Red Lion Farm, Beamsley, C/07/38E

YORKSHIRE DALES NATIONAL PARK AUTHORITY ITEM 5 (a)

Committee: PLANNING Date: 10 December 2019

Report: Reference Back: Full planning permission for change of use of the dwelling, barn and agricultural buildings to form offices, storage buildings and workshops at Red Lion Farm, Beamsley, C/07/38E

Purpose of the report

1. To provide further advice to Members on this application.

Background

2. At the meeting of the Planning Committee held on the 12th November 2019, Members resolved to defer consideration of the above application as they were minded to refuse the application contrary to Officer Recommendation. A copy of the report from that meeting is attached for information.

3. The reasons given by Members for that decision were:

1. The conflict with Policy – specifically BE3, criterion A, the modern buildings are not surplus to requirements and not redundant, also Policy C9, the loss of a community facility (farm shop);

2. The personal circumstances namely (a) the hardship to the tenant farmer, his wife and family that would be caused by the loss of farmhouse and the buildings and (b) the impact on the tenant’s business and livelihood;

3. The need to protect small Dales farms in view of the National Park Authority’s 1st statutory purpose.

Analysis of reasons

4. Members are reminded that Section 38(6) of the Planning and Compulsory Purchase Act 2004 provides that decisions on planning applications must be taken in accordance with the Development Plan unless material considerations indicate otherwise. This is a presumption in favour of the Development Plan which in this case is the Yorkshire Dales Local Plan (2015-2030). The Development Plan is the starting point and must be followed unless there is good reason not to.

5. In considering a planning application Members should therefore firstly form a clear judgement as to whether the proposal accords with the Development Plan. If it does not, they should then consider whether there are any material considerations of sufficient weight to justify a departure from the Development Plan. 6. For matters to be ‘material considerations’ they must be genuine planning matters (relating to the use and development of land) and fairly and reasonably related to the development concerned. Personal circumstances can be material considerations but only in exceptional or special circumstances.

7. The Local Plan needs to be read as a whole. The strategic policies SP1 (Sustainable development), and SP4 (Development Quality) are relevant as are business and employment policies BE2 (Rural land-based enterprises) and BE3 (Re-use of modern buildings), community policy C9 (loss of community facilities) and policies L1 (Heritage assets), L2 and L3 that concern proposals for the conversion of traditional buildings. Members are advised to read the full version of these policies in the Local Plan.

Reason 1 - The conflict with Policy – specifically BE3, criterion A, the modern buildings are not surplus to requirements and not redundant, also Policy C9, the loss of a community facility (farm shop);

8. Policy BE3a) states that proposals for the change of use of modern buildings to new business and employment uses will be permitted if the building is no longer needed for its current use and will not displace the use elsewhere or conflict with an adjoining use. A key consideration in applying 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.

9. Members are advised that at least some of the modern agricultural buildings are still in use, although the largest building was empty and the other modern buildings were in low level use when officers visited in June. The tenant farmer has stated however, that the buildings are all necessary to operate their farm business and that it is their intention to restock the farm in due course.

10. Officers previously advised Members that, whilst the proposed change of use did conflict with policy BE3a), because of the low level use of the buildings, that the landlords (the applicant) had confirmed no further buildings would be constructed and that they had offered an alternative agricultural building elsewhere, the purpose of the policy would still be met if permission was granted. However, Members have considered that there is not sufficient weight to set aside this criterion and are entitled to make that judgement.

11. Members also commented on the loss of the farm shop as a loss of a community facility contrary to policy C9 of the Local Plan. Policy C9 states that development that would result in the loss of, or have an unacceptable adverse effect on an existing community facility will not be permitted unless it can be demonstrated that the current use is no longer needed or a suitably located replacement facility of at least equivalent standard has not been secured and the land or building could not fulfil or is not needed for an alternative community use. In this case officers advised Members that, whilst the farmshop is to a degree a community facility, the limited range and opening hours suggest that its contribution to the local community is limited. However, Members are entitled to consider that the shop makes sufficient contribution to the local community to be classed as a vital community facility, the loss of which could be harmful to the local community. Reason 2 - The personal circumstances namely (a) the hardship to the tenant farmer, his wife and family that would be caused by the loss of farmhouse and the buildings and (b) the impact on the tenant’s business and livelihood;

