1.
Site Description
1.1
The New Inn abuts the main road through the village (Old Road, formerly the A65
prior to construction of the by-pass). The seating platform is on the opposite side of
the road and overhangs the eastern bank of Clapham Beck. It is constructed from
timber, stained dark brown, and is used mainly by patrons of the inn as an outdoor
eating and drinking area. The New Inn is a grade II listed building and the site is in
the Forest of Bowland Area of Outstanding Natural Beauty and the Clapham
Conservation Area.
2.
Proposal
2.1
The platform has already been built and is in use. The application is for permission to
retain the development.
3.
Planning History
3.1
None.
4.
Planning Policy Background
4.1
PPG4 (Small Firms), PPG7 (Countryside), PPG15 (Historic Environment), PPG21
(Tourism); North Yorkshire County Structure Plan policies I13, E1, E4; Craven
District Local Plan policies ENV3, ENV15, BE7, BE11, EMP10, T2, T4.
5.
Parish/Town Council Comments
5.1
Clapham-cum-Newby Parish Council has made the following comments,
“The parish council does not wish to object to the retrospective application for the
decked platform at the New Inn, Clapham. As you will be aware permission was
already granted for tables and chairs to be sited there before the decking was built.
Councillors feel that the decking places the tables and chairs farther from the road
and is used by visitors to the village to look at the stream. However, the council is
concerned that there could be a potential litter problem”.
5.2
With respect to the parish council’s comment about permission being granted for
tables and chairs, it should be clarified that, some years ago, an opinion was
expressed by Craven District Council that planning permission was not required for
tables and chairs to be placed on land between the road and Clapham Beck, on the
basis that the land was associated with the inn and a material change of use was not
therefore involved. The parish council may be referring to the outcome of an
Industrial Tribunal in 1990, which is described at paragraph 9.2, below.
6.
Consultations
6.1
Environment Agency: No objection.
6.2
Local highway authority: The highway authority recommendation is that planning
permission should be refused on the following grounds,
“The proposal will result in members of the public and patrons of the New Inn
crossing the road with food and drink in a location that is unsuitable for such
manoeuvres and prejudicial to general highway safety. Forward visibility around the
corner is restricted for vehicles travelling North and for pedestrians emerging from
the New Inn entrance visibility is restricted to the left. Therefore the corner of the
building obscures visibility in both directions for vehicles and pedestrians alike to the
detriment of highway safety for all users of the road. The proposal would encourage
members of the public and patrons to congregate on the public highway where
informal pedestrian refuges are not available, again to the detriment of highway
safety for all users of the road.
Clapham is a busy dales village due to tourism and this proposal would result in a
serious and detrimental loss of pedestrian safety for members of the public and
patrons of the New Inn.
The Industrial Tribunal of 1990 looked at the Health and Safety issues of road side
development and not planning or highway issues.
Traffic volumes have greatly increased over the last 10 years and this Authority
cannot condone a development that represents a clear danger to pedestrians and
other road users”.
7.
Representations
7.1
None.
8.
Summary of principal planning issues
8.1
The effect of the development on the character and appearance of the area.
8.2
The effect of the development on highway safety.
9.
Analysis
9.1
The bank of Clapham Beck is, at this point, quite high and wide. Along the top of the
bank there is a post and rail fence and between this fence and the road are several
picnic tables. The fence and tables are constructed from timber stained dark brown.
The platform, which is proposed to be retained, overhangs the bank by approximately
3m and is itself constructed from timber stained dark brown. In this setting, the
platform appears as a small-scale structure of similar appearance to the adjacent
fence and picnic tables. It is therefore considered that the development has had no
significant effect on the character or appearance of the area.
9.2
The applicant, the parish council and the highway authority refer to an Industrial
Tribunal, held in 1990. This tribunal considered an appeal against a Prohibition
Notice served by Craven District Council under the Health and Safety at Work etc Act
1974, which required the removal of the picnic tables referred to above, on grounds
of highway safety. The decision of the tribunal was to cancel the notice and to award
costs against the council.
9.3
At paragraph 6.2 above, the highway authority describes what it believes to be a
clear road safety hazard. However, it is a matter of fact that patrons of the New Inn
cross the road between the inn and the picnic tables at present. They have done this
for at least 10 years and are likely continue to do so. The number and frequency of
additional pedestrian movements across the road, which may be attributable to the
development, is unlikely to be sufficient to have a significant effect on highway safety.
The comments of the Industrial Tribunal and Clapham-cum-Newby Parish Council
serve only to reinforce this view. Whilst volumes of traffic may have increased
generally in the last 10 years, the highway authority has not presented any evidence
to show that traffic volumes on this particular road have increased significantly or that
accidents have occurred.
10.
Recommendation
10.1
Approval of the application is recommended.
11.
Summary of Conditions
11.1
None.