North Yorkshire Council
Community Development Services
Skipton and Ripon Area Constituency Planning Committee
03 DECEMBER 2024
ZA24/25923/FUL - PROPOSED constructION OF a covered, steel portal frame agricultural building AT SOUBER DAIRY, BANK NEWTON, SKIPTON, NORTH YORKSHIRE, BD23 3NT ON BEHALF OF MR TOM DODGSON.
Report of the Assistant Director Planning – Community Development Services
|
1.0 Purpose of the Report
1.1 To determine a planning application for a steel framed agricultural building at Souber Dairy, Bank Newton, Skipton, North Yorkshire, BD23 3NT.
1.2 To set out details of the proposal, a description of the site and its surroundings, a summary of planning policy and planning history, a summary of the relevant planning issues and a recommendation to assist the Committee in considering and determining this application for planning permission.
1.3 This application has been called in to be determined by Planning Committee due to concerns over the impacts upon the Highway. |
2.0 EXECUTIVE SUMMARY
RECOMMENDATION: That planning permission be GRANTED subject to conditions listed with Section 12 of this report.
2.1. This applicant seeks full planning permission for the construction of an agricultural building located to the North of the cluster of existing agricultural storage buildings and east of the farm holding.
2.2. The application site forms part of a farming enterprise and thus the principle of supporting existing farm business to continue to support the rural economy is acceptable.
2.3. The existing site is made up of concrete hardstanding site which is currently used as storage for feed. The building will be of standard agricultural design and materials and will be visually similar to others on the farm holding with the continued use being for the storage of feed.
2.4. Concerns have been raised by residents with regards to the impacts this development would have upon highway safety. This concern has been assessed within the report and it is not considered that the proposed development would create issues in relation to highway safety. Comments have also been received regarding the continued growth of the farming enterprise.
↑
N
© Crown Copyright and Database Rights (2024) Ordnance Survey AC0000825864
|
|
3.0 Preliminary Matters
3.1. Access to the case file on Public Access can be found here: https://publicaccess.cravendc.gov.uk/online-applications/
3.2. No pre-application discussions were held prior to this application being submitted.
3.3. There are no previous planning applications relevant to the consideration of this application.
4.0 Site and Surroundings
4.1. The application site is an established family run dairy farm located at Bank Newton with a farm holding extending to 319 ha (790 acres). The farm has two sites, the original Crossgates Farm to the West of the Leeds Liverpool Canal, and the more recent development at Souber Dairy to the east of the canal. The farmstead and house are located to the southern edge of the village.
4.2. The proposed site is located to the north-east of the cluster of farm buildings at Souber Dairy.
4.3. The site is surrounded by grassland and is accessed via a narrow lane from Bank Newton to East Marton Road, crossing a Grade II Listed Canal Bridge before meeting the farm track. The track runs though the main farmyard which then runs to the southeast, directly adjacent to the north elevation of the barn.
4.4. The site is located outside of any main built-up area, in an area defined as open countryside under the terms of policies in the adopted Local Plan.
4.5. The Leeds Liverpool Canal runs approximately 149m southeast of the site.
4.6. The Pennine Way Trail runs approximately 350m south-east of the site.
4.7. The site falls within land with a Grade 4 Agricultural Land Classification. The site also lies within a SSSi Impact Risk Zone but is outside of the type of development which would not create any harm to the natural designations the area is designed to protect.
5.0 Description of Proposal
5.1. This application seeks full planning permission for the construction of a covered, steel portal frame agricultural building to house ensilaged forage to be fed to the homebred cattle.
5.2. The location of the proposed building is directly adjacent to the existing grass silage buildings to the Northeast of the existing farmyard.
5.3. The proposed building measurements would be approximately 54.86m in length and 16.76m in width, with an eaves height of 7.92m and a ridge height of 10.24m, with a gross internal floor space of 920m2.
5.4. The proposed building will have a steel portal frame, with concrete lower walls and close boarded timber upper walls. The roof structure will be clad with fibre reinforced cement corrugated sheet roof panels in grey to match the existing complex.
