Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision Site visit made on 25 November 2025 by C Skelly BA (Hons) MSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 20 January 2026 Appeal Ref: APP/E2001/W/25/3373424 Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire HU17 7PQ • 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 Amelia Heard against the decision of East Riding of Yorkshire Council. • The application Ref is 25/01170/PLF. • The development proposed is erection of no. 2 houses with associated landscaping and parking. Decision 1. The appeal is dismissed. Preliminary Matters 2. The description of development is described as “erection of no.2 houses with associated landscaping and car parking”. However, the Council used the revised description of “erection of 2 dwellings with detached garages and associated landscaping and parking”, in its decision notice, which more accurately reflects the proposed development and that is the basis on which I shall determine the appeal. 3. A concurrent appeal has been submitted for a similar scheme on land to the west of the Light Dragoon public house.

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision Whilst I am the same Inspector for both appeals I have considered each scheme separately. 4. Because the appeal site lies in the Etton Conservation Area (CA), I have had special regard to Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBCAA). Main Issues 5. The main issues are: • the effect of the proposed development on the character or appearance of the site and surrounding area including the Etton Conservation Area within which the site lies; • whether the proposed development provides adequate living standards for future occupants with particular regards to privacy, noise and disturbance and the continued viability of the public house; and • whether or not adequate arrangements are made for the disposal of surface water from the site. https://www.gov.uk/planning-inspectorate

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision Appeal Decision APP/E2001/W/25/3373424 Reasons Character and appearance 6. The appeal site is part of a former car park associated with the Light Dragoon public house. The Light Dragoon public house was nominated by the Parish Council as an Asset of Community Value on the 18 August 2025, however no expressions of interest were received. The appeal site is separated from the wider public house site by close boarded timber fencing and is currently used for the storage of vehicles. A new car park has recently been constructed to the rear of the public house and the area directly in front of the building is used as a beer garden. The area to the rear of the car park is open countryside and forms part of the Important Landscape Area (ILA). I observed that the public house building is a noticeable feature as you enter the village from the direction of Cherry Burton as it is in an elevated position and set against the backdrop of countryside. 7. Whilst there are some examples in the village where houses are set back from the road with gardens to the front, the prevalent character is of dwellings set to the pavement edge.

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision In contrast, the Light Dragoon public house is set back from the road in an elevated position making it a prominent building within the street scene. 8. The site lies within the Etton CA. The village is linear in character at the foot of the Wolds and there are two distinctive parts to the CA. The western part consists mainly of 18th and 19th century village houses, farmsteads and outbuildings with a noticeable unity of form and materials. Whereas the eastern part of the CA is dominated by detached buildings around the Church. Its significance is historical and architectural reflecting the sociological divide of English society in the past. The Light Dragoon public house is included in the Etton Conservation Area Appraisal (2007) (CAA) as an unlisted building of historic significance. The CAA refers to it being sited on a large car park and due to its white colour creates a focal point of the village and is almost more visible than the church. The setting of the public house has altered since the CAA was undertaken with the demolition of a number of outbuildings and re-location of the car park to the rear.

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision Nevertheless, the front part of the appeal site remains free from built development and its open character makes a positive contribution to the character and appearance of the CA. 9. The proposed dwellings would be of traditional design and positioned towards the front of the appeal site in an area most recently used as car parking. The dwellings would be stepped back from No 30 Main Street and away from the principal elevation of the Light Dragoon public house, with garaging and car parking located to the rear via the access road that leads to the public house’s car park. Although there are examples where properties are set back from the road, they have a deep step back, which is continuous across several frontages. Therefore, the proposed stepped arrangement would create an awkward form of development in comparison with the existing linear pattern of the village. In addition, as the land rises gently upwards from the road frontage the new dwellings would appear taller than the existing dwellings along Main Street, thereby increasing their visual prominence within the street scene, competing with the scale of the Light Dragoon public house. 10.

