North Yorkshire Council

Community Development Services

Skipton and Ripon Area Planning Committee

03 Feburary 2026

ZA25/27387/PPP - Permission in Principle for the development of up to nine dwellings. AT Land Off Old Lane, Cowling, BD22 0NW,  ON BEHALF OF The Bailey Family

Report of the Head of Development Management  – Community Development Services

 

 

 

1.0 Purpose of the report

 

1.1     To determine a planning in principle application for residential development. The scope of permission in principle is limited to location, land use and amount of development. Issues relevant to these ‘in principle’ matters should be considered at the permission in principle stage. Other matters should be considered at the technical details consent stage.

 

1.2     The proposal is for up to a maximum of 9 dwellings and the application is simply defined by the red outline of the application site.  No additional details need to be submitted.  The application simply seeks to establish the principle of residential development included in the description.

 

1.3     This application is brought to the Planning Committee, following request from Ward Member, due to the site bordering countryside on two of the four sides and on a quiet road heading out onto high moorlands. The Ward Member notes that it is not immediately obvious how the site complies with the relevant local plan policies.

 

 

2.0      EXECUTIVE SUMMARY

 

RECOMMENDATION: That planning permission be GRANTED

 

2.1     The proposal site comprises of an existing agricultural field.  The site is located adjacent to Acre Meadow with the far northeast corner abutting properties on Acre Road. A drystone wall runs lies along the eastern boundary and a picket fence runs along the western boundary.  Also running along the eastern boundary is a public footpath (05.14/36/1) that connects Old Lane with Acre Road. The site has no distinctive features and falls towards the drystone wall that fronts onto Old Lane.  The site lies within the designated conservation area of Cowling.

 

2.2      The proposal seeks to establish the principle of development on this site for up to nine dwellings and is simply defined by the red outline of the application site. 

 

2.3      Within the former Craven area of North Yorkshire the Council can only demonstrate 2.2 years of housing supply when measured against the five-year supply requirements.  The proposal would therefore contribute towards housing supply for the district.

 

2.4      The site has also been put forward in the call for site ref SR-COW-0006 for consideration.

 

2.5      The indicative site plan shows that vehicular access will be taken primarily from Old Lane.

 

2.6      In terms of the three criteria that PIP is subject to, the location is considered acceptable as it lies adjacent to existing building form and the residential nature of the wider location.  The land use is also commensurate with this wider land use and would not create a fundamental issue in this location.

 

2.7      The level of development is the main consideration.  Ground coverage will be required to supply dwellings and associated elements such as drives, car parking, gardens/amenity spaces and whilst the exact form of the final development is not known at this stage it is considered that it is not inconceivable that a residential development could be designed for this site without harming the local character or the conservation area.

 

2.8      Officers are satisfied that matters of around drainage, ecology, appearance, scale, landscaping, suds can be resolved at the Technical Details submission.

 

2.9      Overall, it is considered, that on balance, the proposal is compliant with the overarching policies of the Local Plan and the NPPF.  The proposal represents sustainable development which can be supported. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N

© Crown Copyright and Database Rights (2024) Ordnance Survey AC0000825864

 

 


 

3.0      Preliminary Matters

 

3.1      Access to the case file on Public Access can be found here ZA25/27387/PPP | Permission in Principle for the development of up to nine dwellings. | Land Off Old Lane Cowling BD22 0NW

 

4.0      Site and Surroundings

 

4.1      The application site is accessed off Old Lane, Cowling. To the north of the site is Acre Meadow a housing development comprising of large detached/semi-detached and terrace dwellings.  The far northeast corner also abuts Acre Road development and thus the application site is considered to lie adjacent to the Main Built Up Area of Cowling.  The site also lies within the designated conservation area of Cowling with open agricultural fields to the east and west of the site.

 

5.0      Description of Proposal

 

5.1      The application seeks Planning Permission in Principle for up to nine dwellings. The application simply seeks to establish the principle of residential development included in the description.

