The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision Site visit made on 8 March 2021 Hearing Held on 19 July 2021 by T J Burnham BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 17th August 2021 Appeal Ref: APP/G2713/W/20/3265303 The Beeches, Moor End Lane, Sowerby YO7 3AL • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a grant of planning permission subject to conditions. • The appeal is made by Mr & Mrs Augur against the decision of Hambleton District Council. • The application Ref 20/02016/MRC, dated 11 September 2020, was approved on 6 November 2020 and planning permission was granted subject to conditions. • The development permitted is variation of conditions attached to application reference number: 17/02674/FUL – Construction of 4 accommodation units in connection with residential courses. • The condition in dispute is No.

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision 6 which states that: The development hereby approved must comply with the following requirements that: (i) the accommodation shall not be occupied other than for holiday purposes, or for the accommodation of candidates on residential training courses operating at The Beeches, or as live-work units for a period not exceeding 18 months per candidate attending a residential training courses operating at The Beeches; (ii) the accommodation shall not be occupied as a person's sole, or main place of residence, unless as live-work units in accordance with (i) above (iii) the owners/operators shall maintain an up-to-date register of the names of all owners/occupiers of the accommodation, and of their main home addresses. The owner/operator shall advise the Local Planning Authority of the name and address of the holder of the records and shall make the information on the register available at all reasonable times to the Local Planning Authority.

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision • The reason given for the condition is: To ensure that the approved accommodation is not used for unauthorised permanent residential occupation and can thereby contribute to the economy without undue demands on local schools, social and health services etc, and in accordance with the objectives of the Hambleton Local Development Framework Policies CP15 and DP25. Decision 1. The appeal is allowed and the planning permission Ref 20/02016/MRC for Construction of 4 accommodation units in connection with residential courses at The Beeches, Moor End Lane, Sowerby YO7 3AL granted on 6 November 2020 by Hambleton District Council is varied by deleting conditions 1 and 6 and substituting for them the following conditions: 1) The development hereby permitted shall begin not later than three years from the date of this decision. https://www.gov.uk/planning-inspectorate

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision Appeal Decision APP/G2713/W/20/3265303 6) The development hereby approved must comply with the following requirements that: (i) the accommodation shall not be occupied other than for holiday purposes, or for the accommodation of candidates on residential training courses operating at The Beeches, or as live-work units for a period not exceeding 18 months per candidate attending a residential training course operating at The Beeches; (ii) the accommodation shall not be occupied as a person's sole, or main place of residence, unless as live-work units in accordance with (i) above; (iii) in the case of occupation of the units as holiday accommodation or for the accommodation of candidates on residential training courses operating at The Beeches, the owners/operators shall maintain an up-to-date register of the names of all occupiers of the accommodation, and of their main home addresses. The owner/operator shall advise the Local Planning Authority of the name and address of the holder of the records and shall make the information on the register available at all reasonable times to the Local Planning Authority. Background and Main Issues 2.

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision Planning approval was originally granted in May 2018 for Construction of 4 accommodation units in connection with residential courses at The Beeches. The units would comprise of four detached bungalows. The original approval was subsequently varied and it is condition 6 which was attached to that approval (Ref 20/02016/MRC) to which this appeal relates. 3. Shortly before the Hearing the appellant submitted revised wording for the condition which they indicated would suit their requirements. It was agreed by the appellant that it was on the basis of this suggested condition that the dispute over the existing condition could be resolved. 4.

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision Planning approval was originally granted in May 2018 for Construction of 4 accommodation units in connection with residential courses at The Beeches. The units would comprise of four detached bungalows. The original approval was subsequently varied and it is condition 6 which was attached to that approval (Ref 20/02016/MRC) to which this appeal relates. 3. Shortly before the Hearing the appellant submitted revised wording for the condition which they indicated would suit their requirements. It was agreed by the appellant that it was on the basis of this suggested condition that the dispute over the existing condition could be resolved. 4.

