North Yorkshire Council
Community Development Services
Skipton and Ripon Area Constituency Planning Committee
05 AUGUST 2025
ZA25/26671/FUL – FULL PLANNING PERMISSION FOR THE DISMANTLING OF EXISITNG PORTAL FRMANED BUILDING INCLUDING EXTENSIONS. CONVERSION AND EXTENSION OF TRADITIONAL AGRICULTURAL BUILDING, CHANGE OF USE CLASS TO PROVIDE A WEDDING/EVENTS VENUE AND ASSOCIATED EXTERNAL WORKS AND LANDSCAPE WORKS ON BEHALF OF WARLEY WISE FARM LLP
Report of the Assistant Director Planning – Community Development Services
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1.0 Purpose of the Report 1.1. To determine a planning application for the dismantling of existing portal framed building including extensions. Conversion and extension of traditional agricultural building, change of use class to provide a wedding/events venue and associated external works and landscape works on land at Warley Wise Farm, Cowling, North Yorkshire, BD22 0LL.
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, details of views expressed by consultees, 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. The application has been brought to the Skipton and Ripon Planning Committee at the request of the local ward councillor because of the volume of public concerns over policy conflicts for development in the open countryside. |
2.0 Executive Summary
RECOMMENDATION: That planning permission be GRANTED subject to conditions listed in Section 12 of this report.
2.1
This application seeks
Full Planning Permission is for the conversion and extension
of an existing traditional agricultural building that is no longer
required for agricultural purposes to provide a wedding and events
venue. The proposal includes the removal of the existing
portal framed building and extensions along with associated
external infrastructure enhancements. The proposal would also
provide on-site accommodation, landscaping, parking and access
improvements.
2.2 The new extension will feature an entrance foyer, a bar and DJ area, a reception and buffet space, a kitchen, an office, and a storeroom, as well as male, female, and accessible restroom facilities. The first floor will include a photo suite, access to a roof terrace, and an additional storage room.
2.3 Access to the site is gained through the existing access entry point, which has recently had its visibility improved due to a previous planning approval on the site.
2.4 The site has previously been granted planning permission for the conversion of the centre section of the existing buildings on site to form 2no. Dwellings. This permission has been implemented.
2.5 In addition, the applicant notified the Council in January 2024 of a change of use under Class R of the General Permitted Development Order for a section of the building to operate as a Hotel (C1). This area now forms part of the application under consideration by the Council.
2.6 The site is set outside of the settlement of Cowling and thus lies in open countryside.
2.7 An objection was previously raised by the Councils Public Right of Way officer with regards to the impact of the development on the existing footpath. This objection has now been removed as the Council is in receipt of an application to divert the footpath under the TCPA.
2.8 The proposal would provide biodiversity (approx. 44.38%) and sustainable enhancements with the provision of solar panels, electric vehicle charging and air source heat pumps.
2.9 The proposal is not considered to create any unacceptable harm to the street scene, or landscape harm and is not considered to create any unacceptable amenity, environmental, highways, drainage or ecological harm.
2.10 Having regard to the overall planning balance, the proposal is considered to comply with Local Plan Policies SD1, SD2, ENV1, ENV2, ENV3, ENV6, EC3, EC4, INF4 and INF7.
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© 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. Pre-application discussions were held prior to the submission of this application, these discussions outlined that the scheme would be acceptable in principle but details regarding the visual impact, parking and turning needed to be revisited.
3.3. The relevant planning history for this site is listed below:
2021/23289/FUL – Change of use, part-demolition and alterations to existing outbuildings to create five dwellings. Construction of garage to serve existing farmhouse. Modified access. Works to external appearance of the existing farmhouse. Ancillary works. – Approved 25th November 2021.
Officer Note: Planning permission 2021/23289/FUL has not been implemented within the required timeframe and, as a result, has now expired.
ZA24/25643/FUL – Change of use, part-demolition and alterations to existing outbuildings to create two C3 dwellings – Approved 25th April 2024.
Officer Note: The agent has confirmed that this permission has been implemented, with works currently ongoing.
4.0 Site and Surroundings
4.1. The proposed application site is a farm situated on the outskirts of Cowling. The site area measures approximately 0.84ha and lies in the open countryside. The site has an existing access off Warley Wise Lane.
4.2. The application site is in an elevated position when viewed from the A6068 and is surrounded by open agricultural land and various farm holdings around the application site.
4.3. The nearest residential properties are located approximately 300m to the northeast, 500m to the west and 600m to the southeast.
4.4. The site falls entirely within Flood Zone 1 as defined by the Environment agency (EA) Flood Map for Planning, these being areas at low probability of flooding from rivers and the sea. The EA map also shows that the site is at low probability of surface water flooding.
4.5. Cowling is identified as a Tier 4a settlement in the Local Plan and is within a 10minute drive from the application site offering varies services, facilities and public transport links. A public right of way runs through the site ref 05.14/78/1 and beyond connecting with other footpaths in the area.
5.0 Description of Proposal
5.1. This application seeks full planning permission for the dismantling of existing portal framed building including extensions. Conversion and extension of traditional agricultural building, to form wedding/events venue and associated external enhancements and landscape works. The proposal would also provide on-site accommodation, parking and access improvements.
5.2. The proposed extension located on the western elevation of the building would comprise of two storeys. The proposed building measures would be approximately 8.5m (H) to the ridge which is one metre below the existing building ridge height. The floor area would be 288sqm (12m x 24m). Half of the extension would be enclosed within the building to create the first-floor photo suite area with the other half being an external roof terrace area enclosed with a glass balustrade.
5.3. The proposed extension would be constructed in weathered steel giving it a natural rust-like finish. Existing materials would be used and maintained with any replacement to be of high-quality stone slate roof tiles and stone walls.
5.4. The boundary treatments will involve rebuilding the existing dry-stone walls that run parallel to the track. Additionally, adjacent tree planting is planned. Dry stone walls are also proposed to delineate garden areas for the on-site accommodation. The northern boundary will be graded to create a smoother transition into the adjacent fields.
5.5. Soft landscaping would consist of various species of native trees, hedge planting, ornamental shrubs, wildflower and low maintenance turf. These areas would be located on the eastern boundary, within the parking area, adjacent to the access and to the south elevation of the building.
5.6. There are 2no. subterranean plant rooms located on the northern boundary of the site. These areas would house the building utilities, including generators, battery storage, electricity, refuse and recycling storage, water storage, filters and air source heat pumps. The larger roof of the two buildings would have a roof covered in solar panels, while the other building would feature a green roof.
5.7. Details provided anticipate that there would be 7 full-time members of staff employed by the venue. In addition, there would be indirect employment benefit for wedding suppliers and construction and maintenance workers.
5.8. Details submitted indicate that the site would hold approx. 30 weddings/events a year with a maximum capacity of 100 guests per wedding and 120 per reception.
5.9. Pedestrian and vehicular access would use the existing agricultural access from Warley Wise Lane. Parking areas are located to the northeast of the proposed development with 36 spaces in total provided including provision for 4no. accessible parking bays.
