Dales National Park Authority

Application Code: C/46/169A Committee Date: 09/04/2019 Location: Tom Lear Barn, Starbotton

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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: © National Park Authority Schedule No:6

Application No: C/46/169A

District:

Parish: with Starbotton

Applicant's Name: Ms V Russell,

Grid Ref: SD95307468

Received by YDNP: 26/11/2018 Officer: Katherine Wood

PROPOSAL: full planning permission for conversion of barn to form local occupancy dwelling and artist studio

LOCATION: Tom Lear Barn, Starbotton

CONSULTEES Kettlewell-with- The Parish Council objected to the originally submitted Starbotton PC proposal on the following grounds; 1.That the application will negatively impact on the character of the village. In forming this view we have used our own knowledge of the village and the Yorkshire Dales National Park’s own Conservation Area Appraisal Starbotton (Adopted). Relevant extracts of the Appraisal include Section 3.2 Summary of the Special Interest of the Starbotton Conservation Area. The special character of Starbotton lies in the following: Evidential value: vernacular buildings dating from the late-seventeenth century onwards including traditional farm buildings which have not been converted, such as the impressive combination bank barn on the main road and the line of barns along the back lane, and a relatively high concentration of listed buildings (see 4.4.c). Historical value: development of former medieval toft settlement (see 4.2.a), much of which is still visible. Aesthetic value: several attractive external and internal views, such as towards the central square in front of the pub, and a variety of well-related spaces within the conservation area like the barn-lined back lane (see 4.3) which is a very distinctive feature of Starbotton. Page 13 and Figure 03; The Conservation Area’s largest and most important green space is that of the former medieval toft fields; these also provide a historical value which is part of the special interest of the Starbotton Conservation Area (see 4.2.a). Page 18 & Page 21 Figure 09 & Figure 20; Summarily Back Lane and Toft Barns are Key Views defining Starbotton.

C/46/169A 09 Apr 2019 Schedule No:6 2.There is very limited public parking in Starbotton and this is largely on the B6160 next to the proposed track entrance. We think that the entrance would take-up more space than the current field gate. In addition, we were concerned to see the proposal of a cattle grid, an alien feature in a medieval village setting. We recognised that it presents a danger to children, pets etc and is not especially good at controlling stock. The ingress and egress to the proposed track is further influenced by adjacent limited parking on the B6160, and hence is of concern. 3.The proposed track will have a serious visual impact, being visible from the footpaths above the village. In addition, the track and the soakaway on medieval Toft and will require earthworks on a potentially important archaeological size. 4.We noted that the soak-away appears to be elevated from Barn. 5.Finally, the design of the building with a glazed gable is out of character with the building and other buildings in the Conservation Area. We visited in the morning and if built as designed, strong sunlight would be reflected down the dale making the building stand out on the approach to the village. Highways North No objection subject to conditoins requiring visibility Yorkshire splays to be 60 metres by 2 metres and access construction. Chief Technical Officer The works will need to comply with all current Building Regulations and specific attention is required for means of escape requirements of Document B.

There are no environmental protection issues that would give cause for concern. United Utilities Water None received. Ltd Environment Agency - This application lies within flood zone 2 and is classed for All areas as more vulnerable. It therefore should be assessed in line with our flood risk standing advice. CEHO Craven Recommends a condition regarding reporting unexpected contamination. Senior Listed Building No comments on revised proposal. Officer Wildlife Conservation If the works are carried out in accordance with the Officer mitigation statement the local bat populations are unlikely to be significantly affected by the proposals. Recommended buidiversity enhancement of bat tubes/bird boxes. Recommended an informative regarding nesting birds. Trees & Woodlands The tree removals have been addressed through tree works in a Conservation Area notification. These listed

C/46/169A 09 Apr 2019 Schedule No:6 for removal within the application have all been agreed for felling. Note T5 will not be felled but its decline managed. The replacement planting plans are fine - no information of protection and aftercare but this could be covered by condition. PUBLIC RESPONSES

Three letters of support and four letters of objection were received in response to the original proposal. Most objections relate to the design details which have since been amended. Comments also relate to the use of the croft.

Two letters have been received in response to the amended proposal commenting (in summary) on the following; the development will compromise the conservation of the medieval toft and lead to more development along Back Lane, the access is out of character with the village, the parking area will be visible from the road, the conversion of the barn will have a negative impact on the uniqueness of Startbotton, the rooflights are excessive and not in keeping with any other domestic or agricultural roofs in the village or adjacent barns. RELEVANT PLANNING POLICIES L1(15) - Heritage assets L2(15) - Conversion of traditional building - acceptable uses L3(15) - Conversion of traditional buildings - building treatment W1(15) - Wildlife sites, species and networks W2(15) - Biodiversity enhancement 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 the Planning Committee as the Head of Development Management considers it is in the best interests of the National Park Authority that the application is considered by the Committee.

