HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 11 March 2014

HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 11 March 2014

PLAN: 01 CASE NUMBER: 13/04071/FUL GRID REF: EAST 421017 NORTH 472012 APPLICATION NO. 6.29.114.FUL DATE MADE VALID: 30.10.2013 TARGET DATE: 25.12.2013 REVISED TARGET: CASE OFFICER: Ms Claire Barwick WARD: Kirkby Malzeard

VIEW PLANS AT: http://uniformonline.harrogate.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=MUT7LZHY05P00

APPLICANT: Mr S Bostock

AGENT: Mr J Cottrill

PROPOSAL: Erection of a two storey extension to guesthouse (Use Class C1)

LOCATION: Drovers Inn Dallowgill Ripon North Yorkshire HG4 3RH

REPORT

SITE AND PROPOSAL This application is for the erection of a two storey extension to the ‘Moorhouse’ guest house located on the Dallowgill Estate at Ripon. The Moorhouse is a successful shooting lodge in- season and a popular guesthouse/B&B outside the shooting season.

The extension is proposed on the site of the Drovers Inn which was demolished following substantial fire damage to the structure in March 2013. The extension will provide further letting rooms on the first floor and a lounge/function room with kitchen and utility area on the ground floor. The proposed building will create the third side to a parking court and will present a new frontage to the road.

The proposal is to create a building which would be used as a 3-bedroom extension to the existing B&B (Use Class C1) in the shooting season, making a building big enough to accommodate entire shooting parties. The applicant has indicated that for the rest of the year the new development would be let in its entirety as a self-contained 3-bedroom holiday cottage, however this is not what has been applied for and would be in a separate use class (Use Class C3). The Drovers Inn previously provided support to the Moorhouse guest house as a lounge bar and as a Public House serving non-guests, thus providing a community facility.

The site is within the Area of Outstanding Natural Beauty and in close proximity to East Nidderdale Moors Flamstone Pin-High Ruckles Site of Special Scientific Interest (SSSI).

There is a Public Right of Way (PROW) in close proximity to the proposed extension.

MAIN ISSUES 1. Policy And Principle 2. Loss Of A Community Facility 3. Economic Impacts 4. Landscape And AONB 5. Design 6. Ecology 7. Highways And Accessibility 8. Environmental Health 9. Amenity 10. Public Right Of Way

RELEVANT SITE HISTORY No relevant site history

CONSULTATIONS/NOTIFICATIONS

Environmental Health No objections subject to conditions

Economic Development Officer Supports the application

Planning Policy Objects on policy grounds contrary to policy CFX as no marketing of the land

Conservation and Design Section No objections as design changed through negotiation

Natural England Sites Within AONB No objections

Parish Council LAVERTON

Footpath Officer - NYCC No objections subject to conditions on no obstruction to PROW

NYCC Highways And Transportation No objection Landscape Officer No objection to replacement building

AONB - Joint Advisory Committee No comments received

RELEVANT PLANNING POLICY NPPF National Planning Policy Framework CSSG3 Core Strategy Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt CSSG4 Core Strategy Policy SG4 Settlement Growth: Design and Impact CSEQ1 Core Strategy Policy EQ1: Reducing risks to the environment CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt CSTRA1 Core Strategy Policy TRA1: Accessibility CSJB1 Core Strategy Policy JB1: Supporting the Harrogate District economy LPC01 Harrogate District Local Plan (2001, as altered 2004) Policy C1, Conservation of Nidderdale A.O.N.B LPC02 Harrogate District Local Plan (2001, as altered 2004) Policy C2, Landscape Character LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPCFX Harrogate District Local Plan (2001, as altered 2004) Policy CFX, Community Facilities Protection SPGLAP Supplementary Planning Guidance, Landscape Character Assessment of Harrogate District

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 03.12.2013 PRESS NOTICE EXPIRY:

REPRESENTATIONS LAVERTON PARISH COUNCIL - Supports the application

OTHER REPRESENTATIONS 42 letters of objections on the following grounds: - Landmark pub in unique setting popular food and refreshment stop - Application does not benefit the local people. Pub was hub of Dallowgill and a community asset. Failure to rebuild a community meeting place and removing the possibility of reinstating as on same footprint as the former pub - Contrary to the NPPF should promote opportunities for meetings between members of the community who might not otherwise come into contact with each other. Plan positively for shared/community facilities, meeting places, cultural buildings and public houses to enhance sustainable communities and residential environments - Contrary to the principles of the NPPF established facilities and services develop in a way that is sustainable and retained for community benefit. Promote the retention and development of local services. - Contrary to Local Plan proposals involving the loss of land or premises in community use will not be permitted, except where conditions met. These conditions have not been met in this case. - Astonishing that Parish Council supports application which means Dallowgill loses its only location for a public gathering - Locals have to travel significantly further to meet creating pollution and road hazards - Plenty of guest houses in the area and extension not needed and only open small proportion of the year - Replacement pub needed for walkers, cyclists, equestrians, shooters and farmers, caravaners, darts and domino team and of social importance - Loss of two full time and one part time job and supporting jobs including maintenance jobs, local brewers, delivery drivers and others. Helping local businesses survive and bringing revenue to the area. Viability of local businesses already under pressure - Alternative solution that satisfies the owners commercial interests and retention of community resource. Rebuilt as hostelry and serve as B&B for shooting guests rather than private lounge/function room - ‘The Moorhouse’ caters for visitors from afar and not local community - The need of B&B already met with existing B&B and other guests houses in the area. - Existing buildings at B&B do not have full occupancy for most of the year other establishments nearby could fulfil need for rooms - Contrary to NPPF the provision of expansion of tourist and visitor facilities in appropriate locations where identified needs not met by existing facilities in rural service centres - Without pub then guest house less appealing place to stay - Pubs closing in England do not allow this to be lost - Other facilities in area lost including the Old school, St. Peters Church, outdoor centre and pub, therefore no focal point - Contrary to NPPF promoting healthy communities and gathering space in the area - Diminish quality of life in this rural area and consequent drop in property values - Detrimental to the character of the Area of Outstanding Natural Beauty - Loss of 150 year old pub and heritage asset - Fire polluted the land and water courses and adjacent trees died from contamination - Adverse effect on the character and appearance of the property - Viability of the premises as a business was main focus of the application to rebuild. Questioning re-build costs and expanded B&B being a more sustainable business as indicated by the Economic Development Officer

VOLUNTARY NEIGHBOUR NOTIFICATION None

ASSESSMENT OF MAIN ISSUES

1. POLICY CONTEXT AND PRINCIPLE - The National Planning Policy Framework March 2012 (NPPF) sets out the Government’s planning policies for England and how these are expected to be applied. Planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework is a material consideration in planning decisions. There is a presumption in favour of sustainable development and the NPPF advises that there are three dimensions to sustainable development: economic, social and environmental.

Paragraph 28 of the NPPF sets out the Government’s policy on rural economic growth stating that planning should support economic growth in order to create jobs and prosperity by taking a positive approach to sustainable new development. Specifically it outlines to:

- “support the sustainable growth and expansion of all types of business and enterprise in rural areas through well designed new buildings; - support sustainable rural tourism and leisure developments that benefit businesses in rural areas, communities and visitors, and which respect the character of the countryside. This should include supporting the provision and expansion of tourist and visitor facilities in appropriate locations where identified needs are not met by existing facilities - promote the retention and development of local services and community facilities in villages, such as local shops, meeting places, cultural buildings, public houses”

Paragraph 56 of the NPPF states that “the Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning and should contribute positively to making places better for people”. Paragraph 57 states it is important to plan positively for the achievement of high quality and inclusive design including individual buildings, public and private spaces

Paragraph 69 outlines the principles for promoting healthy communities. Paragraph 69 states “The planning system can play an important role in facilitating social interaction and creating healthy, inclusive communities. Local planning authorities should create a shared vision with communities of the residential environment and facilities they wish to see”. “Planning policies and decisions should aim to achieve places which promote:

- opportunities for meetings between members of the community who might not otherwise come into contact with each other, including strong neighbourhood centres which bring together those who work, live and play in the vicinity”