5.10. The support information also states that minibuses will be organised for larger groups with gates being locked at the end of the reception.
5.11. The proposal has been accompanied by a Transport Statement (TS). The TS outlines that the residual cumulative impacts of the proposal would not be severe.
5.12. A drainage layout plan has been submitted which identifies that the preferred method of surface water disposal would be into an attenuation tank and then dispersed into the existing water course. Foul drainage is to be discharged via a septic tank.
5.13. A Biodiversity Net Gain Metric, Ecological Impact Assessment a Bat and Barn Owl Method Statement has been submitted and has not identified any protected species or designated habitats that would be adversely affected by the proposal. The Metric also indicates that the development would provide a net gain increase of 44.38%.
5.14. The Sustainability Statement sets out the design of the proposal, the use of solar panels is proposed along with electric vehicle charging and air source heat pumps. The development would also be compliant with current Building Regulation requirements in terms of window glazing, insulation, water efficiency and sustainable drainage systems.
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 the 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 if 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 (Dec 2024)
· National Planning Practice Guidance (NPPG)
· National Design Guide
· Good Design in Craven SPD
· Flood Risk & Water Management SPD
· Green Infrastructure and Biodiversity in Craven SPD
· Craven Local Plan Parking Evidence - NYCC Interim Parking Standards 2015
· Landscape Appraisal 2002
· Planning (Listed Buildings and Conservation Areas) Act 1990
7.0 Consultation Responses
The following consultation responses have been received and have been summarised below:
7.1. Parish Council: No representations have been received at the time of compiling this report.
7.2. Division Member(s): There is clearly a high level of public concern about this application so as the local councillor I have asked that it goes before the planning committee for consideration. Since I'm a member of that committee I am going to keep an open mind until I have seen and heard all evidence.
7.3. NYC Highways:
· The access to the development has been upgraded to achieve visibility splays of up to 70 metres. Given the natural environment of the road leading to the site this is acceptable. Improvement works, are part of the existing vehicle crossing application and are ongoing.
· Turning & parking for the development has been considered and is acceptable.
· Traffic volumes will increase however it will not cause a severe impact on Highway safety in this location.
7.4. NYC Public Rights of Way (PROW): No objection. Application has been received to divert the footpath under the Town and Country Planning Act 1990. Standard Informative to be included on any subsequent planning approval.
7.5. NYC Ecology Officer: No objections to the scheme. The enhancement measures provided are sufficient and acceptable.
· Development in accordance with the bat method statement and barn owl method statement.
· Standard BNG condition relating to Biodiversity Gain Plan
7.6. NYC Environmental Health:
· Conditions recommended relating to noise: Including submission of a noise management plan (NMP), validation test of the NMP, No music between 11pm and 7am, adjacent residential properties to be used in conjunction to wedding/event venue.
· Lighting scheme acceptable
· Reporting of unexpected contamination condition recommended.
· Advisory note to applicant: Under the Water Supply (Water Quality) Regulations 2016 private water supplies require risk assessing and thus contact should be made with the Council’s Environmental Team. Sufficient water supply to meet all reasonable demands of site users.
Officer note: The requirements of the Water Supply (Water Quality) Regulations 2016 are outside of planning and therefore planning conditions should not duplicate controls under other legislation and thus an informative would be added to any permission advising the applicant of the requirements.
7.7. Natural England: No objections - Based on the plans submitted, Natural England considers that the proposed development will not have significant adverse impacts on statutorily protected nature conservation sites or landscapes.
7.8. Yorkshire Water: As no communication with the public sewer network is proposed, no comment to make.
7.9. Site Notice: Expired 18/03/2025.
7.10. Press Notice: Expired 27/03/2025.
Local Representations
7.11. 27 (twenty-seven) local representations have been received of which 1 (one) is in support and 26 (twenty-six) are objecting. A summary of the comments is provided below, however, please see website for full comments.
7.12. Support:
· Economic development is beneficial to the Parish.
· Development does not appear to ruin the environment it exists within.
7.13. Objections:
Highways
· Increased traffic – Safety of pedestrians and vehicles.
· Surrounding roads are narrow.
· Disruption to existing residents, pedestrians, cyclists, horse riders.
· No footpaths.
· Impractical for emergency services.
· Poor access and visibility.
· No passing places.
· Road infrastructure is non-existent.
· Insufficient parking.
· Roads not suitable for larger vehicles.
· Not in accordance with the Highways Act.
Biodiversity
· Impact on wildlife.
· Impact on existing livestock.
· Impact on the nearby SSSI.
· Great Crested Newts within vicinity.
Design
· Impact on surrounding landscape.
Amenity
· Concerns over noise, light and air pollution.
· Impact of glare from solar panels.
Flood Risk
· Increase surface water run-off.
Miscellaneous
· Adequate notification not given to residents or business within local area.
· Inadequate detail within supporting documentation.
· Impact on climate change.
· Contravenes the NPPF.
Non-Material considerations
· There is not a need for an additional wedding/events venue.
· This is a shift from the previous planning approval.
· Lack of a precedent
· Marquee has no noise insulation.
8.0 Environment Impact Assessment (EIA)
8.2 ‘Screening’ is a procedure used to determine whether a proposed project is likely to have significant effects on the environment. When screening Schedule 2 projects, the Local Planning Authority must take account of the selection criteria in Schedule 3 of the 2017 Regulations. Not all of the criteria will be relevant in every case, each case should be considered on its merits in a balanced way.
8.3. To aid Local Planning Authorities to determine whether a project is likely to have significant environmental effects, the Planning Practice Guidance includes a set of indicative criteria and key issues. The indicative criteria and thresholds for this category advise that EIA is unlikely to be required for the redevelopment of land unless the new development is on a significantly greater scale than the previous use, or the types of impact are of a markedly different nature or there is a high level of contamination. Criteria are then applied to sites which have not previously been intensively developed, which are not considered to be relevant in this instance due to the site being previously developed. Key issues to consider are noted to be the physical scale of such developments, potential increase in traffic, emissions and noise.
8.4. Having regard to the assessment, officers consider that the scale and nature of the development and the potential impacts can be assessed through the planning application process and an EIA will not be required. This judgement has been made on the basis of the information submitted by the applicant, consultation responses, the EIA Regulations and advice in the NPPG.
9.0 Main Issues
9.1. The key considerations in the assessment of this application are:
· Fallback Position
· Design & Visual Amenity
Sustainable Design and Construction
· Amenity
Noise
Lighting
· Highways & Parking
Traffic Movement
Sustainable Transport
Parking
· Biodiversity
Site of Special Scientific Interest (SSSI)
· Flood Risk & Drainage
Surface Water
Foul Drainage
· Other Matters
10.0 Assessment
Principle of Development
Economic
10.1. LP Policy EC3 states 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.
10.2. At a national level, the NPPF paragraph 88(a) and (c) is clear that in rural areas, development which enables the sustainable growth of all types of business through the conversion of existing buildings and well-designed beautiful new buildings, enables sustainable rural tourism and leisure developments, recognising that in meeting such needs these sites may not be well served by public transport however, the use of previously developed land should be encouraged, where suitable opportunities exist. However, will be important to ensure that development is sensitive to its surroundings, does not have an unacceptable impact on local roads and exploits any opportunities to make a location more sustainable (paragraph 89).
