Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE
Calderdale Metropolitan Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 4 December 2024
- Authority
- Calderdale Metropolitan Borough Council
- Inspector
- Cragg D
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr J Sawrij
- LPA reference
- 21/01421/FUL
- ONS LPA code
- E08000033
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 11 April 2024
Summary AI
The appeal for a two-storey dwelling and outbuilding in the Green Belt was dismissed due to the proposal conflicting with the development plan and causing harm to the character and appearance of the area. The inspector concluded that the harm to the Green Belt and other harm outweighed the benefits of the proposal.
PDF text
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Hearing held on 13 November 2024 Site visit made on 14 November 2024 by Diane Cragg DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 4 December 2024 Appeal Ref: APP/A4710/W/23/3335955 Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire HX6 1PE • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr and Mrs Sawrij against the decision of Calderdale Metropolitan Borough Council. • The application Ref is 21/01421/FUL. • The development proposed is erection of a two-storey dwelling consisting of two main building wings joined by a glazed link; a detached outbuilding comprising of double garage, garden and bike storage areas, store, and plant room; and associated hard and soft landscaping including retention and extension of pond, drive way, boundary treatments and enhancement of existing dry stone walls through repair and reinstatement. Decision 1. The appeal is dismissed. Preliminary Matters 2. The description of the development in the banner heading is taken from the application form and my decision is made on this basis. Main Issues 3.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision The main issues are: • whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies. • the effect of the proposal on the openness and purposes of the Green Belt. • the effect of the proposal on the character and appearance of the area. • whether the appeal site would be a suitable location for the proposed development when having regard to access to services and facilities. • 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 required to justify the proposal. https://www.gov.uk/planning-inspectorate
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/23/3335955 Reasons 4. The appeal site comprises 0.55 ha of land delineated by random rubble stone walls and post and wire fencing located towards the top of Steep Lane. Part of the land formed the car park to the former Travellers Rest public house, now converted to dwellings. The land has existing accesses from Steep Lane. The former car parking area is currently used informally for parking of vehicles although the surface of the car park has eroded and to some extent blended into the Landscape. It was agreed at the Hearing that the car park is about 30% of the site area and the remainder of the land is open and undeveloped. The general topography of the area rises from the northeast to the southwest which is reflected within the appeal site itself. 5. The appellants suggest that part of the site was previously used as a beer garden but there is little evidence of this on the land now. While the car park may be sufficiently evident to be previously developed land as defined in the Framework, it is not suggested that the remainder of the land formed part of the curtilage of the Travellers Rest or would be termed previously developed. Whether inappropriate development 6.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision The appeal site is within the Green Belt. Policy GB1 of the Calderdale Local Plan 2018/10 – 2032/33 adopted March 2023 (Local Plan) sets out that the construction of new buildings is inappropriate in the Green Belt except in a number of circumstances. Policy GB1 is largely consistent with the Framework. One of the exceptions to inappropriate development under paragraph 149g) of the Framework and paragraph 1f. of Policy GB1 is the limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings) which would not have a greater impact on the openness of the Green Belt than the existing development. 7. However, the parties agreed at the Hearing that other than the car park area the appeal site is not developed and none of the exceptions to inappropriate development in Policy GB1 or the Framework apply. It is common ground that the proposals represent inappropriate development in the Green Belt which according to the Framework is, by definition, harmful and should not be approved except in very special circumstances.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Therefore, the proposal would conflict with Policy GB1 and the Framework, both of which seek to protect the Green Belt. Green Belt openness and purposes 8. The Planning Practice Guidance explains that assessing the impact of a proposal on the openness of the Green Belt requires a judgement based on the circumstances of the case. The courts have identified that openness is capable of having both spatial and visual aspects. The duration of the development and its remediability as well as the degree of activity likely to be generated may also be relevant. With reference to case law the spatial aspect of openness is normally concerned with the quantum of development proposed relative to what is already there, whereas the visual assessment is focussed on how openness is experienced before and after the proposal. 9. While there are remnants of the former car park on the land, spatially the proposed dwelling and garage, parking, turning area, hard surface areas and https://www.gov.uk/planning-inspectorate 2