5.5. The Sustainable Design and Construction Statement sets out that the building would be undertaken to meet and exceed where possible, the current building regulations. The building will not be heated nor have permanent lighting and building will utilise existing concrete panels and all other materials will have been sustainability sourced.
6.0 Planning Policy and Guidance
6.1. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that all planning authorities must determine each application under the Planning Acts in accordance with Development Plan so far as material to the application unless material considerations indicate otherwise.
Adopted Development Plan
6.2. The Adopted Development Plan (ADP) for this site is the Craven Local Plan 2012 to 2032 adopted November 2019.
Emerging Development Plan – Material Consideration
6.3. The North Yorkshire Local Plan is the emerging development plan for this site though no weight can be applied in respect of this document at the current time as it is at an early stage of preparation.
Guidance - Material Considerations
6.4. Relevant guidance for this application is:
· National Planning Policy Framework 2023 (NPPF)
· National Planning Practice Guidance (NPPG)
· National Design Guide 2021 (NDG)
· Good Design in Craven SPD
· Green Infrastructure and Biodiversity in Craven SPD
· Gargrave Neighbourhood Plan 2019
7.0 Consultation Responses
7.1. The following consultation responses have been received and have been summarised below.
7.2. Bank Newton Parish Council:
· Great expansion in the size of the operation will create new traffic movements creating danger for other road users
· Operation is on an industrial scale without a suitable access
· Residents are seriously compromised by the amount of traffic from Souber Dairy and Crossgates Farm
· There are no passing places on the road up to the farm, it is requested for a Section 278 agreement
· The listed canal bridge is in a parlous state, a weight and size limit may need to be considered
· A comprehensive traffic survey should be undertaken
· Transport Statement submitted does not present a complete picture of the existing conditions
· Tow Path adjacent to Souber Dairy has been closed due to being severely damaged by vehicles accessing the dairy farm
· Farm operators working until early hours in the morning, we suggest a cut off time.
· No screening has been proposed, a condition for planting would help
· The proposed shed will make a 25% increase in the feed storage capacity and give a total silage storage capacity of 3,139m2.
· The development has a significant negative impact upon many others and their businesses.
7.3. Divisional Member(s): Concerns were raised with regards to the great increase in heavy farm vehicles though Gargrave and how the further expansion of this intensive Dairy Unit will impact the safety of the Highway.
7.4. NYC Environmental Health Department (Craven):
· I confirm I have no objections or EP comments to make
7.5. NYC Highways:
· Existing concrete pad in use already generates vehicle movement
· Traffic survey completed; evidence shows traffic volumes are low on the existing highway network.
· Brought in products already generate vehicle movements which will be replaced with home grown crop being used.
· A passing place would be beneficial and is to be constructed on the road leading up to the site
7.6. Yorkshire Dales National Park (Pennine National Trails):
· The proposed development site is in close proximity to the Pennine Way, the footpath passes 350m south-east of the proposed development
· The addition of the building would make the group of farm buildings more prominent
· Proposed further screening on site
7.7 Local Representations
11 (eleven) local representations have been received of which 10 (ten) are objecting and 1 (one) is neither objecting nor supporting the application. A summary of the comments is provided below, however, please see https://publicaccess.cravendc.gov.uk/online-applications/ for full comments.
Objections:
Highways
· Proposal will lead to further increase in agricultural vehicles
· Unacceptable adverse impact upon Highway safety
· Increase danger to all users of the road (driving, walking cycling)
· Compromises the safety of existing residents - other
· No passing places
· Narrow roads make it difficult for walkers and cyclists
· Farm vehicles being driven at higher speeds than is safe for the road conditions
· Transporting silage is becoming a danger and general nuisance to other users of the highway
Other Material Considerations
· Proposal represents a significant expansion to an already large intensive farm
· Increase in noise pollution
· Current infrastructure can barely sustain the current situation
· Ongoing amenity issues for occupiers of neighbouring properties whose access is compromised