APPLICATION SITE This application relates to Tom Lear Barn to the south-west of Starbotton in . The barn is a traditional stone building with a stone slate roof, located adjacent to Back Lane, an unmade track which runs to the west of the village. To the east of the barn is an undeveloped croft. This croft is part of a wider medieval toft field system in Starbotton Conservation Area. Adjacent to the site and within the same ownership is a Quaker burial ground.

PROPOSAL Planning permission is sought for the conversion of the barn to a local occupancy dwelling C/46/169A 09 Apr 2019 Schedule No:6 with an artists studio. The proposed conversion works have been amended significantly from the originally submitted proposal, which sought to remove the gable wall and fully glaze it and other major interventions into the walls of the building. The amended scheme has been submitted following extensive negotiation and proposes to use all existing openings and modify only one modern window to create a doorway in the south-east elevation. The first floor space is currently only served by one window opening. In order to retain the historic fabric of the building and avoid alteration to the walls, it is proposed to light this space with a single strip of patent glazing and rooflights. The glazed gable was original proposed to serve the artists studio. This has been amended to be located on the ground floor to be served by the original cart door (to be glazed) and existing windows.

The original scheme proposed an access and garden within the croft to the east. This has been amended to reinstate the line of the 17th century field boundary to separate the garden and parking area off from the croft.

RELEVANT PLANNING HISTORY Full planning permission (ref. C/46/169) was refused on the 22nd May 1996 for the conversion of the barn to a workshop, office and living accommodation on the grounds that the barn was located outside of the housing development boundary for Starbotton and the access to serve the barn would be detrimental to the visual amenities of Starbotton Conservation Area.

KEY ISSUES: - the principle of the development - impact on character and appearance of the barn and the wider Conservation Area - impact on neighbours - highway safety - ecology - flood risk - parish council comments

THE PRINCIPLE OF THE DEVELOPMENT The National Planning Policy Framework (NPPF) sets out the purpose of the planning system: to contribute to the achievement of sustainable development. It advises that planning authorities should avoid new isolated homes in the countryside unless there are special circumstances. The circumstances listed include - "where such development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets" and "where the development would re- use redundant or disused buildings and lead to an enhancement to the immediate setting."

The Yorkshire Dales Local Plan (2015-30) aims to deliver sustainable development in the National Park context. It aims to achieve the conservation and enhancement of traditional buildings (heritage assets) by allowing them to be adapted or converted to new uses, providing the building and its landscape have the capacity to absorb them.

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 C/46/169A 09 Apr 2019 Schedule No:6 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.

A proposal to convert a traditional building to a new use must satisfy the requirements of all three policies.

Tom Lear Barn is a traditional building for the purposes of policies L1 and L2. For the purposes of applying policy L1 of the Local Plan, the building is considered to have very high heritage significance, demonstrably of equivalent significance to a listed building. Its significance is derived from its age and historic features, together with its relationship with the medieval croft. The barn is an early traditional farm building dating from the 16th/17th century and is likely to have been a cruck barn originally. Evidence of this can be found in the formerly steep roof line with low eaves suggestive of a cruck construction, the battered walls, and evidence of a padstone that may once have carried the foot of a cruck.

The barn is a traditional building within a building group comprising several other traditional barns located along Back Lane on the edge of Starbotton village and as such would meet policy L2 in principle, providing the building and its location is able to accommodate the intensity of the new use and associated impacts.

IMPACT ON CHARACTER AND APPEARANCE OF THE BARN AND SURROUNDING AREA The majority of the building appears to be in fair structural condition and a revised structural report has been submitted to demonstrate that the gable can be restrained internally to avoid any rebuilding of the existing fabric. The amended proposal utilises existing openings for the most part. A modern window is to be altered to form a doorway and rooflights and patent glazing will serve the first floor space. Although patent glazing can be a significant feature on a roof, on this building it will appear as a single strip of glazing running the length of the rear roof and will avoid the requirement for several rooflights or new windows which would alter the simple character of the barn and impact on historic fabric. The western roofslope is viewed at a distance and with the backdrop of the village, with public views from Long Lane to the south and from a right of way at the far side of the to the west.

