Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision Site visit made on 14 November 2023 by N Teasdale BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 8th December 2023 Appeal Ref: APP/U2750/W/23/3328017 Ye Olde Sun Inne, Main Street, Colton, Tadcaster, North Yorkshire LS24 8EP • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant full planning permission. • The appeal is made by Mr and Mrs A & K McCarthy against the decision of North Yorkshire Council. • The application Ref 2022/0426/FUL, dated 30 March 2022, was refused by notice dated 15 May 2023. • The development proposed is erection of 1 No. dwelling. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: • The effect of the proposed development on the character and appearance of the surrounding area, including whether it would preserve the setting of the Grade II listed building, Ye Olde Sun Inne; • Whether the proposed development would provide acceptable living conditions for future occupiers in relation to noise and disturbance; and • The effect of the proposed development on highway safety. Reasons Character and appearance 3.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision The appeal site is located within a prominent position along Main Street to the eastern side of the rural and linear village of Colton. The Ye Olde Sun Inne Public House is located within close proximity to the west of the site and the site is readily visible from the footpath and main road. It has previously formed an overflow parking area for the Public House and is otherwise surrounded by residential properties. 4. The Ye Olde Sun Inne Public House is a Grade II listed building. As such, I have a duty under Section S66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirability of preserving the

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision The appeal site is located within a prominent position along Main Street to the eastern side of the rural and linear village of Colton. The Ye Olde Sun Inne Public House is located within close proximity to the west of the site and the site is readily visible from the footpath and main road. It has previously formed an overflow parking area for the Public House and is otherwise surrounded by residential properties. 4. The Ye Olde Sun Inne Public House is a Grade II listed building. As such, I have a duty under Section S66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have special regard to the desirability of preserving the | building or its setting or any features of special architectural or historic interest | | --- | | which it possesses. |

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision | building or its setting or any features of special architectural or historic interest | | --- | | which it possesses. | Planning Policy Framework (the Framework) which states that when considering the impact of a proposed development on the significance of a https://www.gov.uk/planning-inspectorate

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision Planning Policy Framework (the Framework) which states that when considering the impact of a proposed development on the significance of a https://www.gov.uk/planning-inspectorate Appeal Decision APP/U2750/W/23/3328017 designated heritage asset, great weight should be given to the asset’s conservation. 5. The buildings significance is derived from its architectural and aesthetic value. Despite any changes made to its fabric including extensions, the building still exhibits a strong aspect of its original character which is that of a traditional cottage design comprising colourwashed brick with pantile roof, Yorkshire sash with glazing bars, entrance under porch, heightened roofline, chimney stacks and decorative detailing. The building stands out as a very traditional pub and the openness around the Public House to the east reinforces the semi-rural character of the building. It therefore makes a positive contribution to the character and appearance of the surrounding area. I acknowledge claims made regarding the history of the appeal site and curtilage of the Public House. However, the appeal site still forms part of the setting of the listed building and therefore contributes to its overall significance. 6.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision Whilst there is some variety in the village in terms of scale, design, and materials, the properties to the eastern part of the village and to the north of Main Street are predominantly semi-detached properties of modest height and footprint sited close to Main Street. They have simple frontages without any large projections to the front with some examples of traditional enclosed porch elements which are built of predominantly red brick. The Public House and other nearby buildings including the cottages opposite are notable buildings within the village due to their traditional cottage design and they are an important characteristic of the village’s identity. The presence of tree lined verges are also notable features which contribute to the character and appearance of the area. However, this does not undermine my assessment of the overall contribution that the Public House and other nearby buildings make to the character of the village. 7. The proposed development would result in a sizable two-storey detached dwelling located within close proximity to the Public House and other similar styled properties.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision It would have a large footprint, scale, and mass to other smaller in scale nearby buildings and thus would be at odds with the prevailing pattern of development in this particular part of the village. It would comprise a more modern approach including non-traditional detailing such as projecting two-storey gable, garage door to front, lack of chimney feature, open designed porch and lack of vertical emphasis in window design which would jar with the more simplistic form and features of the older buildings including the Public House, surrounding properties and general character of this part of the village. 8. The dwelling would be visible when viewed from Main Street including approaching the site along that road. The overall size and scale of the proposed dwelling together with the non-traditional detailing proposed would result in the property appearing overly prominent in comparison to other properties and would be a stark contrast to the more traditional character. Additionally, it would be set further back from the road and its ridge height would be slightly higher than the Public House and its neighbours to the east.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision Rather than comprise a subordinate addition, the proposed development would be an overly large addition within the street scene, eroding the openness that exists around the listed building. It would draw the eye away from the Public House and other notable nearby properties and would therefore threaten the character and appearance of the Public House and how the Public House is appreciated including its contribution to the village. This would be to the detriment of the https://www.gov.uk/planning-inspectorate 2