7.7. Neither objecting nor supporting:
· Concerns over the bridge at risk of collapsing
· Major work is required to strengthen it for this use
8.0 Environment Impact Assessment (EIA)
9.0 Main Issues
9.1. The key considerations in the assessment of this application are:
· Visual Appearance
· Highway Consideration
· Biodiversity
· Other matters
10.0 ASSESSMENT
Principle of Development
10.1. Local Plan Policy SP2 sets out the framework for supporting the local economy.
10.2. Local Plan Policy EC3 expands on this by stating that Craven’s rural economy will be supported, so that it may grow and diversify in a sustainable way to provide long term economic, environmental and social benefits for local communities. With specific reference to sections (c) and (d) which state the following:
“(c) Helping existing and new rural businesses, including tourism related businesses to succeed, grow and expand, by working with them co-operatively and proactively, so that development proposals can be supported wherever possible;”
“(d) Enabling farm, forestry and other land-based businesses to build the new and replacement buildings and infrastructure they need to function efficiently, including dwellings where they are fully justified on functional and financial grounds;”
10.3. The proposal is for the construction of a steel frame agricultural building.
10.4. The location for the proposed building makes use of a small area (approximately 0.09ha) of existing concrete hardstanding which is currently used for the storage of feeds and therefore, there is no loss of land or change of use as the proposed use is also for storage of crops.
10.5. The requirement for the building has arising from changes brought in by the Environment agency to help protect the environment and people. The proposed building is to accommodate and safeguard the crops grown on and off site and reduce the risk of the gain becoming damaged or lost due to weather and moisture damage. The proposed building would, therefore, help the continued growth of economic development of the farming enterprise and the environment.
10.6. In conclusion, the proposed building on this site is acceptable in principle and would provide a safe and secure environment for the storing of gain which due to weather/moisture can be damaged resulting in negative economic impacts for the farming enterprise. The proposal, therefore, accords with policies EC3, SP2 and the NPPF.
Visual Appearance
10.7. Policy ENV3 of the Craven Local Plan states that good design will help to ensure that growth in Craven results in positive change, which benefits the local economy, environment and quality of life, including health and wellbeing with specific relation to the following section:
“(b) Designs should respect the form of existing and surrounding buildings including density, scale, height, massing and use of high-quality materials which should be locally sourced wherever possible;”
10.8. Policy G7 of the Gargrave neighbourhood Plan states that new development should enhance and reinforce the local distinctiveness of the area and should be of a scale, mass and built form which responds to the characteristics of the site and its surroundings.
10.9. The application site is to the north of the existing farm buildings on site, a concrete pad is already in situ and has been utilised for the storage of crops covered with a plastic sheeting.
10.10. The existing concrete hardstanding has an overall length of 54.86m and width of 16.76m, the footprint of the proposed agricultural building will remain the same with a height of 10.24m to the ridge and 7.92m to the eaves. The total floor area will be 920m2, equating to a total ‘clamp’ volume of 3,321m3. The scale of the agricultural building will be of a similar scale to others on site and would not appear incongruous to the area.
10.11. Turning to materials, it is proposed that the building will have a steel portal frame, clear span construction with concrete lower walls and close boarded timber upper walls, the roof structure will be clad with fibre reinforced cement corrugated sheet roof panels in grey to match the existing complex. The materials and design of the building are identical to the other agricultural buildings within the farm cluster. It is considered that the materials proposed would not have a negative visual impact upon the wider surrounding area due to the use of similar materials.
10.12. Whilst it is acknowledged that the farm buildings are visible from the Pennine Trail located 350m south-east of the site and appear prominent within the landscape, it is not considered that the addition of the agricultural building would be visually harmful due to the rural location and existing buildings on site. However, the applicant is proposing some screening around the farm holding in the form of soft landscaping to help mitigate any visual impacts when travelling along the Pennine Trail, this will be conditioned by an appropriate worded condition.
10.13. Comments were made stating that the proposal is a significant expansion to the existing farm enterprise. The proposal is for a single agricultural building on an existing farm holding and thus it is not considered to be a significant expansion of the existing farm holding.