 

6.0      Planning History

 

6.1       2022/24396/PPP - This application seeks permission in principle for the development of the site for 7 residential (C3) use dwellings, with associated parking and landscaping. Refused 19.10.2022

 

 

7.0      Planning Policy and Guidance

 

7.1      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

 

7.2      The Adopted Development Plan for this site is

 

          -  The Craven Local Plan 2012 – 2032 Adopted 12th November 2019.

 

            Emerging Development Plan - Material Consideration

 

7.3      The North Yorkshire Local Plan is the emerging development plan for this site though no weight can be applied in respect of this document at the current time as it is at an early stage of preparation.

 

 

 

Guidance - Material Consideration

 

7.4         Relevant guidance for this application is:

 

-  National Planning Policy Framework 2025*

-  National Planning Practice Guidance

-  Cowling Conservation Area Appraisal

-  Housing and Employment Development Needs Assessment (HEDNA)

 

*A consultation exercise by Central Government is currently underway on a new draft of the NPPF. Whilst draft proposed changes to national policy can be treated as a material consideration, officers are of the view that given that this is only subject to consultation and represents [no change / a shift] from current policy, no more than negligible weight should be given to the suggested change/ changes.

 

 

8.0      Consultation Responses

 

8.1      The following consultation responses have been received and have been summarised below

 

Consultees

 

8.2      Cowling Parish Council – No comments received at the time of compiling this report.

 

8.3      NYC Highway Authority – Comprehensive comments have been received which are detailed at paragraph 10.30 of the officer report.

 

8.4      NYC Environmental Health –– Expects that any unexpected contamination be reported and that a Construction Environment Management Plan be submitted to protect the amenity of nearby residents.

 

8.5      NYC PROW Officer - If the adjoining public right of way will be permanently affected then a diversion order shall be made under S257 of the Town and Country Planning Act 1990.

 

8.6       Ward Member - Keeping an open mind until all evidence has been seen.  Since this is an outline application there needs to be a clear explanation of how this matches up to the Local Plan policies about development in open countryside. This site seems to be bordering countryside on three of the four sides and on a quiet road heading out onto high moorlands. It is not immediately obvious how the site complies with the relevant local plan policies.

 

Local Representations

           

8.7      Objections to the proposed development have been received and are summarised as follows.

Material planning considerations

 

Highway concerns

 

Highway Safety and poor access.

 

Impact on area

 

Harmful impact to the character and appearance of the Conservation Area

 

Impact on services

 

Impact upon community facilities including education and healthcare

 

Flooding

 

Development will lead to flooding and more surface water run off

Contrary to policies contained within the emerging North Yorkshire Local Plan

 

Other considerations

 

Previous refusal is still relevant and valid.

 

Non-Material considerations

 

Larger homes are not affordable

 

Lack of exceptional circumstances for development in Green Belt

 

Indicative road layout suggests further development

 

9.0      Environment Impact Assessment (EIA)

 

9.1      The development proposed does not fall within Schedule 1 of the Environmental Impact Assessment Regulations 2017 (as amended), but it falls within Schedule 2 Category 10(b) Urban Development Projects. However, it does not exceed applicable thresholds (ii) or (iii) because the proposal is for less than 150 dwellings and the site is less than 5 hectares, respectively. Therefore, no screening or Environmental Statement is required.

 

10.0    Main Issues

 

10.1    The key considerations in the assessment of this application are:

 

The scope of Planning Permission in Principle is limited to location, land use and amount of development. Issues relevant to these ‘in principle’ matters should be considered at the permission in principle stage. Other matters should be considered at technical details consent stage.

 

Other matters including representations made.

 

11.0    ASSESSMENT

 

Permission in Principle Route

 

11.1      The permission in principle route is an alternative way of obtaining planning permission for housing-led development which separates the consideration of matters of principle for proposed development from the technical detail of the development. This route has 2 stages: the first stage (or permission in principle stage) establishes whether a site is suitable in principle and the second ('technical details consent') stage is when the detailed development proposals are assessed.

 

11.2      The Planning Practice Guidance (paragraph: 011 Reference ID: 58-011-0180615) confirms that a decision on whether to grant permission in principle to a site must be made in accordance with relevant policies in the development plan unless there are material considerations, such as those in the National Planning Policy Framework (NPPF) and national guidance, which indicate otherwise.

