Item 5 North York Moors National Park Authority Planning Committee 18 April 2019 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 None Appeals Received None Appeals Determined Reference Number Appellants Name and Appeal Decision Location NYM/2018/0587/FL Mr Mark Hall Dismissed Ainthorpe House, 1 Brook Lane Ainthorpe 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. (e) Numbers of Planning Applications Determined Details of current planning applications which were submitted over 13 weeks ago are attached at Appendix 4. Andy Wilson Chief Executive (National Park Officer) Chris France Director of Planning Appendix 1 Appeal Decision Site visit made on 26 February 2019 by Laura Renaudon LLM LARTPI Solicitor an Inspector appointed by the Secretary of State Decision date: 27th March 2019 Appeal Ref: APP/W9500/D/18/3217651 Ainthorpe House, 1 Brook Lane, Ainthorpe, Whitby YO21 2JR • 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. Mark Hall against the decision of North York Moors National Park Authority. • The application Ref NYM/2018/0587/FL, dated 29 August 2018, was refused by notice dated 29 October 2018. • The development proposed is a replacement domestic store (part retrospective) revised scheme to NYM/2018/0372/FL. Decision 1. The appeal is dismissed. Procedural Matters 2. The proposal is described as ‘part retrospective’ by the parties but at the time of my site visit I saw that the external elements of it had been completed. Internally, it differs from the submitted plans in that the ‘Storage Area’ is partitioned off completely. I have considered the proposal as built. 3. The application description was amended by the Authority on 11 September 2018 to ‘demolition of former farm workers restroom and construction of domestic store building together with retaining wall (part retrospective) (revised scheme to NYM/2018/0372/FL)’, to which the appellant has not objected. Main Issue 4. The main issue is the effect of the development on the character and appearance of the host dwelling and the area. Reasons 5. Ainthorpe House forms part of a substantial building to the south of Ainthorpe Lane in Ainthorpe, a small settlement between Danby and Castleton. It is accessed from Brook Lane close to its junction with Ainthorpe Lane. The acute angle of the junction between those roads, and the undeveloped triangular area between them at the junction, is such that the property faces onto both roads. The land rises from the north to the south and the house is set back to the south away from the roads, behind a low-lying garage to the north west of the site at the bottom of the hill. The appeal building lies between this garage https://www.gov.uk/planning-inspectorate Appeal Decision APP/W9500/D/18/3217651 and the house, on the western side of the front curtilage. There is substantial tree cover at the road frontage of this and the neighbouring property to the east, but the property is prominent in views from the approaches along Ainthorpe Lane and Brook Lane from the west. It is also visible from Easton Lane to the east, and from the road and raised footway on Ainthorpe Lane to the north. It is largely surrounded by a stone wall of around a metre in height. 6. A previous building on the site of the appeal building has been demolished, or substantially so, and constructed in its place is a new stone building with a pitched slate roof. It is domestic in appearance, with sash windows facing east into the curtilage, with accompanying shutters, and doors to the south and west. It stands proud of the garden wall and is particularly prominent to its northern end as the wall slopes away, notwithstanding the addition of tree planting around the building. In isolation it is an attractive building, but it is inappropriately prominent in its context, detracting attention from the host dwelling and disturbing the otherwise open front curtilage of the property. The development therefore fails to comply with Policy DP19 of the North York Moors Core Strategy and Development Policies document of November 2008, which requires new development not to detract from the character or form of the original dwelling or its setting in the landscape. Nor does it conform with the advice in the North York Moors Design Guide Supplementary Planning Document of June 2008 that outbuildings should be located in unobtrusive positions in relation to the main dwelling, and it does not accord with design advice in the National Planning Policy Framework of February 2019 requiring developments to be sympathetic to local character and add to the overall quality of the area. 7. There are other outbuildings in the vicinity, some of which are gable-ended and prominent in the roadside to Brook Lane, but their context is different, in that the properties to which they relate face onto Ainthorpe Lane. Those subservient outbuildings are legibly in the rear gardens of those properties. 