North Yorkshire Council

 

Community Development Services

 

Richmond (Yorks) Area Planning Committee

 

12th JUNE 2025

 

ZD25/00149/FULL – Full Planning Permission for Revised Retrospective Application for use of Two Existing Residential Dwellinghouses for Tourism and Leisure accommodation and Change of Use of Former Agricultural Barns to Function Room, Games / Activity Room, Ceremony Room and Utility Room, and Associated Works at: Telfit Farm, Telfit Track, Marske, Richmond, North Yorkshire, DL11 7NG

On Behalf of: Mr Oliver Leatham

 

Report of the Head of Development Management – Community Development Services

 

1.0     Purpose of the Report

1.1.        To determine a planning application for Full Planning Permission for Revised Retrospective Application for use of Two Existing Residential Dwellinghouses for Tourism and Leisure accommodation and Change of Use of Former Agricultural Barns to Function Room, Games / Activity Room, Ceremony Room and Utility Room, and Associated Works at: Telfit Farm, Telfit Track, Marske, Richmond, North Yorkshire, DL11 7NGH.

1.2.        This application is brought to planning committee due to a ‘call in’ request by the ward member who raised significant material planning considerations comprising; traffic movements and maximum capacity of events at a rural location.  

 

2.0       SUMMARY

 

RECOMMENDATION: Minded to Grant subject to conditions and completion of a unilateral undertaking for passing places; with review of the unilateral undertaking delegated to the Head of Development Management.

 

2.1.        This application seeks retrospective permission for the change of us of two existing residential properties to tourism and leisure accommodation; together with a change of use of former agricultural barns to a function room, games room, ceremony room and utility room. The buildings form part of a cluster of former farm buildings, located in a remote location, surrounded by open countryside.

2.2.        The application site is situated outside of the development limits of Marske and is accessed via Telfit track (a single tracked gravelled road) which is accessed from Skelton Lane (a single-track adopted road) and is approximately 2 miles northwest of Markse. Telfit Track is a Bridleway.

2.3.        The principle of development complies with Policy CP 8 and NPPF paragraph 88 which supports conversion of rural buildings in the countryside, together with the diversification of agricultural and other land-based rural businesses.

2.4.        This application has raised highway safety concerns amongst local residents; however, the Local Highway Authority have no objections to this retrospective application subject to securing the proposed passing places and onsite parking.

2.5.        Noise and movement can be controlled by conditions to limit impact to the rural area.

 

2.6.        There are no objections from statutory consultees and all other matters are considered acceptable.

 

Figure 1: Site Location Plan

 

 

 

 

 

3.0       Preliminary Matters

 

3.1.        Access to the case file on Public Access can be found here:- Planning Documents

3.2.        There are 6 relevant planning application for the application site which are detailed below.

21/00310/FULL - Full Planning Permission for the Change of Use of Former Agricultural Barns to Function Room and a Games Room, Ceremony Room and Utility Room (Retrospective) (Reduction in Numbers, Email from Agent Dated 9th June 2021) APPLICATION WITHDRAWN 12/02/2025

 

22/00736/FULL – Full Planning Permission for Open Fronted Farm Building over Existing Sheep Handling Area (Retrospective) – Granted 15.02.2023.

 

17/00338/FULL – Full Planning Permission for Conversion of Existing Outbuilding to Create a One Bedroom Dwelling – Granted 01.02.2018.

 

17/00337/FULL – Full Planning Permission for Alterations and Conversion of Two Existing Attached Three Bedroom Cottage with Adjoining Outbuilding to Create a Nine Bedroom Property. Granted 06.07.2017.

 

02/00362/FULL – Full Planning Permission for Conversion and Extension of Barn to a Single Dwelling – Granted 20.08.2002. 

 

00/00285/FULL – Full Planning Permission for Change of Use, Extension and Alteration of Barn to form Two Dwellings – Granted 23.07.2001.

 

3.3.        The previous retrospective planning application 21/00310/FULL which sought to regularise the retrospective change of use for the former agricultural buildings was withdrawn on the 12th February 2025. This withdrawal was based upon advice from the Local Authority who encouraged the applicant to seek retrospective planning permission to regularise change of use for the two residential dwellings on site in connection with the retrospective change of use for the former agricultural buildings. This is because residential properties could conflict with an events venue. Whilst these properties had been used for holiday accommodation, they did not have planning permission for this and could revert to typical family homes at any time.

 4.0      Site and Surroundings

 

4.1.        Telfit Farm is an isolated farmstead located in remote countryside to the north-west of Marske. The farmstead sits below rising hills and above the valley floor where Throstle Gill Beck runs southwards to eventually join the River Swale.

