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Dales National Park Authority

Application Code: R/60/7H Committee Date: 10/12/2019 Location: Ashgill Cottage, Tupgill Park,

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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 Schedule No:7

Application No: R/60/7H

District:

Parish: Coverham with

Applicant's Name: Mr C Armstrong,

Grid Ref: SE09598665

Received by YDNP: 11/04/2019 Officer: Andrew Bishop

PROPOSAL: full planning permission for demolition of existing dwelling and erection of replacement building to provide 3 no. self catering holiday units together with car parking and ancillary works

LOCATION: Ashgill Cottage, Tupgill Park, Coverham

CONSULTEES Coverham-w- No comments received. Agglethorpe PM TC Council does not object to the works themselves but does have concerns about the inevitable increased traffic levels through Middleham and past the Low Moor racehorse training gallops. These roads are narrow and the surfaces deteriorate rapidly. Council believes that a road impact assessment should be undertaken. Council has previously requested that a strategic plan of future developments at Tupgill Park would be helpful when considering individual applications. Middleham Ward No comments received. NYCC - Area 1 No objection on highway grounds. Richmond Highway Depot No comments received. Building Control Fire & Rescue Service Insufficient detail to determine if it meets the Building Regulations. Wildlife Conservation No objection. Officer Area Ranger (Lower PROW indirectly affected. Wensleydale) Senior Listed Building No objection subject to recording. Officer PUBLIC RESPONSES

None to date.

R/60/7H 10 Dec 2019 Schedule No:7 RELEVANT PLANNING POLICIES C5(15) - Replacement Dwellings L1(15) - Heritage assets T5(15) - Indoor visitor facilities W1(15) - Wildlife sites, species and networks W2(15) - Biodiversity enhancement BE1(15) - Business development sites BE2(15) - Rural land-based enterprise SP1(15) - Presumption in favour of Sustainable Development SP2(15) - National Park Purposes SP3(15) - Spatial Strategy SP4(15) - Development Quality OFFICER OBSERVATIONS REASON FOR COMMITTEE CONSIDERATION This application is reported to the Planning Committee for the following reason: in the opinion of the Head of Development Management it is in the best interests of the Authority that the application is considered by the Planning Committee.

APPLICATION SITE The application site is a stone built dwellinghouse and its garden located at the Ashgill building group of racehorse and equestrian buildings within the Tupgill Estate. The Ashgill building group stands on the hillside some 270m to the north of the Forbidden Corner visitor attractions and Tupgill House. The building group is separated by woodlands from the visitor facilities at the Forbidden Corner and Tupgill House. The hillside to the north restricts any longer distance views of Ashgill House from that direction. Access to the site is via the main entrance and private drive serving the whole Tupgill Estate, which is also a public right of way.

The western gable end of Ashgill Cottage adjoins the main internal estate road from the Forbidden Corner. This road divides the Ashgill building group into two. The vacant Ashgill Cottage and unused modern stable and equestrian buildings are on the roads eastern side. To the west are ranges of stables and residential dwellings. The front of Ashgill Cottage faces south onto its garden which is enclosed by woodland. Attached to the rear of the house are domestic outshots and wings including one containing an office and stables. Ashgill Cottage was last occupied in 2017 by a racehorse owner/trainer.

PROPOSAL The application is for planning permission to demolish the existing dwelling and erect a replacement building containing 3 self catering holiday units with associated car parking and ancillary works. The proposed building would be erected slightly further down the hillside on what is currently a lawn to the private side of the existing house. The proposed two-storey building would be constructed of natural stone and slate with uPVC windows. It would take the form of a double ridged house to which has been added a side extension. Part of the footprint of the existing house would be used to create 7 car parking spaces for the occupants of the new units.

R/60/7H 10 Dec 2019 Schedule No:7 RELEVANT PLANNING HISTORY Planning permission was granted in 1998 (R/60/7A) for alterations and an extension to Ashgill Cottage. This also included the erection of two detached blocks of racing stables and alterations and extensions to the existing stables at the rear and side of the house.

One of the two blocks of loose boxes at the rear of Ashgill Cottage approved in 1998 is the subject of another current and undetermined application for change of use and conversion into two staff accommodation units with parking and ancillary works (R/60/7J).

A previous application for the demolition of Ashgill Cottage and the erection of a replacement building to provide 4 no. self-catering holiday units together with parking and ancillary works was withdrawn in June 2018 (R/60/7G).

KEY ISSUES -principle of the development -impact on character and appearance of the countryside -residential amenity and privacy -public rights of way -highway safety -impact on wildlife -parish council comments

PRINCIPLE OF THE DEVELOPMENT The proposal is to demolish a traditional dwellinghouse and redevelop the site by the erection of a building containing 3 units of living accommodation for use as short term holiday lets. The holiday accommodation would be used in support of the Forbidden Corner visitor attractions. The first consideration is therefore the heritage significance of the demolition of the traditional house followed by a consideration of the redevelopment of the site for holiday units.

