Case 3365299

4 Manor Garth , School Lane, Holmpton, HU19 2QS

East Riding of Yorkshire Council — appeal dismissed

Outcome
Dismissed
Decision date
13 August 2025
Authority
East Riding of Yorkshire Council
Inspector
Skelly C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Malcolm Booth
LPA reference
25/00046/PLF
ONS LPA code
E06000011
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 May 2025

Summary AI

The inspector dismissed the appeal for a change of use of a dwelling to a short-term holiday let due to concerns about noise disturbance to neighbouring residents, despite the potential economic benefits. The proposal would conflict with policies seeking to support new tourism development where it is appropriate for the location and ensures a high standard of amenity for existing and future occupiers. The inspector considered that the harms outweighed the benefits and that a condition restricting occupancy levels would not adequately manage the holiday use of the property.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

4 Manor Garth , School Lane, Holmpton, HU19 2QS — East Riding of Yorkshire Council — Appeal Decision Site visit made on 15 July 2025 by C Skelly BA (Hons) MSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 13 August 2025 Appeal Ref: APP/E2001/W/25/3365299 4 Manor Garth, School Lane, Holmpton, East Yorkshire HU19 2QS • 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 Malcolm Booth of Pantile Construction Ltd against the decision of East Riding of Yorkshire Council. • The application Ref is 25/00046/PLF. • The development proposed is the change of use of dwelling to an 8 person air B and B (retrospective). Decision 1. The appeal is dismissed. Preliminary Matter 2. The development proposed is described as “change of use from residential to air B and B (retrospective)”. The above description is taken from the application form. However, the proposal would be more accurately described as a “change of use from residential dwelling to short term holiday let”. The Council used this wording in its decision notice and that is the basis on which I shall determine the appeal, with the exclusion of reference to “retrospective” as this is not a form of development. 3.

Page 1 · Chunk 1 Appeal Decision

4 Manor Garth , School Lane, Holmpton, HU19 2QS — East Riding of Yorkshire Council — Appeal Decision The Council adopted the East Riding Local Plan Update 2025 – 2039 (LP) in April 2025, after its refusal of planning permission. This supersedes the previous East Riding Local Plan that was adopted in 2016. In these circumstances, I am required to determine the appeal against the current development plan for the area at the time of my Decision. I have therefore determined the appeal in accordance with Policies EC2, ENV1 and ENV6 of the LP. Main Issue 4. The main issue is the effect of the proposal on the living conditions of the occupiers of neighbouring dwellings with regard to noise and disturbance. Reasons 5. The appeal site is a newly built two-storey detached dwelling. To the front there is a large area of tarmac, which leads to a detached double garage. The property is located within the rural village of Holmpton, which has no amenities. It is located on a residential cul-de-sac, accessed via electric gates and shared driveway to three detached dwellings of similar style and a detached outbuilding. The three other dwellings in the cul-de-sac face towards the garden of the host property, being divided from it by the shared driveway and modest sized front gardens. I https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

4 Manor Garth , School Lane, Holmpton, HU19 2QS — East Riding of Yorkshire Council — Appeal Decision Appeal Decision APP/E2001/W/25/3365299 observed that the site and surrounding area were quiet, with limited activities taking place and low background noise levels. 6. The proposal is for the change of use of the dwelling to self-contained holiday accommodation for a maximum of 8 guests at a time. Although the submitted drawings show three bedrooms, the appellant confirms that the property has four bedrooms and I observed that each of these accommodated a double bed, with one room having an additional single bed (as a bunk over the double). On the ground floor the accommodation includes a lounge, kitchen/diner and a separate games room. French doors lead out to a garden with outdoor seating area which is enclosed partly by a brick wall with timber fencing above. 7. As the property has four bedrooms it could be used by more than one family or similar groups. The activities of visitors using the site for holiday purposes are likely to be different from the lifestyles of neighbouring residents. Holiday guests are more likely to utilise outdoor spaces for cooking, eating and socialising, which may happen later at night especially during the summer months.

Page 2 · Chunk 3 Appeal Decision

4 Manor Garth , School Lane, Holmpton, HU19 2QS — East Riding of Yorkshire Council — Appeal Decision Although the appeal property is detached, Nos 1, 2 and 3 Manor Garth are in proximity to the main outdoor garden area, with the windows of main habitable rooms facing towards it. The intervening boundary treatments between properties and the garden area offer little mitigation in relation to noise disturbance. Therefore, given the very quiet character of the site, any increased level of activity would cause noise disturbance to neighbouring residents. 8. Whilst there is no guarantee that the external spaces of a C3 dwelling would not be used regularly and during anti-social hours, there is potentially a greater risk of this occurring with a holiday let. Furthermore, a higher turnover of new visitors all year round, could also contribute to a more transient character, which is likely to conflict with the general lifestyle of established residents. 9. I note that no formal complaints have been submitted to the Council’s Public Protection team. Nevertheless, neighbours and the Parish Council have raised concerns with regards to incidents of noise disturbance, damage to property and parking issues.

