Barn To The North East of Elmsley Lodge, Ben Rhydding Drive, Ilkley, Bradford, LS29 8AJ

Barn To The North East of Elmsley Lodge, Ben Rhydding Drive, Ilkley, Bradford, LS29 8AJ — City of Bradford Metropolitan District Council — Appeal Decision Site visit made on 29 November 2022 by C Megginson BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 20 December 2022 Appeal Ref: APP/W4705/W/22/3308635 Barn To The North East of Elmsley Lodge, Ben Rhydding Drive, Ilkley, Bradford LS29 8AJ • 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 AC Sim against the decision of City of Bradford Metropolitan District Council. • The application Ref 22/01252/FUL, dated 17 March 2022, was refused by notice dated 9 May 2022. • The development proposed is described as a change of use from agricultural barn store to single storey house. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: • Whether the proposal is inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies; and • Whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the proposal. Reasons Whether inappropriate development 3.

Barn To The North East of Elmsley Lodge, Ben Rhydding Drive, Ilkley, Bradford, LS29 8AJ — City of Bradford Metropolitan District Council — Appeal Decision The appeal site lies within the Green Belt. The Council indicates that there are no relevant development plan policies relating to the Green Belt and I have not been referred to any local level Green Belt Policy by the parties. The Council’s reason for refusal, insofar as it relates to Green Belt implications, refers solely to the Framework. Under these circumstances and given that the Framework provides the Government’s up-to-date policy intentions for Green Belt, I give it significant weight in my determination of this appeal. 4. The Framework identifies that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. It goes on to state that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. The Framework further establishes that the construction of new buildings in the Green Belt https://www.gov.uk/planning-inspectorate

Barn To The North East of Elmsley Lodge, Ben Rhydding Drive, Ilkley, Bradford, LS29 8AJ — City of Bradford Metropolitan District Council — Appeal Decision Appeal Decision APP/W4705/W/22/3308635 should be regarded as inappropriate, subject to a number of exceptions as set out in paragraph 149. The term ‘building’ refers to any structure or erection and it therefore includes walls and fences. I have no evidence before me to demonstrate that the development meets any of the exceptions set out in paragraph 149. 5. Paragraph 150 of the Framework sets out the categories of development which may be regarded as ‘not inappropriate in the Green Belt, provided they preserve its openness and do not conflict with the purposes of including land within it’ including amongst other things, 150d) ‘the re-use of buildings provided that the buildings are of permanent and substantial construction.’ 6. The appeal site includes an open fronted shelter which was constructed in the 1970s and has been used to store farm machinery, plant and equipment. The structure includes a series of timber roof beams and timber posts including telegraph poles, railway sleepers and tree trunks and the roof and walls are clad in sheeting. The floor is part concrete and part earth. 7. The appeal scheme would include a timber framed structure with a metal profiled roof covering.

Barn To The North East of Elmsley Lodge, Ben Rhydding Drive, Ilkley, Bradford, LS29 8AJ — City of Bradford Metropolitan District Council — Appeal Decision Though the structure is capable of supporting applied lateral loadings, the structural report details that the dwelling would be constructed inboard of the existing timber columns and as such the external timber columns would be relieved of a large part, if not all of the load. 8. I accept that the conversion and re-use of an existing non-residential building for residential purposes would reasonably be expected to require a certain degree of alteration and adaptation. Nevertheless, the requirement at paragraph 150d) is for the re-use of a building of permanent and substantial construction. In my judgement, for the purposes of assessment against the exceptions for development considered to be not inappropriate within the Green Belt, this implies the need for a building to be more than just capable of conversion through being structurally sound in the context of the timber framework. This requires a building to be capable of conversion in respect of the existing building fabric. 9. In this instance, the extent of the works which would be required would be far in excess of what could reasonably be regarded as representing the re-use of a building of permanent and substantial construction.

