Yorkshire Dales National Park Authority

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1 FF RH RH Yorkshire Dales National Park Authority Application Code: Committee Date: 14/02/2017 Location: Mystified Bungalow, Bishopdale Lane, Bishopdale Howesyke Issues Bishopdale CG FB Track Howgill Gill Tk S Sinks CG Tk S Waterfall Bishopdale Beck Bishopdale Mystified Bungalow West Lane Farm Sinks Sheepfold B B B Howgill Gill RH Sheepfold Issues New Barn Dale Foot BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE BISHOPDALE Dalefoot Plantation CG West Lane Farm Sheepfold B Mystified Bungalow Sinks FOR REFERENCE PURPOSES ONLY. NO FURTHER COPIES TO BE MADE Crown copyright and database rights 2016 Ordnance Survey Additional information: Yorkshire Dales National Park Authority

2 Application No: District: Parish: Applicant's Name: Grid Ref: Richmondshire Newbiggin Mr & Mrs Mason, SD Received by YDNP: 17/10/2016 Officer: Michelle Clowes PROPOSAL: LOCATION: variation of Condition 2 of application reference R/57/50A Mystified Bungalow, Bishopdale Lane, Bishopdale CONSULTEES Aysgarth & District PC Penhill Ward NYCC - Area 1 Richmond Highway Depot Recreation & Tourism Manager PUBLIC RESPONSES The majority of councillors were in favour of this application. No objection. No comments received. No objection subject to a condition requiring the provision of a car parking area to serve the holiday let. No comments received. A letter has been received from a neighbouring landowner making a number of observations in relation to the planning application. Their letter is extensive and the full details can be found in the planning file on Members extranet. Comments include observations on the distance of the property from any facilities or defined settlement, impact on their amenity, the contribution of 1 holiday cottage to the local economy and the impact on local sewerage and water supply. RELEVANT PLANNING POLICIES C4(15) - Sub-division SP1(15) - Presumption in favour of Sustainable Development SP2(15) - National Park Purposes SP4(15) - Development Quality OFFICER OBSERVATIONS REASON FOR COMMITTEE CONSIDERATION This application is reported to the Planning Committee at the request of Mr Blackie. APPLICATION SITE This application relates to Mystified Bungalow, a modern detached local occupancy bungalow with attached annexe, situated adjacent to the B in the centre of 14 Feb 2017 Page: 35

3 Bishopdale. The main bungalow is a sizeable property providing 3 bedrooms. The annexe contains a living room, kitchen, bathroom and 2 bedrooms with an approximate floorarea of 70sqm. RELEVANT PLANNING HISTORY Planning permission for the erection of the bungalow was granted in 1973 under reference YD 2/1/805. The occupancy of the dwelling was restricted to a rural worker (condition 2). In May 2007 planning permission was granted under reference R/07/50A for the erection of an extension to create annexed living accommodation and office. In December 2010 permission was refused for the removal of condition 2 of YD2/1/805 (reference R/07/50B). It was considered at the time that the price the property was being marketed at, did not reflect the rural workers occupancy restriction and the applicant was not willing to enter in to a local occupancy restriction. In September 2012 planning approval was granted for the replacement of the rural workers restriction with a local occupancy restriction (R/57/50C). PROPOSAL Permission is sought for the variation of condition 2 of application reference R/57/50A to allow the annexe to be used as a holiday let as well as ancillary residential purposes i.e. as extended accommodation for visiting friends and family. Condition 2 currently states: The additional residential accommodation hereby permitted shall be occupied only as ancillary accommodation to the existing dwelling and shall not be occupied, sold, leased, rented or otherwise disposed of, as a separate dwelling unit and no separate curtilage shall be created. The reason for the decision was; as a separate dwelling in this location would undermine the Authority's Housing Strategy, would harm highway safety and the natural beauty of the landscape. The proposal does not include any physical external works to the building or garden area to facilitate the current use. BACKGROUND Mystified Bungalow was purchased by new owners in February 2016 and the annexe has been rented as a holiday let since May The applicant confirmed during the site visit In November 2016 that the property had been fully let since May 2016 apart from Christmas and New Year and was already fully booked for May, June and July The application has been submitted to regularise the current use of the site following an enforcement complaint. KEY ISSUES: -principle of the development -impact on character and appearance of area. -impact on neighbours. -impact on highway safety. PRINCIPLE OF THE DEVELOPMENT Mystified Bungalow consists of the main dwelling with an attached single storey annexe 14 Feb 2017 Page: 36