Paragraph 70 aims “To deliver the social, recreational and cultural facilities and services the community needs, planning policies and decisions should:

- plan positively for the provision and use of shared space, community facilities (such as local shops, meeting places, public houses) and other services to enhance the sustainability of communities and residential environments; - guard against the unnecessary loss of valued facilities and services particularly where this would reduce the community’s ability to meet its day-to-day needs; - ensure that established shops, facilities and services are able to develop and modernise in a way that is sustainable, and retained for the benefit of the community;

Paragraph 115 of the National Planning Policy Framework states that great weight should be given to conserving landscape and scenic beauty in the Areas of Outstanding Natural Beauty.

These national planning policies are reflected in the local policies contained within the Harrogate District Core Strategy and the Harrogate District Local Plan (HDLP).

In addition as the site falls within the AONB the Nidderdale Area of Outstanding Natural Beauty (AONB) - Management Strategy (2009 – 2014) and Heritage Strategy (April 2009) are also material considerations. The Management Plan is a spatial strategy that addresses the need to manage change. The Heritage Strategy, approved April 2009, identifies the objectives, policies and actions required for the sustainable management of heritage in the AONB.

Policy JB1 of the Harrogate District Core Strategy states The Borough Council will work with its partners and communities to maintain and enhance the economic role of the District and support innovation ad enterprise with particular importance placed on: b) Developing sustainable holiday tourism throughout the District and enhance it as year round activity

General design guidance for new development is contained in Saved Local Plan Policy HD20. The policy requires that developments take in a number of design principles into account. Amongst these are respect for scale, proportions and height of neighbouring properties, and materials that match the area.

Policy SG3 of the Core Strategy states that outside the development and infill limits of the settlements listed in Policy SG2 of the Core Strategy, land will be classified as countryside and there will be strict control over new development in accordance with national and regional planning policy protecting the countryside and Green Belt.

Policy SG4 states that all development proposals in the District should comply with the following criteria. The scale, density, layout and design should make the most efficient use of land; and a) be well integrated with, and complementary to, neighbouring buildings and the spatial qualities of the local area; b) be appropriate to the form and character of the settlement and/or landscape character. Visual, residential and general amenity should be protected and where possible enhanced. There should be no loss of greenfield land unless justified by national planning policy, the Regional Spatial Strategy, the Core Strategy or a policy or proposal within the Local Development Framework.

Policy HD20 of the Harrogate District Local Plan states that ‘Proposals for new development and redevelopment should take into account the following design principles: a) new buildings should make a positive contribution to the spatial quality of the area and their siting and density should respect the areas character and layout b) new buildings should respect the local distinctiveness of existing buildings, settlements and landscape setting c) new buildings should respect the scale, proportions and height of neighbouring properties d) new building design should respect, the character of their surroundings and in important locations should make a particularly strong contribution to the visual quality of the area e) fenestration should be well-proportioned, well balanced within the elevation and sympathetic to adjoining buildings f) the use and application of building materials should respect materials of neighbouring buildings and the local area g) new development should be designed with suitable landscaping as an integral part of the scheme h) special consideration will be given to the needs of the disabled i) new development should respect the privacy and amenity of nearby residents and occupiers of adjacent buildings j) new development should maximise the opportunities for conservation of energy and resources through design, layout, orientation and construction

Development which is contrary to these design principles will not be permitted

Policy C1 states that within the Nidderdale Area of Outstanding Natural Beauty, priority will be given to the conservation of the natural beauty of the landscape. Within this area a) development which would have a significant adverse impact on the landscape will not be permitted b) development should, wherever possible be located in or adjacent to existing settlements e) where development is permitted the highest standards of design will be required which should reflect the local distinctiveness of the area

Policy C2 (Landscape Character) of the Local Plan states that development should protect existing landscape character. The landscape character of the District comprises a wide range of physical and man-made elements which contributes to countryside character which produces characteristics such as significant views or settings.

Related to this policy are policies EQ1 and EQ2 of the Core Strategy the former seeks to reduce energy consumption while policy EQ2 is targeted at protecting high quality natural and built form.