4.2.        The farmstead consists of a large farmhouse approved for conversion to one 9 bedroom dwelling (from two 3 bedroom cottages) as part of application 17/0037/FULL. The traditional barn to the west on the opposite side of the farmyard and to the rear of the farmhouse was approved to be converted from agricultural outbuildings to a 1 bedroom detached dwelling as part of 17/00338/FULL. To the northern end of the farmstead are later buildings where the farmyard opens out to a couple of large agricultural stock structures.

4.3.        To the north of the larger farmhouse, and east of the smaller detached dwelling a detached former agricultural building, now a games, ceremony and utility room, is positioned in a single and two storey formation. Further north-east of this a detached former agricultural building, now a function room, is located.

4.4.        The access to the site weaves between the larger farmhouse and the games, ceremony and utility room to a parking area to the rear (south-eastern) portion of the site’s curtilage. The car park and other on-site parking near to the smaller unit of tourism accommodation comfortably accommodates in excess of 16 vehicles. A separate access obtained and established through permission ref: 17/00337/FULL winds around the west periphery of the curtilage of Telfit farm to serve the modern agricultural buildings to its north-east. A public bridleway extends along the access track to Telfit Farm (Appendix A), and beyond this, part of the way towards Helwith.

5.0       Description of Proposal

 

5.1.        This application seeks full retrospective planning permission for the change of use for two residential dwellings on site for tourism and leisure accommodation, retrospective change of use of former agricultural barns to a function room, games room, ceremony room and utility room.

5.2.        It is detailed within the supporting statement that the function room provides:

·         A full or partial catering facility directly in association with the guests staying in the larger and smaller dwellinghouses used privately by guests in association with their stay.

·         A complimentary facility to create fully catered accommodation for teams of up to 9 guns shooting on nearby estates.

·         Use as a yoga retreat where instructors use the on-site dwellings for their accommodation and can teach yoga in the function room. The function room also provides a complementary facility for business conferences and team building for up to 20 individuals where they stay in the dwellinghouses on site and can utilise the function room for meetings. A further use of the function room is part of the wedding facility offered at Telfit Farm, with guests staying in the larger and smaller on-site dwellinghouses, the ceremony taking place either in the ceremony room (which can seat up to 30) or in the function room (seating up to 50), for the wedding the breakfast.

5.3.        The utility / games / ceremony room is divided into a single storey and attached two-storey section. The single storey section provides a games room for users of the on-site residential accommodation and a provides a small wedding ceremony area (for 30 guests). The two-storey section of the building is used as utility room to service the residentials accommodation and function rooms.

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 for this site is:

-      Richmondshire Local Plan 2012-2028 Core Strategy, adopted 2014

-      Saved Local Plan Policy 23 of the Richmondshire Local Plan 1999-2006

-      The Minerals & Waste Joint Plan 2015 – 2030 adopted 2022

 

            Emerging Development Plan – Material Consideration

North Yorkshire Council is preparing a new Local Plan, however, it is at too early a stage to be a material planning consideration.

           

Guidance - Material Considerations

6.3.        Relevant guidance for this application is:

            -           National Planning Policy Framework

            -           National Planning Practice Guidance

           

7.0       Consultation Responses

 

7.1.        The following consultation responses have been received and have been summarised below.

7.2.        Marske Parish Council: The Parish Council objects to this retrospective application due to the unrestricted number of large-scale weddings and events proposed, which would significantly impact traffic, noise levels, and local infrastructure. Material considerations:

·         Highway safety – increased number of vehicles using single track are concerning. It is essential that passing places are established as part of the development.

·         Implementation of a speed reduction on Skelton Lane.

·         Full highways assessment to evaluate impact of Increased traffic.

·         Impact on local character and amenity – diminishes quiet rural character of the area.

·         Restriction of event size – large events could cause disproportionate increase in traffic and noise.

·         Applicant has previously agreed limits of 80 guests for large events.

·         Large events (40-80 guests) should be limited to 12 per year.

·         Smaller events must not exceed 40 guests maximum.

·         The applicant must notify the Parish Council and Skelton Lane residents of the 12 large event dates in reasonable time to provide clarity and minimise conflicts.

7.3.        Environmental Health: No objection subject to conditions relating to land contamination, noise and fireworks.

7.4.        Local Highway Authority: No objection subject to imposition of conditions relating to passing places and parking provision.

7.5.        Public Rights of Way: Responded to initial planning application 21/00310/FULL on 05/08/2022 and have no further comments to make. This is a retrospective application and we have had no reported issues from members of the public raising concerns about the state or safety of the Public Bridleway at this location.