 

11.3       The   Town & Country Planning (Permission in Principle) Order 2017 defines `housing development’ as development for the provision of dwellings. Development excluded from the PiP process includes:

 

• major development (10 dwellings or more).

• habitat development.

• Environmental Impact Assessment development.

• householder development.

• development consisting of the mining and working of minerals.

 

11.4      The basis of the application is for a minor housing development of up to nine individual dwellings with parking, garages and amenity space, which is suitable for a planning permission in principle application.

 

11.5      The relevant provisions of the Planning Practice Guidance (PPG) for the consideration and determination of PIP's are as follows:

 

• PPG paragraph 011 confirms that a decision on whether to grant permission in principle to a site must be made in accordance with relevant policies in the development plan unless there are material considerations, such as those in the National Planning Policy Framework (NPPF) and national guidance, which indicate otherwise.

 

• PPG paragraph 012 explains that the scope of permission in principle is limited to location, land use and amount of development. Issues relevant to these 'in principle' matters should be considered at the permission in principle stage. Other matters should be considered at the technical details consent stage.

 

• PPG paragraph 42 states that LPAs should draw on relevant existing information sources and tools to support decisions on whether a grant of permission in principle is appropriate and that these may include local sources of evidence e.g., the development plan evidence base, historic environment records or landscape character assessments and external information sources and tools e.g., advice published by statutory consultees.

 

5 Year Housing Supply

 

11.6      The extant Craven District Local Plan is now more than 5 years old. In accordance with the National Planning Policy Framework (December 2025), the annual housing requirement for this area is 394 homes, as derived from the Standard Method. Including the relevant 5% buffer, the 5-year supply requirement for this area is 2068. Based on the most recent data (from the 2024/25 monitoring period), there is a demonstrable deliverable supply of 927 homes over a five-year period. This translates to 2.2 years of housing supply when measured again the five-year supply requirement. Therefore, paragraph 11(d) of the National Planning Policy Framework (i.e. the “presumption in favour of sustainable development”) is engaged for applications involving the provision of housing.

 

11.7      Paragraph 11(c) states for decision making this means approving development proposals that accord with an up-to-date development plan without delay.

 

11.8      The lack of a demonstrable five-year land supply, however, means that the titled balance in NPPF paragraph 11(d) is engaged for this application.

 

11.9       The NPPF sets out in the first limb of paragraph 11(d) that applications should be refused if:

 

(I) the application of policies in this Framework that protect areas or assets of

particular importance provides a strong reason for refusing the development proposed.

 

11.10    The site lies within the Cowling Conservation Area, which engages heritage policies in the NPPF (Section 16) and Local Plan Policies ENV2 and ENV3. However, at Permission in Principle stage, the decision is limited to location, land use and amount and therefore detailed design and heritage mitigation will be addressed at Technical Details Consent Stage, supported by a full Heritage Statement. In principle, the site adjoins the Main Built-Up Area of Cowling and is visually and physically connected to existing development, including Acre Meadow. It does not contain listed buildings or key views identified in the Conservation Area Appraisal, and the proposed scale—up to nine dwellings—is modest and proportionate to the settlement hierarchy. On this basis, there is no evidence that the principle of development would result in unavoidable harm to the Conservation Area’s significance. Any potential impacts will be mitigated through high-quality design, use of locally appropriate materials, and landscaping measures at the next stage. Accordingly, heritage policies do not provide a clear reason for refusal at this stage, and the presumption in favour of sustainable development remains engaged for the purposes of this Planning in Principle application. It is therefore necessary to move to the second limb of paragraph 11 (d) of the NPPF.

 

11.11    Paragraph 11(d)(ii) requires that planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole. This exercise is set out within the 'Planning Balance and Conclusion' section of this report. Paragraph 11(d)(ii) of the NPPF, the tilted balance, is therefore engaged.