In terms of community uses within the District Policy C1 of the Core Strategy states that proposals for the use and development of land will be assessed in having regard to community needs within the District, with particular importance placed on various groups, including young people.

Furthermore policy CFX of the Harrogate District Local Plan states proposals involving the loss of land in community use, including public houses will not be permitted except where it can be shown that: a) continued community use would cause unacceptable planning problems b) a satisfactory replacement facility is provided, in a suitably convenient location for the catchment served, prior to the commencement of development c) there is no reasonable prospect of: i) the existing use continuing on a viable basis with all options for continuance having been fully explored as a priority and thereafter ii) securing a satisfactory viable alternative community use

2. LOSS OF A COMMUNITY FACILITY - A key principle of sustainable development is to meet the needs and aspirations of local communities, by providing access to community facilities. They make a significant contribution to quality of life and localised facilities can form a focus for community living and a spread of community facilities across urban and rural areas is vital to meet the needs of residents in the District.

In recent years many community facilities in the District have been lost to alternative uses. Policy CFX therefore plays an important role in assisting with the continued provision of community facilities, by seeking to influence their retention in the face of development pressures.

In terms of the Harrogate District Local Plan ‘community facilities’ are defined as facilities which serve the local community including public houses and land previously occupied by community buildings.

Proposals involving the loss of land or premises in community use will not be permitted, except where it can be shown that the development complies with Criteria A, B or C of policy CFX.

The Policy Section of the Council have made the following comments on the proposed development:

“Since the application does not indicate that continued community use would cause planning problems, and does not propose a replacement facility, the requirements of criteria A and B are not met. Criterion C requires there to be no reasonable prospect of the existing use continuing on a viable basis with all options for continuance having been fully explored, and thereafter, no reasonable prospect of securing a satisfactory viable alternative community use”.

In order to assess the prospect of the existing use of licenced premises continuing on a viable basis, or in this case being re-instated on a viable basis a Development Appraisal Report was submitted in January 2014 as an addendum to the application (which was circulated to members on the 17th January 2014 at the request of the applicant), and further information regarding the viability of re-instating the pub was provided to the Council’s Valuation Surveyor.

The Councils Valuation Surveyor’s report highlights that while an insurance pay out on the destroyed building would cover around two thirds of the cost of re-instating the pub, the final third would need to be borrowed, and in order to service this investment the pubs takings would need to increase substantially to cover an almost fourfold increase in rent. The report concludes that this is unlikely to be achieved and, as a result, reinstatement on this basis is not viable.

The Council’s Economic Development Officer commented with regards to its viability as a business that “we acknowledge the fact that the rent for the Drovers’ Inn had to be maintained at a low cost over a number of years to ensure that the business could survive. It therefore seems highly unlikely that a new pub, which would incur significant additional costs and therefore demand a significantly higher rent, could be financially sustainable”.

This is confirmed by the Councils Valuation Surveyor “the business was profitable in large part because the tenants were paying a low rent and low rates. The applicant has had to accept a very low rent for the premises over many years, effectively subsidising the pub and allowing it to stay in business”. The applicant argues that it would not be viable to reinstate the pub.

The applicant has submitted QS costs of developing the proposed new building as a replacement pub and the rebuild costs quoted are considered accurate. It may well be that even with a more modern facility, the rent would have to remain low; it is even possible that, without the “character” of the original building, trade would decline.

It is concluded by the Councils Valuation Surveyor that: “At a time when country pubs are closing in large numbers, and in the light of the previous trading history (successful so far as it goes but highly-constrained by location and size) a fairly remotely-located small pub seems unlikely to attract investment…… therefore it is highly unlikely that anyone would buy the land as a site on which to erect a pub”.