 

Comments from 21/00310/FULL – There is a Public Right of Way within or adjoining site boundary, don’t object to the development but remind applicant of their responsibility for ensuring they do not obstruct the public right of way.

 

Local Representations

 

7.6.        British Horse Society: Strongly objects to this application for the following reasons:

·         Motorised vehicles causing significant erosion of public bridleway.

·         Use of public bridleway for motorised traffic causes loss of amenity value and leads to safety risks.

·         No regard has been given to the safety of horse riders, cyclists and walkers on the public bridleway which runs from Skelton Lane to Telfit Farm.

·         BHS objects to application on the basis of safety and loss of amenity value for those using public bridleway.

7.7.        The Ramblers: object to the proposal

There is an existing public bridleway on the application site, which has been harmed by the continual intensification of vehicle use and which will be further harmed should this particular application be supported. Additionally, there will be increased risk to the users of the bridleway and, of course, the visual amenity will be further damaged.

7.8.        Comments have been received from 13 local representations have been received of which 4 is in support and 9 are objecting. A summary of the comments is provided below, however, please see website for full comments.

7.9.        Support:

-               Works to the buildings and farm have been sympathetically completed to a high standard and are in keeping with the landscape and local area.

-               Never had any issues with noise arising from venue.

-               Never experienced any problems with traffic coming from Telfit Farm when walking, cycling or riding horse.

-               Never experienced any issues when riding horse along Skelton Lane.

-               Provides employment for local people.

-               Telfit Farm does not have a detrimental impact upon residential amenity.

 

7.10.     Objections:

-               Increased noise – amplified music on site from entertainment.

-               Increased traffic using Skelton Lane single track adopted road.

-               Environmental Impact – peaceful heaven for wildlife disturbed by wedding venue.

-               Wedding venue is out of character with area.

-               Increased traffic using Skelton Lane since business started operating.

-               Pedestrian safety is a real issue as lane is narrow and verges are often overgrown and is popular walking area with Coast to Coast walking route to the south (see Appendix C).

-               Number of wedding guests should be limited to minimise impact on road.

-               Speed limit on Skelton Lane should be reduced to 20mph.

-               Signage erected to advise drivers that road is shared with walkers.

-               Lack of passing places on Skelton Lane.

-               Wedding business not in keeping with tranquillity of neighbourhood.

 

8.0       Environment Impact Assessment (EIA)

 

8.1.        The development does not fall within Schedule 1 or 2 of the Environmental Impact Assessment Regulations 2017 (as amended). No environmental Statement is therefore required.

9.0       Main Issues

 

9.1.        The key considerations in the assessment of this application are:

-           Principle of development

-           Highway Safety / Impact on the Public Right of Way

-           Residential Amenity and increased noise within the countryside.

-           Impact on Countryside

-           Design and Appearance

-           Ecology

 

10.0     ASSESSMENT

 

Principle of Development

 

10.1.     Spatial Principle SP3 (Rural Sustainability) of the Richmondshire Core strategy states that priority will be given to supporting the rural sustainability of the whole plan area; protecting and enhancing its environmental assets and character and sustaining social and economic fabric of its communities by promoting (amongst other things): a sustainable rural economy; social and economic regeneration and the appropriate use of redundant buildings.

10.2.     Core Policy CP8 (Achieving Rural Sustainability) states that support will be given to the social and economic needs of rural areas by encouraging (amongst other things) the expansion of rural businesses; re-use of suitable rural buildings for housing, tourism and employment generating uses; diversification of the agricultural economy; tourism related initiatives; recreation uses appropriate to a rural location. Development will be supported which is necessary to meet the needs or tourism and other enterprises with an essential requirement to be located in the countryside, where it would support the social and economic regeneration of rural areas; where it would involve the re-use of existing rural buildings; without substantial alteration, extension and reconstruction.

10.3.     Core Policy CP10 (Developing Tourism) states that tourist-related activities will be encouraged where they make a sustainable contribution to the local economy, do not have a detrimental impact on the local environment and landscape. Particularly priority to supporting improvement in the range and quality of such facilities and to redevelopment and conversion schemes rather than new build. In rural areas, new tourist accommodation, should be small scale, low key and low impact, and will only be supported in the countryside if it does not adversely affect the character and appearance of the area, taking account of the capacity of the site and local area to absorb the development.

10.4.     Core Policy CP13 (Promoting High Quality Design) states that high quality design of buildings and landscaping should be a priority in all development proposals.