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision Whilst both plots would have small front gardens, with plot 3 being deeper in an attempt to prevent views of the public house being obscured, the built form would visually enclose much of the site, undermining the visual prominence of the Light https://www.gov.uk/planning-inspectorate 2

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision Whilst both plots would have small front gardens, with plot 3 being deeper in an attempt to prevent views of the public house being obscured, the built form would visually enclose much of the site, undermining the visual prominence of the Light https://www.gov.uk/planning-inspectorate 2

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision Appeal Decision APP/E2001/W/25/3373424 Dragoon public house, especially when approaching from the east of the village. This building makes a positive contribution to the significance of the CA and the proposal would undermine its prominence. This, together with the stepped pattern of the development and reduced views towards the open countryside as you approach the village from higher ground would harm the character and appearance of the CA. 11. The appellant contends that the site does not have a semi-rural character as views towards the open countryside had previously been interrupted by the presence of single storey outbuildings. Although the historic mapping shows the presence of buildings to the front of the site, these followed the building line of the adjoining site which is the prevalent linear character of the village, rather than the stepped built form which is proposed. 12. The appellant has referred me to examples where permission has been granted for new homes within the CA. I have not been provided with the full details of these cases, nor the circumstances in which permission was granted.

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision However, based on the submitted details they were back land development or follow the building line of the adjoining site and therefore are not directly comparable to the appeal scheme. In any event I have considered the appeal on the basis of the evidence before me. Heritage Balance 13. The proposal would harm the character and appearance of the Light Dragoon public house which contributes positively to the CA. I find the harm to be less than substantial in this instance, and at the lower end of the spectrum, but nevertheless of considerable importance and weight. Paragraph 215 of the Framework states that where harm is identified to the significance of designated heritage assets and their setting, it should be weighed against the public benefits of the proposal. 14. The proposal would provide two new dwellings which would contribute towards meeting local housing needs on previously developed land both of which are supported by the Framework. However, the Council had a supply of 7.3 years housing land in October 2024 and therefore two additional units would make a very small contribution to this supply. I therefore attribute minor weight to these benefits.

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision There would also be some economic benefits during the construction phase and the associated increase in activity in the supply chain. Given the scale of the works the public benefit accruing from this would be limited. 15. Taken overall, I attribute minor weight to the public benefits of the proposal, which is insufficient to outweigh the less than substantial harm to the CA. Given this and the above, I conclude that the proposal would fail to satisfy the requirements of the LBCAA and Policies ENV1, ENV2 and ENV3 of the East Riding Local Plan Update 2025-2039 (2025) (LP). Together, these policies amongst other things seek to ensure that all development respects the character and appearance of the area through their design and layout, reinforces local distinctiveness and conserves and enhances the significance of heritage assets. Residential amenity 16. Paragraph 200 of the National Planning Policy Framework (the Framework) states that decisions should ensure that new development can be integrated effectively with existing businesses and community facilities. It goes onto state that existing businesses and facilities should not have unreasonable restrictions placed on them https://www.gov.uk/planning-inspectorate 3

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision Appeal Decision APP/E2001/W/25/3373424 as a result of development permitted after they were established. This requirement has been carried forward into Policy ENV1 of the LP. 17. The public house would be retained as part of the proposal, with the customer car park to the rear and small beer garden to the front. Access to the proposed garages would be shared with that of the public house car park. The approved plans for the 2024 permission1 for alterations to the Light Dragoon public house show a kitchen on the east side of the property on the ground floor with two windows and a door. Whilst I observed that there is only a door on this elevation at present, these openings could be installed at any time. 18. The new openings would face directly towards the garden area of plot 3, in proximity to the large bi fold doors serving the lounge area and a window serving a bedroom on the first floor. This is likely to result in noise disturbance for future occupants from staff working in the kitchen especially during the warmer summer months when windows and doors are likely to be open.

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision To the front elevation there would also be windows to a dayroom and kitchen on the ground floor and to a bedroom at the first-floor level which would be in proximity to the beer garden of the public house, which would cause further noise and disturbance for future occupants. 19. The garden of plot 3 would also align with the car park area of the Light Dragoon public house. Due to the rising land levels the car park would be at a higher level to that of this garden space and would provide opportunity for overlooking and also from noise and disturbance from vehicles entering and leaving the car park such as car doors banging and engines starting up. 20. To the opposite side of the access road is No 30, a converted barn, which has extensions to the rear which run along the boundary of the proposed access, however there is only a small window which fronts onto the access, which serves a landing area.