The introduction of the parking area, garden area and access in the croft has the potential to impact on the character and appearance of the Conservation Area. The croft is currently in agricultural use and forms part of the medieval toft field system in Starbotton. The Conservation Area Appraisal refers to the importance of these medieval tofts with their associated barns; ‘The development of the former toft layout – much of which is still visible today – provides a historical value which is part of the special interest of the Starbotton C/46/169A 09 Apr 2019 Schedule No:6 Conservation Area. House-sites were located at the end of a narrow field (toft), often with a barn at the opposite end. The early houses were built with their longitudinal axis parallel to the main street and facing the green. A back lane linking the barns still runs along the other end of the field, roughly parallel to the main street.’ Tom Lear Barn is specifically referred to in the Conservation Area Appraisal, as an example of one of these important toft fields with a barn.

The original proposal sought an access, parking area and garden within the croft. There has been extensive consideration of an alternative route for an access either via Back Lane or Long Lane. However, it has been concluded that these narrow green lanes, medieval in origin, are unsuitable for modern vehicles without significant alteration which would harm their character. Furthermore, the applicant is unlikely to achieve a legal right of access down these lanes. As such, it is still proposed to access the site through the field. However, following advice from Officers, the proposed site layout has been amended to reintroduce the medieval wall line in order to separate the majority of the field from the proposed parking and garden. The two wheel track, surfaced in a bio grid membrane to allow the grass to grow through, will follow the topography of the field (and the line used by agricultural vehicles accessing the barn). The remaining field has been omitted from the application site so that it does not become garden, whilst still retaining the visual link between the barn and its medieval toft. Additional native tree planting will assist in breaking up the line of the track through the field. It is considered that the important landscape setting of the barn and the Conservation Area will therefore be retained, with some enhancement in the form of the reinstated medieval wall line compensating for the introduction of the track within the field.

Whilst there are already overhead electricity lines running through the village, it is important that a new line is not taken over the medieval tofts and as such there should be a requirement within the S106 legal agreement to underground any new line serving the building.

It is therefore considered that the minimal alterations to the building and the setting would retain the simple character and appearance of the building, conserving its significance, and would retain its relationship with the surrounding landscape and the character and appearance of the Conservation Area, in accordance with policies L1 and L3 of the adopted Local Plan (2015 – 2030).

IMPACT ON NEIGHBOURS The barn is over 60 metres away from the nearest neighbouring property, Blossom Cottage, and over 80 metres from Tug Ghyll. The barn is on the edge of Starbotton village and as such a residential use would be compatible with the existing residential properties nearby. It is therefore considered that there will be no significant impact on the amenity of local residents, in accordance with policy SP4(n) of the adopted Local Plan (2015-2030).

HIGHWAY SAFETY The proposed access would be via the existing field gate to the north-east of the barn. It is proposed to have a cattle grid at the entranceway to avoid the need for gates with an extensive hard surfaced pull in area. The Highway Authority has been reconsulted on this amendment and has raised no objections to this configuration subject to conditions. In order to achieve the visibility recommended by the Highway Authority of 2 metres by 60 metres, only a short section of the roadside wall either side of the access will require lowering. It is therefore considered that the proposal would not result in harm to highway safety, in accordance with policy SP4(g) of the adopted Local Plan (2015-2030). C/46/169A 09 Apr 2019 Schedule No:6

IMPACT ON ECOLOGY Under the requirements of the Conservation of Habitats and Species Regulations 2010 it is a criminal offence to kill, injure or disturb the nesting or breeding places of protected species unless it is carried out with the benefit of a licence from Natural . Natural England will only grant such licences if they are satisfied that the requirements of Article 16 of the Directive are met. The Conservation of Habitats and Species Regulations 2010 requires all Local Planning Authorities, in the exercise of their functions, to have regard to the provisions of the Habitats Directive. Where a European protected species may be affected, it is important that planning decisions are reached in a manner that takes account of, and is consistent with, the Directive’s requirements. Those requirements include a system of strict protection for European protected species, with derogations from this strict protection being allowed only in certain limited circumstances and subject to certain tests being met. These tests are set out under Regulation 53 of the Regulations and, in particular, the three tests set out in sub-paragraphs (2)(e), (9)(a) and (9)(b). The Local Planning Authority in considering applications that affect European protected species must therefore undertake an assessment of the proposals against these tests.

