1.
Site Description
1.1
A detached dwelling, formerly a farmhouse and barn, set off the road from Lower
Westhouse to Burton in Lonsdale.
1.2
The site lies outside the development limits and within the Special Landscape Area.
2.
Proposal
2.1
To erect a double garage. It would be of stone and with a slate roof.
3.
Planning History
3.1
5/68/119. Use of building as dwelling. This was a certificate of lawful existing use,
which was refused in June 1997.
3.2
5/68/119/A. Restoration and re-occupation of cottage. Approved October 1997.
4.
Planning Policy Background
4.1
Craven District Local Plan. Policies ENV1, ENV 2, ENV 4.
5.
Parish/Town Council Comments
5.1
Thornton in Lonsdale Parish Council have no objection to this proposal.
6.
Consultations
6.1
No technical consultations required.
7.
Representations
7.1
None received.
8.
Summary of Principal Planning Issues
8.1
The impact of the proposal on the character and appearance of the open
countryside.
8.2
The principle of development outside the curtilage of the dwelling.
9.
Analysis
9.1
This dwelling is set in open countryside south west of Lower Westhouse and north
east of Burton in Lonsdale. It is remote from the highway linking those settlements
and is served by a track leading down from that road. In landscape terms it is well
shielded to the north by landform, planting and established highway hedges. It is
more open from the south, albeit distant views.
9.2
Policy ENV 1 would allow small scale development in the countryside providing it is
small scale and appropriate. It should benefit the rural economy; help to maintain
landscape character; be essential for the efficient operation of agriculture or be
essential to the needs of the rural community. This is a garage to serve an existing
dwelling and, whilst being small scale, does not meet any of the four tests of that
policy.
9.3
The preamble to that policy also relates to the protection of the open countryside
from sporadic development. In this case, both the earlier applications referred to
above, did show a clear definition of curtilage. The later, approved, application for the
restoration and re-building which allowed this dwelling the red line boundary is clearly
drawn along the west – east boundary line to the south of the access track and north
of the buildings. On site, this boundary exists until it reaches the western boundary of
the curtilage, where there is now an incursion into the field to the north; rubble and
building materials being stored there and temporary demountable fencing now
forming the west and north boundaries of the application site. This may have
occurred since the 1997 approval was implemented, but was clearly not part of that
application or approval. This application is for the erection of the garage but should
include the change of use of agricultural land for domestic purposes.
9.4
On this basis, the assessment of the impact on the countryside should also include
both the building, the definition of curtilage and the use. Policy ENV 2, applicable
where development is acceptable in principle, does require that existing landscape
features, including walls and hedges are protected. More specifically, policy ENV 4
would not allow development which adversely affects the visual character of the
protected landscape. In this case, the extension of the domestic curtilage, the loss of
hedges and the new building proposed will so affect this open countryside, resulting
in a loss of character and appearance. This would be contrary to the requirements of
Policy ENV 4.
10.
Recommendation
10.1
Refuse.
11.
Reason for refusal
11.1
The proposed development, by reason of the extension of the authorised domestic
curtilage of the existing dwelling into the adjoining field and the loss of existing field
boundaries would result in a change of character and be detrimental to the
appearance of the protected landscape. The proposal is therefore considered to be
contrary to policies ENV 1, ENV 2 and ENV 4 of the Craven District (outside the
Yorkshire Dales National Park) Local Plan.