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North York Moors National Park Authority Planning Committee

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North York Moors National Park Authority Planning Committee Item 5 North York Moors National Park Authority Planning Committee 9 April 2020 Miscellaneous Items (a) Development Management Please note that the appeal documentation for each of the applications listed below can be found by clicking on the application reference number. Hearings and Inquiries Reference Number Appellants Name Description Date, Time and and Venue Location NYM/2018/0787/FL Mr Winn-Darley alterations to and change Hearing Land at Spaunton of use of 2 no. buildings The Old Vicarage, Quarry, formerly used in Bondgate, Helmsley Kirkbymoorside connection with mineral 21 April 2020 extraction to agricultural Postponed use together with construction of extensions to one of the buildings NYM/2018/0791/FL Mr Winn-Darley use of part of the former Hearing Land at Spaunton quarry for leisure purposes The Old Vicarage, Quarry, in the form of 1 no. Bondgate, Helmsley Kirkbymoorside additional log cabin, 12 no. 21 April 2020 touring caravan pitches Postponed with associated package treatment plant and access road and change of use of quarry building to visitor club/meeting facility Appeals Received Reference Number Appellants Name and Description Location NYM/2019/0718/FL Mr Stephen Demaine removal of 2 no. dormer 2 Mowbray Terrace, West End, windows and demolition of Ampleforth conservatory to rear, construction of single storey extension and 1 no. dormer window and installation of 2 no. replacement windows and door to front elevation (revised scheme to NYM/2018/0546/FL) (part retrospective) Appeals Determined Reference Number Appellants Name Description Appeal and Location Decision NYM/2019/0062/AGRP Mr J Martin erection of agricultural Appeal c/o agent livestock building Dismissed Mrs Cheryl Ward land and barn to the east of Whorlton House Farm, Whorlton Lane, Whorlton NYM/2019/0640/FL Mr Charles Davies alterations and construction of Appeal Little Shortwaite, two storey extension Dismissed Lealholm NYM/2018/0834/CU Ms L Burgess & Mr use of land for the siting of a Appeal T Cervone refreshments van Dismissed land north of (retrospective) (revised Saltergate Car scheme to Park, Lockton NYM/2018/0676/CU) Attached at Appendix 1. (b) Enforcement Appeal documentation relating to an enforcement matter is currently only available on request. Hearings and Inquiries None Appeals Received None Appeals Determined None (c) Planning Applications Determined by the Director of Planning A list of planning applications determined by the Director of Planning in accordance with the Scheme of Delegation is attached at Appendix 2. [NB: Members wishing to enquire further into particular applications referred to in the Appendix are asked to raise the matter with the Director of Planning in advance of the meeting to enable a detailed response to be given]. (d) List of Enforcement Matters Determined by the Director of Planning A list of enforcement matters determined by the Director of Planning in accordance with the Scheme of Delegation is attached at Appendix 3. Andy Wilson Chief Executive (National Park Officer) Chris France Director of Planning Background Documents to this report File Ref: 1. Signed reports - dates as given 3022/1 2. Signed letter - dates as given 3024/1 Location North York Moors National Park Authority The Old Vicarage, Bondgate, Helmsley, York, YO62 5BP Appendix 1 Appeal Decision Site visit made on 10 February 2020 by T J Burnham BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 4 March 2020 Appeal Ref: APP/W9500/W/19/3238113 Whorlton House Farm, Whorlton Lane, Whorlton, North Yorkshire DL6 3HT • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) Order 2015. • The appeal is made by Mr J Martin against the decision of North York Moors National Park Authority. • The application Ref NYM/2019/0062/AGRP, dated 15 November 2018, was refused by notice dated 27 March 2019. • The development proposed is a livestock building and handling area. Decision 1. The appeal is dismissed. Procedural Matter 2. The proposal relates to works for the erection of a building within an agricultural unit in excess of 5 hectares. Sub-paragraph 2 of paragraph A.2- Conditions, requires amongst other things, the developer to apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the siting, design and external appearance of the building. In this case the evidence does not indicate that there is disagreement in relation to design or external appearance. Main Issue 3. The main issue therefore is the visual impact of the proposed development on the surrounding area having regard to its siting. Reasons 4. The site sits within the North York Moors National Park. The building would be relatively large in size measuring approximately 30m in length, 12m in breadth and 3.65m in height, constructed from concrete panels with Yorkshire boarding with a corrugated fibre cement sheet roof. It would be set a significant distance to the north east of and isolated from the existing farm steading, within an open countryside setting. 