10.14. In conclusion, the proposed development is considered acceptable in terms of visual appearance. The scale of the building is acceptable and would appear overbearing. The proposed materials are acceptable and overall, it is not considered that the building will have a significant negative visual impact and accords with the relevant Local Plan policies, the Gargrave NHP and the NPPF.
Highway Consideration
10.15. Local Plan Policy INF7 emphasises the provision of safe and accessible travel facilities; avoiding severe residual cumulative impacts of development relating to transport. With specific reference to sections (d) and (f), which state the following:
“(d) ensuring all developments that generate significant amounts of movement are supported by appropriate sustainable travel assessments, such as a Transport Statement, or Transport Assessment and a Travel Plan as reasonably required by the local highway authority, North Yorkshire County Council.”
“(f) ensuring that the residual cumulative impact of traffic generated by developments on the highway network is mitigated and where new development necessitates the provision of new or upgraded infrastructure, including safety measures and pedestrian and cycle connectivity:- this is to be developer funded.”
10.16. NPPF Paragraph 111 states that development should only be prevented or refused on highway grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe.
10.17. The site is currently served by an existing access and egress point to and from Souber Dairy Farm and the application does not propose any new access arrangement.
10.18. The proposal will access the stretch of road from the entrance of the farm track to the main road leading through to Bank Newton, it’s recognised that this section of road is a narrow single lane. To address concerns raised the applicant has agreed to the provision of a passing place, this will help improve highway safety for drivers, walkers and cyclists. The off-site works will be secured via a condition and a Section 278 legal agreement with the Highways Authority.
10.19. The proposed building will continue to store the whole crop wheat and maize that is currently stored on the hardstanding. It is important to note that the transportation of these crops currently exists, therefore, the proposed building would not result in an increase in vehicle movements beyond those currently experienced.
10.20. Concerns have also been raised over the volume of farm vehicles being driven on these roads causing an unacceptable adverse impact upon the highway safety of drivers, walkers and cyclists. The Highways Engineer acknowledges the concerns raised by residents regarding the volume of farm vehicles in the existing network and has undertaken their own Transport Survey. The evidence from the survey was that traffic volumes are low, and the development would not give rise to any severe highway impacts.
10.21. Regarding concerns about highway safety, evidence before the highways officer show only two recorded collisions within the last 5 years on the roads leading to the site.
10.22. Concerns have been raised by residents and members of the Parish Council over the potential further damage to the Grade II Listed Changeline Bridge adjacent to the entrance of the farm. Whilst it is evident that damage has occurred to the bridge, there is no evidence to show that this damage was created from vehicles going to and from Souber Dairy. Additionally, both NYC Highways and the Canal and River Trust have confirmed that there is a program in place to repair the damage to the bridge and adjacent tow path however, a date has not yet been confirmed.
10.23. For the aforementioned reasons, it is considered that the impact of the proposal upon the highway will be no greater than the existing situation at the site. Therefore, the proposal is acceptable in terms of highway safety and accords with Local Plan Policies and the aims and objectives of the NPPF.
Biodiversity
10.25. Policy ENV4 of the Craven Local Plan states that proposals should provide some degree of gains in biodiversity. The Sustainable Design and Construction statement states that bird boxes will be installed on the northern elevation of the building therefore achieving a small level of biodiversity on site.
10.26. The Planning Statement submitted states that the business has committed to planting and laying various hedges around the farm holding through the Countryside Stewardship Capital Grant agreement. This will help to off-set the visual impact of the farm holding whilst increasing biodiversity on site. Policy G11 of the Gargrave Neighbourhood Plan states that views towards the Pennine Way are particular areas of landscape which should be protected from intrusive development. Whilst it is not considered this development will be intrusive to the area, the provision of screening will aid the visual impact.
Other matters
10.27. A Sustainable Design and Construction statement was submitted to support the application. Due to the type of development, there is limited scope for sustainability to be incorporated however, the development will be undertaken to meet, and exceed where possible, the current Building Regulations, the building does not require insulation, and materials will be sourced locally where possible.