10.3. The application site is an old dairy farm that includes a vacant farmhouse and adjoining derelict farm buildings and extensions, which are deteriorating.
10.4. The proposal is for a rural wedding and events venue that would offer a unique experience based on its countryside location and the views that the site affords.
10.5. It is acknowledged the proposal is not a traditional rural business, but it is diversification of Warley Wise Farm which has historically been a part of the rural community. The proposal aim is to generate local employment and help facilitate the increase of existing commercial facilities in the surrounding area, which would assist local businesses. It is expected that many of the wedding guests may be likely to stay locally at nearby hotels and B&B facilities as well as potentially use local taxis and minibuses thus the proposal would contribute to the wider economic benefits of the area.
10.6. It is considered therefore that this proposal would help ensure the longevity of the farm. By introducing a new wedding venue in the area, it would expand the available options and stimulate local economic activity through increased spending. Additionally, the venue would create direct jobs and indirectly support other businesses and employment opportunities in the community. It could also host various events for residents. Therefore, the proposal aligns with Craven LP Policy EC3.
Tourism.
10.7. LP Policy EC4 states that tourism will grow in a sustainable way so that it helps to improve the economy, environment and quality of life through recognising opportunities to bring tourism to new areas, including new types of activity and destinations.
10.8. Paragraph 7.36 of the supporting text to Policy EC4 also recognises that it would be unfair to restrict economic opportunities, and to hinder growth and diversification within the rural economy.
10.9. Whilst it is recognised that the proposal is not solely for a tourism-led development, it is acknowledged that the proposal would include an aspect of tourism through the introduction of the wedding and events venue and the provision of accommodation on-site in this rural location. Allowing visitors to appreciate the area's natural beauty and cultural and heritage assets within the surrounding area whilst also having the opportunity to visit other tourism locations in the Craven area and beyond.
10.10. In conclusion, it is considered that the re-use of this existing brownfield site would provide benefits to the local economy with the provision of a wedding and events venue. Furthermore, the proposal would be consistent with the objectives of the NPPF in terms of the need to support new business ventures in rural areas. The proposal would accord with the economic, social and environmental dimensions to sustainable development. The proposal is therefore considered to meet the requirements of the Craven LP Policies EC3, EC4 and the NPPF.
Fallback Position
10.11 Paragraph 47 of the NPPF says that Planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise.
10.12 There are cases where a proposed development is in conflict with policy in the development plan but there may be a ‘fall back’ position enabling a similar development to take place e.g. as permitted development, or a development approved under another application.
10.13 The Courts have settled on when a ‘fall back’ position can be a material consideration in determining a planning application, which might allow a proposal to be supported that otherwise would conflict with policy.
10.13. In determining whether there is a fallback position is a planning judgement, but the basic principle is that for a prospect to be a ‘real prospect’, it does not have to be probable or likely; a possibility will suffice.
10.14. The General Permitted Development Order (GPDO) sets out the criteria in which certain types of development are lawful without the need to obtain planning permission (also known as permitted development) Within Schedule 2, Part 3 of this order, Class R development is found. Under Class R the following development is permitted:
Class B2 (general industrial) (raw goods, excluding livestock, which are produced on the site and are to be sold on the site)
Class B8 (storage or distribution)
Class C1 (hotels)
Class E (commercial, business or service)
Class F2(c) (outdoor sport & recreation)
10.15. The Planning Department in January 2024 received notification of a change of use of the agricultural building at the western end of the barn to a Class C1 use (hotels). It is considered that building could be converted under the above criteria. Therefore, the principle of a hotel in this location has been established through the pursuance of a Part R process. This results in a fall-back position where a hotel can be located on the site via permitted development rights.
Design & Visual Amenity
10.16. LP Policy ENV3 sets out the general design principles that contribute to achieving good design, including (inter-alia): a) a response to the context of the site; b) a respect of surrounding built form; c) legibility and place making, and; d) enhancing positives of local environment whilst minimising negatives.
10.17. The policy is supported by the Good Design in Craven SPD, which provides detailed guidance on rural conversions and design-led principles.
10.18. LP Policy ENV1 seeks to ensure that development in the countryside safeguards landscape character. The application site is set within an open rural landscape identified as “Open Upland Pasture / Irregular Stone Walls” characterised by open, exposed upland character, rolling landscapes, a strong network of dry-stone walls enclosing small to medium scale, irregular shaped fields, and trees are mainly absent. This policy also seeks to ensure that exterior lighting to be kept to a minimum to protect the area’s natural surroundings and that exterior lights shall demonstrate that there is no significant adverse impact on the character of the area.
10.19. LP Policy ENV2 seeks to conserve and where appropriate enhance Craven's historic environment.
10.20. The design of the on-site accommodation was previously approved under planning permission ZA24/25643/FUL. No external changes are proposed, as the development was deemed well-designed and responsive to the character of the farmhouse and its surrounding area.
10.21. The wedding and events venue will utilise the existing barn on site with minimal intervention to its northern elevation, primarily in the form of new openings. It is acknowledged that to implement this proposal, the barn will require extensions to its rear elevation for essential facilities, including male and female restrooms, an office, and a kitchen area. These extensions will be constructed using natural materials that match those of the existing barn and attached buildings. It is believed that these elements of the proposal are acceptable regarding design, scale, appearance, and the use of appropriate materials.
10.22. In contrast, the proposed two-storey and single-storey extensions on the western elevation feature a more contemporary design intended to harmonise with the agricultural setting of the site. The two-storey extension will be set lower than the ridge of the adjoining barn, ensuring that the original farm buildings remain a prominent feature of the site when viewed from the outside.
10.23. The south elevation will feature the main entrance to the venue, complemented by three full-height windows. The rear elevation will consist of fixed windows with no openings. The south and west elevations of the extension are designed with floor-to-ceiling windows and a set of bi-folding/patio doors, which will overlook the outdoor seating area and the fields beyond, providing access to the patio area. It is acknowledged that the extension would be constructed in weathered steel giving it a natural rust-like finish. The use of this material is not considered to result in any visual harm.
10.24. Soft landscaping has been proposed in the form of shrubs and trees as you enter the site and traveling towards the venue. The wedding venue outdoor areas would also have more formal landscaping, with lawns, shrub and tree planting. The existing public right of way would be diverted to allow users to access the path along the proposed natural woodland area. The proposal would also retain existing boundary walls and make good where necessary.
10.25. Bin stores would be accommodated for within the northwestern plant room within an internal area that can be accessed via a double door on the eastern elevation.
10.26. A lighting plan has been submitted with the proposal which shows the level of external lighting proposed. The lighting plan comprises of various style lighting across the site, with a large amount of the site and access being occupied by low level wall and bollard lighting. Subject to an appropriately worded condition it is considered that this form of lighting would not give rise to any visual harm to the character of the area.