 

11.12    The adopted Craven Local Plan identifies Cowling as a Tier 4a settlement with an indicative requirement of 37 additional homes over the plan period based on a district wide annual housing target of 230 dwellings. However, this figure is derived from evidence that is now out of date for the purposes of the National Planning Policy Framework. The most recent assessment of housing need indicates that the plan area should be providing approximately 394 dwellings per annum, significantly higher than the Local Plan’s original projection. This discrepancy highlights that the current Local Plan housing figures no longer reflect up-to-date requirements and cannot be relied upon as a robust basis for decision making under the National Planning Policy Framework.

 

Location and Land Use

 

11.13    As highlighted previously, Permission in Principle is an alternative route to planning consent that establishes whether a site is suitable in principle for residential development and only the location and land use is assessed. Matters relating to layout, design and other technical details are reserved for the Technical Details Consent Stage.

 

11.14    Paragraph 38 (6) of the Planning and Compulsory Purchase Act 2004 indicates that development proposals should be determined in accordance with the development plan unless material considerations indicate otherwise. The NPPF advocates a presumption in favour of sustainable development, and the development of land in accordance with the policies of the development plan.

 

11.15    While the Craven Local Plan no longer defines development limits, Policy SP4 distinguishes between sites that are genuinely isolated and those that adjoin the Main Built-Up Area. This distinction is critical in determining whether development is consistent with the spatial strategy.

 

11.16    Cowling is identified as a Tier 4a settlement in the Local Plan, expected to accommodate modest growth proportionate to its size and role in the settlement hierarchy. Tier 4a villages provide a limited range of services and facilities and are considered suitable for small-scale development that supports local needs and sustainability objectives.

 

11.17    Under Policy SP4(I), non-allocated sites adjoining the Main Built-Up Area of Tier 1–4 settlements may be released for housing where they do not undermine the spatial strategy and where planned growth is unlikely to be delivered in full. This site directly abuts the Acre Meadow estate and is visually and physically connected to the village, being only one field removed from Pinnacle View and Laycock Fields. It therefore reads as part of the settlement rather than open countryside. On this basis, the proposal is assessed against SP4(I) for development adjoining the Main Built-Up Area, rather than as isolated countryside development.

 

11.18    Cowling was originally expected to deliver around 37 new homes over the plan period, completions and permissions to date fall short of this figure.  The proposed nine dwellings would help address this shortfall without undermining the spatial strategy for the settlement, thereby supporting the Local Plan’s objectives for sustainable growth.

 

11.19    The village benefits from a primary school, local shops and several bus services connecting it to nearby towns such as Skipton, Keighley and Burnley as well as local school services and local village routes. This connectivity supports sustainable travel choices and aligns with NPPF paragraph 115 and 116 objectives.

 

11.20    The site adjoins the Main Built-Up Area and reads as part of the settlement rather than open countryside. While within the setting of the Cowling Conservation Area, there is no evidence that the principle of up to nine dwellings would cause unavoidable harm under Policies ENV1 and ENV2. Detailed design and heritage mitigation will be addressed at the Technical Details stage.  

 

11.21     Access to the site would be taken from Old Lane, which currently serves other residential properties to the southeast and west. There are no pavements or street lighting along the 34m stretch from the proposed access point to Pinnacle View. While this is typical of rural lanes and does not automatically render the site unsuitable, the implications for pedestrian safety and sustainable travel have been considered. The lane is lightly trafficked, reducing risk, and the proximity to existing residential development means that future occupants would not be isolated. The Highway Authority has confirmed that, should Permission in Principle be granted, detailed proposals for internal footpaths, lighting, and any necessary improvements to pedestrian connectivity will be required at the Technical Details stage. This ensures that safe and sustainable access can be achieved without undermining the principle of development

 

11.22    Therefore, the site’s location and proposed land use are considered appropriate in principle. The development meets the requirements of Policy SP4(I) by being physically and visually connected to the Main Built-Up Area of a Tier 4a settlement, supporting modest growth without undermining the spatial strategy. The proposal also aligns with Policy SD1 and the NPPF’s presumption in favour of sustainable development, contributing positively to housing supply in a sustainable location with access to local services and transport. Accordingly, the principle of residential development on this site is consistent with the Local Plan’s spatial hierarchy and national policy objectives.