4 located in the open countryside outside of any defined settlement. Both sections of the building are of modern construction being built post The proposal essentially seeks permission the retention of an existing holiday let use within the former annexe part of the dwelling. A holiday let is categorised as a dwelling or a class C3 use in the Town & Country Planning (Use Classes) Order 1987 (as amended). Although there is a lockable interconnecting door between the main dwelling and the holiday let there are recent appeal decisions from the Prior Hall, Malham and Inglebyre cases which support the Authority's view that an additional dwelling has been created notwithstanding this feature. In this case both parts of the property have independent kitchens, bathrooms and front and rear accesses. When the holiday cottage is let both units are independently occupied on a self contained basis. The independent use of both units amounts to sub division (that ceases temporarily when the holiday let is used for purposes ancillary to the main house). However, despite the submission stating that they wish the annexe to have a mixed use as both a holiday let and for ancillary residential purposes (i.e. extended accommodation for the applicants for visiting friends and family), the number of bookings the applicant has advised that were taken in 2016 clearly indicates that the predominant use of the former annexe is as a holiday cottage. As a result the property becomes two dwellinghouses when the annexe is let as a holiday cottage for which planning permission is required. Policy C4 of the adopted Local Plan ( ) permits the sub division of an existing dwelling to form two dwellings providing that the dwelling has capacity for subdivision and that the new dwelling is the subject of a local occupancy restriction. The policy aims to add to the housing stock through the creation of smaller homes from larger under occupied dwellings. Mystified Bungalow lends itself readily to subdivision as the former annexe is located alongside the main building. As both properties have independent front and rear accesses and front and rear garden areas it would be relatively easy to create a pair of semi detached properties once the interlocking door is blocked up. There is also sufficient room for the creation of a car parking area immediately to the front of the annexe to provide for off road car parking. Taking these practicalities into account, it is considered that this site could provide a viable opportunity for providing a local occupancy dwelling consistent with the Authority s Housing Strategy. The applicants have previously been advised during the enforcement investigation that the subdivision of the property to a local occupancy dwelling could be supported in line with policy C4. However, this is not something that they wished to consider even though it would enable them to generate an ongoing economic return. In contrast, there is no specific policy within the Local Plan which would permit the conversion of a modern building to a holiday let use. The sub division to a holiday let is therefore contrary to policy C4 of the Local Plan. It is however acknowledged that there are competing priorities within the Local Plan. On the one hand, local occupancy housing is identified as a key priority and is supported by a number of policies including C1 and L2 whilst simultaneously, the plan offers support for new tourist facilities that enable visitors to come and enjoy the special qualities of the National Park. In this case although it is recognised that the holiday let would add to the range and quality of visitor accommodation in the National Park and that the occupants are likely to contribute to the local economy through visitor spending, it is considered that on balance the provision of holiday accommodation should not outweigh the supply and range of local market housing throughout the National Park. The proposal despite its advantages, prejudices the supply of local needs housing in an open countryside location. Smaller, two bedroomed properties like this, of modern construction with lower running costs would make an ideal local occupancy dwelling for which there is local need and 14 Feb 2017 Page: 37

