HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 14 August 2007

PLAN: 03 CASE NUMBER: 07/03116/OUT GRID REF: EAST 425365 NORTH 448773 APPLICATION NO. 6.133.44.E.OUT DATE MADE VALID: 20.06.2007 TARGET DATE: 15.08.2007 CASE OFFICER: Mr M Williams WARD: Washburn

VIEW PLANS AT: http://tinyurl.com/2k96na

APPLICANT: Mr A Swires

AGENT: Mr Chris Robinson

PROPOSAL: Outline application for erection of 1 detached agricultural workers dwelling with access and layout considered (Site Area 0.07ha).

LOCATION: Townend Farm Low Lane Stainburn North LS21 2LN

REPORT

SITE AND PROPOSAL Townend Farm is about 1km east of Stainburn, on the north side of the minor road to North Rigton. The farm comprises 162 ha of land; 110 ha owned and 61 ha rented. The whole area is grassland and the business is principally based on milk production, with a beef-rearing enterprise.

There is a range of traditional and modern farm buildings behind the farmhouse which is set slightly back from the road. The land slopes up from the road, so these buildings are set above the road, but are partially screened by trees and mounding.

The farmhouse is the only dwelling on site and it is proposed to erect a second dwelling on site to serve the holding. This would be occupied by the applicants' son who currently lives with his parents in the farmhouse.

The application is in outline, with layout and access for consideration at this stage.

The proposed dwelling would be sited in a field about 40m west of the farmhouse. It would be set back from the road on a similar contour to the farmhouse, and would be served by a new access through the existing dry stone wall. The siting of the house is constrained by an overhead line to the north and an underground water tank to the east.

The site is in the Green Belt.

MAIN ISSUES 1. Policy 2. Agricultural Need 3. Green Belt 4. Public Open Space

RELEVANT SITE HISTORY 6.133.44.C.FUL - Conversion of barn to form 1 new dwelling with package treatment plant. Withdrawn 07.12.2005

6.133.44.D.FUL - Conversion of barn to form 1 new dwelling with package treatment plant. Refused 02.10.2006

CONSULTATIONS/NOTIFICATIONS

NYCC Highway Authority Not received at time of writing

The British Horse Society No objections provided the public bridleway and two public footpaths nearby are not compromised at all.

Parish Council STAINBURN

Ramblers Association Provided footpath Nos 14 and 15 remain clear and unobstructed both during and after building works we have no other comment to make.

RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Development PPG2 Planning Policy Guidance 2, Green Belts PPS07 Planning Policy Statement 7, Sustainable Development in Rural Areas LPGB02 District Local Plan (2001, as altered 2004) Policy GB2, The control of development in Green Belt LPGB04 Harrogate District Local Plan (2001, as altered 2004) Policy GB4, Requirements of Development in Green Belt 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: 20.07.2007 PRESS NOTICE EXPIRY: 20.07.2007

REPRESENTATIONS STAINBURN PARISH COUNCIL - Has no objections.

OTHER REPRESENTATIONS - None received.

VOLUNTARY NEIGHBOUR NOTIFICATION - None undertaken

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.

Local Plan Policy GB2 states that, within the Green Belt, planning permission will only be granted, inter alia, for the erection of new buildings which are necessary for agriculture or forestry.

Local Plan Policy GB4 states that proposals for development which are considered appropriate in the Green Belt will only be permitted where it can be shown that the scale, location and design of any building would not detract from the open character and visual amenity of the Green Belt or prejudice the purposes for which it was designated.

2. AGRICULTURAL NEED - In support of the application for a dwelling, there is an agricultural appraisal prepared by an agricultural consultant. The farm business is operated by Messrs A Swires on a holding that extends to 162 hectares, of which 101 hectares is owned by the partners and a further 60 hectares is rented. The whole area is grassland and the farm business is based principally on milk production from a herd of 200 cows, with 244 followers of various ages from calves to in-calf heifers to provide dairy herd replacements. There are a further 105 male cattle, again of various ages, for a beef rearing enterprise. There is a range of traditional and more modern buildings at Town End Farm to accommodate all the cattle. The modern buildings have been extended back from, or are in close proximity to, the traditional barns, so none of these are suitable for residential conversion.