Demolition of existing house Local Plan policy L1 – Heritage assets states that before a traditional building can be demolished an assessment has to be made of its heritage significance. The house is not a listed building and there are none in the Ashgill building group. Parts of Ashgill Cottage are believed to date back to the C18, although it was re-fronted in the later C18 or early C19. The age and stone construction of Ashgill Cottage mean that it has a degree of heritage significance, but that is not of equivalent value to a listed building.

The proposed demolition of the house would result in the total loss of the building. The test for development is therefore whether “reasonable efforts have been made to minimise harm”. This approach would accord with that of the National Planning Policy Framework’s at paragraph 197 which states:

“197. The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.”

The demolition of the house is proposed due to the poor state of the building. The application is accompanied by a Structural Report by a firm of consultant engineers and quantity surveyors. They found that the rear of the house is built into the higher ground R/60/7H 10 Dec 2019 Schedule No:7 causing drainage issues and high dampness throughout the house. They consider the shallow foundations to be insufficient to support the house on the moist clay ground below. The roofs are sagging and in poor condition such that the timbers would need to be replaced and the chimneys rebuilt. They consider that there are issues with the construction of walls which have moved causing leaning and bowing in numerous places. There is significant cracking in three locations on the front elevation alone. The floor joists are undersized and have poor bearing onto the walls, meaning that all floors would need taking up and replacing. Cracked lintels over windows and doors would need to be replaced. The whole house would need to be re-rendered and fitted with a damp course.

Such major works would be required to bring the property back into a usable condition that very little of the existing structure would remain. Even if it were practical to shore up and retain some of the walling the end result would be classified as a rebuild, rather than a restoration of the existing house. The heritage significance of the existing building would therefore have been lost. The costs involved in trying to retain some of the building and the necessary site works to address the damp issues would be uneconomical when compared to a total rebuild.

A justifiable case has therefore been made to allow the demolition of the existing house. The existing house structure can be recorded for the Historic database and this can be required by a condition. The stone can also be recycled by being reused in the replacement building.

Erection of holiday units The National Planning Policy Framework (NPPF 2019) sets out the purpose of the planning system: to contribute to the achievement of sustainable development. It directs planning authorities to avoid the development of isolated homes in the countryside unless certain circumstances apply. The section of the NPPF ‘Supporting a prosperous rural economy’ states at Paragraph 83:

“83. Planning policies and decisions should enable: a) the sustainable growth and expansion of all types of business in rural areas, both through conversion of existing buildings and well-designed new buildings; b) the development and diversification of agricultural and other land-based rural businesses; c) sustainable rural tourism and leisure developments which respect the character of the countryside;”

The proposed development does not fall squarely within the bounds of a specific Local Plan policy as the replacement building would incorporate three accommodation units for short term holiday letting. The proposal would therefore be a departure to the local plan as there is no explicit policy support for new build holiday accommodation unless on allocated sites.

Policy BE1 – Business development sites – permits the expansion of existing business sites, with no spatial limitation, subject to the requirements of Policy SP4. The applicants have identified that there is a lack of visitor accommodation in the area and a specific need for the expansion of holiday accommodation on the Tupgill Estate. The submitted Tourism Report states that the occupancy of the existing holiday cottages is at 100% for 7 months of the year and high at other times. The accommodation would help people from outside the area to visit The Forbidden Corner. The Tourism Report states that.75% of the bookings of the existing 5 cottages and 9 bed and breakfast rooms on the Tupgill Estate R/60/7H 10 Dec 2019 Schedule No:7 are by people with a 3 hour or more travel time.

The proposed guest accommodation would also have the benefit of bringing more overnight visitors into the National Park to the benefit of other local businesses. This would provide opportunities for the public’s understanding and enjoyment of the special qualities of the wider National Park. The applicants are offering to tie the accommodation to short term letting units and the overall Forbidden Corner enterprise. The proposed development can therefore be considered as an expansion of an existing rural business with wider benefits.

Policy BE2 – Rural land based businesses – permits diversification of existing land-based enterprises. The policy refers to ‘rural estates…..which manage land holdings larger than 5 hectares’. Tupgill estate extends for far in excess of 30 hectares. The policy justification includes ‘particular opportunities for visitor accommodation’ and the benefits from developments that ‘increase spending, create jobs’. The policy is primarily concerned with diversification away from a primary land management function, such as farming, rather than the expansion of a primary visitor-based enterprise. Nevertheless the previous occupation of the site by a racehorse trainer is an equestrian activity that is not part of the main Forbidden Corner business but contributed to the estate income. The policy also aims to allow the management of land in accordance with National Park purposes. The Forbidden Corner is clearly providing an opportunity for people to experience the National Park, even if its special qualities are not the core offer.