10.5.     This proposal seeks retrospective change of use for two residential dwellings to Leisure and Tourism Accommodation; together with retrospective consent for the conversion and change of use of the former farm steading to a function room, games room, ceremony room to enable the farm to diversify its income stream.

10.6.     In respect of the principal of converting two dwellings to leisure and tourism accommodation, this is supported by Policies CP8 and CP 10.

10.7.     In respect to the venue aspect, the facilities together with the overnight accommodation have/will enable the existing farm business to offer a unique venue which can be used for small scale weddings and other events such as yoga and shooting parties. The rural location is likely to attract users/guests for these types of uses.

10.8.     This retrospective development did not require significant changes to be made to the external appearance of the two former agricultural barns located north of the larger farmhouse and east of the smaller detached dwelling. These agricultural barns were formerly used by the farm to support their farming operations prior to being replaced with modern agricultural buildings to the northeast of the farm steading. Policy CP8 supports the re-use of suitable rural buildings for tourism and employment generating uses.

10.9.     This proposal is supported by Paragraph 88(b) of the National Planning Policy Framework 2024 which states: “Planning decisions should enable the development and diversification of agricultural and other land-based businesses.”.

10.10.   This retrospective application relates well to the conversion of the former farm buildings and supports the diversification of this agricultural business. However, there are other policy expectations and material planning considerations that need to be carefully considered to ensure that the development does not adversely affect the local community in terms of highway safety and residential amenity. However, in terms of the principle of development Policy CP8 of the Richmondshire Local Plan and paragraph 88 of the National Planning Policy Framework support the diversification and expansion of rural businesses and tourism related enterprises within a rural area. 

Design and Materials

10.11.   The application form sets out no materials have been used for the walls and roofs, and thus the buildings have been converted with replacing existing. Given the modern appearance of the Activity/Games/Ceremony building it may be the case that new timber boarding and corten steel have been applied to the walls and roof, however, they are appropriately rural, neat and tidy in appearance. The appearance of the development is not considered to be harmful to the appearance of the area and the wider local landscape.

10.12.   The former agricultural buildings have been sympathetically converted and are of an appropriate scale and form whilst being sympathetic to the local character and history. The conversion of these agricultural buildings has resulted in a welcoming and distinctive wedding and events venue.

10.13.   This development complies with Core Policy CP13 (Promoting High Quality Design) of the Richmondshire Local Plan as well as paragraph 135(c) of the NPPF which states that planning decision should ensure that:

Developments are sympathetic to local character and history, including the surrounding built environment and landscape setting, whilst not preventing or discouraging innovation or change.

Climate Change

10.14.   The conversion of these former agricultural buildings responds well to climate change as it makes an effective and economic use of buildings which were no longer needed for modern farming practices whilst safeguarding local landscape character, amenity and environmental protection. The retention and conversion of these former agricultural buildings will re-use the embodied carbon.

10.15.   This development will lead to an increase in the number of vehicular trips to the site, however it is situated in proximity to the population centre of Richmond which is a Principal Town (Policy SP2) (20 minute car drive). Furthermore, there is a unique draw and experience created by rural venues and provide important contributions to rural sustainability including support for local pubs, restaurants, shops and tourist destinations.

10.16.   It is considered that the proposal complies with CP8 and CP13 of the Local Plan for Richmondshire.

Highway Safety

10.17.   Leading to the public bridleway (20.43/4/2) access track to Telfit Farm there is an adopted road known as Skelton Lane. Skelton Lane is a single-track metalled highway which benefits from passing places in the form of field entrance gateways and the bell mouth of access tracks to properties also taking their access from Skelton Lane. However, in addition to these existing passing places, 9 new passing places are proposed within the highways verge and these will be secured through unilateral undertaking (see Appendix B for approximate locations).

10.18.   Marske Parish Council and several local residents have raised concerns regarding the impact of this retrospective development upon the local highway network, as well as the speed at which vehicles travel along the single -track road.

10.19.   The Local Highway Authority initially raised concerns when the previous application for the retrospective change of use was submitted for this site (planning application reference: 21/00310/FULL) however they have raised no concerns or objections relating to the current application subject to a condition securing passing place along the single-track Skelton Lane. The Local Highway Authority consider that the transport arrangement are therefore safe for road users and raise no objection to this retrospective development. Having obtained legal advise, it is recommended the passing places are secured via legal agreement (unilateral undertaking) due to the development being retrospective.

10.20.   The Local Highway Authority have raised no concerns regarding the road speed on Skelton Lane. To some extent the terrain and narrowness of the lane restricts the speed at which the majority of vehicles using the lane will drive at.