8. No objection is raised to the demolition of the former building, but insufficient detail of those demolition works, and whether or not they were carried out as a discrete operation, has been supplied to enable me to consider granting permission for that element of the development. The appellant contends that the building results in a negligible change from the former building, and that flat or mono-pitched roofs, as the former building had, are not normally acceptable in the National Park. The existing building is considerably more obtrusive than the previous building, which has in any event been demolished and so is not my starting point for consideration of the existing development, which I find to be harmful. Whether siting it elsewhere in the curtilage could lead to a proliferation of structures is not a matter for my determination in the present appeal. Conclusion 9. For the above reasons, the development does not comply with the development plan for the area and therefore the appeal is dismissed. Laura Renaudon INSPECTOR https://www.gov.uk/planning-inspectorate 2 Appendix 2 List of Planning Applications Determined by the Director of Planning for the Period from 14/02/2019 to 04/04/2019 in the Following Order and then by District: Delegated Planning Applications; Post Committee Applications; on Expiration of Advertisement; on Receipt of Amended Plans and Further Observations; Approval of Conditions; Applications Adjacent to the Park (3024); Notifications Under Schedule 2, Part 6, of The Town & Country Planning (General Permitted Development) Order 2015 Please note that the decision notice for each of the Authority’s applications listed in this report can be found by clicking on the application reference number. York Potash/Sirius Minerals Delegated Applications None Applications Hambleton NYM/2018/0785/FL Approved 25/03/2019 construction of first floor side extension, entrance canopy, dormer windows and linked car port at 12 Dikes Lane, Great Ayton for Mr Rupert Ferrard NYM/2018/0788/FL Approved 18/03/2019 alterations and raising of eaves height at 4 School Lane, Osmotherley for Mr & Mrs J Atkinson NYM/2018/0800/FL Approved 27/02/2019 construction of timber garage at Clay House, Chop Gate for Mr Mike O'Neill NYM/2018/0838/FL Approved 06/03/2019 removal of lean-to extension and bow windows to rear, installation of doors, Juliet balcony and 4 no. rooflights at 70 High Street, Swainby for Mr & Mrs John Theos NYM/2019/0003/FL/R3 Approved 06/03/2019 application under Regulation 3 (Town and Country Planning General Regulations 1992) for installation of 1 no. interpretation board and 1 no. cast iron model with table and benches at land west and north west of Old Sheepfold Farm, Ingleby Greenhow for NYMNPA Ryedale NYM/2018/0605/FL Approved 19/03/2019 construction of garage and store building at Old Byland Hall, Old Byland for Mr & Mrs Mindenhall NYM/2018/0745/FL Approved 22/02/2019 installation of replacement timber garage door (revised scheme to NYM/2017/0182/FL) at Chapel Cottage Annex, Back Lane, Hutton le Hole for Mr George Thompson NYM/2018/0772/CLE Issued 19/03/2019 certificate of lawfulness for use of land and buildings as a haulage yard in excess of ten years at The Haulage Yard, Whinney Hill Farm, Appleton le Moors for F 'n' B Haulage NYM/2018/0819/FL Approved 22/02/2019 Construction of single and two storey rear extensions and alterations of dormer to front elevation together with construction of garage/home office/garden store with landscaping works at Woodbine Cottage, Westgate, Thornton le Dale for Mr and Mrs Waller NYM/2018/0830/FL Approved 25/02/2019 siting of a storage container with timber screen and access path at Car park to the south of The Courtyard, Low Dalby, Thornton-Le-Dale for Forestry Commission NYM/2018/0847/FL Approved 01/03/2019 construction of outbuilding with provision of open loft space for bats at Elleron Lodge, Stape for Mr M Hilliard NYM/2019/0005/FL/R3 Approved 06/03/2019 application under Regulation 3 (Town and Country Planning General Regulations 1992) for installation of cast iron model, seats, 3 no.