Page 2 · Chunk 4 Appeal Decision

4 Manor Garth , School Lane, Holmpton, HU19 2QS — East Riding of Yorkshire Council — Appeal Decision Whilst it was not a requirement for the Public Protection Team to be consulted on this proposal, I recognise that due to the transient nature of holiday accommodation that addressing noise complaints is innately difficult. No substantive information has been submitted in relation to the management of the property as holiday accommodation and how issues would be managed at the time they occur. 10. The appellant considers that the Council could attach a suitably worded condition restricting occupancy levels similar to those imposed on a permission at 12 High Street, Aldbrough. However, I note that this condition was intended to address the concerns relating to the temporary change of use of a garage to holiday accommodation in relation to highway safety and was of a much smaller scale than the appeal proposal and therefore is not directly comparable. I am not satisfied that such a condition would adequately manage the holiday use of the property without causing harm to the living conditions of neighbouring residents nor that it would meet the requirements of paragraph 57 of the National Planning Policy Framework with regards to being enforceable, precise and reasonable in all other aspects.

Page 2 · Chunk 5 Appeal Decision

4 Manor Garth , School Lane, Holmpton, HU19 2QS — East Riding of Yorkshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

4 Manor Garth , School Lane, Holmpton, HU19 2QS — East Riding of Yorkshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/E2001/W/25/3365299 11. The Council commissioned a Tourism Accommodation Study (2016) which concludes that the development of new commercial accommodation such as new self-catering units should be supported to encourage leisure and business visitors. Whilst I recognise that the proposal would have some positive impact on the local economy, as the site is not accessible by public transport and there are no facilities in the village, these benefits would be limited and are not outweighed by the harms which I have identified above. 12. The proposal would result in unacceptable harm to the living conditions of the occupiers of neighbouring dwellings with regard to noise and disturbance. It thereby conflicts with Policies EC2, ENV1 and ENV6 of the LP which amongst other things seek to support proposals for new tourism development where their scale is appropriate for the location and to ensure a high standard of amenity for all existing and future occupiers of land and buildings. Other Matters 13. I am aware that the site is proximate to the Grade II listed Church of St Nicholas1 and the Grade II listed Manor Farm House2.

Page 3 · Chunk 7 Appeal Decision

4 Manor Garth , School Lane, Holmpton, HU19 2QS — East Riding of Yorkshire Council — Appeal Decision Mindful of the statutory duty set out in section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBCAA), I have had special regard to the desirability of preserving their setting. Given the location and extent of the proposed development, I consider that it would preserve the setting of these listed buildings, the significance of which would not be harmed. I note the Council has raised no concerns in this regard. 14. The appeal site is located in the Holmpton Conservation Area (CA). Section 72(1) of the LBCAA requires special attention to be paid to the desirability of preserving or enhancing the character or appearance of the CA. The CA’s main characteristics include the amount of woodland given the proximity to the coast, the buildings set within it and the variety of building materials. The significance of the CA is architectural and historical. 15. Bearing in mind the extent, nature and location of the proposed development the CA as a whole would be preserved. I note that the Council raised no objection in this regard. Nevertheless, this lack of harm weighs neutrally and does not amount to a consideration in support of the appeal or alter my overall conclusion on the main issue.

Page 3 · Chunk 8 Appeal Decision

4 Manor Garth , School Lane, Holmpton, HU19 2QS — East Riding of Yorkshire Council — Appeal Decision Conclusion 16. The proposal conflicts with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. 17. For the reasons given above the appeal should be dismissed.

Page 3 · Chunk 9 C Skelly

4 Manor Garth , School Lane, Holmpton, HU19 2QS — East Riding of Yorkshire Council — C Skelly INSPECTOR 1 List entry 1083482 2 List entry 1083429 https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Living conditions
Against appellant
¶5

The inspector observed that the site and surrounding area were quiet, with limited activities taking place and low background noise levels. However, the proposal would likely increase the level of activity and noise disturbance to neighbouring residents, particularly at night during the summer months.

Living conditions
Against appellant
¶7

The inspector noted that holiday guests are more likely to utilise outdoor spaces for cooking, eating and socialising, which may happen later at night, especially during the summer months, and that the intervening boundary treatments between properties offer little mitigation in relation to noise disturbance.

Living conditions
Against appellant
¶9

The inspector recognised that addressing noise complaints is innately difficult in transient holiday accommodation and that no substantive information had been submitted in relation to the management of the property as holiday accommodation.

Living conditions
Against appellant
¶10

The inspector was not satisfied that a condition restricting occupancy levels would adequately manage the holiday use of the property without causing harm to the living conditions of neighbouring residents.

Ecology and biodiversity
Neutral
¶13

The inspector noted that the site is proximate to the Grade II listed Church of St Nicholas and the Grade II listed Manor Farm House, but considered that the proposed development would preserve the setting of these listed buildings.

Heritage impact
Neutral
¶14

The inspector noted that the appeal site is located in the Holmpton Conservation Area and that the proposed development would preserve the character or appearance of the area, but this consideration weighed neutrally and did not alter the overall conclusion on the main issue.

Policies relied on

Reference Weight
EC2
Determinative
ENV1
Determinative
ENV6
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 13 August 2025 under the Open Government Licence.