10.21.   The plans submitted with the application indicate that there is parking provision onsite for up to 20 vehicles. However, a car park management plan will be conditioned to ensure that the development does not have a detrimental impact upon the Local Highway Network and the Public Right of Way Network with vehicles being parked off-site. The application details that events with up to 120 guest/attendees may take place, it is considered there is not sufficient parking to support this level of attendance even with car sharing and mini buses. As such, a condition limiting guests/attendees to 80 maximum is considered necessary to make the development acceptable and prevent parking spilling onto the bridleway. This is based on 4 people per car (4 people x 20 spaces = maximum capacity 80).

10.22.   It is acknowledged by the Local Planning Authority that the proposed development will lead to an increase in the number of vehicular movements before, during and after events at Telfit Farm and traffic flows will be intermittent during these times. The impact will be reduced for larger events such as parties and weddings as guests are likely to car share, reducing the number of vehicles on highway.

10.23.   Subject to a unilateral undertaking relating to the construction of passing places it is considered that the proposal will not have a detrimental impact upon the local highway network safety or capacity and that the proposal would therefore accord with Policy CP3 of the Local Plan for Richmondshire in this regard.

Public Right of Way and Walkers, Cyclists and Horse Riders

 

10.24.   Policy CP12 sets out that the green infrastructure network of the plan area including PRoW will be protected and, where appropriate, enhanced to provide a high quality, accessible, diverse and well-connected network of green space to meet the needs of the community, businesses and visitors.

10.25.   NPPF paragraph 105 sets out that planning decisions should protect and enhance public rights of way and access, including taking opportunities to provide better facilities for users.

10.26.   The access track to Telfit Farm is a PRoW under the category of a Bridleway, which means it is a highway over which the public have a right of way on foot and on horseback or leading a horse, and which now also includes bicycles but not mechanically propelled vehicles.   The track is approximately 1,350m in length, around a 16-minute walk. The local PRoW network is shown as Appendix A. This track is single carriageway width and has existing passing places.

10.27.   This retrospective development has resulted in an intensification of vehicles along this section of the PRoW network and which could increase in the future if consent is granted. The vehicular use of the track is/will be intermittent and predominantly limited to the arrival and departure of event guests and other visitors to the premises. On average it is expected for parties and weddings, cars will contain two or more guests and thus is will not be 80 individual vehicles driving to and from the site for the event.

10.28.   The nature of the track will restrict the speed at which vehicles using the PRoW can travel. the Ramblers and The British Horse Society have raised objections regarding the conflict between vehicles and horse riders, walkers and cyclists using the PRoW. It is considered that a condition for requiring the erection of two signs setting out an advisory speed of 10mph and warn that this is a PRoW with walkers and horse riders present, will be sufficient to prevent any unacceptable conflict. The signs will be within the redline which is large enough to accommodate places for the signs. It should also be noted that it is not unusual in the wider area for walkers and vehicles to share routes.

10.29.   The PRoW will be most intensely used by vehicles opposed to it original farming use. It is either NYC Highways and/or the landowners duty to maintain the surface of the PRoW, and highways have not objected to the application. Furthermore, the PRoW Team have not raised any objection, and the PRoW team have received no complaints about the condition or use of the PRoW in this area.

10.30.   The Parish Council and residents have requested that the number of guests be limited to 80 for larger events and 40 guests for smaller events. In addition, they have also requested that the number of larger events be capped at 12 events per annum. It is considered that this is lower than needed to protected the rural tranquillity of the area and PRoW and would hamper the success of the business. Instead it is recommended that it is appropriate to limit the number of larger events to a maximum of 80 guests, whilst limiting the number of larger events per annum to 24 (2 per month if averaged). It is considered these limits will help ensure the bridleway can safely accommodate walkers, cyclists, horse riders and guest/attendees; whilst remaining a pleasant route for public use.

10.31.   No limits on the number of smaller events with 50 or less people is considered necessary.

10.32.   The Parish Council and residents along Skelton Lane have requested that should planning permission be granted that they are informed of all larger events in advance, so that they are aware of what traffic to expect along the lane. It is considered that notification to the Parish Council, whom can then distribute to residents if they choose, is reasonable and enforceable, as the business can keep a register available for inspection by the LPA. This will enable the community and business to co-exist in a peaceful manner. Larger events will often be weddings, booked far in advance, therefore it will allow the Parish Council to take this into account if they are having an event such as a summer fair.

10.33.   A car parking management plan is recommended to reduce and prevent vehicles from being parked on verges.

10.34.   Objections have been received from the British Horse Society and The Ramblers; however, for the reasons discussed above and subject to condition the impact to the PRoW is considered acceptable subject to conditions. Separate statutory provisions exist under which obstructions to the PROW can be enforced.