12. Members have been advised in the officer’s report that the personal circumstances of the tenant, namely the personal hardship to the tenant and the impact on their business, are a material consideration in this case. Members are reminded that personal circumstances can be material considerations but only in exceptional or special circumstances. The tenant has informed officers that the grant of planning permission could give the landlord the rights to serve a Notice to Quit to terminate the tenancy on the property. It is acknowledged that this would have an impact on the tenant’s livelihood and home as they would have to quit the farm buildings and have no buildings to serve the remaining 44 acres of tenanted land. They would also have to leave the tenanted farmhouse. It is understood from the applicant that compensation is payable under the terms of the agricultural tenancy and an alternative house on the Estate has been offered. The applicant has also stated that an alternative agricultural building would be available to the tenant. It is considered therefore that the loss of the tenanted house and buildings would be somewhat compensated for. However, it is acknowledged that this would still be significantly disruptive for the tenant and his family who have farmed at Red Lion Farm for several generations. However, it is for Members to consider whether such an impact affect is so exceptional as to warrant refusal of the application for this reason.

Reason 3 - The need to protect small Dales farms in view of the National Park Authority’s 1st statutory purpose.

13. Members have referred to Dales farms as part of the cultural heritage of the National Park. The first statutory National Park purpose is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park. The National Park has a traditional pastoral landscape created by livestock farmers over several centuries. This same livestock farming is also deeply interwoven into local life and culture. As such the Dales farming landscape is part of the natural beauty and the cultural heritage of the National Park. In this regard the traditional pastoral landscape and livestock farming are recognised as Special Qualities in the National Park Management Plan.

14. Whilst it is acknowledged that traditional livestock farming in the Dales is a Special Quality and therefore forms a significant part of the natural beauty and cultural heritage of the National Park, this relates to the landscape and local culture rather than individual farmers. It is also considered that a large rural estate, such as the Bolton Abbey Estate, have an equally important role to play in managing and maintaining the National Park landscape and forming part of the cultural heritage of the National Park. It is considered that the comparative value of the current farm and the Estate in terms of National Park purposes is equivocal and difficult to quantify. It is therefore considered that the proposal is not contrary to the first statutory purpose of the National Park and as such it is recommended that this reason should not be used as a basis for refusing permission.

Conclusion

15. The proposal does conflict with policy BE3a) of the Local Plan, although it is considered that the proposal would maintain the overall purpose of that policy, which seeks to make more effective use of existing buildings for appropriate new employment and business purposes whilst resisting the displacement of buildings into open countryside. However, Members can reasonably conclude that the proposal does not accord with the Development Plan and the material considerations set out in the officer’s report do not justify a departure in this instance. Members can also conclude that the farmshop is a vital community facility the loss of which would harm the fabric of remote rural communities, contrary to policy C9 of the Local Plan.

16. Members are also entitled to give weight to the personal and business hardship of the tenant. Whilst it is understood that the adverse impact would be to some extent mitigated through the offer of alternative accommodation and a building, together with financial compensation, Members may conclude that the adverse impact would be so exceptional so as to warrant refusal of the application.

17. Whilst acknowledging that Dales farmers make a significant contribution to the Dales landscape and cultural heritage of the area, value should also be attributed to large Estates such as the Bolton Abbey Estate. Both contribute to conserving and enhancing the natural beauty, wildlife and cultural heritage of the National Park. Members are therefore are advised not to give weight to this consideration.

RECOMMENDATION

18. That the application be approved subject to the conditions set out in the previous officers report. However, if Members are minded to refuse the application contrary to Officer recommendation, it is recommended that this be limited to three reasons for refusal based on the following;

1. The proposed development is contrary to policy BE3a) of the Local Plan as the modern buildings are not surplus to requirements and not redundant

2. The proposed development is contrary to policy C9, as the farmshop is a vital community facility.

3. The proposed development would result in exceptional hardship to the tenant farmer, his wife and family that would be caused by the loss of farmhouse and the buildings and adversely impact on the tenant’s business and livelihood.

Katherine Wood Principal Planning Officer

Date: 25 November 2019 Background documents: application file ref. C/07/38E APPENDIX 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