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/23/3335955 the proposed water features would take up a large part of the site. Consequently, spatial openness would be notably and harmfully eroded. 10. The proposed development would be set back from the Steep Lane frontage. Nevertheless, because of the position and scale of the buildings, the development would be prominent rising towards the site along Steep Lane. The green roofs would soften the appearance of the buildings when approaching from the west along the lane, although the effect of the green roofs would be limited by the inclusion of solar panels, and the buildings would be clearly visible as you progress towards the site. In addition, the water features, new walls within the site, bridges, external hard surfaces including parking and turning facilities would all have some visibility from Steep Lane and would add to the domestic appearance of the site. 11. The land is surrounded by public footpaths and bridleways. Considering the topography of the adjacent land, the development would be seen from all of these public routes. The appeal site would appear considerably more developed and visual openness would plainly be reduced. 12.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Overall, because of the above ground development, the necessary parking, and the creation of a domestic site in a largely agricultural landscape, the development would result in both a visual and spatial loss of openness. The removal of the car park surface would not be sufficient to mitigate these effects. Consequently, the development is contrary to the Framework which sets out that the essential characteristics of Green Belts are their openness and their permanence. 13. In respect of Green Belt purposes, it is agreed between the parties that the proposal would not conflict with purposes a, b, d, and e (as described in the Framework). The appeal site is defined by clear boundaries and part of the site has previously been used but the development would encroach on to open undeveloped land and is surrounded by countryside. The appeal site plays a small part in assisting in safeguarding the countryside from encroachment and there would be some limited harm to Green Belt purpose c). Character and appearance 14. The appeal site is within national character area 36 Southern Pennines (NCA).
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision It is consistent with the NCA’s character where it is identified that throughout the Southern Pennines there is obvious evidence of man’s activities which gives the area an historic richness but reduces its sense of remoteness. 15. The appeal site is also within, and characteristic of, the regional landscape character area D2: Blackwood Common. The undulating agricultural landscape comprises open pastoral fields of small to medium size which are enclosed by dry stone walls. The agricultural landscape is rural; however, it is scattered with individual, dispersed farmsteads, agricultural buildings, and residential properties at regular intervals and often occurring as a cluster of various buildings. 16. The appeal site has a lower scenic quality than its immediate surroundings due to the previous car park use. However, it is largely open and undeveloped and is mostly enclosed by dry stone walls. Consequently, the appeal site has a rural character that contributes to the Blackwood Common landscape character area. https://www.gov.uk/planning-inspectorate 3
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/23/3335955 17. The Landscape and Visual Assessment (LVA) identifies that the potential significant visual and/or landscape effects would be within 1.5 km of the appeal site. I observed that the appeal site is highly prominent when viewed from the elevated public footpath to the south, east and west and when approaching the site along Steep Lane from either direction. The somewhat despoiled area of the remains of the former car park are clearly seen from the higher land of the footpath to the north but less significant in views from Steep Lane. From the bridleways on the opposite side of Steep Lane views of the appeal site are more distant and intervening buildings limit some views of the land. 18. The proposed development consists of two blocks of a similar scale set at an angle to each other and at an angle to the site boundaries, with a lower garage structure and glazed atrium. In plan form the development successfully relates to the characteristic small scale dispersed plan and linear farmstead clusters in the area.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Nevertheless, in the immediate locality dispersed farm clusters are generally set further back from the road frontage with more space between dwellings which immediately address the lane frontage and these clusters of buildings. 19. Because of the siting of the proposed development and its proximity to the former Travellers Rest building, the amount of built form in the field of vision as you rise towards the site along Steep Lane would be inconsistent with the surrounding more dispersed nature of the built development. This closer relationship between the proposed development and the former Travellers Rest building would also be notable from the raised footpath to the north. 20. The proposed design adopts simple, clean forms derived from local typology which may be compatible with the linear form of buildings in the character area and could in principle support the overall design aesthetic proposed.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision However, because of its siting relatively forward on the plot, the scale of the east elevations of each main block, the massing of the buildings due to the roof design and the streamlined, sleek modern visual aesthetic of the development, the form, scale, and mass of the proposals, would be prominent in the landscape and a conspicuous element of views along the lane. 21. Furthermore, the scale of the two main blocks of the proposed dwelling would markedly contrast with the low eaves’ height, and relatively shallow pitched roof of the Travellers Rest building. The form of the proposals including the mono-pitched roofs would be significantly at odds with the design of the surrounding structures and the proposed dwelling would appear prominent and incongruous in the landscape. 22. I appreciate that had the appellants sought to replicate the cottages on the opposite side of the road there would have been nothing exceptional about the design. I also accept that there are examples of mono-pitched roofs to be found in the area although these are not prominent or generally characteristic of the agricultural and domestic buildings within clusters in the character area.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision It is also acknowledged that it is a difficult line between repeating what is found in the locality and exceptional design quality. Even so, overall, the proposal would not be sensitive to the defining characteristics of the local area and the siting of the dwelling would be on an open prominent site. Consequently, the development would look harmfully out of place. https://www.gov.uk/planning-inspectorate 4