10.35.   In conclusion, the number of vehicles on the track will increase. There is a slight conflict with Policy CP12 and NPPF paragraph 105 due to the intensification from vehicles. However, with the mitigation to be secured via condition discussed above, the development as a whole is considered compliant with the ADP and NPPF which strongly support the re-use of rural buildings and the diversification of farms.

 

Residential Amenity and increased noise within the countryside

 

10.36.   The nearest dwelling to the converted buildings is a residential property 200m southeast and is separated from the scheme by the existing farm buildings. This would prevent the development from causing an unacceptable loss of amenity with regards to light, outlook, and privacy. Concerns have been raised by residents living in Marske about noise issues arising from the site, however, the separation distances of 2,500m means that any noise will be very low at the Hamlet.

10.37.   Environmental Health have raised no objection to this retrospective development subject to a condition preventing music from being played outdoors as well as a condition preventing fireworks from being used at any events. In respect to external music, it may be the case than this would be acceptable if very infrequent and not late at night in the report author’s view. Therefore, it is recommended that the condition is worded to allow some external music if first agreed in writing with the LPA.

10.38.   Residential properties along the Bridleway and adopted highway leading to the venue will experience increased traffic movement and noise. However, this is not considered to result in an unacceptable harm to residential amenity.

10.39.   A resident has raised that the venue has permission for a marquee however, this has not been found. However, it is noted that the Planning Statement sets out that a marquee may be erected upon the patio area. The marquee is not within the description of development, nevertheless, one could be erected for up to 28 days per year before they need to seek express planning permission from the LPA. Insufficient details have been provided to allow unrestricted external events and therefore to protect the tranquillity of the local area for both local residents and users of the PRoW it is proposed that a condition be imposed which restricts the use of external areas around the venue without details first being submitted and approved by the LPA.

10.40.   The aforementioned guest/attendees and frequency of larger events cap will also ensure noise is kept to acceptable levels.

10.41.   Subject to the imposition of a condition restricting outdoor music, no fireworks, an external event plan condition and limiting the number of larger events, it is considered that the proposal would not be harmful to residential amenity or the tranquillity character of the area. As such the development would not be in conflict with Policies CP3(c), CP4 (3.e) and CP8; together with paragraphs 88, 135, 187 and 198 of the NPPF.

Impact on Landscape

 

10.42.   The application site is situated in a tranquil remote setting with rising hills to the north and west, within proximity to the Yorkshire Dales National Park. The village of Marske to the south is situated within the Yorkshire Dales National Park. Whilst the site is not designated within the Local Plan for Richmondshire the quality of the surroundings still warrants due consideration as part of this retrospective application.

10.43.   Section 245 of Levelling-up and Regeneration Act 2023 imposes a duty on Local Planning Authorities in England to conserve and enhance the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.

10.44.   Paragraph 135 (c) of the National Planning policy Framework states: Planning decisions should ensure that developments are sympathetic to local character and history, including the surrounding built environment and landscape setting, whilst not preventing or discouraging appropriate innovation and change.

10.45.   Policies CP3, CP4 and CP12 seek to protect, preserve the character and quality of local landscapes and the wider countryside.

10.46.   Concerns have been expressed about the scale of the overall of the events business including granted holiday accommodation due to the remote location. However, the cumulative impact (noise/ light/ vibrations) do not give rise to an unacceptable impact (subject to the relevant conditions in the following?  paragraphs). It is considered that the buildings relate well from a visual perspective to the surroundings and main house and will have no significant impact on the character / remoteness of the area.

10.47.   The lay of the land and remoteness of the barns shields them from many longer and medium distance views. Wider long-distance views of the site are limited. Where it can be seen from a distance, the buildings would be seen as part of the farm development and would appear in context and thus no harm is identified to the National Park including views to and from.

10.48.   Paragraph 135 (c) of the National Planning Policy Framework states:

Planning Decisions should limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation.

10.49.   The applicant has submitted an artificial lighting plan with this proposal, which shows that the lighting is the minimum needed for the health and safety of site users as well as for security within this intrinsically dark landscape. The lighting has been designed to minimise obtrusive light from glare. In addition the artificial light overspill from the site is minimal and will not have an adverse impact upon the intrinsically dark landscapes of the area which was one of the objections received from local residents.

10.50. This proposal is considered to comply with CP3, CP4 and CP12 of the Local Plan for Richmondshire as well as Paragraph 135 (c) of the National Planning Policy Framework. The proposal will not impact the National Park and thus there is no conflict with Section 245 of Levelling-up and Regeneration Act 2023.

