Land South Of Holme Dene , Huggate Lane, Fridaythorpe, East Riding of Yorkshire, YO25 9RR
East Riding of Yorkshire Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 7 November 2024
- Authority
- East Riding of Yorkshire Council
- Inspector
- Skelly C
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- Mrs Julia Medforth
- LPA reference
- 22/03488/PLF
- ONS LPA code
- E06000011
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 31 May 2024
Summary AI
The appeal for 8 glamping pods was dismissed due to harm to living conditions of neighbours in respect of privacy and noise. The proposal would conflict with the development plan and the National Planning Policy Framework.
PDF text
Land South Of Holme Dene , Huggate Lane, Fridaythorpe, East Riding of Yorkshire, YO25 9RR — East Riding of Yorkshire Council — Appeal Decision Site visit made on 10 September 2024 by C Skelly BA (Hons) MSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 07 November 2024 Appeal Ref: APP/E2001/W/24/3343257 Land West of Huggate Lane, Huggate Lane, Fridaythorpe, YO25 9RR • 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 Mrs Julia Medforth against the decision of East Riding of Yorkshire Council. • The application Ref is 22/03488/PLF. • The development proposed is Siting of 8 Glamping Pods and Associated Works and Infrastructure. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: • whether the site is an appropriate location for the proposed development, having regard to development plan policy on tourism development in the countryside; and • the effect of the proposal on the living conditions of the occupiers of Holme Dene with particular reference to noise and privacy. Reasons Appropriate location 3. The appeal relates to an area of scrubland on the edge of the village of Fridaythorpe, adjacent to the residential garden of Holme Dene, within the Yorkshire Wolds Important Landscape Area.
Land South Of Holme Dene , Huggate Lane, Fridaythorpe, East Riding of Yorkshire, YO25 9RR — East Riding of Yorkshire Council — Appeal Decision Access to the site is via Huggate Lane, which runs past a number of residential properties and a commercial premises and is tarmac up to the dwelling of Holme Dene before becoming a stoned track. This track forms part of two popular walking trails, the Yorkshire Wolds Way National Trail and the Wold Ranger. 4. The appeal site lies below the level of surrounding land and has a hollowed- out appearance reflecting its former use as a gravel works. The area is well screened on three sides by the topography and landscaping; however, it has an open aspect with Holme Dene. Therefore, although the site is prominent when viewed from Holme Dene and when walking past the proposed access https://www.gov.uk/planning-inspectorate - Appeal Decision APP/E2001/W/24/3343257
Land South Of Holme Dene , Huggate Lane, Fridaythorpe, East Riding of Yorkshire, YO25 9RR — East Riding of Yorkshire Council — Appeal Decision from the Public Right of Way (PROW) it is not visible in wider views. Given its location away from the main built form of the village, within the countryside, it is tranquil in character. 5. The appeal site lies outside, but adjacent to the development limit and is therefore categorised as countryside in the East Riding Local Plan Strategy Document (2016) (ERLPSD). Policy EC2(B) of the ERLPSD supports proposals for tourism development, which includes static caravan sites, in the countryside where their scale and cumulative impact is appropriate for the location. The supporting text to the policy recognises that the cumulative impact of other tourism developments should be taken into account. 6. The land is within an Important Landscape Area, however due to the topography and landscaping, aside from being seen from the PROW directly adjacent to the site, the proposed glamping pods would not be visible from wider public vantage points. Therefore, the proposal would not cause harm to the character and appearance of the surrounding area. 7.
Land South Of Holme Dene , Huggate Lane, Fridaythorpe, East Riding of Yorkshire, YO25 9RR — East Riding of Yorkshire Council — Appeal Decision The appellant contends that the proposal would support the nearby clay shooting and gin distillery enterprises at Raisthorpe Manor, both of which are a short drive away and within the same ownership as the appeal site. I have no information about how the clay shooting enterprise would link with the glamping pod accommodation and note that although there is a future aspiration to do so, the gin distillery does not currently offer tours. I have therefore given the proximity of these enterprises limited weight. 8. The proposed development would be located adjacent to the Wolds Way and Wold Ranger PROW trails where it could provide accommodation for walkers. I noted on my site visit that the village has a number of services including a public house, petrol station with shop and a café, all of which are within a short walk from the appeal site. The proposal is therefore likely to contribute to the local tourism economy. 9. The appeal site is located on the edge of the village and although there are few dwellings in this part of the village it is not isolated from the main built form.
Land South Of Holme Dene , Huggate Lane, Fridaythorpe, East Riding of Yorkshire, YO25 9RR — East Riding of Yorkshire Council — Appeal Decision When viewed within the context of the village as a whole, which has approximately 330 residents according to the 2021 Census, the proposal for 8 glamping pods would not be of inappropriate scale. I note that there are already 5 existing glamping pods in the village. However, the proposal for additional pods would not create an unacceptable imbalance between tourist accommodation and permanent residential properties in the village and thereby harm its character. 10. I therefore conclude that the proposal would be of an appropriate scale for its location and would not undermine the spatial strategy or conflict with the requirements of Policy S4 or EC2(B) which seek amongst other things to support tourism development in the countryside where the scale and cumulative impact is appropriate for the location. Living conditions Privacy 11. The appeal site is located adjacent to the residential garden of Holme Dene, with the boundary being defined by post and rail fencing. The land rises https://www.gov.uk/planning-inspectorate - Appeal Decision APP/E2001/W/24/3343257
Land South Of Holme Dene , Huggate Lane, Fridaythorpe, East Riding of Yorkshire, YO25 9RR — East Riding of Yorkshire Council — Appeal Decision gradually upwards from the level of Holme Dene and as a result the proposed glamping pods would be in an elevated position relative to the residential property. As part of the proposal a planting schedule has been submitted and the appellant has confirmed that they would accept a condition which requires this planting to be semi-mature. However, this screening would take several seasons to establish. Even once this is fully established because of the topography visitors to the site would still have visibility into the garden of Holme Dene from parts of the glamping site. This would therefore cause loss of privacy for the occupiers of Holme Dene and would conflict with Policy ENV1 of the ERLPSD, which seeks to ensure amongst other things that proposals have regard to the amenity of existing properties. Noise 12. Although the pods would be spread across the site, the closest would be a distance of approximately 20m away from Holme Dene. The garden of Holme Dene provides a tranquil area for the residents of this property. The proposal would mean that approximately 16 people would be using the adjacent glamping site when it is fully occupied.