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision It is also acknowledged that it is a difficult line between repeating what is found in the locality and exceptional design quality. Even so, overall, the proposal would not be sensitive to the defining characteristics of the local area and the siting of the dwelling would be on an open prominent site. Consequently, the development would look harmfully out of place. https://www.gov.uk/planning-inspectorate 4
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/23/3335955 23. In addition, I agree that remnants of the former use of the site do jar in the landscape to some extent, water is a feature of the existing site, and the garden would be designed to have regard to elements of the agricultural landscape of the regional character area. Nevertheless, while the landscape proposals may over time soften the development, I cannot agree that the proposed landscape design would improve the character and quality of the landscape. The sizable water features, bridges, walls within the site, hard surfaces and the number of elements that make up the landscape design within a single enclosed field would appear relatively domestic and the proposed building’s large domestic setting would contrast with, and detract from, the surrounding undulating rural agricultural grassland landscape. 24. Properties opposite the appeal site in the former Travellers Rest building would have views of the development from their properties. Although their view would be affected, I accept the appellants’ point that these views would not amount to harm to their living conditions. 25.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Nevertheless, overall, I conclude that the proposal would detract from the character and appearance of the area. The development would conflict with Policy BT1 of the Local Plan where it seeks to ensure that new developments respect or enhance the character and appearance of existing buildings and surroundings taking account of local context and distinctiveness. I give the harm to character and appearance moderate weight. Location 26. The Framework sets out that isolated homes should be avoided in the countryside unless one or more of a number of circumstances apply. The relevant case law is that isolated ‘simply connotes a dwelling that is physically separate or remote from a settlement’. In this context it will be a matter of fact and planning judgement for the decision-maker in the particular circumstances. Notwithstanding that the dwelling is located opposite a row of cottages the site is a considerable distance from Sowerby Bridge and physically separate from any settlement. I see no reason to disagree with the parties that the site is isolated in the terms of paragraph 84 of the Framework. 27.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Considering accessibility, the appellants’ Design and Access Statement acknowledges that most movements to and from the site are likely to be by car. Nevertheless, attention is drawn to the bus stop at Miry Lane. I accept that this bus stop is within a reasonable walking distance of the site and may be an option in the daytime for some trips to surrounding towns and villages. 28. However, the route to the bus stop would always be unsuitable for certain people due to the narrowness and topography of Steep Lane and the absence of footpaths. The unsuitability of the lane for pedestrians would be increased after dark because light levels along the road are low. The use of the bus is likely to be suitable only for infrequent or leisure purposes. Similarly walking and cycling for leisure is a possibility but to access services and facilities is unlikely for the majority. Consequently, because of the characteristics of Steep Lane access to services and facilities necessary for the day to day needs of a dwelling at the appeal site would likely be by car. 29.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision While I note that electric charging points would be installed, I conclude that the site would not be a suitable location when considering accessibility to services and facilities. There would be conflict with Policy IM5 of the Local Plan https://www.gov.uk/planning-inspectorate 5
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision While I note that electric charging points would be installed, I conclude that the site would not be a suitable location when considering accessibility to services and facilities. There would be conflict with Policy IM5 of the Local Plan https://www.gov.uk/planning-inspectorate 5