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision Whilst this property has a courtyard area, as the proposed dwellings would be located at least 6.3m distance away from this property and would be broadly the same height as the existing public house, I do not consider that it would result in unacceptable harm to the living conditions of the residents of this dwelling with regards to sunlight. 21. Whilst I note that no objections were raised by the Council’s Environmental Health Officer, the increased incidents of noise and disturbance to future occupants could undermine the continued viability of the public house business. Although the appellant contends that the public house has been operating without complaints, the proximity of the new dwellings compared to the existing situation makes complaints more likely for the reasons I have outlined. 22. The proposed development would cause unacceptable harm to the living conditions of future occupants with regards to privacy, noise and disturbance, harming the continued viability of the public house and thereby conflicts with Policies ENV1 and ENV6 of the LP.

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision These policies seek amongst other things to ensure that development does not result in unreasonable restrictions being placed on existing uses and that other forms of pollution does not result in unacceptable consequences to its users and the wider community. 1 LPA Reference 24/03512/PLF https://www.gov.uk/planning-inspectorate 4

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision These policies seek amongst other things to ensure that development does not result in unreasonable restrictions being placed on existing uses and that other forms of pollution does not result in unacceptable consequences to its users and the wider community. 1 LPA Reference 24/03512/PLF https://www.gov.uk/planning-inspectorate 4

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision Appeal Decision APP/E2001/W/25/3373424 Flood Risk 23. Policy EN6 of the LP requires environmental flood risk to be managed to ensure development does not result in unacceptable consequences for its users, the wider community and the environment. The appeal site is located within flood zone 1, however the land to the north may be subject to surface water flooding. Yorkshire Water objected to the proposal on the grounds that the drainage details were not acceptable. Further details dated 5th June 2025 were submitted to address these concerns, however the Council’s Land Drainage Team required revised hydraulic calculations with additional storage set to zero as well as confirmation from Yorkshire Water agreeing to the discharge of surface water to sewers as shown on the revised drawings. 24. The appellant submitted further information on 23rd June 2025. Yorkshire Water were not consulted prior to the refusal of the application. However, the appellant states that they have informally agreed the revised plans. On this basis I am satisfied that adequate arrangements could be made for the disposal of surface water from the site.

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision The proposal therefore complies with Policy ENV 6 of the LP which seeks amongst other things to ensure that new development does not increase flood risk within or beyond the site. Other Matters 25. I am aware that the site is proximate to the Grade II listed K6 telephone kiosk2 and the war memorial3, located on the opposite side of the road to the appeal site. Mindful of the statutory duty set out in s66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act), I have had special regard to the desirability of preserving the setting of these assets. The significance of these structures is historical. There are also the two further listed buildings of Cherry Corner4, 35 Main Street and 57 Main Street5 both of which are early 19th century houses and their significance is historical and architectural. However, the Council did not consider that the proposed development would significantly impact these designated heritage assets and based on my observations I concur. 26. I note that there has been support for the proposal, however, neither this nor the other matters raised outweigh or alter my conclusions on the main issues. Conclusion 27.

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — Appeal Decision The proposed development would cause less than substantial harm to the character and appearance of the CA and would create unacceptable living conditions for future occupants with regards to privacy, noise and disturbance and consequently harm the viability of the public house business. These harms bring the scheme into conflict with the development plan as a whole and the material considerations I outline above, including the Framework do not indicate that the appeal should be decided other than in accordance with it. Therefore, for the reasons given, the appeal is dismissed.

Land to the East of The Light Dragoon, Main Street, Etton, East Riding of Yorkshire, HU17 7PQ — East Riding of Yorkshire Council — C Skelly INSPECTOR 2 List entry 1253169 3 List entry 1425098 4 List entry 1103404 5 List entry 1103405 https://www.gov.uk/planning-inspectorate 5