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision Rather than comprise a subordinate addition, the proposed development would be an overly large addition within the street scene, eroding the openness that exists around the listed building. It would draw the eye away from the Public House and other notable nearby properties and would therefore threaten the character and appearance of the Public House and how the Public House is appreciated including its contribution to the village. This would be to the detriment of the https://www.gov.uk/planning-inspectorate 2

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision Appeal Decision APP/U2750/W/23/3328017 listed building and its setting as the height and overall volume would appear unduly prominent in its surroundings. The use of high-quality materials, reasoning for the overall positioning and additional planting would not be sufficient to mitigate against this harm. 9. There may be a number of larger properties with a similar footprint and mass within the wider village and I have had regard to the drawings submitted in this regard. However, many of these properties do not form part of the row of properties along this particular part of the village to the north of Main Street which the appeal site relates. The relationship they have and proximity to the Public House is also very different to that of the appeal site. Such properties are therefore read differently as part of the street scene. The property known as Walnut Lodge located to the west of the Public House shares a relatively similar distance to the Public House to that of the appeal site and I acknowledge the comments made regarding footprint and massing. Nevertheless, this property is located closer to the road in a similar way to those further east and comprises a more simple traditional form and detailing.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision This property is not therefore directly comparable to the appeal before me. 10. I accept that the proposed dwelling reflects some of the characteristics of existing properties in the village. However, it would still appear as a substantial modern detached dwelling which would not reflect the pattern of development along this part of the street scene and local distinctiveness of this part of the village. 11. For the reasons given above, the proposed development would unacceptably harm the character and appearance of the surrounding area and thus would fail to preserve the setting of the Grade II listed building, Ye Olde Sun Inne. The harm would be localised and would therefore be less than substantial within the meaning of the Framework. 12. Paragraph 202 of the Framework explains that where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use. The proposed development would likely result in some minor economic and social contribution to the local community and provision of additional housing within the village.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision However, the provision of one dwelling would only make a small difference in relation to such matters and therefore carries modest weight. The appellant sets out a number of benefits associated with planting of trees and hedgerows in terms of landscape character and biodiversity which I attach moderate weight. Comments have been made regarding enhanced amenity to the streetscape by the restoration of a section of street frontage. However, given my findings above, I do not find this to be a public benefit. 13. Overall, it has not been demonstrated that there are sufficient public benefits to offset the identified harm to the setting of the listed building to which I have attached great weight given the requirements of the Framework. The discussions that have taken place elsewhere in previous judgements and caselaw would not alter my findings on this. 14. The proposed development would therefore be contrary to Policies ENV1 and ENV24 of the Selby District Local Plan, 2005 (LP), Policies SP18 and SP19 of the Selby District Core Strategy Local Plan, 2013 (CS) which together amongst other matters, explains that proposals for all new development will be expected https://www.gov.uk/planning-inspectorate 3

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision Appeal Decision APP/U2750/W/23/3328017 to contribute to enhancing community cohesion by achieving high quality design and have regard to the local character, identity and context of its surroundings including historic townscapes, settlement patterns and the open countryside. For the same reasons, the proposed development would also be contrary to S66 (1) of the Planning (Listed Buildings and Conservation Areas Act) 1990, the aspirations of section 12 of the Framework relating to achieving well-designed places and section 16 relating to conserving and enhancing the historic environment. Living conditions 15. As referred to above, the appeal site is located within close proximity to the Public House and is separated by a car parking area. An external seating area is located to the front of the Public House as well as a seating area to the western edge along with accessible parking bays and space for deliveries. It is undisputed that the Public House is operational and that the car parking area is in use.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision Activities associated with the use of the building include amongst others, the comings and goings of customers, staff, and delivery drivers both on foot and by vehicle, people conversing both inside and outside, disturbances associated with car doors opening and closing, noise from engines and loading/unloading of products. 16. Such activity has the potential to cause an unacceptable level of noise and disturbance for future occupiers particularly taking into account the close relationship that exists. Additionally, the consolidation of the parking area for the Public House is likely to result in vehicle movements in busier times near to the boundary of the proposed dwelling. The proposal is not supported by evidence such as a noise assessment and whilst there may not have been complaints regarding noise and disturbance associated with the existing use of the building, this does not mean that it would not be harmful to future occupiers who would reside close to the associated operations. Based on the evidence before me and my own observations onsite, I cannot be certain that future occupiers would not be unduly harmed by levels of noise and disturbance.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision I am also not convinced that a noise survey would be unlikely to be representative of the ongoing noise climate as it would provide further information in terms of potential noise and set out possible mitigation where necessary. 17. I note the appellants’ claims of other instances where planning permission has been granted for residential development on part of Public House car parks adjacent to existing housing, or on land immediately adjacent to a Public House and car park. Whilst limited details have been provided in relation to these permissions, this would not justify further development which could harm the living conditions of future occupiers and I have considered this proposal on its own individual planning merits. I am also aware that other properties are located within close proximity of the Public House. However, again, this would not justify further development in close range of such a use. 18. I have had regard to the appellants’ claims regarding deliveries, general management, opening hours and changes in the hospitality industry including trading levels.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision However, even taking such matters into account, the noise associated with the overall functioning and use of the premises would likely be audible given the close proximity of the proposed dwelling particularly in the summer months when future residents may choose to open their windows. https://www.gov.uk/planning-inspectorate 4