10.27. To the southeast, approximately 690 meters away, are several Grade II Listed Buildings, formerly known as Stone Head and Lower Stone Head. Given the distance from these buildings to the application site, the proposed development would have a negligible impact on their setting, mainly due to the scale of the project and the choice of external materials and, with reference to paragraph 213 of the NPPF, would not cause any harm to, or loss of, the significance of a these heritage assets.
10.28. On balance, it is considered that a long-term use of the buildings would prevent further decay to their fabric, and the conversion and extensions combined with the removal of dilapidated structures would result in a visual enhancement and allow for the original parts of the buildings to be appreciated. When travelling along the PROW the agricultural origins of the buildings would remain apparent to any observer passing along the footpath and when viewed from outside of the site. In addition, the proposal seeks soft landscaping enhancements and the retention of existing boundary walls. It is therefore considered that the proposal accords with the requirements of Craven LP Polices ENV1, ENV2, ENV3 and the NPPF.
Sustainable Design and Construction
10.29. LP Policy ENV3 (t) seeks to ensure that development help to mitigate against climate change.
10.30. The proposal includes the installation of solar panels on the flat roof of the plant room, which would be located in the northwest corner of the application site. Additionally, electric vehicle charging stations and air source heat pumps would be integrated into the development. The development would also adhere to current building regulation requirements regarding window glazing, insulation, water efficiency and sustainable drainage systems.
10.31. These proposals reflect a clear commitment to reducing environmental impact through minimising new material use, lowering energy consumption, and encouraging sustainable travel.
10.32. The proposal is therefore considered to address the sustainable construction objectives of the Craven LP Policy ENV3(t).
Amenity
10.33. Policy ENV3, specifically criterion (e) and (f) asserts that development should protect the amenity of existing and business occupiers whilst providing a good standard of amenity for existing and future occupants as well as demonstrating that they will secure a good standard of amenity for all existing and future occupants of land and buildings.
10.34. Policy ENV1(f) requires exterior lighting to be kept to a minimum to protect the area’s natural surroundings and that exterior lights shall demonstrate that there is no significant adverse impact on residents, pedestrians or drivers.
10.35. Paragraph 187 of the NPPF prevents new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of noise pollution.
10.36. Paragraph 198 of the NPPF states that new development is appropriate for its location taking into account the likely effects (including cumulative effects) of pollution on health, living conditions, as well as the potential sensitivity of the site or the wider area to impacts that could arise from the development through mitigating and reducing adverse impacts from noise and light pollution.
Noise
10.37. The application site is located in a rural location set back from Warley Wise Lane and currently consist of a dilapidated farmstead comprising of a single vacant dwelling and attached barn.
10.38. Planning approval has previously been granted for the change of use to form an additional two dwellings in the middle barn array. Additionally, this site was also granted planning approval for 5no. Dwellings (now lapsed). It is considered that these approvals would result in an increase in noise generated from this site due to the domestic activities and intensification of the site. As the previous permissions related to residential development no controls on noise were considered necessary.
10.39. As outlined in the Noise Impact Assessment Report (NIAR), the area currently has a low background sound level with intermittent livestock sounds and vehicle movements typically associated with rural locations.
10.40. The proposal is to introduce a wedding an events venue which comprises of a reception room, bar area and an area to accommodate a DJ, disco or live bands.
10.41. It is proposed that amplified music during the reception, would be turned off at 2300hrs. It is noted that the nearest properties are located to northeast and southwest at distances ranging from approx. 300m > 650m.
10.42. The NIAR submitted with the proposal highlights three scenarios of which have been investigated. These scenarios consist of the below:
· music noise levels by way of a standard stereo PA system, calibrated to a sound pressure level of 85 dB(A) on the dancefloor area with doors open to the southeast and southwest façade;
· music noise levels by way of a standard stereo PA system, calibrated to a sound pressure level of 85 dB(A) on the dancefloor area with doors closed to the southeast and southwest façade; and,
· background music noise levels by way of a standard stereo PA system, calibrated to a sound pressure level of 75 dB(A) on the dancefloor area with doors open to the southeast and southwest façade.
10.43. The Councils Environmental Health Officer has reviewed the NIA and deemed the contents acceptable. Conditions have been recommended in relation to the submission and prior approval of a noise management plan (NMP) based on the mitigation measures and recommendations with the NIAR and a validation test of the NMP prior to the development being brought into use. Additional conditions to restrict the use of amplified or other music between 2300-0700 hours Monday to Sunday are also recommended.
Lighting
10.44. A lighting plan has been submitted with the proposal which shows the level of external lighting proposed. The lighting plan comprises of various style lighting across the site, with a large amount of the site and access being occupied by low level wall and bollard lighting.
10.45. It is recognised that the development would result in some light spill into the outdoor space, but the impact could be mitigated to a reasonable extent through the use of appropriate lighting.
10.46. The Councils Environmental Health Officer has raised no objections with the proposed lighting plan.
10.47. Objections have been raised in terms of the glare from the solar panels. These are to be situated on the flat roof of the northwestern plant room, facing in a southernly direction. Given the angle of the solar panels, and the direction in which they are facing, they are not considered to have unacceptable impact in terms of glare on nearby dwellings or road users.
10.48. In conclusion, it is considered that the use of appropriately worded conditions would be acceptable to mitigate any unacceptable impacts on the amenity of neighbouring residents, pedestrians and drivers. Therefore, the proposal is considered to accord with LP Policies ENV1(f) and ENV3(a), (e) & (f) and NPPF
Highways & Parking
10.49. LP Policy INF4 seeks to minimise congestion, encourage sustainable transport modes and ensure proper provision of parking and management of cars and other vehicles.
10.50. LP Policy INF7 seeks to maximise opportunities for sustainable travel modes, including by ensuring that all developments maximise opportunities to travel by noncar modes of transport.
10.51. NPPF Paragraph 116 states:
“Development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network, following mitigation, would be severe, taking into account all reasonable future scenarios”.
Traffic Movement
10.52. The proposal aims to utilise the existing vehicular access that previously served the existing buildings. This access has been upgraded to ensure visibility of up to 70 metres. Given the natural environment of the road leading to the site, this improvement is deemed acceptable.
10.53. Additionally, the existing roads are located within a rural setting and are used widely by existing farm traffic, delivery vans and residential users. It is not considered that the proposed development would adversely impact on the current users of the surrounding roads.
10.54. It is also considered that there is sufficient access for emergency services and larger delivery vehicles to turn and park where required.
10.55. It is acknowledged that the proposal would result in an increase in vehicle movements. A transport statement has been submitted in support of the proposal. NYC Highways have received the documentation and acknowledge that there would be an increase in traffic volumes, however, it will not cause a severe impact on highway safety. A condition has been recommended that the highway verge should be constructed in accordance with the approved details already in place with the current vehicle crossing licence.
Sustainable Transport
10.56. The application site is located approximately three miles from the centre of Cowling. Cowling is a Tier 4a settlement which offers basic services such as shops, restaurants, public houses, bus routes and taxi services.