Policy T5 - Indoor visitor facilities – mainly refers to activities and attractions and the Forbidden Corner also fits into this category. The policy refers to links with rural estates (BE2) and locations close to existing visitor facilities. The policy does not refer to holiday units in their own right (only hotels) so again does not give direct support.

Although the proposal is not a one-for-one replacement of a dwelling the principles in Local Plan policy C5 – ‘Replacement dwellings’ can be applied. The policy has 6 criteria that need to be met and the proposed building would meet them all. They are summarised as follows: a) The residential use of the dwelling has not been abandoned. Although the house is vacant it is only been since August 2017. The house could be re- occupied as a dwelling at any time without the need for a planning consent. b) It is demonstrated that the repair of the existing building is not economically feasible and that the replacement building would bring about a significant enhancement in terms of its landscape impact; The existing rough cast rendered house is not particularly attractive and it has been shown above that the cost of carrying out the necessary extensive repairs would be greater than its value.

Ashgill Cottage has little architectural merit and the removal of some of its render has exposed the poor quality of the stonework beneath. The various large wings and outshots almost completely obscure and dominate the rear elevation to the detriment of the appearance of the main house and the wider building group. The house is built with blank elevations facing the estate access road and it is not separated from the stable yard to the rear. The demolition and erection of a new building further from the stables would allow for a more relaxed and improved landscaped setting within the building group. Due to the surrounding trees and other buildings at Ashgill the house is only seen at close quarters. R/60/7H 10 Dec 2019 Schedule No:7 The proposed replacement building would have traditional proportions and architectural styling that reflected the existing buildings at Ashgill and would have an acceptable landscape impact. c) Replacement would not lead to the avoidable loss of a building that already contributes to architectural or historic interest or makes a useful contribution to local housing needs; As demonstrated above the loss of the application building is unavoidable. The dwelling did provide the accommodation for a racehorse trainer/owner as a separate enterprise to Tupgill estate’s Forbidden Corner visitor experience. The estate is taking all its accommodation into hand in support of its own main visitor orientated business based on The Forbidden Corner. The movement away from racehorse training means that the dwelling is not likely to be let out again to a small racehorse trainer. The existing dwelling has unrestricted occupation and therefore as a single unit it only makes a very small contribution to housing stock generally and none specifically to local housing needs. d) The replacement dwelling is located on the same site as the original; The replacement building would be within the existing curtilage of Ashgill Cottage if not on exactly the same footprint. e) The replacement dwelling will not be substantially larger than the dwelling to be replaced and will not have a residential curtilage that is harmful to its setting; The proposed building with three units of accommodation would not be substantially larger than the existing house with its wings and outshots. The existing single dwelling measures 22.2m in length, 15.8m in width and is 7.4m to ridge. The proposed building for 3 holiday lets would be 26.8m long, 13m wide and 8.4m to the highest ridge. Overall the volume and mass of the buildings would be similar. f) The proposal satisfies the requirements of Policy SP4 (Development quality) in all other respects. Policy SP4 covers some 21 criteria for all developments to comply with. Some of the subject matter set out in these criteria has already been touched upon and others that are material considerations are considered in this report. The policy requires permitted development rights for extensions on a replacement building to be removed by planning condition.

The applicants have made a case for the development on the basis that The Forbidden Corner and its ancillary operations including the “The Saddle Room” restaurant are an important part of the leisure and tourism attractions within the National Park. They calculate that it has received more than 2 million visitors since it first opened. The business provides a considerable amount of full and part-time employment in a rural area that does not have many employment opportunities for local people.

The applicant considers that bed and breakfast accommodation and short stay holiday cottages have enabled families to visit the attractions. This provides substantial benefits for the local community and a wide range of businesses in the area. Having on-site accommodation would clearly boost the appeal of the Forbidden Corner. It attracts greater visitor spend with the spin offs for local employment and local business supply chains. Although the proposal is not a direct fit with any one policy the Local Plan does offer encouragement to proposals that strengthen existing rural estate businesses. On this basis it is considered that the development can be supported in principle.

IMPACT ON THE CHARACTER AND APPEARANCE OF THE LANDSCAPE R/60/7H 10 Dec 2019 Schedule No:7 Although Ashgill Cottage is of some age it is not of any great architectural merit. The wings and outshots that have been added to the main house are in a mixture of juxtaposed forms that give a somewhat crowded and ramshackle appearance. The poor quality stonework with roughcast rendering further reduces any visual merits of the house.

The proposed replacement natural stone finished building would be two-storey in height under two parallel roofs with a ‘side extension’. This would give the scale of the building traditional roof span proportions. The architectural styling would have traditional features including chimneys, water tabling with kneelers and suitably vertically proportioned windows. The scale and design of the building is considered to be acceptable.

