WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — Appeal Decision Site visit made on 9 December 2024 by H Senior BA (Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 8 May 2025 Appeal Ref: APP/A4710/W/24/3349814 Woodfield House, Halifax Road, Hipperholme, Brighouse HX3 8HD • 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 Dr Samir Khan against the decision of Calderdale Metropolitan Borough Council. • The application Ref is 24/00125/FUL. • The development proposed is construction of agricultural storage building to store food machinery and house livestock. Decision 1. The appeal is dismissed. Preliminary Matters 2. Prior to the determination of this appeal, a new version of the National Planning Policy Framework (the Framework) has been published. The substantive matters of the case before me are not however affected although the paragraph numbers have changed, which I have referred to in my decision. I do not feel any of the main parties’ cases would be prejudiced by me proceeding without further consultation thereon. Main Issues 3.

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — 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 Framework and relevant development plan policies; and, if so, the effect of the proposal on the openness and purposes for including land within the Green Belt; • The effect of the proposed development on highway safety; • The effect of the proposed development on the character and appearance of the site and its surroundings, having regard to its location within the Shibden Valley Special Landscape Area (SLA); and • If the development is inappropriate, whether the 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 proposed development. https://www.gov.uk/planning-inspectorate

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/24/3349814 Reasons Inappropriate Development 4. The Framework identifies that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. The essential characteristics of Green Belts are their openness and their permanence. The Framework states that inappropriate development is harmful to the Green Belt and should not be approved except in very special circumstances. 5. Policy GB1 of the Calderdale Local Plan 2023 (CLP) and Framework also confirm that the construction of new buildings is inappropriate in the Green Belt. They have similar wording and provide a number of exceptions which includes at paragraph 154 a) buildings for agriculture and forestry. In addition, paragraph 154 b) states that buildings for outdoor sport and recreation are also appropriate in certain circumstances. In this case however, the application is for an agricultural building, so I have not considered it under this exception. 6. The proposal seeks to construct a storage building for stock, feed and machinery to support the production of food for the appellant’s multigenerational family and the raising of livestock, in the order of 6 sheep, 2 horses and around 20 chickens.

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — Appeal Decision It would accommodate four sheep pens in the centre either side of which would be for the storage of tractors and equipment. It would be a sizeable building, sited in the corner of the field. 7. The previous Inspector1 found that whilst the description states “that the building is for agriculture, with the land defined as ‘pasture’, the appellant states that the proposal is for ‘hobby farming’. This is not an agricultural use as defined in Section 336(1) of the Town and Country Planning Act 1990.” Therefore, whilst the appellant wishes to keep livestock, and store various items of equipment, some of which would be used for the general maintenance of the grounds of Woodfield House, the building would not be used solely or mainly for agricultural purposes. I do not consider that there have been any changes in circumstances and therefore from the evidence before me I have no reason to disagree with their findings. In addition, I note that the appellant has confirmed that there would be no commercial farming connected with the proposal. 8. Taking the above factors into account, the proposal would not fall within any of the exceptions set out in paragraph 154 of the Framework.

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — Appeal Decision It therefore follows that it would be inappropriate development in the Green Belt. It would also be contrary to Policy GB1 of the of the Calderdale Local Plan 2023 (CLP) which has similar aims. Openness and purposes for including land within the Green Belt 9. The appeal site is a steeply sloping field located between Wood Lane and Halifax Road with no built development on the site. It is grassed, with a group of fruit trees located at the top of the field. The site has mature trees growing along the boundaries with Halifax Road, residential properties to the east, and with the rest of the grounds of Woodfield House to the west. The northern side of the site, which runs along Wood Lane, has a traditional stone wall, with vertical wooden fencing along it in part. 1 APP/A4710/W/23/3322292 https://www.gov.uk/planning-inspectorate 2

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/24/3349814 10. The appellant has described the building as being smaller than the three previous planning applications2 for a barn and that it would only occupy a small proportion of the field. However, the proposed floor plan shows that it would remain a large building. In addition, there is no substantive evidence before me to indicate why a building of such proportions is necessary in this location. 11. The building would be constructed with concrete boards to the lower part of the walls and green timber cladding to the upper walls and roof. It would be close to the existing tree line along Halifax Road, with additional screening provided by natural hedging such as hawthorn. 12. As outlined in paragraph 143 of the Framework, the Green Belt serves five purposes, one of which is to assist in safeguarding the countryside from encroachment. Even though the proposal would only occupy a small part of the field, the addition of a building in this location would result in encroachment into the countryside.

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — Appeal Decision For similar reasons, despite its scale being relatively modest in relation to the wider site, the construction of a building in an area currently devoid of development would also have a harmful impact on the spatial openness of the green belt. 13. In addition, it would be visible from Wood Lane, the housing along the lane and the eastern side of the site. At times of leaf loss, it would also be visible from Halifax Road, therefore impacting on the visual openness of the area. From these locations the proposed building would be prominent in views in an area without other built development. However, at other times, this harm would be limited having regard to the proposed planting which would be likely to soften the visual effect of the proposal. 14. I therefore conclude that the development would lead to a loss of Green Belt openness and would impact on the Green Belt purpose of safeguarding the countryside from encroachment, contrary to the Framework. Highway Safety 15. The proposal would be accessed from Woodfield House, in the ownership of the appellant. The access to the field is in close proximity to the proposed location of the building.

