Pip’s Patch

An Association of Rural Communities news report following the meeting of the YDNPA planning committee on Tuesday, February 8.

ENFORCEMENT ACTIONS:

Thornton Rust - The YDNPA committee discussed the new houses on the Thornton Rust Hall estate in closed session. It was agreed that an enforcement notice should be issued immediately as some of the remedial works had not been carried out. The key issue was the need to lower the roofs so that both semi-detached houses were two-storeys high rather than three.

Helwith Bridge, Horton-in-Ribblesdale: The recommendation of the enforcement officer that the smoking shelter at Helwith Bridge Hotel was accepted. It was noted that the publican had written: “If this (the shelter) is unacceptable we will pull it down.” He explained that the shelter was built for the use of nature lovers, bird watchers and also as a train watchers ‘bothy’.

Langar – North Yorkshire County Council will be asked to pay for, or to carry out remedial works to the access and gateway from a field  which is part of Ling Chapel Farm. The planning committee agreed that the enforcement action should be taken against the county council’s highways department as it had mistakenly advised the owner and tenant that they did not need planning permission.

Beamsley – The YDNPA’s solicitor was authorised to pursue prosecution proceedings against the owner of the former telephone exchange at Pacegate, Beamsley. The owner has made various appeals against the enforcement notice issued by the YDNPA but all have been dismissed. As costs were awarded to the Authority by the Planning Inspectorate YDNPA’s solicitor will also seek repayment, possibly by submitting a claim to the Senior Courts Costs Office.  Members were informed that these amounted to over £6,000.

PLANNING APPLICATIONS

Stainforth – Three residents of Stainforth wrote to the YDNPA stating that they had received insufficient notice (just 3.5 days) that the amended plans for the division of Ingle-byre into two dwellings would be discussed at the February meeting. Two of them asked that the decision should be deferred to give appropriate time for consideration and comment. The third pointed out that Ingle-byre had been split into two without planning permission and that the front door of that used as a holiday cottage impeded onto land used for vehicular access by other residents. She added: “If this application is recommended then it seems that it sets a precedent to build and change what you want without going through the proper channels, and get away with it.”

The YDNPA had issued an enforcement notice in September 2010 requiring the cessation of the use of the property as two dwellings. The owners, Mr and Mrs Colau, had then made a retrospective planning application to regularise the sub division. This application included a wind turbine, a glass roof drying area, a gate across the public right of way, retrospective permission for a decking area, a flag and a stone cairn with charity collection box inside. These were deleted from the application. The planning officer reported that a house could be sub-divided so long as this did not have an adverse effect upon the amenity of neighbours or the character of the area, and that the additional unit created would be for local occupancy. In one of the letters of objection it was stated, however: “This has had an impact on ourselves and other local residents for years. It is ourselves and other residents that have been trying to get the YDNP to take action against unauthorised development. Previous documentation referring to Ingle-byre planning applications have mysteriously disappeared in a small fire at the planning office (as stated previously to Stainforth Parish Council).

At the planning meeting N Yorks County Coun John Blackie queried whether the radio transmissions from Ingle Byre would affect the television reception in neighbouring properties. None of the members referred to the residents’ letters or the request for a deferral.  The majority voted to accept the planning officer’s recommendation that permission should be granted so long as one of the dwellings was for local occupancy.

Carlton in Coverdale – N Yorks County Coun Roger Harrison Topham reported that the day after the January planning committee meeting the Foresters Arms at Carlton was closed and was almost completely stripped of the fittings and furniture. At the January meeting the committee had agreed to the proposed alterations to the pub and the conversion of part of it into two cottages, one being for local occupancy and the other tied to the pub. This decision had to be ratified at the February meeting. The members agreed to defer making such a decision so the situation could be clarified. They specifically wanted to know if the land on which the toilet extension would be built would be sold to the pub owners,  and if there was a timetable for re-opening the pub or it being under new ownership.

