The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision Site visit made on 4 February 2025 by C McDonagh BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 20 February 2025 Appeal Ref: APP/U2750/W/24/3351293 The Crooked Billet, Castle Hill to the Rein, Saxton, North Yorkshire LS24 9QN • 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 Ms L Charles, The Crooked Billet against the decision of North Yorkshire Council. • The application Ref is ZG2024/0341/FUL. • The development proposed is described as ‘Container for use as farm shop with ancillary café and removal of existing container from the land (part retrospective) (revised scheme)’. Decision 1. The appeal is dismissed. Preliminary Matters 2. On 12 December 2024, the Government released an updated version of the National Planning Policy Framework (the Framework). As the changes do not affect the consideration of the main issue of this appeal, I have not sought comments on the revisions. 3. The appeal relates to two existing shipping style containers in the car park of the Crooked Billet, a public house.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision One of the containers is positioned adjacent the B1217 road and is clad in timber with a flat roof. The other is not clad and is of green colour located towards the rear of the car park on grass with a wooden walkway to the door. The proposal would see the green shipping container removed entirely from the site, while the timber clad container would be moved into a space adjacent and clad in dark green timber for use as a farm shop and café. 4. I understand that the timber clad container is unauthorised, and this is not disputed. There is dispute regarding the lawful status of the green container, albeit this appeal does not relate to a refusal of a certificate of lawfulness. The appellant advises that the container has been in place since at least 2008, although the satellite images referred to are not included in the evidence before me. The Council advise that the existing container was installed without the necessary consent sometime between 2012 and 2020 after removal of a container which was granted permission1 on a temporary basis. 5. The planning history of the site refers to that application as a ‘Portakabin’ which was approved for a period of 2 years and for the benefit of the Towton Battlefield Society only.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision A Portakabin would be a much more likely space for a society to 1 Planning ref: 2007/0657/FUL https://www.gov.uk/planning-inspectorate

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision A Portakabin would be a much more likely space for a society to 1 Planning ref: 2007/0657/FUL https://www.gov.uk/planning-inspectorate

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision Appeal Decision APP/U2750/W/24/3351293 meet than a shipping container, which is generally used for transporting and storing goods. As such, on the balance of probability, it seems more likely that the existing shipping container has not been in situ since ‘at least 2008’. I have proceeded on this basis. Main Issues 6. The main issues are as follows: • Whether the proposal would constitute inappropriate development in the green belt having regard to the Framework and any relevant development plan policies; • The effect of the proposal on the character and appearance of the area; • The effect of the proposal on the setting of designated heritage assets; • Whether the proposal would include suitable provision of car parking to maintain highway safety; • Whether the appeal site represents a suitable location for the proposed development; and • Whether any harm to the green belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal. Reasons Whether Inappropriate Development in the Green Belt 7.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision Paragraphs 154 and 155 of the Framework list exceptions to the presumption against development in the Green Belt. Of relevance to the proposal is paragraph 154(h)(v), which advises that material changes in the use of land may not be inappropriate in the Green Belt provided that they preserve its openness and do not conflict with the purposes of including land within it. 8. In line with the guidance in the Framework, policy SP3 of the Selby District Core Strategy (CS) (adopted October 2013), within the Green Belt, planning permission will not be granted for inappropriate development unless the applicant has demonstrated that very special circumstances exist to justify why permission should be granted. 9. Given the apparent lack of planning permission for either appeal container, the proposal would essentially entail the addition of the clad container to the site. The container is of a significant footprint and although it is single storey, it would be highly visible to patrons of the pub, walkers using rights of way adjacent the appeal site and road users.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision This would not preserve the openness of the Green Belt, either spatially or visually, thereby not meeting the exception of paragraph 154(h)(v) of the Framework and policy SP3 of the CS. Character and Appearance 10. The appeal site includes the public house, ancillary structures to its rear, the car park with overspill area, the containers subject to the appeal and a stone outbuilding. The surrounding area is formed of large-scale field patterns, minor https://www.gov.uk/planning-inspectorate 2

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision This would not preserve the openness of the Green Belt, either spatially or visually, thereby not meeting the exception of paragraph 154(h)(v) of the Framework and policy SP3 of the CS. Character and Appearance 10. The appeal site includes the public house, ancillary structures to its rear, the car park with overspill area, the containers subject to the appeal and a stone outbuilding. The surrounding area is formed of large-scale field patterns, minor https://www.gov.uk/planning-inspectorate 2

