Yorkshire Dales National Park Authority Planning Department Yoredale Bainbridge Leyburn North Yorkshire DL8 3EL For the attention of : Wendy Thompson (Area Planning Officer) BY EMAIL TO WENDY.THOMPSON@ YORKSHIREDALES.ORG.UK AND [email protected] 23 July 2020 Dear Ms Thompson Application Number : C/23/116 Application for : full planning permission for the change of use and conversion of agricultural barn to provide holiday accommodation Location of Development : Shed Barn, Swinden Lane, Cracoe We refer to Wendy Thompson’s email of 4 July 2020, addressed to the Cracoe Parish Council, in respect of the above application (a copy of which has been forwarded to us as it was not sent to us directly). We refer to the following:- • the initial letter of objection to the proposed development dated 22 April 2019 (the “Initial Letter of Objection”); • the second letter of objection, in relation to previously amended plans, dated 27 October 2019 (the “October 2019 Letter of Objection); • my email of 15 November 2019 (timed at 2:25 pm) in relation to ownership and rights of access in relation to Swinden Lane (the “Rights of Access Email”); and • the third letter of objection, in relation to previously amended plans, dated 26 March 2020 (the “March 2020 Letter of Objection”), (being together the “Existing Objection Documents”). As you know, the Initial Letter of Objection and the October 2019 Letter of Objection were submitted jointly by various residents of Cracoe. Due to the Covid-19 outbreak and restrictions on social interaction, we have not had the opportunity of canvassing everyone’s views regarding the content of your email of 4 July 2020, the further amended plans nor the report from the Local Highway Authority. So, as was the case with the March 2020 Letter of Objection, we are writing this letter on our own account though we doubt that anyone’s views will have changed in relation to the proposed development. We understand that some people will be contacting you separately about these most recent matters and that Karen Booth may be in touch with you on behalf of the Cracoe Parish Council. Whilst the report from the Local Highway Authority addresses the issue concerning the access from Swinden Lane onto the main road (which for the record we still have concerns about from a safety and suitability perspective) neither your email nor the amended plans address any of Reference 1 the other substantive objections which we raised before in the Existing Objection Documents to the proposed development. With respect, it really does feel like our objections are being addressed on somewhat of a selective basis – with some being taken into account (in which regard we acknowledge that progress has been made) whilst others appear to have been completely disregarded and in respect of which we have not received any response at all – which, I’m sure you will appreciate, is extremely frustrating in that we find ourselves constantly having to write further letters of objection (like this one) just repeating much of what we’ve said before. To be honest, we are really beginning to wonder whether there’s any real point in raising objections to this proposed development – as we don’t appear to be making any progress on the remaining key issues. So, at the risk of repeating ourselves for the umpteenth time, we list below the various objections (as contained in the Existing Objection Documents) which have still not been satisfactorily addressed (in part or at all). These also contain some additional comments (including in response to some of the points raised in your email of 4 July 2020), where appropriate (we do not though intend to repeat in full all our existing objections):- 1. Swinden Lane Access Issues – Suitability and Ownership/Legal Rights of Access Whilst we acknowledge the views of the Local Highway Authority, with respect their report does not address the suitability of Swinden Lane itself as a means of access (only the question of visibility and safety at the junction). As we’ve said previously, Swinden Lane is in private ownership – in fact the relevant section is owned by two separate persons (neither of whom are the applicants). It is not a public highway and has not been adopted as such. In this regard, we note that in the further amended plans there remains a small comment tucked away in the bottom left hand corner of one page which reads:- “County highways authority have raised no objection to the use of the lane”. As mentioned in our March 2020 Letter of Objection, with respect, County highways views on the use of the lane itself are irrelevant as it is privately owned and it has nothing to do with them. In light of the private ownership of Swinden Lane we would repeat all the comments about legal rights of access, and the effect of s34(1) of the Road Traffic Act 1988 (as amended) made in the Rights of Access Email. In particular, that it is a criminal offence to drive a mechanically propelled vehicle on a footpath, bridleway or restricted byway without lawful authority. Swinden Lane is a public bridleway – indeed, as you’ll know, there is a Yorkshire Dales National Park Authority sign at the top of the lane referring to the Natural Environment and Rural Communities Act 2006. That sign makes it clear that Swinden Lane cannot be used for vehicular access by the public. So, if someone uses a footpath or bridleway for vehicular access, it will be a criminal offence unless they have the consent of the landowner, who is considered to be ‘the lawful authority’ i.e. that is can be shown that there is a private right in place for the relevant people to use the accessway by the relevant means to gain vehicular access to the relevant property. Under the Road Traffic Act 1988 the burden of proving that there is such a vehicular right of way in place rests with the defendant. The prosecution does not have to show that there are no vehicular rights, but rather the defendant has to show that there are such vehicular rights in place. Reference 2 In addition, any such use with lawful authority can only take place so long as the usage will not cause a public nuisance to other highway users – walkers, cyclists and people on horseback. Whilst the number of bedrooms has reduced from 7 to 4, this still results in a significant number of additional vehicles having to enter, exit and drive up and down Swinden Lane (possibly in addition to access by the proposed 2 part- time staff). To re-iterate what we have said before – whilst the applicants themselves probably do have personal rights of access, as the owners of Shed Barn, that would not extend (without the existence or granting of appropriate rights by a past or both of the current owners of Swinden Lane) to paying visitors, contractors / developers / workpersons and staff. We have asked before, and on more than one occasion, what steps Yorkshire Dales National Park has taken to ensure that valid legal rights of access exist, in respect of the proposed use but to date we have not heard from you in this regard. In particular, have the applicants provided clear, documented proof that the required legal rights of access exist in respect of Swinden Lane – if so, please could you provide copies of the relevant documentation for review – if not, why have you not investigated this further and asked for the appropriate documentary evidence to be provided ? We look forward to hearing from you about this. Additionally, we would repeat the comments made in our Initial Letter of Objection. Swinden Lane is an unsealed public bridleway which is used by walkers (including local dog walkers), horses and their riders, cyclists and farmers to access the farm land which lies beside the whole length of Swinden Lane (which carries on beyond Shed Barn for some distance). It has a rough unfinished surface and is narrow – only suitable for small farm vehicles. There are no passing places along Swinden Lane. It was surface-dressed a few years ago (using quarry waste from Swinden quarry and financed out of local community funds) but the surface is now beginning to break up again – with the disintegration starting from the top of Swinden Lane but, in particular, in the section which leads from the wooden farm gate (which is located about 150 yards from the start of Swinden Lane) and the railway bridge. The section leading to the railway bridge is also prone to flooding as the brook which runs to the West of Swinden Lane (looking North and before the first wooden gate) regularly overflows its banks during periods of rainfall and that water flows down the access track towards the area of the railway bridge. The section of track underneath the railway bridge (except in periods of really dry weather) is permanently waterlogged and somewhat of a mud quagmire because it is in a dip at a lower level than the surrounding ground - walkers have to negotiate a narrow slightly raised path/ledge underneath the bridge but that path/ledge itself also suffers from surface water and mud (splashed from vehicles passing under the bridge). We remain concerned about the further deterioration to the surface of Swinden Lane which this development and increased traffic flow will inevitably cause – bearing in mind also that this is a public bridleway. What assurances can you provide that this will not happen – in particular, we would like to understand the applicants’ proposals in this regard.