10.28. Comments have been received that the proposal is contrary to Local Plan Policy EC1. Whilst Policy EC1 seeks to protect existing employment areas, the policy does recognise that some employment- generating uses require specific locations within which to operate and would fall outside of land traditionally identified for employment uses. Policy EC1 allows for this and as such the proposal is not considered contrary to Policy EC1.
10.29. Concerns have been raised regarding use of the farm for industrial scale operations.
These concerns are acknowledged and due to changes in agricultural practices this can result in larger farm holdings something that is not unusual within the surrounding area. However, the existing use of the rest of the farm is not a matter for consideration with regards to this application for a storage building.
10.30. Whilst comments regarding the speed of farm vehicles and dangerous drivers through the village are acknowledged, it is not the responsibility of the applicant to resolve existing problems regarding the behaviour of highway users. As such, North Yorkshire Council is required to assess the proposal on its merits, and on the evidence before the Council including statutory consultee responses and local and national policies .
10.31. Comments raised regarding the increase in noise pollution, the councils Environmental Health officer has reviewed the proposal and has not raised any objections on the ground of noise pollution.
10.32. The application site falls within Flood Zone 1 and is therefore, at no major risk of flooding. Clean rainwater will be directed to the clean land drains away from the cattle housing and yard areas. The Sustainable Design and Construction Statement also states that the provision of rainwater harvesting is an option for the development to promote water saving which is encouraged through Policy G15 of the Gargrave Local Plan.
10.33. Local Plan Policy ENV12 supports proposals that will avoid obstruction, diversion or confinement of existing footpaths, bridleways, byways and cycle routes. The Pennine Way runs approximately 350m south-east of the site therefore, due to the separation distance, it is not considered that the site will impact the footpath.
10.34. Comments made regarding how the current infrastructure can barely sustain the current situation, there is no evidence before the Council to support this statement.
10.35. Comments regarding the development affecting the amenity of residents whose access is compromised are noted. However, the proposed development makes no alterations to the existing access from the site.
10.36. Comments relating to the refusal of the Marton Road application, it is important to note that these two applications are not comparable, and each application must be considered on its own merits.
11.0 PLANNING BALANCE AND CONCLUSION
11.1. Paragraph 11 of the NPPF advises that LPA's should be approving development proposals that accord with an up-to-date development plan without delay; or where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless:
"the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole."
11.2. It is considered that the principle of development is acceptable, and would provide economic benefits, therefore meets the requirements of policies EC3 and SP2.
11.3. The proposal is considered to be in keeping with the surrounding area with regards to scale, massing and materials and is considered not to have any unacceptable impact upon the amenity of neighbouring properties.
11.4. The proposal would not give rise to any increase in vehicle number above those currently in use nor would be any adverse highway impacts in terms of highway safety. The Highways Officer has not objected to the proposal.
11.5. The application is not required to meet the required 10% BNG however, a satisfactory level of biodiversity has been achieved.
11.6. The proposal has been considered against all other development management considerations that arise from the development. The report demonstrates that the proposal is satisfactory in these regards subject to conditions where necessary.
11.7. Given that the proposal accords with the requirements of the relevant Local Plan policies and the Gargrave NHP, the application is recommended for approval accordingly.
12.0 RECOMMENDATION
12.1 That planning permission be GRANTED subject to conditions listed below.
Time Condition
1 The development must be begun not later than the expiration of three years from the date of this permission.
Reason: To comply with the requirements of section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
Approved Plans Condition
2 The permission hereby granted shall not be undertaken other than in complete accordance with the drawings and documents listed below:
o Drawing Name: "ELEVATION DRAWINGS". Received 11th April 2024.
o Drawing Name: "LAND PLAN_133 ACRES WHOLECROP CEREALS". Received 11th April 2024.
o Drawing Name: "LANE UTILISED BY APPLICANTS". Received 11th April 2024.
o Drawing Name: "LOCATION PLAN". Received 11th April 2024.
o Drawing Name: "SITE PLAN". Received 11th April 2024.
o Document Name: "FLOOD MAP FOR PLANNING". Received 11th April 2024.
o Document Name: "PLANNING STATEMENT". Received 11th April 2024.
o Document Name: "SUSTAINABLE DESIGN AND CONSTRUCTION STATEMENT". Received 11th April 2024.
o Document Name: "GOOGLE EARTH IMAGE" Received 18th April 2024.
o Document Name: "FARM BUILDING QUESTIONNAIRE". Received 20th May 2024.
o Document Name: "TRANSPORT STATEMENT". Received 18th July 2024.
