Case 3330908

Rally Karting Sapley Road, Wyton, Kings Ripton, Cambridgeshire, PE28 2NX

Huntingdonshire District Council — appeal dismissed

Outcome
Dismissed
Decision date
9 April 2024
Authority
Huntingdonshire District Council
Inspector
Eggleton P
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Mineral working
Appellant
Rally Karting / Wyton Mowers
LPA reference
20/00210/FUL
ONS LPA code
E07000011
Jurisdiction
Transferred
Link status
Not Linked
Start date
3 January 2024

Summary AI

The appeal for a new dwelling on a rural site was dismissed due to a lack of policy support and the fact that an essential need for a rural worker to live on-site had not been demonstrated. The security concerns, although significant, were not deemed sufficient to outweigh the policy concerns.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Rally Karting Sapley Road, Wyton, Kings Ripton, Cambridgeshire, PE28 2NX — Huntingdonshire District Council — Appeal Decision Site visit made on 12 March 2024 by P Eggleton BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 09 April 2024 Appeal Ref: APP/H0520/W/23/3330908 Rally Karting, Sapley Road, Kings Ripton, Huntingdon PE28 2NX • 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 Rally Karting against the decision of Huntingdonshire District Council. • The application Ref 20/00210/FUL, dated 29 January 2020, was refused by notice dated 20 April 2023. • The development proposed is a residence for business owner/manager with attached business facilities. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is whether the site is a suitable location for residential development. Reasons 3. The proposal would result in a new three bedroom dwelling. The building would also accommodate facilities associated with the Rally Karting business including a reception area, office and viewing platform. In addition to the karting operation, the site also includes a second business, Wyton Mowers which is predominantly a repair and maintenance workshop with associated new machine sales.

Page 1 · Chunk 1 Appeal Decision

Rally Karting Sapley Road, Wyton, Kings Ripton, Cambridgeshire, PE28 2NX — Huntingdonshire District Council — Appeal Decision This facility also provides maintenance for the karts and quad bikes. The businesses are run by Mr T Clarke and Mr J Clarke. The new dwelling would provide an on-site residence for Mr and Mrs J Clarke. Mr J Clarke is permanently employed within Rally Karting and Wyton Mowers businesses as well as providing husbandry for livestock that is now maintained on site. The council’s concern relates mainly to the dwelling element of the proposal. 4. The kart track and buildings lie within the open countryside. Policy LP 10 of the Huntingdonshire's Local Plan to 2036 (2019) (LP) seeks to generally restrict development in the countryside. Exceptions to this are set out in other policies. With regard to residential development, LP policy LP 20(a) is of particular relevance as it states that a proposal for a home for a rural worker in the countryside will be supported where it is for a worker who is or will be mainly employed for the purposes of the proper functioning of an economically viable www.planningportal.gov.uk/planninginspectorate

Page 2 · Chunk 2 Appeal Decision

Rally Karting Sapley Road, Wyton, Kings Ripton, Cambridgeshire, PE28 2NX — Huntingdonshire District Council — Appeal Decision Appeal Decision: APP/H0520/W/23/3330908 land-based rural business. The supporting text explains that residential development in the countryside may be justified when accommodation is required to enable agricultural and certain other workers to live at or near their place of work due to the nature and demands of the work concerned. Security issues can contribute to this functional need but this factor cannot be used to justify a dwelling on its own. 5. The businesses have been operating for many years with the karting element gaining approval in 1992. At present Mr T Clarke and Mr J Clarke both have homes in the village of Houghton which is described as being four miles from the site. Aside from the severe difficulties that have been experienced with regard to security, it is evident from the longevity of the uses, that the twin businesses can be managed from these nearby properties. It is therefore evident that the businesses can properly function as they have been doing for many years without on-site accommodation. The nature and demands of the work concerned, does not require on-site accommodation. 6. There is considerable evidence regarding the history of break-ins and theft.

Page 2 · Chunk 3 Appeal Decision

Rally Karting Sapley Road, Wyton, Kings Ripton, Cambridgeshire, PE28 2NX — Huntingdonshire District Council — Appeal Decision The appellant advises that theft is an influencing factor in the success of the two businesses. It results in financial loss but also the failure of the businesses to deliver the promised experience to customers with late cancellations due to equipment being stolen or damaged. There is therefore a loss of revenue, loss of organisational costs such as catering and the possible loss of good will and future bookings. The appellant has advised that as of October 2023, the business cannot obtain insurance and that without permission to reside on-site, it is likely that the businesses will be unable to continue trading. 7. The security issue is a matter that offers weight in favour of the proposal. Greater weight can be afforded to this issue given the evidence of security measures trialled and the limited options remaining to improve security. However, as the security issue is the main reason for needing on-site accommodation, the policy text is relevant in that it is quite clear that this factor cannot be used to justify a dwelling on its own. The text is a material consideration that must be afforded considerable weight. 8.

