North Yorkshire Council

 

Community Development Services 

 

Richmond Area (Yorks) Area Planning Committee

 

10th July 2026

 

ZD25/00100/FULL - Full planning permission for change of use of land to holiday accommodation and erection of two holiday cabins with saunas and associated infrastructure

 

At: Ironstone Moulton Richmond DL10 6QE

 

Applicant: Mrs Zoe Ellis

 

Report of the Head of Development Management– Community Development

Services  

 

1.0 

PURPOSE OF THE REPORT

1.1.

To determine a planning application for full planning permission for change of use of land to holiday and erection two holiday cabins with saunas and associated infrastructure at Ironstone Moulton Richmond DL10 6QE.

 

1.2.

This application is brought to the Planning Committee having been requested to be referred to committee by the ward member and their being significant material planning considerations.

 

 

 

 

 

2.0       SUMMARY

 

2.1       Recommend that Full Planning Permission be GRANTED subject to the conditions at the end of the report.

 

2.2       The proposed site comprises a single block of pastureland defined by fenced boundaries with substantial blocks of tree planting and shrub growth. The area sits at a slightly elevated

position with a steep drop to the north and a former quarry, now hosting 20th-century housing, to the south of the site along the line of Scurragh House Lane. The site sits at the western extent of the village of Moulton, covering a total area of approximately 0.95 ha.

 

2.3       The site lies within a part of a Scheduled Monument, the Moulton Neolithic henge, medieval settlement, field system and moated site. It is located near to but outside of the Moulton Conservation Area.

 

2.4       The proposal as amended seeks planning permission for the change of use of land from agriculture to holiday use with the siting of two huts/cabins to be used for tourist accommodation. The existing entrance to the site would be utilised and a small area for the parking and turning of two cars would be provided adjacent to this within the site.

 

2.5       The proposal complies with the relevant policies of the Local Plan and the corresponding sections of the NPPF. Therefore, the principle of development is considered acceptable.

 

2.6       All technical matters are found to be acceptable subject to conditions.

 

            Figure 1: Location Plan

 

 A map of a land  AI-generated content may be incorrect.

 

 

 

3.0       PRELIMINARY MATTERS

 

3.1.      Access to the case file on Public Access can be found here:-  https://documents.richmondshire.gov.uk/planning/planning-documents?SDescription=ZD25/00100/FULL&viewdocs=true

Historical Context 

 

3.2         The site is pastureland with mature woodland to the north. The application includes a Heritage Impact Assessment which mentions that there was once a quarry to the south of the site which has made way for modern housing.

 

3.3         The planning history of the site includes a retrospective application for a temporary concrete raft, used for the storage of temporary site accommodation (20/00419/FULL - approved) relating to the construction of a dwelling (17/00594/FULL (Ironstone) Approved), both located to the east of the site.

 

3.4         As mentioned above, the site contains parts of a Scheduled Monument of the shrunken medieval village (SMV) of Moulton (1020121). The scheduled monument comprises four separate blocks in and around the modern village and includes extensive settlement evidence (toft and croft), surrounding ridge and furrow field systems, a moated site (possible manor house or similar), a possible mill and the remains of a Neolithic henge monument.

 

 

 

4.0       SITE AND SURROUNDINGS

 

4.1.      Ironstone is a dwelling on a large area of residential curtilage located to the west end of the village of Moulton; the house is accessed via a track off Scurragh House Lane. The scheme itself relates to a parcel of land to the west and north of the house. The land has the appearance of rough pasture, sloping gently upwards toward the north of the site with a steep drop to the north and a former quarry, now hosting 20th-century housing, to the south along the line of Scurragh House Lane. A band of trees to the northeast of the site gradually turn into woodland at the northwest of the site.