10.57. Paragraph 89 of NPPF recognises that sites to meet local business and community needs in rural areas may have to be found in locations that are not well served by public transport, and that in these instances the development must not have an unacceptable impact on local roads and makes opportunities to make a location more sustainable.
10.58. It is acknowledged that this site is located within the open countryside and that it would be predominantly accessed via cars. However, the supporting Planning Statement does state that minibus services but not coaches, can also be offered to allow guests to arrive via shared transport. The site is also served by a network of Public Rights of Way and could be access via cycle.
Parking
10.59. In terms of parking, the proposed development has sufficient area within the application site and surrounding the building to accommodate for the parking of users. Provision has been made for car users, disabled users, minibuses and electric vehicle charging. No coaches are proposed to access the application site. There are no set specific parking standards for wedding venues, however, a ratio of one space per three guests has been calculated meaning 34 spaces would be required. 36no. spaces including four accessible bays and provision for the parking of minibuses is inclusive within the application site.
10.60. NYC Highways have been consulted and not raised any concerns in relation to the proposed on-site parking provision. If planning permission is granted then an appropriately worded condition would be imposed requiring the access, parking, manoeuvring and turning areas to be constructed prior to the use of the venue.
10.61. In conclusion, it is considered that any highway impacts arising as a result of the traffic generated by the proposal could be mitigated by appropriately worded conditions as recommended above. Therefore, it is not considered that the proposal would cause any unacceptable harm to pedestrian, cyclist or highway safety. The proposal therefore accords with Craven LP Policies INF4, INF7 and paragraph 89 & 116 of the NPPF.
Biodiversity
10.62. Policy ENV4 of the Craven Local Plan focuses on biodiversity. It requires that development proposals make a positive contribution to achieving net gains in biodiversity wherever possible and seeks to ensure that development conserves and enhances biodiversity, minimises impacts on wildlife. This policy aligns with national planning guidance, emphasising the importance of enhancing ecological networks and ensuring that development does not harm existing biodiversity.
10.63. Under the Environment Act 2021 and the statutory framework for biodiversity net gain (BNG), every grant of planning permission is deemed to have been granted subject to a general biodiversity gain pre-commencement condition. Unless the proposal falls under one of the exemptions (set out in Regulation 4 of The Biodiversity Gain Requirements (Exemptions) Regulations [2024]), the condition requires developers provide at least a 10% net gain in the biodiversity value found on the site prior to the development. In this case, the proposal is not exempt from any BNG requirements therefore a 10% net gain is required.
10.64. A Statutory Biodiversity Metric has been submitted with the application. The Metric indicates a net change of 44.38% through the introduction of both on-site and off-site habitat units which include an on-site woodland area, a small pond and both an on-site and off-site area of upgraded grassland. Additional measures would also be provided through the installation of 2no. bat boxes, 2no. barn owl boxes, 5no. swift bricks, a hibernaculum and a small area of exposed sandstone to attract bees.
10.65. A Preliminary Ecological Statement and 2no. method statements have also been provided with the proposal. The bat survey found no evidence of bats using the buildings and only a low level of foraging by Common Pipistrelles were recorded. The buildings were accessed as having well pointed internal and external walls with some crevices present.
10.66. As a low level of foraging was observed, a method statement recommends that ecological enhancement measures be incorporated into the development, such as the installation of bat boxes, to contribute to local biodiversity. These measures would align with Policy ENV4 of the Craven Local Plan, which promotes biodiversity improvements within new developments.
10.67. Turning to the barn owl method statement, this highlights that at present a barn on site is used by nesting barn owls, with only a single bird being observed. In respect of this, a method statement has been provided to ensure appropriate mitigation measures are provided. These measures include the provision of a barn owl box. The supporting information includes photographs of the barn owl box in situ located outside of the application site to the northwest.
10.68. The NYC Ecology Officer has reviewed the details provided and confirmed that the measures set out are generous and acceptable. Conditions have been recommended to ensure that development is carried out in accordance with the bat and barn owl method statements. The application is also subject to the mandatory BNG condition.
Site of Special Scientific Interest (SSSI)
10.69. The application site lies 450m to the northwest of the Stonehead Beck SSSI. Natural England have been consulted on the proposal and have confirmed that they have no objection to the proposed development and that it will not have likely significant effects on the protected site. The Councils Ecology Officer has also confirmed that it would be unlikely for the development to affect the SSSI.
10.70. In conclusion, the proposal would not impact on any protected species and would provide biodiversity enhancements subject to the recommended conditions. It is considered therefore that the development complies with LP Policy ENV4, ensuring that biodiversity is safeguarded and opportunities for ecological gain are realised and the aims and objectives of the NPPF.
Flood Risk & Drainage
10.71. LP Policy ENV6 requires that growth will help alleviate and avoid flood risk. This will be achieved by:
· locating development in low flood risk areas where possible;
· incorporating sustainable drainage systems;
· maintaining access to watercourses;
· avoiding areas which with the potential to increase flood resilience and enhancing natural flood resilience as far as possible.
The risk of surface water flooding will be minimised by adequate provision for foul and surface water disposal. Surface water should be managed at source. Adequate provision for sufficient attenuation is required.
10.72. LP Policy ENV8(a) requires new development to be adequately served by sewerage and wastewater treatment infrastructure which safeguards surface and ground water resources.
10.73. The application site is located within Flood Zone 1, which is defined as having a low probability of flooding from rivers or the sea. In accordance with the National Planning Policy Framework (NPPF, December 2024), the Sequential Test is generally not required for development in Flood Zone 1 unless other sources of flood risk are identified.
10.74. An Assessment (FRA) has been submitted and reviewed. It confirms that no part of the proposed built development, including buildings, access or escape routes, or other potentially vulnerable elements, would be located in an area at risk of flooding from any source, either now or in the future, taking into account the potential impacts of climate change.
10.75. In line with the exception set out in the NPPF, the Sequential Test has therefore not been applied, as the development is demonstrated to be located entirely within areas of lowest flood risk.
Surface Water
10.76. Policy ENV6(e) states that development will minimise the risk of surface water flooding by ensuring adequate provision for foul and surface water disposal prior to occupation.
10.77. To the western boundary of the site, there is a small area at risk of surface water flooding with the annual likelihood of flooding being 1:1000 years.
10.78. In terms of managing surface drainage, the developable area is largely previously developed land (PDL), with some limited incursion into open land. The PDL primarily comprises of hardstanding and buildings. A drainage strategy has been provided that sets out that the surface water drainage strategy will be sustainable manage surface water (attenuation basin capable of accommodating a 1:100 year flood event) falling onto the site.
10.79. Subject to implementation of the scheme in accordance with the drainage layout provided, it is considered that the proposal is acceptable in terms of surface water.
Foul Drainage
10.80. In terms of foul water drainage strategy, the flows generated from the development will discharge via gravity to a septic tank. Yorkshire Water were consulted but declined to comment as the proposal would not require connection with the existing public sewer.