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision Appeal Decision APP/U2750/W/24/3351293 roads punctuated by farmsteads and sporadic built form constructed largely by traditional materials such as stone and brick. The character of the area is therefore overwhelmingly rural. 11. The container is clad in timber with a flat roof and black framed windows and door. It therefore has a distinctly domestic character. Rather than an adjunct to a rural pub, it resembles something akin to a home office or holiday lodge and is incongruous with the rural character of the appeal site and its environs. While moving it to the rear of the site would reduce its prominence to a small degree, it would nevertheless jar with the rural character and appearance of the area. 12. This would be contrary to policies SP18 and SP19 of the CS, which seek, among other things, to safeguard and where possible enhance the historic and natural environment, including landscape character. The proposal would also be contrary to paragraphs 135 and 180 of the Framework, which seek to ensure development will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development, amongst other things. Heritage Assets 13.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision There are two designated heritage assets located on the opposite side of the B1217 road. One is a manorial complex which is a scheduled ancient monument2 (SAM) and within that site lies the Chapel of St. Mary, a Grade II* listed building3. I note it is not disputed that the appeal site lies within the setting of both heritage assets, and I see no reason to disagree. 14. There is an inconsistent approach by the Council to this matter. The decision notice does not reference impacts on the listed building, although the officer report does. However, section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act), places a statutory duty on the local planning authority or, as the case may be, the Secretary of State 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. I have assessed this as part of the determination of the appeal as required by the Act. 15. Although the Act does not place the same duty in relation to proposals which may affect a SAM, paragraph 213(b) of the Framework clarifies that they are of the highest significance.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision Moreover, paragraph 212 of the Framework states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). 16. Neither of the main parties has established the significance or special interest of the designated heritage assets, or the contribution their settings make to said significance, if any. 17. The chapel evidently dates from the 12th century with later additions and is formed of limestone with a stone slate roof. It features 2-light windows to its north and south elevations as well as a bell turret to the west gable. Based on all that I have seen and read, its historic interest and significance is derived from its historic and architectural interests. This includes its age, connection to the local Tyas family, 2 List Entry Number: 1020326 ‘Medieval manorial complex, garden and water management features, St. Mary’s chapel, and a linear earthwork forming part of the Aberford Dyke system’. 3 List Entry Number: 1148440 https://www.gov.uk/planning-inspectorate 3

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision Appeal Decision APP/U2750/W/24/3351293 ecclesiastical and societal ties to area and its traditional construction and materials. 18. The chapel is located in an agricultural field, which is also included in the SAM designation. Its immediate setting, comprising the field has, to varying degrees, historic, functional, physical and visual links with the chapel. Furthermore, the rural character of the wider area as a whole and its surrounding open environs allow the historic function of the chapel to be better understood as a focal point of a dispersed rural parish. Overall, the setting of the listed chapel contributes considerably to the special interest and significance of the designated heritage asset. 19. The SAM includes a number of potential remains, such as earthworks, water management and dyke systems and the aforementioned chapel. From the information before me, the significance of the SAM is therefore largely derived from archaeological, architectural interest and historic interests. This includes its location, surviving and buried remains, evidence of historic land use and management and the interrelationship of said features in medieval life. 20.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision The expansive spaciousness and rural character of the wider area provides an integral part of the historic setting of this important manorial complex. This allows an appreciation of the interrelationship of the features of the SAM and the local area with each other which, in turn, contributes to their significance. Having regard to the above, the open and rural character of the area forms part of the assets’ wider spacious setting and makes a positive contribution to the significance of the SAM. 21. The appeal site lies in close proximity to the boundary of the SAM, while the chapel is located a further distance albeit it lies within the SAM itself. I have concluded that the proposal would harm the character and appearance of the area. Given the contribution that the rural character of the area makes to the setting and therefore part of the significance of both assets, it follows that there would be harm to the setting of both the SAM and listed building. 22. This would be contrary to policies SP18 and SP19 of the CS which seek to ensure, among other things, that development proposals conserve historic assets which contribute to the distinct character of the district.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision The proposal would also be contrary to the historic conservation aims of the Framework, including paragraph 212 which advises that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be). This is particularly important in the context of the Grade II* listed building and SAM. 23. Following the approach in paragraph 215 of the Framework, this harm would be less than substantial. Accordingly, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use. I will return to this matter later in the report. 24. There is also reference to the setting of a battlefield by both main parties. The information for the SAM references the Battle of Towton to have taken place some 2km from the SAM area. The information for the battlefield provided by the appellant advises that the area of the battlefield is located in and around the village of Saxton. As with SAMs, there is no statutory protection under the Act for https://www.gov.uk/planning-inspectorate 4