Land South Of Holme Dene , Huggate Lane, Fridaythorpe, East Riding of Yorkshire, YO25 9RR — East Riding of Yorkshire Council — Appeal Decision The activities of visitors using the site are likely to be different from the lifestyles of the neighbouring dwelling. The pods would have outdoor decking areas and therefore staying guests are more likely to use outdoor spaces for cooking, eating and socialising, which may happen early in the morning and later at night. Given the very quiet character of the site, any increased level of activity would cause noise disturbance to the neighbouring property. 13. I note that management of the glamping pods would be by the owner who lives a short drive away and would provide an out of hours phone number to call in case of any problems. However, I am not convinced that this would solve issues as they arise as it would rely on the owner being available when problems occur and addressing them at the time. 14. The proposed development would be accessed via the existing track which would be upgraded to tarmac up to Holme Dene with the remaining track to the appeal site to be constructed of crushed stone to retain the integrity of the PROW.
Land South Of Holme Dene , Huggate Lane, Fridaythorpe, East Riding of Yorkshire, YO25 9RR — East Riding of Yorkshire Council — Appeal Decision Although there would be an increase in the number of vehicles using the track, including larger trucks for refuse collection, as it already serves a number of properties, a business and is used by farm traffic I do not consider that changes in vehicle movements would cause significant harm to the living conditions of neighbouring residents. 15. I conclude that the proposal would harm the living conditions of the occupiers of Holme Dene with reference to noise and thereby conflicts with Policy ENV1 of the ERLPSD which seeks amongst other things to have regard to the amenity of existing properties and promote good health and well-being standards. The proposal would also conflict with paragraph 135 (f) of the National Planning Policy Framework (2023) (the Framework) which states that new development should create places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/E2001/W/24/3343257
Land South Of Holme Dene , Huggate Lane, Fridaythorpe, East Riding of Yorkshire, YO25 9RR — East Riding of Yorkshire Council — Appeal Decision Other Matters 16. The appellant has brought to my attention three previous applications approved by the Council for glamping pods in edge of village locations. I have not been provided with the full details of these cases and the implications for the living conditions of neighbouring occupiers and therefore cannot be sure that they are comparable to the circumstances of this appeal. I have dealt with the case before me on its own merits. 17. The Council has commissioned a Tourism Accommodation Study (2016) which recognises the significant potential for the Yorkshire Wolds area in terms of tourism. I acknowledge that this study recommends encouraging more camping and caravan touring parks, self-catering units and glamping sites such as the proposal. I also note that the application was recommended for approval by officers and was refused by Planning Committee. Nevertheless, based on the evidence before me, the planning merits are such that planning permission should be refused. Conclusion 18. The proposed development would provide benefits to the local tourism economy and is of a scale which is appropriate for its location.
Land South Of Holme Dene , Huggate Lane, Fridaythorpe, East Riding of Yorkshire, YO25 9RR — East Riding of Yorkshire Council — Appeal Decision However, it would be harmful to the living conditions of neighbours in respect of privacy and noise. These harms are not outweighed by the benefits which I have identified and are sufficient to justify dismissing the appeal. 19. The proposed development would conflict with the development plan, when taken as a whole, and the Framework. There are no material considerations that indicate that the decision should be made other than in accordance with the development plan. Accordingly, for the reasons given above the appeal should be dismissed.
Land South Of Holme Dene , Huggate Lane, Fridaythorpe, East Riding of Yorkshire, YO25 9RR — East Riding of Yorkshire Council — C Skelly INSPECTOR https://www.gov.uk/planning-inspectorate - Appeal Decision APP/E2001/W/24/3343257
Main issues and findings
Living conditions Against appellant ¶11
The proposal would cause loss of privacy for the occupiers of Holme Dene due to visibility into their garden from parts of the glamping site. The planting schedule submitted would take several seasons to establish, and even once fully established, visitors would still have visibility into the garden.
Living conditions Against appellant ¶15
The proposal would cause noise disturbance to the neighbouring property due to increased activity from visitors, which may happen early in the morning and later at night.
Other For appellant ¶9
The proposal for 8 glamping pods would not be of inappropriate scale for its location and would not create an unacceptable imbalance between tourist accommodation and permanent residential properties in the village.
Living conditions For appellant ¶14
The proposed development would not cause significant harm to the living conditions of neighbouring residents due to increased vehicle movements.
Policies relied on
| Reference | Weight |
|---|---|
| Policy ENV1 of the ERLPSD |
Determinative |
| Paragraph 135 (f) of the National Planning Policy Framework (2023) |
Substantial |
| Policy EC2(B) of the ERLPSD |
Moderate |
| Policy S4 of the ERLPSD |
Limited |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 7 November 2024 under the Open Government Licence.