10.81. In conclusion, the proposal would not increase the risk of flooding elsewhere and the incorporation of sustainable drainage infrastructure and the management of foul drainage is considered acceptable. The proposal would not conflict with the requirements of Craven Local Plan Policies ENV6, ENV8, the NPPF or the PPG.
Other Matters
10.82. Considering the objection from the Councils Public Right of Way team, a commitment from the applicant to divert the existing footpath has been received by the Local Planning Authority by way of application ref: ZA25/27129/DIVERT. As a result, the objection has been lifted.
10.83. Comments have been provided by the Councils Environmental Health Department in terms of contamination. A condition has been recommended which would require a Remediation Strategy to be submitted should any unexpected contamination be encountered.
10.84. Objection has been received regarding the application not being adequately publicised to residents and businesses with the local area. The application has been publicised via a site notice, a press notice and neighbourhood notification letters in accordance with the Councils Statement of Community Involvement (Feb 2024).
10.85. Previous approvals were considered based on their own merits and other material considerations.
10.86. Objections have been received which states that there is a lack of a precedent from surrounding planning applications. The absence of a previous application of this type does not preclude the Council from considering it. Each application should be evaluated on its own merits, considering the specific circumstances and potential benefits it may bring.
10.87. Objection has been raised in relation to the marquee mentioned with the supporting documentation. The applicant has confirmed that no marquee is proposed as part of this application, in addition should one be required in the future the applicant is aware that planning permission would be required.
10.88. One objection has raised the concern in relation to Great Crested Newts being within the vicinity, however, no evidence has been provided. The Ecology Officer has provided comments in relation to this objection and confirmed that Government Circular ODPM 06/2005 highlights when a protected species survey is required. In this instance it was deemed not to be necessary given that there was no reasonable likelihood of the species being present and affected by the development.
10.89. Objection has also been received in relation to the impact on surrounding livestock. It is not envisaged that the proposal would have an unacceptable impact on livestock in terms of light and noise.
10.88 Concerns raised in connection with the condition of the existing road network and the limited footpaths are noted. However, the maintenance of these roads is undertaken by the highway authority and the proposal does not trigger the need for a footpath.
10.90. The Local Planning Authority is required to give ‘due regard’ to: (a) the need to eliminate discrimination, harassment, victimisation; (b) advance equal opportunity, and; (c) foster good relations through consciously thinking about the three aims of the Equality Duty as part of the process of decision-making. The Local Planning Authority have fulfilled their duties and obligations accordingly.
11.0 Planning Balance and Conclusion
11.1. It is well established through Section 38(6) of the Planning and Compulsory Purchase Act 2004 and Paragraphs 11 & 12 of the NPPF that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The NPPF is one such material consideration.
11.2. NPPF Paragraph 11(c) echoes this: proposals should be made in accordance with development plans providing they are up to date. NPPF Paragraph 11(d) establishes where the development plan contains “no relevant development plan policies” or these key policies are out of date then permission should be granted unless harm to protected areas or assets provide a clear reason for refusal (Paragraph 11(d)(i)), or, the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole (Paragraph 11(d)(ii)).
11.3. It is considered that the principle of development is acceptable. The proposed venue allows a diversification in the rural economy which provides social, economic and environmental benefits in support of EC3 and EC4.
11.4. The proposal is considered to be in keeping with the surrounding landscape and the design of the proposal is not considered to have a negative impact on the landscape setting or wider agricultural setting of the nearby listed buildings. The proposal is not considered to have an impact upon the amenity of the neighbouring properties or surrounding land uses.
11.5. The proposal has a net gain of 44.38% and therefore meets the requirements of ENV4 and the Environment Act 2021.
11.6. The proposal would not be at risk of flooding or increase the risk of flooding elsewhere.
11.7. 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.
11.8. Given that the proposal accords with the requirements of the relevant Local Plan policies, the application is recommended for approval accordingly.
12.0 Recommendation
12.1. That planning permission be GRANTED subject to conditions listed below.
12.2 Recommended Conditions and Reasons
Time Limit for Commencement
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
2. This permission relates to the following plans and documents:
· Application Form – received 23rd January 2025
· Location and Existing Block Plan – Drawing no. 411.01.001 – received 23rd January 2025
· Proposed Ground Floor Plan W.Venue-Planning – Drawing no. 411.06.103 – received 23rd January 2025
· Proposed First Floor Plan W.Venue-Planning – Drawing no. 411.06.104 – received 23rd January 2025
· Proposed Roof Plan W.Venue-Planning – Drawing no. 411.06.105 – received 23rd January 2025
· Proposed Floor Plan Pl. Room-Planning – Drawing no. 411.06.106 – received 23rd January 2025
· Proposed Elevations W.Venue-Planning – Drawing no. 411.06.205 – received 23rd January 2025
· Soft Landscape Layout – Drawing no. MR24-002/101 – received 23rd January 2025
· Proposed Drainage Layout – Drawing no. 8868MJM-XX-XX-DR-C-5201 – received 18th February 2025
· Proposed Plant Room Details-Planning – Drawing no. 411.06.106 – received 18th February 2025
· Proposed Site Plan – Lighting Proposal – Drawing no. 411.07.002 – received 19th May 2025
· Proposed Site Plan – Full App – DNP – Drawing no. 411.02.006 – received 14th July 2025.
· Barn Owl Method Statement and Reasonable Avoidance Measures – received 23rd January 2025
· Bat Survey Report and Method Statement – received 23rd January 2025
· Design & Access Statement – received 23rd January 2025
· Ecological Impact Assessment – received 23rd January 2025
· Foul Drainage Assessment Form – received 23rd January 2025
· Landscape and Visual Appraisal – received 23rd January 2025
· Planning Statement – received 23rd January 2025
· Sustainable Design & Construction Statement – received 23rd January 2025
· Heritage Statement – received 12th February 2025
· Transport Statement (Ref: WWF-DCE-XX-XX-RP-T-5001) – received 12th February 2025
· Statutory Biodiversity Metric – received 25th February 2025
· Biodiversity Net Gain – Location of Habitats – received 4th March 2025
· Swift box Locations – received 5th March 2025
· Noise Impact Assessment Report (Report Ref: P8477-R1-V3) (NoiseAir) – received 19th May 2025
· Warley Wise Farm, Surface Water Technical Note Ref: 101430-DCE-XX-XX-RP-C-0001
The development shall be carried out in accordance with the approved details unless other minor variations are agreed in writing with the Local Planning Authority.
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 and the National Planning Policy Framework.
Before you Commencement Development
3. The Biodiversity Gain Plan shall be prepared in accordance with the Biodiversity Net Gain Metric dated 18th June 2024, received 25th February 2025 and completed by Mitchel Greenhalgh.
