Case 3294533

Rose Cottage, Ingleby Greenhow, Great Ayton, MIDDLESBROUGH, TS9 6RF

Hambleton District Council * — appeal dismissed

Outcome
Dismissed
Decision date
28 July 2022
Authority
Hambleton District Council *
Inspector
Megginson C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor general industry/storage/warehousing
Appellant
Mrs Joanne Christon
LPA reference
22/00006/APN
ONS LPA code
E07000164
Jurisdiction
Transferred
Link status
Not Linked
Start date
19 April 2022

Summary AI

The appeal was dismissed due to the proposed building's visual impact on the surrounding area. The Inspector considered that the building would be prominent in the local landscape setting, despite the appellant's arguments. The Inspector also noted that the proposed materials would amplify the incongruous nature of the building.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Rose Cottage, Ingleby Greenhow, Great Ayton, MIDDLESBROUGH, TS9 6RF — Hambleton District Council * — Appeal Decision Site visit made on 5 July 2022 by C Megginson BA(hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 28th July 2022 Appeal Ref: APP/G2713/W/22/3294533 Rose Cottage, Ingleby Greenhow, Middlesbrough, North Yorkshire TS9 6RF • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 6, Class A of the Town and Country Planning (General Permitted Development) Order 2015. • The appeal is made by Mrs Joanne Christon against the decision of Hambleton District Council. • The application Ref 22/00006/APN, dated 2 January 2022, was refused by notice dated 7 February 2022. • The development proposed is an agricultural barn. Decision 1. The appeal is dismissed. Procedural Matters 2. The Council state that the application was refused on 1 March 2022, however, I have three decision notices before me, all dated 7 February 2022.

Page 1 · Chunk 1 Appeal Decision

Rose Cottage, Ingleby Greenhow, Great Ayton, MIDDLESBROUGH, TS9 6RF — Hambleton District Council * — Appeal Decision Included within the reasons on one of the decisions is ‘sufficient information has not been received which demonstrates that the building proposed is reasonably necessary to serve this agricultural unit due to the fact that it is small in nature and already benefits from a building used for storage of machinery and feed which is commensurate with the operation in question.’ However, in the Council’s appeal statement and officer report, they state that they have accepted that the building may be classed as ‘reasonably necessary.’ I have dealt with the appeal on this basis and consider that the proposal complies with the description of permitted development as set out in Schedule 2, Part 6, Class A.1 of the Town and Country Planning (General Permitted Development) Order 2015. Main Issue 3. Development which complies with Class A.1 is subject to the conditions in paragraph A.2. Sub-paragraph 2 of paragraph A.2- requires, amongst other things, the developer to apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the siting, design and external appearance of the building. 4.

Page 1 · Chunk 2 Appeal Decision

Rose Cottage, Ingleby Greenhow, Great Ayton, MIDDLESBROUGH, TS9 6RF — Hambleton District Council * — Appeal Decision Therefore, the main issue is the visual effect of the proposed development on the surrounding area having regard to its siting, design and external appearance. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Rose Cottage, Ingleby Greenhow, Great Ayton, MIDDLESBROUGH, TS9 6RF — Hambleton District Council * — Appeal Decision Therefore, the main issue is the visual effect of the proposed development on the surrounding area having regard to its siting, design and external appearance. https://www.gov.uk/planning-inspectorate Appeal Decision APP/G2713/W/22/3294533 Reasons 5. The appeal site sits in a rural landscape surrounded by agricultural land in a field to the north of the farmhouse. The field features dense screening to the southwest and north-eastern boundaries and hedgerows to the remaining boundaries which give the site an enclosed feel. However, the site rises up from south to north and the proposed building due to its siting towards the centre of the field would be very prominent when viewed from the road to the southeast. 6. Furthermore, due to its siting, isolated from any other buildings or landscape features, it would be visible in mid and long-range views, most notably, from Clay Bank, within the North York Moors National Park, albeit from some distance. I note that the National Park Authority have no objection due, in summary, to its small size, distance from the National Park boundary and intervening woodland screening.

Page 2 · Chunk 4 Appeal Decision

Rose Cottage, Ingleby Greenhow, Great Ayton, MIDDLESBROUGH, TS9 6RF — Hambleton District Council * — Appeal Decision However, they also state that they would advise the re-siting of the barn so that ‘it wasn’t in the middle of the field and was sited alongside one of the boundaries to provide screening from local immediate viewpoints.’ I consider that due to its siting, the proposed building would be intrusive and prominent in the local landscape setting. 7. The form and scale of the appeal proposal would be simple and straightforward and can be considered appropriate for the proposed storage of farm equipment, feed and livestock. The proposed materials would be stone and slate to match the existing dwelling, however, as the building would be remote from the dwelling, the choice of these striking materials in this exposed position would amplify the incongruous nature of the building. The appellant has highlighted agricultural buildings in the local area with similar materials. This may be the case, however, from the evidence before me it appears that these buildings relate closely to other farm buildings where matching materials would be more appropriate. 8.

Page 2 · Chunk 5 Appeal Decision

Rose Cottage, Ingleby Greenhow, Great Ayton, MIDDLESBROUGH, TS9 6RF — Hambleton District Council * — Appeal Decision For the reasons given above, I conclude that the visual effect of the proposed development on the surrounding area, having regard to its siting and external appearance, would be harmful. Therefore, overall, the development would not constitute permitted development under Class A of Part 6 to Schedule 2 of the GPDO. Other Matters 9. The appellant has highlighted other larger scale barns, built out of industrial materials that are located in fields where there are no other buildings. I have limited evidence on these cases. The circumstances in each proposal are likely to be different, and in any event the fact that apparently similar proposals may have been permitted is not a reason, on its own, to allow unacceptable development. 10. There is disagreement between the appellant and the Council as to whether the buildings within 400m of the wider site constitute a protected dwelling. I have insufficient evidence for me to reach a conclusion on this and as the appeal proposal is outside the 400m, it would not alter my conclusions. 11.

Page 2 · Chunk 6 Appeal Decision

Rose Cottage, Ingleby Greenhow, Great Ayton, MIDDLESBROUGH, TS9 6RF — Hambleton District Council * — Appeal Decision I appreciate the appellant’s circumstances and frustration with the process, including their previous prior approval and their desire to find an appropriate location for the building to help them achieve their vision for their farming https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/G2713/W/22/3294533 business. Nevertheless, I have considered this appeal proposal on its own merits and concluded that it would cause harm for the reasons set out above. Conclusion 12. For the reasons set out above, and having regard to all other matters raised, the appeal is dismissed.

Page 3 · Chunk 7 C Megginson

Rose Cottage, Ingleby Greenhow, Great Ayton, MIDDLESBROUGH, TS9 6RF — Hambleton District Council * — C Megginson INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Heritage impact
Against appellant
¶5

The proposed building would be very prominent when viewed from the road to the southeast, and would be visible in mid and long-range views from the National Park. The Inspector considered that due to its siting, the proposed building would be intrusive and prominent in the local landscape setting.

Other
Against appellant
¶7

The choice of striking materials in this exposed position would amplify the incongruous nature of the building. The Inspector considered that the proposed materials would be inappropriate for a remote building.

Other
Against appellant
¶6

The proposed building would be isolated from any other buildings or landscape features, making it visible in mid and long-range views.

Policies relied on

Reference Weight
NPPF 208
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 28 July 2022 under the Open Government Licence.