 

4.2       To the north and west of the site lies open countryside. To the east, more woodland is located. The site lies near to but outside of the Moulton Conservation Area. The site is accessed via a gate at its the southwest corner on Scurragh House Lane. The site lies within a part of a Scheduled Monument, the Moulton Neolithic henge, medieval settlement, field system and moated site. The Scheduled Monument is split over four sites, separated by roads. Specifically, the application site lies in a portion of the Scheduled Monument that contains the remainder of the core of the settlement and remains of the field system. The site is approximately 0.95 ha and is located outside of but immediately adjacent to the Moulton settlement limits.

 

4.3       A Public Right of Way is located north of the site, running north south from Middleton Tyas, it bears left/ to the east and then south into the Moulton.

 

5.0       DESCRIPTION OF PROPOSAL

 

5.1       The proposed development comprises seeks a change of use from agricultural land to holiday accommodation and the installation of two “eco-tourism” cabins along with associated saunas and infrastructure. The only elements of hard landscaping will comprise a parking area just off Scurragh House Lane outside the visible earthwork remains. This parking area would be achieved with the use of cell pads that sit atop the ground, allowing the grass to grow through them. The cabins are of a curved timber design with a low profile and will be seated on a raft of timber sleepers. All remaining infrastructure will be routed above ground, and pathways from the parking area across the site will comprise mown routes with a bark covering. An information sign regarding the Scheduled Monument is proposed to be located at the entrance of the site which will be viewable from the public domain, this will provide educational information for guests as well as the public. The scheme proposes the inclusion of an information board which would be located at the entrance of the site, this would be designed to inform the public and users of the huts about the historic significance of the site.

 

6.0       PLANNING POLICY AND GUIDANCE

 

6.1.      Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that all planning authorities must determine each application under the Planning Acts in accordance with Development Plan so far as material to the application unless material considerations indicate otherwise. 

 

Adopted Development Plan 

6.2.      The Adopted Development Plan for this site is: 

 

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

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

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

 

 

 

 

Emerging Development Plan – Material Consideration

 

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

 

6.4       Changes to NPPF Consultation

 

            The Government began a consultation exercise on a new draft of the NPPF in December 2025. The consultation exercise has now concluded. 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, no more than negligible weight should be given to the suggested changes in the draft NPPF in relation to this specific application.

 

            Guidance - Material Considerations 

6.4.      Relevant guidance for this application is: 

 

-  National Planning Policy Framework 2024 

-  National Planning Practice Guidance           

-  National Design Guide 2021

 

7.0       CONSULTATION RESPONSES                  

           

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

7.2.      Parish Council:  Object:

            1. Concerns Raised

·  The proposed development would harm Scheduled Monument land that has remained undisturbed for centuries and is valued for its heritage significance.

·  National policy relating to heritage conservation is not met, particularly the need to minimise conflict with the conservation of designated assets and to justify any harm with substantial public benefits.

·  The development is seen as providing no meaningful public or community benefit and is viewed primarily as a commercial venture.

·  Residents are concerned about increases in noise and disturbance, particularly relating to the enforcement of guest behaviour rules such as no children, no dogs, and quiet hours.

·  The parking provision is inadequate and may lead to additional roadside parking at a narrow section of Scurragh House Lane.

·  Important infrastructure details are missing or unclear, including waste disposal, foul sewage arrangements, water supply, drainage, and electricity generation.

·  Construction methods for installing huts, decks, and saunas pose risks of ground disturbance on protected land.

·  Several inconsistencies remain within the submitted documents, including discrepancies about the number of units, drainage methods, hut design, and reliance on outdated assessment documents.

 

 

            2. Additional Comments Submitted After the Original Objection

            Additional Comments (28 April 2025)

·  Concerns were raised about inconsistencies in the ecological appraisal regarding whether the scheme relates to two tents or three cabins.

·  Additional detail was requested regarding the location of solar panels, particularly given increased proposed energy use such as underfloor heating.

·  Waste disposal and sewage arrangements required further clarification.

·  Questions remained over guest management, including restrictions on children, dogs, and noise.

·  Continued concern that the proposal provides no measurable public benefit.