Reason: To ensure the Biodiversity Gain Plan submitted for approval accords with the biodiversity information submitted with the planning application and that the development delivers a biodiversity net gain in accordance with Schedule 7A of the Town and Country Planning Act 1990 and Policy ENV4 of the Craven Local Plan and Part 15 of the National Planning Policy Framework
During Building Works
4. The materials to be used in the construction of 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.
5. Should any significant contamination be encountered during development, the local planning authority shall be notified in writing immediately. A Remediation Strategy shall be submitted to, and approved in writing by, the local planning authority. The approved remediation measures shall be implemented in accordance with the timescales in the approved Remediation Strategy.
Reason: To enable the local planning authority to ensure that unexpected contamination at the site will not present significant environmental risks and that the site will be made ‘suitable for use’.
6. Following completion of any measures identified in the approved Remediation Strategy, a Validation Report shall be submitted within agreed timescales to, and approved in writing by, the local planning authority. The site shall not be brought into use until such time as all the validation data has been approved in writing by the local planning authority at the agreed timescales. The Remediation Strategy and Validation Report shall be prepared in accordance with current best practice.
Reason: To enable the local planning authority to ensure that unexpected contamination at the site will not present significant environmental risks and that the site will be made ‘suitable for use’.
7. Unless alternative details have first been submitted to and approved in writing by the Local Planning Authority, the approved development shall be carried out in accordance with the Method Statement and Reasonable Avoidance Measures Section as set out in the Bat Survey Report and Method Statement by Dave Anderson dated 12th February 2024 and maintained in accordance thereafter.
Reason: To avoid the risk of harm to protected species in accordance with the Policy ENV4 of the Craven Local Plan and the National Planning Policy Framework.
8. Unless alternative details have first been submitted to and approved in writing by the Local Planning Authority, the approved development shall be carried out in accordance with the Method Statement and Precautionary Measures Section as set out in the Barn Owl Method Statement and Reasonable Avoidance Measures Report by Dave Anderson dated 12th February 2024 and maintained in accordance thereafter.
Reason: To avoid the risk of harm to protected species in accordance with the Policy ENV4 of the Craven Local Plan and the National Planning Policy Framework.
9. The crossing of the highway verge and/or footway must be constructed in accordance with the approved details already in place with the current vehicle crossing licence. All works must accord with the approved details.
Reason: To ensure a satisfactory means of access to the site from the public highway in the interests of highway safety and the convenience of all highway users.
10. Unless alternative details have first been submitted to and approved in writing by the Local Planning Authority, the development hereby approved shall be carried out in full accordance with the drawing no. 8868-MJM-XX-XX-DR-C-5201 (Proposed Drainage Layout, received 18th February 2025.
Reason: To ensure that the development is not at risk of flooding and does not increase flood risk elsewhere, and that adequate measures are put in place for the disposal of foul and surface water in accordance with the requirements of Craven Local Plan Policy ENV6 and the National Planning Policy Framework.
Before the Development is Occupied
11. Prior to the first use, a noise management plan based on noise mitigation measures and recommendations contained within the noise impact assessment report by NoiseAir, shall be submitted to and approved in writing by the Local Planning Authority. These measures shall be implemented and maintained for the duration of the approved use.
Reason: To safeguard the living conditions of nearby residents particularly with regard to the effects of noise in accordance with the requirements of Craven Local Plan Policy ENV3 and the National Planning Policy Framework.
12. Prior to the first use, a validation test of the noise management plan shall have been carried out and the results submitted to and approved in writing by the local planning authority.
Such validation test shall be carried out by a competent person in accordance with an approved method statement and demonstrate that the above noise levels have been achieved. If these levels cannot be achieved, further remediation would be required to be put in place until such a result is obtained.
13. Prior to the first use of the development hereby permitted, an events management plan shall be submitted to and approved in writing by the Local Planning Authority. An event management coordinator shall be identified and assigned in this manner and shall manage, monitor, and review the plan. The plan shall include details of the following:
· A process for recording and managing complaints relating to noise and disturbance.
· The management of visitors leaving the premises and clean-up operations.
Thereafter, the wedding/event venue shall be operated in accordance with the approved management plan for the life of the development.
Reason: To safeguard the living conditions of nearby residents particularly with regard to the effects of noise in accordance with the requirements of Craven Local Plan Policy ENV3 and the National Planning Policy Framework.
14. Prior to the first use of the development, the development shall be carried out in accordance with plan within the documents named: ‘Biodiversity Net Gain – Location of Habitats’ (received 4th March 2025) and the ‘Swift Box Locations’ (received 5th March 2025), showing the locations of where features will be included within the development to enhance the biodiversity value. For the avoidance of doubt:
· Feature A – 2no. crevice Ecostyrocrete bat boxes. One existing box located on a telegraph pole 8m high. One located on the south facing wall of the agricultural building.
· Feature B – One existing Barn Owl Box – located on a new pole, 8m in height and facing South.
· Feature C – One proposed Barn Owl Nest located within the new agricultural building construction.
· Feature D – One amphibian and reptile hibernaculum. Fenced off to minimise disturbance and as per the design referenced at 5.4 of the Ecological Impact Assessment.
· Feature E – 5no. swift bricks installed the Southwest gable end of the new building at the location no less than 4 metres above ground.
· Feature F – Small area of exposed sandstone at the top of the most westerly field. Drilled to provide bee cavities.
Reason: To enhance and protect biodiversity value with the requirements of the Craven Local Plan Policy ENV4 and the National Planning Policy Framework.
15. No part of the development must be brought into use until the access, parking, manoeuvring and turning areas for all users at Warley Wise Farm, Cowling, North Yorkshire, BD22 0LL have been constructed in accordance with the details approved in writing by the Local Planning Authority. Once created these areas must be maintained clear of any obstruction and retained for their intended purpose at all times.
Reason: To provide for appropriate on-site vehicle facilities in the interests of highway safety and the general amenity of the development in accordance with the requirements of Craven Local Plan Policies INF4, INF7 and the National Planning Policy Framework.
16. Prior to the use of the wedding/events venue hereby approved, the proposed energy efficiency measures and renewable energy technologies as shown on the approved plans shall be installed and be fully functional.
The development shall not be brought into use until it has been constructed in accordance with details approved. The approved energy measures shall be retained and maintained thereafter in a fully operational condition.
Reason: To ensure that the development is designed and constructed to contribute to the reduction of carbon emissions, in line with Policy ENV3 of the Craven Local Plan and the National Planning Policy Framework.
17. Unless alternative details have first been submitted to and approved in writing by the Local Planning Authority, the hard and soft landscaping scheme for the site shown on drawing no. MR24-002/101 (Soft Landscape Layout, received 23rd January 2025) shall be carried out during the first planting season after the development is substantially completed and the areas which are landscaped shall be maintained as landscaped areas thereafter in accordance with the details shown on the approved plan.
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 enhance the character of the countryside and to provide biodiversity enhancements in accordance with the requirements of Craven Local Plan Policy ENV4 and the National Planning Policy Framework.
18. Prior to first use of the wedding/events venue hereby approved, full details of any external lighting shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the lighting’s:
(iii) position and height on the building(s) and/or site;
(iii) spillage, luminance and angle of installation; and
(iii) any hoods to be fixed to the
lights.