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/23/3335955 where it seeks to ensure that development supports modal choice and facilitates reductions in carbon emissions. 30. Paragraph 109 of the Framework relates to significant development and has limited relevance to the consideration of this proposal. I accept that paragraph 84 supports isolated homes in certain circumstances and that such sites are unlikely to be accessible other than by the private car. However, for the reasons set out below, I conclude that the proposal would not meet exception 84e) and therefore in accordance with paragraph 84 development of isolated homes in the countryside should be avoided. I give the harm associated with the location and accessibility of the appeal site moderate weight. Other Considerations 31. The principal part of the appellants’ case is that the proposal is of exceptional quality, meeting the requirements of paragraph 84e) of the Framework and providing the very special circumstances required to justify development within the Green Belt. 32. The proposed dwelling has regard to the early medieval dwellings in the area which were based on a simple plan form.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision The Design and Access statement says that the typology of small-scale development is that of informal groups of discrete buildings. These are generally organised to provide shelter and are often set into the ground. Buildings are predominantly linear in form. The design looks to reflect the simplicity and clarity of form. 33. Having read the professional documentation that accompanied the application, I accept that the proposal is designed to a high standard and is a well- considered exercise in modern or contemporary design that takes advantage of the sloping topography of the site and the existence of a water feature. The contemporary interpretation of mullion windows and the approach to solar shading are examples of the thoughtful and innovative detailed design of the proposals. The use of back pointed reclaimed stone in the manner of dry-stone walling is not usual in the area but its use in the particular design corresponds to the sleek appearance of the proposed built form more than the robust coursed stone prevalent in surrounding buildings. However, I do not dispute that the development represents the highest standards in architecture. 34. The dwelling is advocated as a true net zero dwelling.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision The supporting energy strategy and whole life carbon assessment refer to net zero carbon performance. The energy strategy is based on achieving the UK Green Building Council’s (UKGBC) objective that operational energy must be completely powered by onsite and off-site renewable energy sources. The scheme employs Passivhaus plus standards as well as heat pump and solar technology and on-site battery storage. Individually these technologies are not new but including all these technologies to achieve the UKGBC rigorous standard would be an exemplar. 35. The whole life carbon assessment (WLCA) is a future projection of the anticipated carbon cost of the life cycle of the building and anticipates how design can decrease emissions over the lifetime of a building. The WLCA sets out that through the design process key carbon reduction measures have been identified and form part of the design. Such an approach is to be welcomed although, as the Council acknowledges, conditioning the achievement of such https://www.gov.uk/planning-inspectorate 6
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/23/3335955 technology is difficult where compliance would not be known for some time after the building is constructed. 36. While there are many decisions still to be made in the design process that would determine the precise ability of the dwelling to achieve net zero, the appellants state that the scheme is an holistic approach, bringing together many initiatives which collectively deliver a unique outcome. An operational commitment to adhere to the UKGBC Operational Net Zero requirements, with audit and publication of real-world performance, will provide the precedent for others to follow. 37. I commend the approach taken to the design of the building and acknowledge the design to be very good, and that it enjoys support from persons eminently qualified to make those judgements and a design panel. The design in terms of net zero may well deliver a unique outcome and inform other design more generally in rural areas. I see no reason in principle why a condition to ensure that the design approach to net zero is shared with education institutions could not be devised.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Therefore, I accept that the design is truly outstanding, reflecting the highest standards in architecture, and would help to raise standards of design more generally in rural areas in so far as it relates to its net zero carbon emissions. 38. Nevertheless, as I have identified above, while I am satisfied that in plan form the dwelling would reflect the clusters of buildings characteristic of the surrounding development, the scheme would not sit comfortably in the landscape and would, because of its scale, form, and mass, be harmful to the character and appearance of the area. Consequently, the proposal would not significantly enhance its immediate setting or be sensitive to the defining characteristics of the local area. Therefore, the design of the development would not meet the threshold of exceptional quality as defined in Paragraph 84e) of the Framework. 39. Even so, the architecture, the innovative elements of the design, the net zero aspirations of the development and the operational commitment to adhere to the UKGBC Operational Net Zero requirements, with audit and publication of real-world performance as well as carbon reduction measures are significant benefits of the scheme. 40.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Furthermore, I acknowledge that the landscape proposals would lead to a marked increase in the biodiversity of the site (said to be 147% increase). Although increasing biodiversity does not necessarily rely on the site being developed, the biodiversity enhancements as a result of the development attract moderate weight. 41. The existing drystone boundary walls contribute to Blackwood Common regional landscape character area. The repair of these walls would be an enhancement to the area and a small benefit of the scheme. 42. While the removal of the remaining car park hardstanding and tidying the site would lead to some visual improvements, these visual improvements could occur without the proposed development and this matter does not weigh in favour of the proposal. 43. The Framework seeks to ensure that once Green Belts are defined Local Planning Authorities should plan positively to enhance their beneficial use. The https://www.gov.uk/planning-inspectorate 7