However the advice from the Valuation Surveyor does have to be considered alongside Advice that from the Policy Section of the Council who conclude that: “Notwithstanding the fact that the Surveyor’s report suggests that a pub business on the site would be unable to cover the investment required to re-instate the facility, criterion C requires all options for continuance to be explored. The accompanying text to Policy CFX identifies that for proposals involving the loss of land presently or last in community use which do not satisfy criteria A or B, such as in this case, the applicant will normally be required to provide evidence covering the results of reasonable attempts to actively market the land or premises for sale or lease, at the existing use value. However the applicant has made clear that the site is part of the Dallowgill Estate, and there is no desire to sell now or in the future, in part because the current proposal is required to replace the element of the Drover’s Inn facility that supported the estate’s shoot business.

They have continued “In order to meet the policy requirement to explore all options, it is worth considering the interconnected nature of the former pub business, the guesthouse business, and the applicant’s shoot business. In the Development Appraisal Report the applicant describes the core business of the Dallowgill Estate as “the provision of game shooting, accommodation and food to shooting parties during the shooting season (12th August to 1st February)”.

The applicant’s Design and Access Statement does highlight that during shoots the former Drovers Inn played an integral part in the shoot business, providing a lounge bar for the reception and entertainment of guests. It also confirms that the current proposal includes a “lounge/function room that will go some way towards replacing what was lost in the Drovers Inn fire in support of the estate’s shoot business”.

The policy consultation has concluded by stating that Policy CFX: Community Facilities Protection is to encourage the retention of community facilities in order to ensure that people have good access to a range of services. Where a loss is proposed the applicant should provide details of active marketing. In this case these details have not been provided and therefore this application conflicts with the policy.

It should be noted that during the course of the application it was suggested to the applicant that the replacement facility be designed with the lounge/dining room including a bar and operating with a dual function providing facilities for the B&B and to be used by the surrounding community, much the same as the ‘Drovers Inn’ did previously.

The applicant considered that this could not be achieved without a higher specification catering kitchen and the costs would be prohibitive. In addition he considered that the noise from the use of this area as a public lounge would have a detrimental impact on the customers of the guest rooms above. A replacement facility on this basis was considered an option which would have satisfied criteria C of policy CFX but not one that the applicant was willing to pursue.

Officers have therefore concluded that without any marketing undertaken and the applicant not willing to consider a replacement facility as part of the submission, the requirements of CFX have not been met.

3. ECONOMIC AND TOURISM IMPACTS - The Council’s Economic Development team have supported the proposed extension to The Moorhouse B&B on the former site of The Drovers’ Inn and stated:

“whilst we have sympathy with the views expressed by a large number of objectors to the application and regret the tragic loss of the public house and community facility, we now have to recognise the economic reality in terms of securing a viable future for a business at this location………”

They have continued by stating “It is also worth noting the decline of the traditional pub in recent years as they have increasingly struggled to maintain their economic viability. The Moorhouse B&B is a successful business in the rural area. It provides local employment and supports tourism. We therefore support the proposed development and growth of the Moorhouse B&B which will help to ensure its long term success. This links to the council’s own strategic priorities of ‘growing the visitor economy’ and ‘supporting business growth and job creation’ within our Strong Local Economy Action Plan”.

The Councils Valuation Surveyor concurs that the application seeks to enhance an existing rural business. Running shoots is a core part of the business of the estate, and a larger B&B facility could potentially make this part of the business more profitable. There is no question either that The Drovers Inn was, in its own way, a successful enterprise, in that it was a popular pub and served its locality and holiday-makers well.

In terms of economic impacts the application form states that the current guest house employs 4 full-time employees and the proposed extension will create 1 additional full-time employee. However the supporting information outlined that the public house provided two full time workers which would be lost if the public house was not rebuilt.

On this basis it would appear that there is the loss of one full time job which is clearly an economic dis-benefit to the area.

4. LANDSCAPE AND AONB - The Councils Landscape Officer has indicated that as there was a building on the site previously there would not be a landscape objection in principle to a new building. However comments were made that the design scale and materials would be important in this highly visible location. In addition any domestic curtilage should be kept to the minimum, avoiding excessive signage, lighting or domestic paraphernalia from prominent views across the open landscape.