 

Amount of Development

 

11.23   The proposal seeks Permission in Principle for up to nine dwellings.  At this stage, the assessment is limited to whether this figure is appropriate in principle, having regard to the site’s size, context and relevant policy.

 

11.24    Policy SP3 of the Craven Local Plan promotes efficient use of land and sets an indicative density of approximately 32 dwellings per hectare. Based on the site area, this would equate to around 9–10 dwellings. The proposed amount of up to nine dwellings therefore falls within the expected range and is proportionate to the site’s size and role within the settlement hierarchy.

 

11.25    The scale of development also reflects the surrounding pattern of development, including Acre Meadow, and avoids over-intensification. This ensures compatibility with local character and supports the Local Plan’s objective to deliver a balanced mix of housing while making effective use of land.

 

11.26   Recent evidence from the Housing and Economic Development Needs Assessment (HEDNA) and the latest Authority Monitoring Report confirms a continuing need for smaller family homes in Craven, particularly 2- and 3-bedroom properties. While the precise mix will be determined at the Technical Details stage, the principle of accommodating up to nine dwellings on this site is consistent with SP3 and responds to identified housing needs.

 

11.27   The proposed figure also aligns with the NPPF’s objectives for delivering a sufficient supply of homes (paragraph 60) and making effective use of land (paragraph 124). When assessed against NPPF paragraph 11(d)(ii), the provision of nine dwellings represents a modest but meaningful contribution to housing supply in a sustainable location.

 

11.28   Accordingly, the amount of development proposed is considered appropriate in principle, consistent with Policies SP3, SP4, and SD1 of the Craven Local Plan and the overarching objectives of the NPPF.

 

Highways

 

11.29    Policy INF7 (Sustainable Transport and Highways) requires development to avoid severe residual cumulative impacts on the highway network and to ensure safe and sustainable access. Policy INF4 (Parking Provision) seeks to minimise congestion and provide safe, secure, and convenient parking for vehicles and cycles.

 

11.30    NYC Local Highway Authority have not raised any objection to the proposal on highway safety grounds.

 

11.31    The Local Highway Authority has also provided advisory comments to inform any future Technical Details stage. These do not affect the principle of development but highlight matters that will require detailed consideration if Permission in Principle is granted.  Recommendations include: -

 

Vehicular Access

 

·           Plan AM_02-A shows visibility splays which will be checked at technical review stage.

 

Design

 

·           Visitor parking should be provided. Garages should be a minimum internal dimension of 3m x 6m to be classed as parking. Swept path analysis is required for a fire tender and refuse vehicle (Phoenix 2 Duo Recycler P2-15W with Elite 6x4 chassis) – 11.2m in length to ensure that they can turn at the turning head.

 

·           Parking Provision including cycle parking and any additional parking space that abuts a hard margin will require widening to allow for appropriate manoeuvrability. Secure cycle storage shall be provided.

 

·           Additional matters such as surface water drainage, engineering drawings in accordance with NYC standards, and compliance with Council specifications for estate roads and private street works will also be addressed at the Technical Details stage.

 

·           In the event Permission in Principle is approved, the applicant will be required to provide all necessary information, including a speed survey, as part of the Technical Details submission.

 

Other Matters

 

11.32    Concerns have been raised by third parties regarding issues such as highway safety, surface water runoff, and impacts on community facilities. While these are important considerations, the Permission in Principle process is limited to location, land use, and amount of development. Detailed matters relating to layout, drainage, design, and infrastructure will be assessed at the Technical Details Consent stage, supported by appropriate reports and plans.

 

11.33    Flood risk has been considered in principle. The site lies within Flood Zone 1, which is the area of lowest risk. Although a small area adjoining Acre Meadow is identified as being at risk of surface water flooding, this will be addressed through detailed design and drainage strategies at the next stage. There is no evidence to suggest that these matters present an insurmountable constraint.