5 planning policy support. In this respect, the proposal for the retention of the existing holiday let does not amount to sustainable development as it would reduce the supply of housing to meet local needs (criterion m of policy SP1). The applicant's agent has submitted a number decision notices from other Council s and Authority s around the UK. However, as they all relate to different sites, with different characteristics and are the subject of different development plan policies, none of them are considered to set a precedent in relation to this current application that would warrant a departure from the Development Plan. IMPACT ON NEIGHBOURS West Lane House is the only adjacent dwellinghouse located approximately 9m to the east of Mystified Bungalow. The occupants have commented that their amenity has been reduced since the former annexe has been used as a holiday let due to the increased comings and goings to the property and the loss of privacy from occupants being able to look down from the outdoor patio area into their rear garden. Whilst it is appreciated that the holiday let has led to a more intensive use of the site, the activities are consistent with those of a dwellinghouse and as such, do not result in a significant loss of residential amenity to West Lane House. The patio area for the holiday let formed part of the original curtilage of Mystified Bungalow and therefore the holiday use has not introduced a degree of overlooking over and above the original situation. Permitted development rights exist for the erection of a means of enclosure (wall or fence) up to 2m in height if the occupants of West Lane House wish to increase their privacy further. IMPACT ON HIGHWAY SAFETY North Yorkshire County Council as the Highway Authority initially raised concerns regarding the car parking provision for the holiday let as the applicant was relying on the use of an area of land to the front of the property outside of the defined residential curtilage. The land although used for informal car parking forms part of the publicly maintainable highway. Consequently, an amended plan was received which indicates the provision of new off road car parking to serve the holiday let alongside the existing driveway. The Highway Authority has advised that they have no objection to the scheme on highway safety grounds providing that the car parking spaces are created. ANALYSIS AND MATERIAL CONSIDERATIONS The proposal to vary condition no.2 of planning approval to allow the continued use of the former annex as a holiday let with occasional use as ancillary accommodation to the main dwelling would be contrary to policies C1 and C4 of the adopted Yorkshire Dales Local Plan ( ). In this instance there are no material considerations relating to the contribution of the holiday let to the local economy that outweigh the priority for providing local needs housing (which is supported by policy C4) to warrant departing from this policy. The annexe could provide a viable, independent 2 bedroomed dwelling thereby contributing to the Authority s Housing Strategy of providing more local occupancy dwellings. Allowing the continued use of the property as a holiday let would set an undesirable precedent for allowing the subdivision and conversion of any modern building anywhere within the National Park to such a use. Members will note the similarities between this proposal and that for Rose Cottage, Arncliffe, also on this agenda and recommended for approval. The material difference between the two cases is that the building at Rose Cottage would not make a viable local 14 Feb 2017 Page: 38

6 occupancy dwelling whereas this annexe at 70sqm could. Schedule No:6 The use of the former annexe as an independent holiday let is unauthorised. If Members are minded to refuse the application it is also recommended that Officers be authorised to serve an Enforcement Notice requiring the holiday let use to cease. As the owners have been advised to cease this use since May 2016 and that a planning application was unlikely to be supported, a compliance period of 6 months for the Enforcement Notice is considered to be reasonable given that the owners have chosen to ignore advice and continued to take bookings well into this year. RECOMMENDATION That planning permission be refused and an enforcement notice be authorised to cease the holiday let use within 6 months for the following reason: In the opinion of the Local Planning Authority the proposed sub - division of the building is contrary to policy C4 of the adopted Yorkshire Dales Local Plan ( ) as the additional dwelling created will not be subject to a local occupancy restriction. The proposal does not amount to sustainable development as it would reduce the supply of housing to meet local needs and is therefore contrary to criterion m of policy SP1 of the adopted Yorkshire Dales Local Plan ( ). In the event of non-compliance with the requirements of the enforcement notice, the Authority s solicitor be authorised to commence prosecution proceedings. 14 Feb 2017 Page: 39

Yorkshire Dales National Park Authority

Yorkshire Dales National Park Authority DUBB'S LANE DUBB'S LANE Lane Ends Barn Greystones Greystones 6 7 5 8 0 Fairlawn Town Head Barn Cornerstones Hall Chestnut Dale Ivy Rose 3 Beck Whimsical Pike Barn Rosemary Yorkshire Dales National Authority