The AONB Joint Advisory Committee’s role in commenting on applications for development is to primarily inform the Local Planning Authority about the nature and extent of harm to the AONB’s landscape that could result from development. They do not believe that the proposal to extend the guest house will cause harm and re-development of the site for business use by the Dallowgill Estate has the capacity to cross-subsidise management of features that are of international importance for nature conservation.

It is therefore considered that the proposal will not have a detrimental impact on the AONB and complies with the NPPF and Policies EQ2, C1 and C2.

5. DESIGN – Given the sensitive location of the site it is important that the design, materials and scale respond to other buildings in this location and respects local vernacular and style as this is a highly visible location adjacent to the public highway and visible in a number of long distance views from public rights of way.

Through negotiation amendments have been made to the design of the building and it is now considered that the new building reflects local distinctiveness, and makes a positive contribution to the area. The design was amended to narrow the gable of the extension and some windows have been omitted from the gables so they appear more solid in line with traditional principles. A bay window was omitted from the front elevation and the arrangement of windows changed to reflect more traditional proportions.

The proposal is consequently considered to comply with the relevant policies in the NPPF and the local policies.

6. ECOLOGY – Comments have been received from Natural England which state:

“This application is in close proximity to East Nidderdale Moors Flamstone Pin-High Ruckles Site of Special Scientific Interest (SSSI). However, given the nature and scale of this proposal, Natural England is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, will not damage or destroy the interest features for which this site has been notified.” Natural England advises that the proposal, if undertaken in strict accordance with the details submitted, is not likely to have a significant effect on the interest features for which North Pennine Moors SAC and SPA has been classified.

The proposal is therefore considered to comply with Policy EQ2 and saved Policy C1.

7. HIGHWAYS AND ACCESSIBILTY - There are no Highway Authority objections to this proposal.

The Core Strategy under policy TRA1 relates to travel and the provision of jobs. While it is acknowledged that the location of the existing guest house and proposed extension is in an isolated rural location it is located in an area which is particularly used by walkers and cyclists.

Officers consider that whilst it is not accessible by means other than a car it does not cause significant harm as to warrant refusal on these grounds.

8. ENVIRONMENTAL HEALTH - The Environmental Health Section of the Council has no objections in principle to the above proposal subject to standard conditions on land contamination and the non-mains drainage system should comply with British Standard 6927 Code of practice for design and installation of small sewage treatment works and cesspools.

9. AMENITY - The proposed extension to the B&B use will not have a detrimental impact on the current levels of residential amenity of the existing B&B or the adjacent residential property, known as ‘Drovers Lodge’ located to the north-west of the site. It is likely that the noise levels from the proposed extension will generate less noise disturbance than the previous public house use.

10. PUBLIC RIGHT OF WAY - There is a public right of way (PROW) running through the site from the road to the front between the gable of the existing B&B and the residential property known as ‘Drovers Lodge’.

The proposed development will not detrimentally impact on adjacent public rights of way (PROW) and there are no objections from the Public Rights of way Officer as long as no works will create an obstruction to the PROW.

CONCLUSION

Whilst the proposal would comply with many of the policies contained within the Core Strategy and Local Plan it would result in the loss of a community facility (public house), thereby reducing the variety of locally based community facilities to the detriment of maintaining a viable and sustainable rural community. A high level of objection has been received from the public about the impacts the loss of the pub will have on the area from a social perspective.

Furthermore insufficient evidence has been submitted to demonstrate that there is no reasonable prospect of a viable operation on the premises in the existing or an alternative community use, contrary to policy CFX of the Harrogate District Local Plan. It is considered that given the lack of community facilities in this rural location that the compliance with other policies contained with the Development Plan is not sufficient to outweigh the harm caused by the loss of this facility.

CASE OFFICER: Ms Claire Barwick

RECOMMENDATION

That the application be REFUSED. Reason(s) for refusal:-

1 The proposal would result in the loss of a community facility (public house), thereby reducing the variety of locally based community facilities to the detriment of maintaining a viable and sustainable rural community. Furthermore insufficient evidence has been submitted to demonstrate that there is no reasonable prospect of a viable operation on the premises in the existing or an alternative community use, contrary to the objectives of the NPPF and policy CFX of the Harrogate District Local Plan