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — Appeal Decision Due to the scale of the proposal and the limited number of livestock, there would be infrequent external deliveries and much of the materials could be delivered using the appellants own vehicles. The proposal would be unlikely to have an unacceptable effect on highway safety as it will utilise the existing residential access which is currently available for all vehicles. 16. It would therefore accord with Policy BT4 of the CLP in so far as it relates to the design and layout of an access that would ensure the safe and free flow of traffic. Shibden Valley Special Landscape Area (SLA) 17. The site is within the SLA. Whilst no evidence of the significance of the SLA has been provided, I could see the wider landscape surrounding the site which consists of wooded valley sides and a pattern of small fields surrounded by hedgerows and trees. 22 Planning Ref 20/01235/FUL, 21/00872/FUL, 23/00055/FUL https://www.gov.uk/planning-inspectorate 3

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/24/3349814 18. The proposed building would be in an agricultural style, which would be common in rural surroundings. It would also be constructed close to the road and an existing garage and so in this location would not harm the visual quality of the wider SLA. The additional proposed screening includes natural species which would also assist in assimilating the building into the landscape. 19. The proposed access to the building would be from the field entrance close to proposed site and directly from the existing access to Woodfield House. Despite my findings in the second main issue, were any changes required to the surfacing of the route to serve the proposal, they would likely be of limited prominence and not have a harmful visual effect. Moreover, the route would be screened by existing and proposed hedgerow and other planting. 20. For the above reasons, the proposed development would not cause unacceptable harm to the SLA. It would comply with Policies GN4 and BT4 of the CLP which together and amongst other matters seeks to ensure that development does not adversely affect the scenic quality of the SLA and respects the local character of the area. Other considerations 21.

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — Appeal Decision Since purchasing the land, the appellant has cleared the site and removed flytipping and planted fruit trees. I acknowledge that he wishes to make more effective use of the land, including keeping animals and growing vegetables. The building would provide accommodation to support the welfare of the animals, including at lambing time. These matters attract moderate weight. 22. The appellant has highlighted that the keeping of livestock could be undertaken without requiring planning permission and that a temporary building could be used for a limited number of days within the year at lambing time but that a purpose designed building would be more effective and efficient and therefore their preferred option for their livestock ambitions. They also consider that one building used for both stock and the secure storage of machinery and equipment would be preferable visually to various smaller ones. However, there is no substantive evidence before me that the storage of equipment and food along with animal welfare could not be accommodated in a smaller building or that this is the only way the storage and welfare needs could be met.

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — Appeal Decision The use of the site for hobby farming by a multi-generational family would be a personal benefit, as opposed to the public harm that would result from the proposals. Whilst the proposal would enable animals to be sheltered during lambing and provide more secure storage of equipment, these matters attract moderate weight. 23. The appellant has also stated that he would accept a personal condition to ensure that the building would only be used for family hobby use of the building as well as a condition requiring the building to be demolished should the use cease. These conditions would not overcome the harm I have found from the construction of the building and would be unenforceable and unreasonable as it would require demolition of a building that is intended to be permanent. Other Matters 24. I note the appellant’s concerns regarding the Council’s handling of the case, including the lack of pre application advice. However, this is a matter that https://www.gov.uk/planning-inspectorate 4

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/24/3349814 would need to be taken up with the Council in the first instance. In determining this appeal, I am only able to have regard to the planning merits of the case. Green Belt balance and Conclusion 25. The Framework indicates that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Paragraph 153 of the Framework states that substantial weight should be given to any harm to the Green Belt. The Framework states that ‘very special circumstances’ will not exist unless the harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the development, is clearly outweighed by other considerations. 26. For the reasons set out above, the development constitutes inappropriate development in the Green Belt. Furthermore, there would be limited harm to the openness of the Green Belt and to its purposes. I have found no harm to the SLA or highway safety. The other considerations put forward in support of the proposal together attract moderate weight in favour of the proposal. 27.

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — Appeal Decision Therefore, I conclude that the other considerations in this case do not clearly outweigh the harm that I have identified. Consequently, the very special circumstances necessary to justify the development do not exist. As such the proposal would conflict with the Framework and Policy GB1 which together seek to protect the Green Belt. 28. The proposed development conflicts with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. For the reasons given the appeal should be dismissed.

WOODFIELD HOUSE, HALIFAX ROAD, HIPPERHOLME, BRIGHOUSE, HX3 8HD — Calderdale Metropolitan Borough Council — H Senior INSPECTOR https://www.gov.uk/planning-inspectorate 5