5. The site is on elevated ground and the building would be clearly visible from some points on the public right of way which runs to the south east of the proposed site. The landscape is largely devoid of any buildings, other than what appear to be very occasional, relatively small and inobtrusive agricultural structures. The proposal would therefore, because of its siting, be intrusive and https://www.gov.uk/planning-inspectorate Appeal Decision APP/W9500/W/19/3238113 dominant when taking into account the prevailing characteristics of the local landscape. For this reason, prior approval should not be granted. 6. Development plan policies may be relevant in prior approval cases but only insofar as they relate to the matters under consideration. In relation to this case, the development plan contains material that is relevant to the planning judgement to be made, and consequently I have taken it into account as a form of evidence in relation to the prior approval matters. 7. The development plan comprises the North York Moors National Park Authority Local Development Framework Core Strategy and Development Policies (2008) (LDFCSDP). Policy 12 relates to proposals for new agricultural buildings. Amongst other requirements it details that their siting shall be physically related to existing buildings associated with the business unless there are exceptional circumstances relating to agricultural necessity for a more isolated location. Amongst other aims, Core Policy A of the LDFCSDP states that priority will be given to conserving and enhancing the landscape of the National Park. Such objectives align with the requirement of the National Planning Policy Framework to afford great weight to conserving and enhancing landscape and scenic beauty in National Parks. The policy background is not therefore supportive of the proposal. 8. Various concerns have been raised by the appellant in relation to the keeping of livestock at the existing building on the steading, including issues relating to surface water flooding and the proximity of residential accommodation not associated with the steading. I do not doubt that these problems exist, however the evidence presented is relatively limited. On the basis of that before me I am not persuaded that there are no means by which any current issues on the steading could not be addressed or that the issues identified would represent circumstances which would justify the proposal in such a remote location in light of the harm that I have identified arising from the siting of the building. Other Matters 9. Concern has been raised as to the handling of the matter by the Council although the evidence supplied is limited and the process appears to have been handled within the required timescales. The Council has confirmed that concern relating to disturbance to bat foraging habitat if the building was lit at night did not form part of the reason for refusal. Given that the appeal is dismissed there is no reason to consider matters relating to biodiversity further within this decision. Conclusion 10. For the reasons above, prior approval should not be granted. T J Burnham INSPECTOR https://www.gov.uk/planning-inspectorate 2 Appeal Decision Site visit made on 11 February 2020 by E Maund BA (Hons) MSc Dip UP MRTPI an Inspector appointed by the Secretary of State Decision date: 23rd March 2020 Appeal Ref: APP/W9500/D/19/3243220 Little Shortwaite, Leaholm, Whitby YO21 2AA • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Charles Davies against the decision of North York Moors National Park. • The application Ref NYM/2019/0640/FL, dated 18 September 2019, was refused by notice dated 29 November 2019. • The development proposed is demolition of existing single storey extension and construction of a two-storey extension. Decision 1. The appeal is dismissed. Preliminary Issue 2. In the interests of clarity, I have used the description from the Appellant’s appeal form in the banner headline above. Main Issue 3. The main issue is the effect of the proposed extension on the character and appearance of the existing property and the wider area. Reasons 4. The appeal property is an attractive stone house with pantile roof. Sitting below the level of the road it is accessed from, but clearly visible from it, being an isolated property set in undulating countryside. 5. The dwelling is located in the north western corner of the appeal site within a restricted garden, enclosed by low stone walls and a post and wire fence to the rear, forming the shared boundary with the field beyond.
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