Page 2 · Chunk 4 Appeal Decision

Rally Karting Sapley Road, Wyton, Kings Ripton, Cambridgeshire, PE28 2NX — Huntingdonshire District Council — Appeal Decision It has been indicated that the repair business hours could be extended to 24 hour working, which already occurs to a limited extent. It is suggested that this would be more practical with a residential presence. It is unclear why this would be essential. It is not evident why a 24 hour presence, which would require shift working, could not still be managed from the nearby properties. It would however address a number of the security concerns raised. This potential appears to offer benefits with regard to security without requiring a residential presence. 9. Reference has been made to livestock that are now kept on the site. These include poultry, ducks and goats. More goats are expected and rare breed sheep are also proposed for grass maintenance. There is however no evidence to demonstrate that the level and nature of animal husbandry required, cannot continue to be managed from the nearby properties. 10. Although the security issues provide weight in favour of the proposal, the dwelling proposed is not considered necessary for the proper functioning of the businesses and does not therefore gain support from LP policy LP 20. 2

Page 3 · Chunk 5 Appeal Decision

Rally Karting Sapley Road, Wyton, Kings Ripton, Cambridgeshire, PE28 2NX — Huntingdonshire District Council — Appeal Decision Appeal Decision: APP/H0520/W/23/3330908 11. There are other LP policies that support rural enterprises, tourism and recreation. As the karting tracks provide entertainment and team building opportunities for groups and corporate clients and Wyton Mowers is a rural service business, they offer economic and visitor benefits to the area. LP policies LP 19 and LP 23 offer support for these activities and their expansion. The policies offer support for the business elements of the proposal. However, they do not offer support for a new dwelling in this location. 12. Given the lack of policy support for a residential development in this countryside location, the proposal would be contrary to the objectives of LP policy LP 10 with regard to generally restricting development in the countryside. This policy and LP policy LP 20 are consistent with the National Planning Policy Framework 2023 as paragraph 84a sets out that decisions should avoid the development of isolated homes in the countryside unless there is an essential need for a rural worker to live permanently at or near their place of work in the countryside. An essential need has not been demonstrated, only a security benefit.

Page 3 · Chunk 6 Appeal Decision

Rally Karting Sapley Road, Wyton, Kings Ripton, Cambridgeshire, PE28 2NX — Huntingdonshire District Council — Appeal Decision Given that the LP policies are consistent with the Framework, they can be afforded full weight. 13. It is acknowledged that this site is no longer in agricultural use and the addition of a new building, although consolidating development in the countryside, would result in only modest harm to the character and appearance of the area. Reference has been made to the changing character of the area resulting from other developments nearby but these do not generally relate to new dwellings. The only residential permission granted, that I have been made aware of, relates to a building conversion. 14. There is no policy support for a permanent dwelling. I afford considerable weight to the security concerns raised, including the suggestion that the businesses cannot continue to function without an on-site permanent presence. The matters put forward, including the economic and recreational benefits, add further weight in favour of the proposal. I accept that the circumstances are perhaps unique, which would help to limit the scale of the undermining of the development plan.

Page 3 · Chunk 7 Appeal Decision

Rally Karting Sapley Road, Wyton, Kings Ripton, Cambridgeshire, PE28 2NX — Huntingdonshire District Council — Appeal Decision However, on balance, I conclude that these material considerations, when taken together, are not sufficient to outweigh the policy concerns with regard to a new dwelling in the countryside and they do not indicate that a decision contrary to the development plan should be made. I therefore dismiss the appeal.

Page 3 · Chunk 8 Peter Eggleton

Rally Karting Sapley Road, Wyton, Kings Ripton, Cambridgeshire, PE28 2NX — Huntingdonshire District Council — Peter Eggleton INSPECTOR 3

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

Main issues and findings

Affordable housing
Against appellant
¶4

LP policy LP 20 is clear that a proposal for a home for a rural worker in the countryside will only be supported if it is for a worker who is or will be mainly employed for the purposes of the proper functioning of an economically viable land-based rural business.

Character and appearance
Against appellant
¶13

The addition of a new building would result in only modest harm to the character and appearance of the area, but there is no policy support for a permanent dwelling.

Flood risk
Neutral
¶null

Not mentioned in the decision letter

Ecology and biodiversity
Neutral
¶null

Not mentioned in the decision letter

Living conditions
Against appellant
¶5

The businesses can properly function without on-site accommodation, and the nature and demands of the work concerned do not require on-site accommodation.

Planning obligations
Neutral
¶null

Not mentioned in the decision letter

Trees and landscape
Neutral
¶null

Not mentioned in the decision letter

Agricultural land
Neutral
¶null

Not mentioned in the decision letter

Parking
Neutral
¶null

Not mentioned in the decision letter

Highway safety
Neutral
¶null

Not mentioned in the decision letter

Heritage impact
Neutral
¶null

Not mentioned in the decision letter

Living conditions
Neutral
¶11

The businesses offer economic and visitor benefits to the area, but this does not support a new dwelling in this location.

Other
Against appellant
¶null

The inspector concludes that the security concerns, although significant, are not sufficient to outweigh the policy concerns.

Policies relied on

Reference Weight
LP 10
Determinative
LP 20
Determinative
LP 19
Substantial
LP 23
Substantial
National Planning Policy Framework 2023
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 9 April 2024 under the Open Government Licence.