in the trees. The dwelling would have the tree border as its immediate backdrop. Perhaps more importantly, it would be seen within the same vista as one of the very few public viewpoints of Hutton Hall, part of which can also be seen to the west of the tree border. From this viewpoint, the new dwelling would appear as being about midway between The Gate House and the Hall, as a further domestic intrusion into the original parkland between the Hall and Guisborough. 10. I consider that a new dwelling and its domestic curtilage in this sensitive and prominent position would appear as a significant incursion of built development into an area of open land of considerable historic interest. I recognise that The Gate House already forms a larger scale incursion into this open area, and that the removal of the rather ramshackle existing buildings and hard standing on the site would be an improvement. However, the existing buildings are of a relatively low key appearance and have a rural function, while the introduction of further permanent residential development would be quite contrary to the historical purpose, character and appearance of the appeal site and its setting. 11. The new dwelling would also be close to the front of The Stable Block and, although separated from it by the tree border, the close proximity would be evident from both buildings and the service road that would run between them. The Stable Block is sited to one side of and behind Hutton Hall, just outside the tree border but close enough to the Hall to be readily accessible from it. This relationship expresses its subservient role to the Hall, while being integrated into the overall layout of the estate, and functionally connected by the service road directly to the town of Guisborough and its former railway station. I consider that the siting of the proposed dwelling close to and prominently in front of The Stable Block would materially detract from the planned spatial arrangement of Hall, Stable Block and grounds that are an important part of both the setting of these listed buildings and the character and appearance of the conservation area. 12. The Authority further objects to the design of the new dwelling, on the grounds that it would detract from the distinctive and elaborate Victorian architectural character of The Stable Block. I consider that the design would be generally in keeping with that of the more minor ancillary buildings associated with and close to The Stable Block. However, these buildings are more appropriately sited in secondary locations to the side or rear of the main building, while the appeal proposal would be sited directly in front of its imposing main façade.
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