The replacement building would be built further down the hillside further away from other accommodation buildings, stable blocks and the estate road. The new building would form the fourth side of a square fronted by existing stable and equestrian buildings on the east side of the road and the buildings on the west side of the estate road.

The new building would be partly screened by an existing hedge and there would be room for an improved landscape setting whilst keeping the building as part of the Ashgill building group. The position lower down the hillside and closer to the woodland trees means that, if possible, it would be even better screened from wider viewpoints. As long as the woodland trees are retained then it can be considered that there would be no adverse impact on the character and appearance of the landscape.

TREES Tupgill Estate is notable for the number of trees that have been planted since the setting up of The Forbidden Corner. The Ashgill building group has belts of semi-mature woodland planting extending in a horseshoe shape around its western, southern and eastern sides. These belts of trees screen the Ashgill building group from views from lower down the hillside or from further away. The proposed new building would be closer to the trees and a tree survey is required to ensure that no healthy trees are removed. A landscaping scheme is also recommended which could include further tree planting.

RESIDENTIAL AMENITY AND PRIVACY Residential properties on the other side of the estate road overlap the gable end of Ashgill Cottage with a separation distance of 8m. The only facing windows are on a rear wing at a distance of 20m. The removal of the existing house would open up the aspect of the accommodation units on the western side of the estate road, thereby improving their outlook onto a landscaped courtyard. The proposed accommodation building would be over 22m away and without any facing windows. The proposals would not harm residential amenity and privacy.

PUBLIC RIGHTS OF WAY The estate road through the Ashgill building group is a public right of way designated as a bridleway. The proposed building would be in a position that is further from the bridleway. The route would need to be kept clear for movement around the estate by horses and vehicles. The Area Ranger has confirmed that the public right of way would be only indirectly affected.

HIGHWAY SAFETY Ashgill Cottage is only accessible by estate roads and is some way from a public highway. The proposed development would include 7 car parking spaces for the 3 units and a turning area in the existing yard. The Highway Authority has no objection but requires the R/60/7H 10 Dec 2019 Schedule No:7 parking and turning areas to be created before occupation.

IMPACT ON WILDLIFE Bats are a Protected Species by virtue of the EU Habitats Directive and the Conservation of Habitats and Species Regulations 2010. Regulation 9 of the Regulations provides that the local planning authority in the exercise of their functions, shall have regard to the requirements of the Habitats Directive.

The application has been supported by a Bat Survey and Report following scoping and emergence surveys. No evidence of bat activity was found within any part of the property and there is a low risk of a bat roost. The Authority’s Wildlife and Conservation Officer has no objection to the proposals and suggests that two sparrow terrace style nesting boxes could be integrated into the new building. .

PARISH COUNCIL COMMENTS Coverham with Agglethorpe Parish Council has not responded to consultation.

Middleham Town Council does not object to the works themselves. They have concerns about any increase in traffic levels through Middleham and past the Low Moor racehorse training gallops. The Council considers that it would be helpful to have a strategic plan of future developments at Tupgill Park to be produced with a road impact assessment. This has been suggested in discussions with the applicant.

ANALYSIS AND MATERIAL CONSIDERATIONS The proposed demolition of Ashgill Cottage is considered to be acceptable due to its low heritage value and its poor structural condition means that the economic cost of a refurbishment outweighs the harm caused by the loss of the heritage asset. The redevelopment of the site for three accommodation units for short term holiday letting would support and further diversify the existing rural business and land based enterprise based on The Forbidden Corner visitor attraction to the benefit of other local businesses and in support of the National Park’s statutory purpose of providing opportunities for the public’s understanding and enjoyment of its special qualities. The use of the letting units can be tied to Tupgill Estate and the development would not harm residential amenity, trees, public rights of way, highway safety, or protected wildlife species and the proposal would accord with policies SP2, SP4, BE1, BE2, C5, T5, L1, W1 and W2 of the Yorkshire Dales Local Plan (2015-2030) and the National Planning Policy Framework (2019). RECOMMENDATION Subject to the application being advertised as a departure from the development plan that permission be granted following the completion of a S106 agreement restricting occupation to short term holiday letting tied to The Forbidden Corner and to include the following conditions: -time limit -specified plans -recording of existing building -detailing including roofing slates, stonework, pointing, cills and lintels, rooflights, windows and doors, rainwater goods, vents and flues -external lighting -means of enclosure of curtilage -hard and soft landscaping details -tree protection and method statement for all works likely to affect trees -bin storage R/60/7H 10 Dec 2019 Schedule No:7 -car parking and turning area to be created and retained -erection of bird nesting boxes -removal of permitted development rights for alterations, extensions and curtilage buildings

R/60/7H 10 Dec 2019