Barn To The North East of Elmsley Lodge, Ben Rhydding Drive, Ilkley, Bradford, LS29 8AJ — City of Bradford Metropolitan District Council — Appeal Decision I do not therefore consider that the proposed development would meet the criteria set in paragraph 150d). Openness 10. The essential characteristics of Green Belts are their openness and their permanence. Openness is an essential characteristic of the Green Belt that has spatial as well as visual aspects. The appeal scheme would include a reduction in footprint of the existing buildings on the appeal site and the plot area would be restricted to the footprint of the existing buildings and the existing yard area. Established trees close to the building and access road would be retained and the proposed landscaping would offer additional screening. 11. Despite the above, the proposals would introduce car parking and a residential curtilage, with accompanying domestic paraphernalia. By virtue of its location, any domestic paraphernalia associated with the residential curtilage and the parking of cars would result in a small but harmful reduction to the openness of the Green Belt. For this reason, the appeal proposal would be inappropriate https://www.gov.uk/planning-inspectorate 2

Barn To The North East of Elmsley Lodge, Ben Rhydding Drive, Ilkley, Bradford, LS29 8AJ — City of Bradford Metropolitan District Council — Appeal Decision Appeal Decision APP/W4705/W/22/3308635 development in the Green Belt, which is, by definition, harmful. It would fail to preserve the openness of the Green Belt and therefore would conflict with Paragraph 150 of the Framework. Other considerations 12. My attention has been drawn to other developments within the Green Belt including the conversion of nearby stables to a dwelling house. I have limited evidence in relation to these cases and from the limited evidence I have on the stables conversion it appears that the building could reasonably be considered to be of permanent and substantial construction. The circumstances in each proposal are likely to be different and it has not been sufficiently demonstrated how this site or the other cases listed are directly comparable to the appeal proposal or that they lead me to consider the development to be acceptable. In any event, I have considered this appeal on its own merits which is a fundamental principle that underpins the planning system. 13. The Council have recognised that there is a shortfall in housing land relative to the requirements. Small sites can make an important contribution to overall housing land supply.

Barn To The North East of Elmsley Lodge, Ben Rhydding Drive, Ilkley, Bradford, LS29 8AJ — City of Bradford Metropolitan District Council — Appeal Decision Given the shortfall I attach moderate positive weight to the delivery of an additional dwelling. 14. Details of landscaping, including native hedging, trees and shrubs are provided. This would bring biodiversity benefits and landscape enhancement and I afford this matter moderate weight. The Green Belt Balance and Conclusion 15. The development is inappropriate development in the terms set out by the Framework and results in a small but harmful loss of openness to the Green Belt. The Framework requires that substantial weight should be given to any harm to the Green Belt. Very special circumstances will not exist unless the harm to the Green Belt and any other harm is clearly outweighed by other considerations. 16. I attach moderate positive weight to the contribution the appeal site would make to boosting the supply of housing and providing housing where a 5-year housing land supply cannot be demonstrated. I also attach moderate positive weight to the environmental benefits of the scheme. However, these other considerations would not clearly outweigh the harm to the Green Belt by reason of inappropriateness and loss of openness.

Barn To The North East of Elmsley Lodge, Ben Rhydding Drive, Ilkley, Bradford, LS29 8AJ — City of Bradford Metropolitan District Council — Appeal Decision Consequently, the very special circumstances required to justify a grant of planning permission have not been demonstrated. 17. The fact that the Council cannot demonstrate a 5-year housing land supply triggers the circumstances in paragraph 11 d) of the Framework. However, in this case the application of policies in the Framework that protect the Green Belt provide a clear reason for refusing the proposed development in accordance with paragraph 11 d)(i). As such, the presumption in favour of sustainable development does not apply. 18. I have considered all other matters raised, but none outweigh the conclusions I have reached. The proposal is contrary to policies in the Framework which seek to protect the Green Belt. Material considerations do not indicate that a decision should be taken other than in accordance with the Framework policy. https://www.gov.uk/planning-inspectorate 3

Barn To The North East of Elmsley Lodge, Ben Rhydding Drive, Ilkley, Bradford, LS29 8AJ — City of Bradford Metropolitan District Council — Appeal Decision Appeal Decision APP/W4705/W/22/3308635 Having considered all other matters raised, I therefore conclude that the appeal should be dismissed.

Barn To The North East of Elmsley Lodge, Ben Rhydding Drive, Ilkley, Bradford, LS29 8AJ — City of Bradford Metropolitan District Council — C Megginson INSPECTOR https://www.gov.uk/planning-inspectorate 4