The farm is managed by Mr Anthony Swires, assisted by his wife and their son with some additional part-time help. This is an established, profitable farming business with only one dwelling, the main farmhouse, serving the holding. The agricultural consultant concluded, and it is accepted that, there is a need for an additional dwelling to house a second full-time key worker within sight and sound of the dairy unit.

Given the scale and nature of the farm enterprise, it is considered that there is justification for a second dwelling to serve this holding. In accordance with Government advice in PPS7, any planning permission granted would be subject to an agricultural occupancy condition, as would the existing dwelling which does not appear to have such a restriction.

3. GREEN BELT - While new farm worker's dwellings are allowed in the Green Belt, their impact on the openness and visual amenity of the Green Belt still has to be considered. For the reasons stated above, there were a limited number of sites for the proposed dwelling. Any new building will inevitably affect the openness of the Green Belt, but the siting of the house means it will be viewed in the context of the existing farmhouse and buildings.

A bend in the road means the house would not appear too prominent in views from the eastern approach; the main impact will be on the approach from the west. In these views the house would be viewed against a backdrop comprising the existing farmhouse and a range of modern buildings extending up the slope and behind the site. The house would therefore be effectively sited in the corner of a site which is surrounded on two sides by farm development. There is also scope to carry out some planting to the west of the proposed house to help mitigate its impact on the landscape. In this context the proposed farmhouse is not considered to harm the openness or visual amenity of the Green Belt.

4. PUBLIC OPEN SPACE - As this is an outline application the payment of the commuted sum for the provision of Public Open Space can be dealt with by condition.

CONCLUSION

The development meets the criteria set out in Annex A of PPS7. It would not detract from the openness or visual amenity of the Green Belt. The proposal therefore accords with the provisions of the development plan and there are no other material considerations in this instance that warrant setting aside local plan policies.

CASE OFFICER: Mr M Williams

RECOMMENDATION

That the application be APPROVED subject to the following conditions:-

1 Application for the approval of the reserved matters shall be made to the Local Planning Authority not later than two years from the dated of this permission. The development hereby permitted shall be begun on or before the expiration of one year from the final approval of reserved matters or in the case of approval on different dates, the final approval of the last such matter to be approved.

2 No development shall take place without the prior written approval of the Local Planning Authority of all details of the following reserved matters -

(a) appearance; (b) landscaping; (c) scale.

Thereafter the development shall not be carried out otherwise than in strict accordance with the approved details.

3 The occupation of the dwelling hereby approved shall be limited to a person solely or mainly employed or last employed in the locality in agriculture, as defined in Section 336 of the Town and Country Planning Act 1990, or in forestry, (including any dependants of such a person residing with him) or a widow or widower of such a person.

4 The occupation of the existing dwelling at Townend Farm shall be limited to a person solely or mainly employed or last employed in the locality in agriculture, as defined in Section 336 of the Town and Country Planning Act 1990, or in forestry, (including any dependants of such a person residing with him) or a widow or widower of such a person.

5 No development shall take place until either -

i. Full details of public open space and village halls to serve the development in accordance with Policy IMP2 of the Harrogate District Local Development Framework have been submitted to and approved by the Local Planning Authority and agreement has been reached with the Local Planning Authority as to the provision of the same and its subsequent management and maintenance.

ii. Alternative arrangements for the provision of open space have been submitted to and approved in writing by the Local Planning Authority.

6 The existing Public Right of Way shall be protected and kept clear of any obstruction until such time as any alternative route has been provided and confirmed under an Order made under the Town and Country Planning Act 1990.

NOTE - For information a plan of the definitive Public Right of Way is enclosed. The applicant should discuss with the Highway Authority any proposals for altering the route.

Reasons for Conditions:-

1 To ensure compliance with sections 91-94 of the Town and Country Planning Act 1990. 2 To safeguard the rights of control by the Local Planning Authority in respect of the reserved matters. 3 The development hereby approved would be unacceptable unless justified by the local needs of agriculture or forestry. 4 The development hereby approved would be unacceptable unless justified by the local needs of agriculture or forestry. 5 In order to secure compliance with Policy IMP2 of the Harrogate District Local Development Framework in relation to the provision of open space and village halls for residential development. 6 To protect the route of the Right of Way in the interests of and to protect the general amenity for all prospective users.