The proposed lighting shall be sited in the locations as marked on drawing no. 411.07.002 (received 19th May 2025). Any external lighting shall only be installed in accordance with the duly approved scheme.
Reason: To ensure that any external lighting to be installed at the site does not cause a nuisance to surrounding occupiers or detract from visual amenity in the surrounding area as a result of light pollution in accordance with the requirements of Craven Local Plan Policies ENV1, ENV3 and the National Planning Policy Framework.
Ongoing Conditions
19. There shall be no amplified or percussive music of any form (including discos) played between the hours 2300hrs - 0700hrs, Monday to Sunday (11pm – 7am).
Reason: To safeguard the living conditions of nearby residents particularly with regard to the effects of noise in accordance with the requirements of Craven Local Plan Policy ENV3 and the National Planning Policy Framework.
20. No entertainment, including live and amplified music shall take place outside the building subject to this approval.
Reason: To safeguard the living conditions of nearby residents particularly with regard to the effects of noise in accordance with the requirements of Craven Local Plan Policy ENV3 and the National Planning Policy Framework.
21. No fireworks shall be used on the site during events subject to this approval.
Reason: To safeguard the living conditions of nearby residents particularly with regard to the effects of noise in accordance with the requirements of Craven Local Plan Policy ENV3 and the National Planning Policy Framework.
22. No food and drink vending shall take place outside the building subject to this approval.
Reason: To safeguard the living conditions of nearby residents particularly with regard to the effects of noise in accordance with the requirements of Craven Local Plan Policy ENV3 and the National Planning Policy Framework.
23. The use of the neighbouring properties must only be used as ancillary accommodation when in conjunction with an event. They may not be rented or occupied separately when the wedding/event space is in use.
Reason: To safeguard the effects of noise from the venue on any occupiers of the neighbouring properties in accordance with the requirements of Craven Local Plan Policy ENV3 and the National Planning Policy Framework.
Informative(s)
1. Adherence to approved plans/conditions
Failure to adhere to the details of the approved plans or to comply with the conditions contravenes the Town and Country Planning Act 1990 and enforcement action may be taken.
2. Bats
The applicant is reminded that under the Habitat Regulations it is an offence to disturb, harm or kill bats. If a bat is found during the development all work should cease immediately and a suitably licensed bat worker employed to assess how best to safeguard the bat(s). Any works involving the destruction of a bat roost will require a European Protected Species Licence from Natural England.
3. The applicant is reminded that, under the Wildlife and Countryside Act 1981 as amended it is an offence to remove, damage or destroy the nest of a wild bird, while the nest is in use or being built. Planning consent does not provide a defence against prosecution under this act. If a bird's nest is suspected work should cease immediately and a suitably experienced ecologist employed to assess how best to safeguard the nest(s).
4. Charging Points
The applicant/developer is advised that in the interests of promoting sustainable travel opportunities electric vehicle charging points should be provided.
5. Hours of Construction
The hours of operation during the construction phase of development and delivery of construction materials or equipment to the site and associated with the construction of the development hereby permitted should be limited to 0730 hours to 1800 hours on Monday to Fridays and 0730 hours to 1300 hours on Saturday. No work should take place on Sundays or Bank/Public Holidays.
6. Private Water Supply
If a private supply is to be used by more than one property or has a commercial function, The Private Water Supply (England) Regulations 2016 will apply. A risk assessment and sampling regime will be necessary. The supply must not be used until the Local Authority (North Yorkshire Council) is satisfied that the supply does not constitute a potential danger to human health, including single domestic use. Please contact Environmental Health at North Yorkshire Council on completion of proposal.
7. IMPORTANT - The following provisions will affect your development}:
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition "(the biodiversity gain condition") that development may not begin unless:
(a) a Biodiversity Gain Plan has been submitted to the planning authority, and
(b) the planning authority has approved the plan.
The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission would be North Yorkshire Council.
There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply.
Based on the information available this permission is considered to be one which will require the approval of a biodiversity gain plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply.
8. Public Right of Way
i) There is a Public Right of Way or a 'claimed' Public Right of Way within or adjoining the application site boundary.
ii) If the proposed development will physically affect the Public Right of Way permanently in any way an application to the Local Planning Authority for a Public Path Order/Diversion Order will need to be made under S.257 of the Town and Country Planning Act 1990 as soon as possible. Please contact the Local Planning Authority for a Public Path Order application form.
iii) If the proposed development will physically affect a Public Right of Way temporarily during the period of development works only, an application to the Highway Authority (North Yorkshire Council) for a Temporary Closure Order is required. Please contact the Council or visit their website for an application form.
iv) the existing Public Right(s) of Way on the site must be protected and kept clear of any obstruction until such time as an alternative route has been provided by either a temporary or permanent Order.
v) It is an offence to obstruct a Public Right of Way and enforcement action can be taken by the Highway Authority to remove any obstruction.
vi) If there is a "claimed" Public Right of Way within or adjoining the application site boundary, the route is the subject of a formal application and should be regarded in the same way as a Public Right of Way until such time as the application is resolved.
vii) Where public access is to be retained during the development period, it shall be kept free from obstruction and all persons working on the development site must be made aware that a Public Right of Way exists and must have regard for the safety of Public Rights of Way users at all times.
Applicants should contact the Council's Countryside Access Service at County Hall, Northallerton via CATO@northyorks.gov.uk to obtain up-to-date information regarding the exact route of the way and to discuss any initial proposals for altering the route.
9. Notwithstanding any valid planning permission for works to amend the existing highway, you are advised that a separate licence will be required from North Yorkshire Council as the Local Highway Authority in order to allow any works in the existing public highway to be carried out. The information is available on the Council's web site: https://www.northyorks.gov.uk/roads-parking-and-travel/roads-and-pavements/pavements-and-kerbs.The Local Highway Authority will also be pleased to provide the detailed constructional specifications referred to in this informative.
10. The proposals should cater for all types of vehicles that will use the site. The parking standards are set out in North Yorkshire Council's 'Interim guidance on transport issues, including parking standards' and subsequent amendments available at https://www.northyorks.gov.uk/sites/default/files/2023-09/Interim%20guidance%20on%20transport%20issues%20including%20parking%20standards%20-%20accessible.pdf
11. STATEMENT OF COMPLIANCE WITH ARTICLE 35 OF THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2015
In dealing with this planning application North Yorkshire Council as the Local Planning Authority has adopted a positive and proactive manner. The Council offers a pre-application service for planning proposals and applicants are encouraged to undertake this. Proposals are assessed against the National Planning Policy Framework, the documents that form the Development Plan, and Supplementary Planning Documents, which have been subject to proactive publicity and consultation prior to their adoption, and are referred to in this notice of decision. Where appropriate, changes to the proposal were sought when the statutory determination timescale allowed through seeking solutions to problems arising by liaising with consultees, considering other representations received and liaising with the applicant/agent as necessary.
Target Determination Date: 15th April 2025.
Extension of Time Date: 8th August 2025.
Case Officer: Mr Owen Holmes
Email: Owen.Holmes@northyorks.gov.uk