Biodiversity Net Gain

10.51.   Planning Permissions in England are deemed to be granted subject to the general Biodiversity Gain Condition as set out by Schedule 7A, paragraph 13 of the Town and County Planning Act 1990 (TCPA) as amended by Schedule 14, Part 2, paragraphs 13, 14 and 15 of the Environment Act 2021. This is a pre-commencement condition.

10.52.   This application is considered to be exempt from this condition due to being a retrospective planning application made under Section 73A of the Town and Country Planning Act 1990.

10.53.   The Local Planning Authority have been unable to assess whether the conversion of the agricultural buildings would have had a detrimental impact upon wildlife. The application site was formerly a concrete farmyard and existing agricultural barns, which would have potentially housed bats, barn owls and other birds.

10.54.   To mitigate against any wildlife impact which may have occurred, the applicant has already installed owl boxes on the modern agricultural buildings adjacent to this retrospective development. However, it is recommended that a Biodiversity Enhancement Scheme be conditioned and that this scheme shall allow for the installation of further bird boxes and bat boxes. Subject to this condition the development complies with Paragraph 187 (d) of the National Planning Policy Framework and Policy SP3 of the Local Plan for Richmondshire.

11.0     PLANNING BALANCE AND CONCLUSION

 

11.1.     This retrospective planning application seeks to support the diversification of the existing agricultural business through the regularisation of the two C3 residential dwellings on site to leisure and tourism accommodation & conversion of former agricultural buildings on site to a ceremony, games room and utility room. The former agricultural buildings are used to host weddings and other small events such as Yoga retreats and small conferences.

11.2.     This retrospective development offers a unique wedding and events venue in a tranquil setting, whilst supporting the economic regeneration of the area.

11.3.     Vehicular access to the site is deemed suitable subject to the implementation and construction of passing places in accordance with the submitted highway plans.

11.4.     This retrospective development would not negatively impact on the amenity of nearby residential properties and is exempt from statutory biodiversity net gain as it is a retrospective planning application under Section 73A of the Town and Country Planning Act 1990.

11.5.     This retrospective application complies with the expectation of policies of the Richmondshire Development Plan and the National Planning Policy Framework.

12.0     RECOMMENDATION

12.1     Minded to Grant subject to conditions and completion of a unilateral undertaking for passing places; with review of the unilateral undertaking delegated to the Head of Development Management.

 

Recommended conditions:

 

Condition 1 Approved Plans

The development hereby permitted shall be carried out precisely in accordance with the approved drawings and particulars as set out below, together with any conditions attached to this approval which may require variation thereof:

 

a)    Application Form and Certificate

b)    Planning Statement (Report produced by: Lavingham Planning Consultants, Date of Report: March 2025).

c)    Block Plan Existing Lighting and Owl Boxes (Document Date: 26th March 2025).

d)    Ecological Enhancement Measures (Report Produced by: Lavingham Planning Consultants Document Date: 26th March 2025).

e)    Existing Lighting – Telfit Farm, Markse (Report Produced by: Lavingham Planning Consultants Document Date: 26th March 2025).

f)     Proposed Elevations and Floor Plan (Drawing No. 1 Rev No.1)

g)     Existing Elevations and Floor Plan (Drawing No.1 Revision No.1).

h)    As Proposed Site Layout (Date of plan: October 2020).

i)      Floor Plan Telfit Farm Cart House (Document Date: 26th March 2025).

j)      Floor Plan Telfit Farm Main House (Document Date: 26th March 2025).

k)    Function Room as Existing Building Details (Plan Date: October 2020).

l)      Function Room as Proposed Building Details (Plan Date: October 2020).

m)   Location Plan (Date of plan: October 2020).

n)    Proposed Passing Place Details (Date of Plan: February 2023).

o)    Proposed Passing Place Site Layout Sheet 1 (Date of Plan: February 2023).

p)    Proposed Passing Places Site Layout Sheet 2 (Date of Plan: February 2023).

q)    Site Layout Details Illustrating Passing Places – Track (Date of plan: October 2020).

r)     Transport Statement (Report Produced by: Lavingham Planning Consultants, Date of Report: March 2025).

 

Reason for Condition: To  ensure that the development is carried out in accordance with the approved particulars and plans.

Condition 2 Ecological Mitigation

A scheme for the ecological mitigation and enhancement of the site shall be submitted to and agreed in writing by the Local Planning Authority within six months of the date of this decision notice. This shall include the precise number, location and design of bat and bird boxes to be installed (and already installed) on buildings, as well as any other practical and feasible “bat friendly” features as well as any other wildlife enhancement measures as is viable. Thereafter the development shall be implemented in accordance with the approved scheme including embodied implementation timetable and the installed features retained and maintained in perpetuity.