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision However, even taking such matters into account, the noise associated with the overall functioning and use of the premises would likely be audible given the close proximity of the proposed dwelling particularly in the summer months when future residents may choose to open their windows. https://www.gov.uk/planning-inspectorate 4

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision Appeal Decision APP/U2750/W/23/3328017 19. As the noise impacts of the proposals has not been assessed or how any potential impact can be appropriately mitigated, then I am not persuaded that it would be appropriate to apply a condition in this regard were I minded to allow the appeal. 20. The officers’ report includes reference to lighting and odour which is of lesser concern to me as any impact is unlikely to have a significant impact on future residents taking into account the nature of the Public House and likely odour and lighting outputs. 21. For the above reasons, I conclude that the potential impacts upon future occupiers in relation to noise and disturbance has not been satisfactorily demonstrated or how this can be appropriately mitigated. Consequently, the proposed development would not comply with Policy ENV1 of the LP and Policy SP4 of the CS which together, amongst other matters, takes into account the amenity of occupiers. For the same reasons, the proposed development would also be contrary to the aspirations of the Framework relating to achieving well- designed places. Highway safety 22.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision I have had regard to the consultation response from the Council’s highways’ department which upon review of the parking survey information, confirmed that it is unlikely that the loss of the overflow car park would be detrimental to the highway. A condition is recommended relating to the parking area at the adjacent Public House to provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development. 23. The proposed access for the dwelling is an existing vehicular access point, and whilst the proposed development would result in the loss of overflow parking associated with the Public House, it would not change the main access provision for the Public House and main car park. This main access point and car parking area functions independently from the appeal site and has historically done so given that the appeal site previously formed an area of amenity grassland and not car parking. 24.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision Given that it remains undisputed that the loss of the overflow car park would unlikely be detrimental to the highway and the lack of identification of any other highway safety concerns, then I do not find it necessary to attach a condition relating to the parking area at the adjacent Public House as it would seem that the provision would simply revert back to its previous arrangement. I note third party comments regarding more on-street parking. However, I have no compelling case that there would be a need for on street parking taking into account the provision provided at both the Public House and proposed dwelling. 25. For the above reasons, the proposed development would not unacceptably harm highway safety. The proposed development would therefore accord with Policies ENV1 (2) and T1 of the LP which together, amongst other matters, considers the relationship of the proposal to the highway network, the proposed means of access, the need for road/junction improvements in the vicinity of the site, and the arrangements to be made for car parking. For the same reasons, the proposed development would accord with the aspirations of the Framework relating to promoting sustainable transport.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate 5

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate 5 Appeal Decision APP/U2750/W/23/3328017 Other Matters 26. I am aware of frustrations during the application process and note the changes made to the scheme in light of previous comments. However, this does not affect my findings on the above main issues, nor does any lack of responses from third parties as this does not mean development would not be harmful. A lack of harm in relation to trees/landscaping, residential amenity with the exception of noise and disturbance, provision of amenity space, flood risk, drainage, ecology and contamination are all neutral factors in my overall decision. 27. The use of brownfield land within the development limits of the settlement would not be sufficient to outweigh the harm identified and whilst the decision was made prior to further formal comments received from the Councils’ Conservation Officer, this would also not alter my findings. Further, there are still concerns in this regard following receipt of further comments from the Conservation Officer which the appellants have had regard to. I cannot agree that the comments provided are outdated. Planning Balance 28.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — Appeal Decision The scheme would unacceptably harm the character and appearance of the surrounding area and thus would fail to preserve the setting of the Grade II listed building, Ye Olde Sun Inne. The potential impacts upon future occupiers in relation to noise and disturbance has also not been satisfactorily demonstrated or how this can be appropriately mitigated. Although the proposal would not result in harm to highway safety, the absence of harm is a neutral factor in the overall balance. 29. It follows that the proposal conflicts with the development plan and there are no material considerations, including the advice of the Framework, which outweighs this conflict. Conclusion 30. For the above reasons, and having regard to all other relevant matters raised, I conclude that the appeal should be dismissed.

Ye Old Sun Inn, Main Street, Colton, TADCASTER, LS24 8EP — North Yorkshire Council — N Teasdale INSPECTOR https://www.gov.uk/planning-inspectorate 6