3.Additional Comments (24 October 2025)

·  New concerns were raised that references to “educational” or “cultural” uses could signal a shift towards wider visitor attractions unsuitable for the location.

·  The Parish Meeting noted that comments made by the applicant about “addressing heritage gaps” were viewed as inappropriate and dismissive of existing local custodianship.

·  No further clarity was provided on the location of solar panels, the source of water supply, or how emergency vehicle access issues would be addressed.

·  Additional infrastructure requirements, such as fire safety measures and standalone saunas, were highlighted as increasing potential impacts on heritage land.

4.Additional comments 9th February 2026 29th May 2026

·  The Mouton Parish Meeting has no further observations regarding the above application and request all previous comments be taken into consideration in deciding the application.

7.3.    Division Member(s): request that application is heard at committee for the following reasons-

·  The proposed ‘huts’ will be totally out of keeping with the picturesque village of Moulton.

·  The proposed siting of these is totally unacceptable and there are many unanswered questions including drainage, waste disposal etc.

7.4.      Highway Authority: No objections subject to conditions relating to visibility splays and proposed parking being implemented in accordance with the proposed plans.

7.5.      Environmental Health Scientific team: No objections. Recommend conditions relating to contamination assessments/remediation.

7.6.      Environmental Health Amenity: No objections. This service has considered the potential impact on amenity and likelihood of the development to cause a nuisance and assumed the proposed site is to be no more than two units on site at any one time and provided there is good site management there should be no serious negative impact from the site. An informative is recommended to be included regarding the need to apply for appropriate licencing of the huts. Matters relating to fire appliance access, compensatory measures, and compliance with Approved Document B (Part B5) have been addressed directly by North Yorkshire Fire and Rescue Service. Environmental Health does not seek to duplicate or restate those requirements and defers to the Fire and Rescue Service’s comments

7.7.      Ecology: No objections. Biodiversity net Gain is to be provided on site exceeds the minimum 10% uplift required. Conditions are recommended to secure the recommendations within the Preliminary Ecological Survey and to secure the long-term management of the onsite BNG.

 

 

7.8.      Authority Archaeologist: No objections. Initial comments raised concern as no Heritage Impact Assessment has been provided with the scheme. The applicant has now provided a Heritage Impact Assessment prepared by Moor & Vale. The assessment is informed by an earthwork survey that plots and interprets the visible archaeological remains. The Heritage Impact Assessment has demonstrated that the locations of the proposed holiday lodges have been chosen to avoid the most sensitive and complex areas of earthworks.

 

It also states that there will be no ground disturbance and that the lodges will be set on sleepers, access tracks limited to mown routes and all services to be lain above ground. The proposal should therefore have a minimal impact on the archaeological remains. The report goes on to recommend that to mitigate any physical impacts, the works should be

undertaken under archaeological supervision, with additional measures provided to prevent damage during the construction phase. The archaeologist agrees with the findings and recommends a condition securing archaeological supervision.

 

7.9       Historic England: No objections. Historic England provided advice to your authority on this development proposal on 24th March 2025. Our advice and recommendation then was that we had concerns on heritage grounds owing to the lack of a Heritage Impact Assessment outlining the significance of the site and describing how the works would be undertaken to ensure its significance was not harmed. We have now been provided with additional information consisting of a Heritage Impact Assessment prepared by Moor and Vale, April 2025, and can confirm that this fully addresses our previous concerns. Historic England has no objection to the application on heritage grounds. We consider that the application meets the requirements of the NPPF, in particular paragraph numbers 207, 212, 213 and 215.

 

7.10     North Yorkshire Fire and Rescue Service No Objections/ observations. Initial comments related to Building Regulations and so further comments were sought from a Development Management perspective which yielded no objections/observations to the scheme’s submitted Access Statement.