 

Reason for Condition: In the interests of protecting biodiversity on site.

 

Condition 3 Delivery of off-site highway works

Within 6 months from the date of this decision notice a Public Right of Way Signage Scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include a maximum advisory speed limit of 10mph together with warning of walkers and horse riders likely present; and the location of the signs.

 

The approved signage shall be erected within 8 months of the date of this decision notice and shall thereafter be retained and maintained. The signs shall be kept clear of any foliage which could over wise obscure the signs visibility.

 

Reason for Condition: For the safety of users of the Public Right of Way.

 

Condition 4 Provision of Approved Parking Area

The parking areas shall be provided in accordance approved plan ‘As proposed site Layout’ within 3 months from the date of this decision notice. Once created these areas must be maintained clear of any obstruction and retained for their intended purpose at all times.

 

Reason for Condition: To provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development.

 

Condition 5 Car Park Management Plan

Within 6 months from the date of this decision notice a car park management plan shall be submitted and approved in writing by the Local Planning Authority. The Car Parking Management Plan shall include how the car park will be managed and state how the applicant will implement best endeavours that there is no overspill parking on nearby grass verges and the PRoW.

 

Reason for Condition: To provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development.

 

Condition 6 Fireworks

Outdoor fireworks shall not be used at any event, at any time.

 

Reason for Condition: To protect the amenity of nearby residents from protect and in the interests of protecting wildlife.

 

Condition 7 External Lighting

The artificial lighting on site shall be installed within 6 months of the date of this decision notice, and thereafter operated and maintained in accordance with the Existing Lighting – Telfit Farm (Report produced by Lavingham Planning Consultants, Document Date: 26th March 2025) and Block Plan Existing Lighting and Owl Boxes (Document Date: 26th March 2025). Any changes to the existing lighting scheme shall be submitted to and approved in writing by the Local Planning Authority prior to any changes taking place.

 

Reason for Condition: To reserve the rights of the Local Planning Authority and in the interests of amenity and minimising light pollution.

 

Condition 8 Number of Events

In any 12 month period no more than 24 large events between 50 to 80 guests / attendees shall take place on site, excluding caterers, entertainers and members of staff.

 

A log book of the preceding 12 months and the future 12 months shall be kept at all times including details of event type, number of guests / attendees and primary booking person. The logbook shall be provided to the Local Planning Authority within 5 working days of any request.

 

Reason for Condition: To ensure the rural area continues to be tranquil and for the continued enjoyment of the Public Right of Way by members of the public.

 

Condition 9 Number of Attendees

No more than 80 guests / attendees shall be at site at any one time, excluding caterers, entertainers and members of staff.

 

Reason for Condition: To ensure there is sufficient parking, to reduce impact on local highway network and Public Bridleway and to preserve the tranquillity of the rural area and setting of the National Park.

 

Condition 10 Notification to Parish Council

At least 30 days notice of any 50 to 80 guest/attendee event to take place shall be given in writing to the Parish Council. If an event is booked with less than 30 days to prior to the event, then as much notice as reasonably practical shall be given in writing to the Parish Council.

 

Within 1 month from the date of this decision notice the site operator shall contact the Parish Council to request their preferred written method of communication (email/ postal etc.) and thereafter use the preferred communication details unless otherwise updated by the Parish Council.

 

Reason for Condition: To reduce conflict with the community in the interests of sustainable development, and for the safety of persons using the local road and PRoW network.

 

Condition 11 Noise

No live or amplified music or live entertainment shall take place outdoors or within any marquee or tent associated with the development without first written approval of the Local Planning Authority.

 

Reason for Condition: To protect the amenity of nearby residents from noise.

 

Condition 12 Use of External Space

No events shall take place externally including any tent or marquee, including exercise and ‘drinks’ receptions, until and unless an external events plan is first submitted to and approved in writing by the Local Planning Authority. There afterwards the external events shall accord with the approved details.

Reason for Condition: To ensure that the rural area continues to be tranquil and for the continued enjoyment of the Public Right of Way by members of the public; and residential properties in the wider area.

 

Target Determination Date: 12.06.2025

 

Case Officer: Liam Timmins, liamtimmins@northyorks.gov.uk

 


 

Appendix A – Public Rights of Way and Highways Map 

 

 


 

Appendix B – Approximate Position of Proposed Passing Places

 

 


 

Appendix C – Application Site and Coast to Coast Walking Route in Orange