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision The suggested condition would read: The development hereby approved must comply with the following requirements that: (i) the accommodation shall not be occupied other than for holiday purposes, or for the accommodation of candidates on residential training courses operating at The Beeches, or as live-work units for candidates attending residential training courses operating at The Beeches; (ii) the accommodation shall not be occupied as a person's sole, or main place of residence, unless as live-work units in accordance with (i) above (iii) the owners/operators shall maintain an up-to-date register of the names of all owners/occupiers of the accommodation, and of their main home addresses. The owner/operator shall advise the Local Planning Authority of the name and address of the holder of the records and shall make the information on the register available at all reasonable times to the Local Planning Authority. 5. It was clarified at the hearing that the appeal against condition 6 seeks to remove the 18 month time limit which would apply to those occupying the units as live work units while attending residential training courses at The Beeches. https://www.gov.uk/planning-inspectorate 2

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision Appeal Decision APP/G2713/W/20/3265303 6. The main issue therefore is whether the occupation of the units on that basis should be subject to a time limitation. The appellant alludes to the fact that he considers the 18-month time limit unreasonable. The evidence indicates that the appellant considers that the imposition of the time limit would render the business unsustainable. Reasons 7. The Beeches is set within countryside to the south east of Sowerby, which itself sits adjacent to Thirsk. There is a residential dwelling on the site and a complex of outbuildings which the evidence suggests relate to a cabinetmakers workshop with showroom facilities. The accommodation units, which would number four in total, would be sited on a grassed area closely to the north of the existing cluster of buildings. 8. Within their statement, the appellant outlines that the use of the units on a live- work basis is intended to give an artisan a sustainable future for a developing business. It is outlined that there will be the opportunity to grow skills alongside the appellants, perhaps on the back of courses.

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision The appellant states that it would be unreasonable to think that a developing business should be forced to re-locate once the time limit has been reached. 9. Within the context of offering support to the social and economic needs of rural communities, Policy CP15 of the Hambleton District Council Core Strategy (2007) (CS) does encourage the provision of live-work units. However, it also advises amongst other things that such development should be sustainable, and consistent with the requirements of policies CP1 and CP17 of the CS. 10. Policy CP1 states that proposals will be supported if they promote and encourage or protect and enhance amongst other things the conservation of scarce resources and reduction of their use and encourages the use of sustainable resources. Policy CP17 relates to design quality and states that support will be given to proposals that amongst other things, minimise the use of scarce resources and facilitate access through sustainable forms of transport. 11. The countryside location of the site means that it is severed from services and facilities. The nature of the roads that would need to be used to reach the nearest services and facilities do not lend themselves particularly well to walking.

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision There was disagreement between the parties as to whether cycling to access these would be attractive. 12. However, having viewed the site and the immediate area, neither walking nor cycling to access services and facilities is likely to be particularly desirable, especially during the winter in times of darkness or poor weather, given the limited footway provision and potential for fast moving traffic. 13. There was agreement between the parties at the Hearing that there is no immediately available bus stop nearby. The appellant did suggest that a bus route runs along the lane adjacent to the site and services would set down a passenger on request. However, I have no information about whether passengers can board a bus close to the site and whether this service could be provided by all drivers on the route. 14. Therefore, on the balance of the information before me and from what I heard at the Hearing, there is nothing to indicate that any future occupants of the units would not be largely reliant on a private motor vehicle to access services and facilities. https://www.gov.uk/planning-inspectorate 3

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision Appeal Decision APP/G2713/W/20/3265303 15. At the Hearing, the Council advised me that they would be unlikely to support new dwellings in this location as a result of the countryside location, which amongst other things raises issues with regards to sustainability. Policy CP4 of the CS and Policy DP9 of the Hambleton District Development Policies (2008) are both before me and have their aims on focussing development towards settlements where it would serve to support and sustain them. 16. I consider that much of the justification for the units rests on their close link with the courses. The evidence indicates that the appellants are experts within their own fields and clearly have valuable expertise that they could pass on which would be of significant benefit to attendees. The provision of courses to many attendees would be a rather unique and positive benefit to the area. 17. Whilst the use of the units for accommodation in association with the courses was not subject to a time limitation on the initial planning application, the most recent approval introduced the concept of live-work units, albeit closely tied to candidates on a residential training course and subject to the time limitation. 18.