 

11.34    Several objectors have suggested that the site lies within the Green Belt. However, the Craven Local Plan does not designate any Green Belt land within the former Craven area. As a result, the provisions of Paragraph 147 of the National Planning Policy Framework, which relate to Green Belt development, do not apply in this case. The site is identified as open countryside adjoining the Main Built-Up Area of Cowling. Accordingly, the proposal has been assessed against Policy SP4 of the Craven Local Plan, which sets out the approach for development adjoining settlements, rather than policies relating to isolated countryside or Green Belt land.

 

11.35   Concerns regarding the impacts on education and healthcare have been noted.  At the PIP stage, the scope of assessment is limited to location, land use, and amount of development.  Detailed infrastructure requirements including school capacity and healthcare provision, will be addressed at the Technical Details stage in consultation with relevant providers.  Where necessary, mitigation would be secured through planning obligations in accordance with LP INF1 and national guidance.

 

11.36    Regarding comments that the previous refusal remains valid.  The previous refusal was based on two key reasons: firstly, the Council was able to demonstrate a five-year housing land supply at that time, and secondly, concerns regarding the proposed density of development. The current position is materially different. The Council is now unable to demonstrate a five-year housing land supply, and therefore, in line with the National Planning Policy Framework (NPPF) and paragraph 11, the presumption in favour of sustainable development applies. Furthermore, the revised proposal now accords with Policy SP3 in respect of density, addressing the earlier concerns. As a result, both previous reasons for refusal fall away and should not weigh against the current application.

 

11.37    Other matters such as affordable housing, detailed highway design, and ecological mitigation will also be addressed at the Technical Details stage in accordance with relevant Local Plan policies and national guidance.

 

12.0 PLANNING BALANCE AND CONCLUSION

 

12.1    Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that applications for planning permission must be determined in accordance with the Development Plan unless materials considerations indicate otherwise. For Permission in Principle applications, the scope of assessment is limited to location, land use, and amount of development.

 

12.2       The site adjoins the Main Built-Up Area of Cowling, a Tier 4a settlement identified in the Craven Local Plan as suitable for modest growth proportionate to its size and role in the settlement hierarchy. The proposal meets the requirements of Policy SP4 by supporting planned growth without undermining the spatial strategy. The amount of development—up to nine dwellings—is proportionate to the site and consistent with Policy SP3 on density and efficient use of land.

 

12.3      Although the site is within the setting of the Cowling Conservation Area, there is no evidence that development would cause harm that cannot reasonably be mitigated under Policies ENV1 and ENV2. Detailed design and any necessary mitigation will be considered at the Technical Details stage.

 

12.4.    The Council’s latest monitoring confirms a housing land supply of 2.2 years, significantly below the five-year requirement. In accordance with NPPF paragraph 11(d)(ii), this shortfall engages the presumption in favour of sustainable development. The proposal contributes positively to housing supply in a sustainable location with access to local services and public transport, without resulting in significant adverse impacts that would outweigh the benefits when assessed against the NPPF as a whole.

 

12.5      On balance, the site is considered suitable in principle for residential development. The proposal accords with Policies SP3, SP4, and SD1 of the Craven Local Plan and the objectives of the National Planning Policy Framework. Accordingly, Permission in Principle is recommended for approval, subject to detailed matters being addressed at the Technical Details Consent stage.

 

12.0 RECOMMENDATION

 

12.1 That Planning Permission in Principle be granted.

 

Informative

 

Town and Country Planning (Development Management Procedure) (England) Order 2015

 

This decision notice only relates to the grant of planning permission in principle. It does not give any approval or consent which may be needed under any legislation, enactment, byelaws, order or regulation other than the Housing and Planning Act 2016. You may need other approvals, consents or licenses for the development e.g. Technical Details Consent or building regulations approval.

 

This permission is granted in strict accordance with the approved plans. It should be noted however that:

 

(a) A variation from the approved plans following commencement of the development is likely to constitute unauthorised development and may be liable to enforcement action.

(b) Variation to the approved plans will require the submission of a new planning

application

 

Target Determination Date: 21 November 2025

 

Case Officer: Natasha Jovanovic

                       natasha.jovanovic@northyorks.gov.uk