A bat survey report accompanies the planning application which concludes that the barn provides roosting opportunities for two species of bat; Natterer’s and Brown Long Eared bat, in low numbers. Without mitigation the proposal would have an adverse impact on bats, as the roosts inside the building would be destroyed. The proposal has therefore been assessed against the three tests and the results of this assessment are outlined below:

1. Regulation 53(2)(e) - the proposed development must meet a purpose of preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment.

The building is a vacant traditional building of high heritage significance. The building is not in use at the present time and as such it is in the public interest to find a compatible use for the building.

2. Regulation 53(9)(a) - there is no satisfactory alternative.

There are unlikely to be alternative uses of the building which would sustain and enhance the historic significance of the building in the long term which would also be compatible with retaining open bat roosts within the roof space.

3. Regulation 53(9)(b) - the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range

The bat survey report concludes that the loss of the roosts would not have an adverse impact on the local bat population provided mitigation is taken. The mitigation would form the basis of a licence to Natural England. The mitigation includes the timing of the works (for the avoidance of doubt the works should avoid October-early March), site induction and the installation of two bat tubes. The Authority’s Senior Wildlife Conservation Officer considers that, if these measures are implemented, it is unlikely that the local bat population would be significantly affected by the proposals. It is therefore considered that the development can be carried out in accordance with the legislation and without undue C/46/169A 09 Apr 2019 Schedule No:6 detriment to any protected species. The proposal is therefore considered to be in accordance with policy W1 of the adopted Local Plan (2015-2030).

Policy W2 of the adopted Local Plan (2015 - 2030) requires all new development that would have an impact on biodiversity to provide a proportionate on - site contribution to wildlife enhancement. The bat report proposes the installation of two bat tubes. A proportionate level of biodiversity enhancement would be a minimum of two bat tubes and at least two bird bricks or durable bird nest boxes, in order to satisfy the requirements of policy W2 of the adopted Local Plan (2015 – 2030). These bat tubes and bird boxes can be secured by way of a condition.

FLOOD RISK The very northern end of the barn lies within a flood zone 2 area and the use is classed by the Environment Agency as a ‘more vulnerable’ use. As such, details of surface water management, access and evacuation and floor levels have been requested from the applicant. It is considered that, given the small area of the barn affected, conditions can be added to any approval to ensure adherence to the submitted details, in accordance with policy CC2 of the adopted Local Plan (2015-2030).

PARISH COUNCIL COMMENTS No comments have been received on the amended proposal. Kettlewell with Starbotton Parish Council objected to the original proposal commenting on the impact on the medieval tofts in the Conservation Area, the impact on roadside parking, the cattle-grid and the design of the proposed conversion. The proposed design has been amended significantly, as has the site layout and the impact of the access on the Conservation Area, as discussed elsewhere in this report. A cattle grid is still proposed. However, it is considered that this will avoid the requirement for a set back gated entrance with 4 meters of hardstanding, which would otherwise be required by the Highway Authority. The Parish Council has also noted the proposed soakaway on the original plans appears to be elevated above the barn; clarification on this has been sought from the applicant.

ANALYSIS AND MATERIAL CONSIDERATIONS It is considered that the conversion of the building to form a local occupancy dwelling would be acceptable in principle, in accordance with policies L1, L2 and L3 of the Local Plan. The proposal would retain the traditional character and appearance of the building and its setting within Starbotton Conservation Area. There would be no harm to residential amenity or to protected species. It is therefore considered that the proposed development is acceptable and would accord with policies SP1, SP2, SP4, L1, L2, L3, W1, W2 and CC2 of the Local Plan (2015-2030) and guidance contained within the NPPF. RECOMMENDATION It is recommended that permission is granted subject to a legal agreement restricting occupancy of the barn to a local occupancy dwelling and the undergrounding of any new electricity supply, and conditions to include the following:

1.Standard time limit 2.Accordance with approved plans 3. Recording of historic fabric 4. No demolition/works carried out in accordance with Structural report as amended 5.No sandblasting 6.Roofing slates to be retained 7.Approval of/compliance with details: C/46/169A 09 Apr 2019 Schedule No:6 - pointing - windows and doors (including recess), new external door details, rooflights/patent glazing, rainwater goods, flues and vents, boundary treatment, bin storage, surface treatment 8. Restriction on external lighting 9. Protected species mitigation and biodiversity enhancements 10. Tree protection and tree planting/landscaping 11.Access and parking surfacing 12.Removal of permitted development rights 13. Any contamination to be reported 14. Flood risk mitigation

INFORMATIVE Awareness of nesting birds

C/46/169A 09 Apr 2019