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/23/3335955 appellants argue that the development would be an effective use of land, but I have concluded that the proposed use would be detrimental for the reasons I have set out. The site is already providing space for car parking which the appellants say is open to the public. Further, there is no specific evidence before me that the removal of invasive species and the increase in biodiversity and visual site improvements could not be implemented in the absence of the development. I give this matter limited weight. 44. The scheme would result in a degree of economic gain to the area through the construction and occupation of the dwelling and potentially through sourcing of local materials and additional council tax and a new homes bonus. Those jobs associated with construction would be temporary and limited and the additional spend and revenue from one household would be small. This matter attracts limited weight. 45. There is support for the development and I have covered some of the matters raised elsewhere within the decision. I accept that the dwelling would provide an additional family house and would boost the supply of homes in the area. This matter carries limited weight. 46.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision I also acknowledge that the appellants have lived in the area for a considerable period, but the planning permission runs with the land and there can be no certainty that the appellants would implement the scheme. 47. I recognise that at the Hearing there was significant concern about available water supply and the effect an additional dwelling would have on the supply. However, given my conclusion overall, it has not been necessary to consider this matter further. Green Belt Balance 48. The proposed development would be inappropriate development in the Green Belt, would result in permanent and harmful loss of openness of the Green Belt and limited harm to Green Belt purposes. In accordance with national policy this harm carries substantial weight against the proposals. There would also be moderate harm to the character and appearance of the area and moderate harm resulting from the location of the site and its inadequate accessibility. Very special circumstances will not exist unless the harm to the Green Belt and any other harm is clearly outweighed by other considerations. 49.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision The proposed dwelling would be a high standard of architecture, would be innovative in terms of its ambitions to meet true net zero and it may help raise standards of design in rural areas more generally. I give significant positive weight to these matters. There would also be moderate biodiversity benefits and limited or modest benefits associated with the economic effects of the development, effective use of the land, improvements to the appeal site boundary walls and boosting the supply of homes. 50. However, overall, these other considerations do not clearly outweigh the harm to the Green Belt by reason of inappropriateness, loss of openness, harm to Green Belt purposes and other harm I have identified. Therefore, the very special circumstances necessary to justify the proposed development do not exist. https://www.gov.uk/planning-inspectorate 8
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/23/3335955 Conclusion 51. The proposal would conflict with the development plan and material considerations, including the Framework, do not indicate that the decision should be made other than in accordance with it. Therefore, I conclude that the appeal should be dismissed.
Former Travellers Rest car park and beer garden, Steep Lane, Sowerby, West Yorkshire, HX6 1PE — Calderdale Metropolitan Borough Council — Diane Cragg INSPECTOR Appearances For the appellants: Satnam Choongh Counsel for the appellants John Wybor Eco-Res – Project Architect Paul Ellis RPS – Technical Director (Landscape) Andrew Stevenson RPS - Director (Planning) For the Council: Kate Mansell Calderdale Council Third Parties: Marilyn Brichard Thomas Brichard https://www.gov.uk/planning-inspectorate 9
Main issues and findings
Green belt Against appellant ¶4-7
The appeal site is within the Green Belt and the proposal would represent inappropriate development. The exceptions to inappropriate development in Policy GB1 and the Framework do not apply, and the proposal would conflict with Policy GB1 and the Framework, both of which seek to protect the Green Belt.
Living conditions For appellant ¶24
The proposed development would not amount to harm to the living conditions of properties opposite the appeal site in the former Travellers Rest building.
Character and appearance Against appellant ¶14-25
The appeal site is within national character area 36 Southern Pennines and regional landscape character area D2: Blackwood Common. The proposed development would be prominent in the landscape, have a large impact on the openness of the Green Belt, and would detract from the character and appearance of the area.
Other Against appellant ¶26-30
The site is isolated in the terms of paragraph 84 of the Framework, and access to services and facilities would likely be by car, which would conflict with Policy IM5 of the Local Plan.
Planning obligations For appellant ¶34-37
The proposed dwelling would be a high standard of architecture, would be innovative in terms of its ambitions to meet true net zero, and may help raise standards of design in rural areas more generally.
Policies relied on
| Reference | Weight |
|---|---|
| Policy GB1 |
Determinative |
| Policy BT1 |
Moderate |
| Policy IM5 |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 9 pages, issued by the Planning Inspectorate on 4 December 2024 under the Open Government Licence.