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision To my mind, this would allow the potential for a course attendee to further develop their learnt skills on a complimentary basis whilst working from a unit for the duration of their course. The time limit would ensure that accommodation could be provided for a reasonably regular turnover of course attendees. 19. At the Hearing, the appellant could provide me with very little detail about the courses that would be on offer and did not suggest any alternative time frame for courses. It was confirmed that the courses themselves would not offer any formal qualification. 20. I appreciate that the appellant intends to offer unique courses, tailored to the individual that would focus on building skills and confidence. However, in the absence of any significant level of detail on their content or length, the removal of the time limit would open up the potential for open ended courses, which would see the units occupied on a more permanent basis, akin to permanent residential accommodation. 21. Further, the units themselves do not appear suitably designed for use as live-work units for any significant length of time.

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision The plans show that they would set up for residential accommodation only and would include two bedrooms, associated shower rooms and an open plan kitchen, dining and living area. Critically, they would not incorporate any dedicated working area, as could reasonably be expected of a live-work unit. 22. There is nothing within the evidence or from what I heard at the Hearing which convinces me that the presence of the time limit would render the business unsustainable. This is particularly the case given the ‘designer maker tailored course’ (the longest course detailed) was envisaged to last between 12 and 18 months. 23. I therefore consider the principle of the condition to be reasonable. Further, for the reasons identified above, I consider the condition necessary. The suggested modification of the condition would fail to comply with policies CP1, CP15 and CP 17 of the CS which amongst other things require that development should be sustainable. 24. However, the wording of the existing condition No. 6 is imprecise and unreasonable, a matter which was discussed at the Hearing. https://www.gov.uk/planning-inspectorate 4

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision Appeal Decision APP/G2713/W/20/3265303 25. This is because the existing condition permits the use of the units as a person's sole or main place of residence as live-work units for a period not exceeding 18 months per candidate attending a residential training course operating at The Beeches. However, it simultaneously requires that the owners/operators shall maintain an up-to-date register of the names of all owners/occupiers of the accommodation, and of their main home addresses under part iii). 26. Whilst this would be relevant to some of the terms of occupation, it is possible that the condition could not be reasonably complied with if the units were occupied on the above terms as a sole or main place of residence. I have therefore reworded the condition accordingly such that it would now meet the conditions tests. 27. At the hearing the Council suggested that the time limit for commencement that had been imposed on approval Ref 20/02016/MRC had expired. This does appear to be the case. However, this does not affect my ability to consider the appeal.

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision This is because in relation to appeals under s79(1) of the Town and Country Planning Act 1990, I have the power to come to a different conclusion to the Council which can include varying the condition for the commencement of the planning permission. 28. The appellant appears to have appealed the condition swiftly after the Council issued its decision. Further time has been added to the appeal period following conversion of the process to allow for the Hearing. The additional time that this introduced to the process may have affected the ability of the appellant to implement the scheme. It would therefore be unreasonable of me to allow the appeal and not extend the time limit to implement the scheme. I have therefore varied condition No.1 to allow for the standard three-year time limit for implementation. Other Matters 29. The planning policy position was clarified at the hearing. Whilst there is an emerging Local Plan, the Council consider the policies most relevant to the appeal should be afforded no more than limited weight as they are the subject of the main modifications which will be the subject of further consultation. I have no reason to disagree and therefore afford the emerging policies limited weight.

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — Appeal Decision Conclusion 30. The modification of the condition sought would fail to accord with the development plan and there are no material indications that a decision should be taken otherwise than in accordance with it. However, the wording of condition No.6 as it stands is both imprecise and unreasonable. The appeal is therefore allowed, subject to the revised conditions detailed above.

The Beeches, Moor End Lane, Sowerby, North Yorkshire, YO7 3AL — Hambleton District Council * — T J Burnham INSPECTOR https://www.gov.uk/planning-inspectorate 5