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision Appeal Decision APP/U2750/W/24/3351293 registered battlefields, although they are listed in paragraph 213(b) as an asset of the highest importance. However, based on the distance from the appeal site and intervening topography, I do not consider harm would be caused to the setting of the battlefield of the Battle of Towton, thereby preserving its significance Highway Safety 25. The appellant advises that there is capacity for 26 vehicles in the car park. They also agree that the proposal would be likely to increase visitors to the site. The area of overflow parking is evidently unauthorised, and while again it is not my role to determine this lawfulness in the context of a section 78 appeal, its presence indicates that capacity could at times be full. 26. There is nothing before me to indicate whether there is sufficient parking at certain times, such as a parking survey, particularly in light of the appellant agreeing that use of the car park is likely to increase. In this scenario, the likely outcome would be visitors who cannot find parking on site are forced to use the sidings of the B1217 road.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision I observed 3 vehicles parked on the side of the road at the time of my site visit, which was in the late morning midweek and while the pub car park was not full. 27. I also observed that the road is relatively busy, with many vehicles travelling along at or close to the speed limit of 60 miles per hour. Visitors to the site who were forced to park along the road would have to walk towards the café along the side of the road which has no footpath. This would present a clear risk to pedestrian safety and increased risk of collision to other motorists were vehicles forced to evade people at the side of the road. 28. As a result of the lack of substantive information on this matter, I share the concerns of the Council that the proposal would not be conducive to highway safety. This would be contrary to policies ENV1, T1 and T2 of the CS, which seek to ensure the relationship of the proposal to the highway network and the arrangements to be made for car parking are acceptable, among other things.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision The proposal would also be contrary to paragraph 115 of the Framework, which advises that development should create places that are safe, secure and attractive – which minimise the scope for conflicts between pedestrians, cyclists and vehicles. Whether Suitable Location 29. The appeal site is located outside of a recognised settlement, with the nearest being Saxton some 0.8 miles to the east. Paragraph 89 of the Framework seeks to support rural business development, including by recognising that sites to meet local business and community needs in rural areas may have to be found adjacent to or beyond existing settlements, and in locations that are not well served by public transport. In these circumstances it will be important to ensure that development is sensitive to its surroundings, does not have an unacceptable impact on local roads and exploits any opportunities to make a location more sustainable (for example by improving the scope for access on foot, by cycling or by public transport). 30. I have already found that the proposal would be harmful to the character and appearance of the area, the setting of heritage assets and would not preserve highway safety.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision Moreover, there is nothing before me to indicate that there is a https://www.gov.uk/planning-inspectorate 5

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision Moreover, there is nothing before me to indicate that there is a https://www.gov.uk/planning-inspectorate 5 Appeal Decision APP/U2750/W/24/3351293 particular business or community need for the development. As such, regardless of whether the site is isolated in the context of the rural area, it has not been adequately demonstrated that the location would be conducive to supporting the development of a rural business. This is contrary to paragraph 89 of the Framework as described above. Other Considerations 31. I have found that the proposal would constitute inappropriate development in the Green Belt as it would not preserve its openness. The Framework is clear in paragraph 153 that substantial weight is given to any harm to the Green Belt, including harm to its openness. Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations. 32.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision In this case, I have also found other harms resulting to the character and appearance of the area, the setting and therefore significance of designated heritage assets, highway safety and the location of the appeal site in the countryside. Alongside the substantial weight attributed to harm to the Green Belt, the Framework is clear in paragraph 212 that great weight should be given to the conservation of heritage assets. Furthermore, harm to the character and appearance of the area, highway safety and locational aspirations for development are worthy of further significant harm. Taken together, these factors weigh against the scheme considerably. 33. Set against this harm, there is nothing before me to indicate what the benefits of the proposal would be, public or private. It is reasonable to assume that there may be a minor financial boost to the public house as a result of increased trade, although given the scale of the café and farm shop this would seem to be limited. Conclusion 34. The proposal would be inappropriate development in the green belt which is harmful by definition.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — Appeal Decision There is also further harm to the character and appearance of the area, the settings of heritage assets, the location of the proposal and highway safety. I was not presented with other considerations which could constitute very special circumstances public benefits sufficient to overcome the less than substantial harm to the heritage assets or indeed the other harms identified individually or collectively. 35. As such the proposal would conflict with the provisions of the Act, development plan and advice in the Framework. The appeal is therefore dismissed.

The Crooked Billet, Castle Hill To The Rein, Saxton, North Yorkshire, LS24 9QN — North Yorkshire Council — C McDonagh INSPECTOR https://www.gov.uk/planning-inspectorate 6