Malham Moor: The planning committee refused permission for a 30m high 100 kw wind turbine near Lee Gate farm. The total height to top of a tip blade would be 40m. “This is the largest turbine we have considered,” said one member.

South Lakes Dt Coun Kevin Lancaster  commented that if this was approved the YDNPA would not be able to refuse any application for wind turbines. “I am totally in favour of energy generation but this is not the way to do it.” William Weston agreed with the planning officer that the open nature of the site and the visibility of the turbine in that position on the moor would make it unacceptable. He suggested that solar panels should be considered instead.

Grinton parish councillor Harold Brown said he would support the applicant, Frank Carr,  but would prefer two smaller turbines. He warned that a lot more had to be done to support hill farmers. Mr Carr explained that the supermarkets to which the farm was sending meat did expect that the carbon footprint of the producers should be reduced.

In its comments Kirkby Malhamdale parish council stated: “Concern was expressed at the precedence that might be set in the National Park by approval of the application. The visual impact of wind turbines including single turbines, is highly sensitive to siting and it is important that each case is considered on its merits. Planning guidance is needed to clarify the National Park’s policy.”

Austwick: Permission was granted to amend the previously approved application to build five local occupancy dwellings at Pant Head, Austwick. These amendments are to extend the curtilage of three of the dwellings;  to alter the parking arrangements and the provision of bin storage areas;and to slightly alter the vehicular access to the highway.

Although Austwick parish council was happy that three of the houses would be provided with more recreation space it was concerned about not setting a precedent of breaching the housing development boundary. The YDNPA has therefore stated that the garden areas would remain outside of the boundary unless it was formally varied through the LDF review. Planning permission will have to be obtained to add anything to or make any changes to the houses, and that includes conservatories, sheds or greenhouses. The parish council had suggested that the gardens be restricted to personal recreational use only.

The parish council was also concerned about the loss of some bin storage spaces but the planning officer pointed out that for two of the houses there would be access to the back garden and it was not possible to insist that people used the storage spaces provided.

Conistone Moor: The YDNPA Ranger service had applied for full planning permission for the construction of a wooden bridleway bridge over Mossdale Beck. Permission was granted in September but the application was re-submitted because, following detailed investigation into ground levels, it was found that the design had to be altered. It will also be widened to make it easier for horse riders to use it. The new application was approved by the committee.

Arkleside – Permission was granted to convert a partly derelict barn at Arkleside into a home for a game keeper. This is in open countryside but the applicant, Martin Vallance, has demonstrated that there is a need for a rural worker’s dwelling and that there is no alternative accommodation available. Members were impressed by the plans to make this dwelling independent and sustainable and so reducing its impact upon the environment. County Coun John Blackie commended the plans for making the best use of a redundant barn. Grinton parish councillor Harold Brown added that game keepers were very important in such a rural area and there would not be heather on the top of the moors without them. The new dwelling will belong to Mr Vallance’s estate and so will always be the game keeper’s cottage.

Swaleview Caravan Park, near Reeth: In view of the government’s policy about caravan sites as outlined in its “Good Practice Guide for Planning for Tourism” and the way that had been upheld at appeal the members accepted the planning officer’s recommendation that Swaleview Caravan Park should be allowed to operate as a holiday park all year round.

West Burton: County Coun John Blackie said that although Burton cum Walden parish council was saddened that Richard Johnson had not initially applied for planning permission for the erection of a timber building and changed the use of a strip of land to domestic curtilage but it did accept that the building was sited in the least visible place in the field behind his home in West Burton. It did not therefore oppose the retrospective planning application but did ask that the building be restricted to being a kennel for two dogs and that the storage area was used for ancillary domestic purposes only. The retrospective application was approved and the conditions included: the storage and kennels to be used for domestic purposes only; the withdrawal of permitted development rights within the new curtilage; no outside runs for the dogs unless otherwise agreed by the planning authority; and for a dry stone wall to be erected within eight weeks.