Reason: For the avoidance of doubt and to ensure a satisfactory standard of development in accordance with the policies contained within the Craven Local Plan 2012-2032 and the National Planning Policy Framework.
During Building Works Condition
3 The development hereby approved will be constructed in accordance with the materials detailed on the approved plans.
Reason: To ensure use of appropriate materials which are sympathetic to the character of surrounding buildings and the street scene in the interests of visual amenity in accordance with the requirements of Craven Local Plan Policy ENV3 and the National Planning Policy Framework.
4 A detailed scheme for landscaping shall be submitted to and approved in writing by the Local Planning Authority within three months of development first taking place.
The scheme shall include details of all soft landscaping, including surfaces, and type, species, siting, planting distances and the programme of planting of trees, hedges and shrubs.
The duly approved landscaping scheme shall be carried out during the first planting season after the development is substantially completed and the areas which are landscaped shall be retained as landscaped areas thereafter.
Any trees, hedges or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by trees, hedges or shrubs of similar size and species to those originally required to be planted.
Reason: To ensure appropriate landscaping of the site in the interests of visual amenity, to assist in screening the development and to provide biodiversity enhancements in accordance with the requirements of Craven Local Plan policies ENV3 and ENV4 and the National Planning Policy Framework.
5 The following schemes of off-site highway mitigation measures must be completed as indicated below:
o Passing place to be constructed at Bank Newton leading up to Souber Dairy, Agricultural Building Silage Bank Newton Skipton North Yorkshire BD23 3NT. This is to be implemented prior to any construction of the steel portal building.
o For each scheme of off-site highway mitigation, except for investigative works, no excavation or other groundworks or the depositing of material on site in connection with the construction of any scheme of off-site highway mitigation or any structure or apparatus which will lie beneath that scheme must take place, until full detailed engineering drawings of all aspects of that scheme including any structures which affect or form part of the scheme have been submitted to and approved in writing by the Local Planning Authority.
o An independent Stage 2 Road Safety Audit carried out in accordance with GG119 - Road Safety Audits or any superseding regulations must be included in the submission and the design proposals must be amended in accordance with the recommendations of the submitted Safety Audit prior to the commencement of works on site.
o A programme for the delivery of that scheme and its interaction with delivery of the other identified schemes must be submitted to and approved in writing by the Local Planning Authority prior to construction works commencing on site.
o Each item of the off-site highway works must be completed in accordance with the approved engineering details and programme.
Reason: To ensure that the design is appropriate in the interests of the safety and convenience of highway users.
Notes
1 Statement of Positive Engagement:
In dealing with this application North Yorkshire Council (Craven) has sought to approach the decision making process in a positive and creative way, in accordance with the requirements of paragraph 38 of the NPPF.
2 Applicants are reminded that in addition to securing planning permission other permissions may be required from North Yorkshire Council as Local Highway Authority. These additional permissions can include, but are not limited to: Agreements under Sections 278, 38, and 184 of the Highways Act 1980; Section 38 of the Commons Act 2006, permissions through New Roads and Streetworks Act 1991 and Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (as amended and including all instruments, orders, plans, regulations and directions).
Further information on these matters can be obtained from the Local Highway Authority. Other permissions may also be required from third parties. It is the applicant's responsibility to ensure all necessary permissions are in place.
3 Notwithstanding any valid planning permission for works to amend the existing highway, there must be no works in the existing highway until an Agreement under Section 278 of the Highways Act 1980 has been entered into between the Developer and North Yorkshire Council as the Local Highway Authority. To carry out works within the highway without a formal Agreement in place is an offence.
Target Determination Date: 29 November 2024
Case Officer: Isabella Shepherd
Isabella.Shepherd@northyorks.gov.uk