 

Local Representations

 

7.11     10 representations received including 2 reiterating their original objections still stand when consulted on the scheme as originally proposed – all documents and full details can be viewed using the link at the beginning of this report, one representation was received neither objecting or supporting the application:

OBJECTIONS/COMMENTS:

 

The Scheduled Monument should not be disturbed

Access is not suitable

Concern over how utilities will be implemented

Concern over noise, light and increased traffic

Mention of solar panels is made but no details have been submitted

Concern over residential amenity

Proposal does not comply with local and national policy

 

 

 

8.0       ENVIRONMENT IMPACT ASSESSMENT (EIA)

 

8.1.      The development is within a “Sensitive Area” for the purposes of the Environmental Impact Assessment Regulations 2017 (as amended) due to the site being located on a Scheduled Monument. As such the development has been screened by the Local Planning Authority and it has been found that the development is unlikely to give rise to any significant environmental impacts. As such no Environment Statement is required.

9.0       MAIN ISSUES

 

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

-           Principle of development

-           Design Appearance and Impact on the Countryside

-           Impact on Neighbours

-           Access and Parking Arrangements

-           Heritage

-           Foul Drainage and Surface Water

-   Renewable Energy Provision – Climate Change Mitigation

-           Trees

-           Ecology

-           Occupancy

-           Land Contamination

-           BNG

-           Fire Safety

-           The Public Sector Equality Duty

 

10.0     ASSESSMENT

 

Principle of the Proposed Development:

             

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

 

10.2     Policy CP8 (Achieving Rural Sustainability) supports, amongst other things, expansion of rural businesses and tourism related initiatives. It supports development where, amongst other things, it is necessary to meet the needs of tourism and other enterprises with an essential requirement to locate in the countryside, and where it would support the social and economic regeneration of rural areas. Core Policy CP10 (Developing Tourism) states that tourist-related activities will be encouraged where they make a sustainable contribution to the local economy, do not have a detrimental impact on the local environment and landscape.

 

10.3     SP3, CP8 and CP10 are reflected in paragraph 88 and 89 of the NPPF, which support sustainable growth of all types of business in rural area via well designed buildings, the development and diversification of agricultural and other land-based rural business, sustainable rural tourism which respects the character of the countryside.

 

10.4     Paragraph 89 of the NPPF goes on to state that to meet local business and community needs in rural area sites may have to be found adjacent to or beyond existing settlements, and in locations that are not well served by public transport. In these circumstances it 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 (for example by improving the scope for access on foot, by cycling or by public transport). The use of previously developed land, and sites that are physically well-related to existing settlements, should be encouraged where suitable opportunities exist.  

 

10.5     CP12 (Conserving and Enhancing Environmental and Historic Assets) States that development will be supported where they conserve and enhance the significance of the plan area’s man-made, designated assets. Development will not be supported which: a. has a detrimental impact upon the significance of a man-made asset; b. is inconsistent with the principles of an asset’s proper management.

 

CP4 (3a) Supports site for development that do not impact adversely on the character of designated heritage assets.

 

Core Policy CP11: (Supporting Community, Cultural and Recreation Assets) States that support will be given to proposals that help create, protect, retain or enhance cultural assets. Section 16 of the NPPF reflects these policies that seek conserve and enhance the historic environment.

 

10.6     There is clear support and positive encouragement in local and national policy for small-scale and sustainable tourist-related development in the countryside that are linked to historic assets which would benefit the economy of the area. As such, the principle of this type of development would be acceptable within this location, providing the precise details of the development comply with other specific local and national planning policies and guidance, in particular relating to design; landscape impacts; heritage; amenity; highway safety; ecology, carbon savings and biodiversity; contamination; occupancy and drainage.

 

Design, Appearance and Impact on the Countryside

 

10.7     Policy CP3 a) supports development that promotes the efficient use of land. Policy CP4 3a) states that proposals should not impact adversely on the character of the landscape. Policy CP12supports development that conserves and enhances the plan area’s natural assets. This is reflected in paragraph 187 of the NPPF. Policy CP13 supports schemes that provide high quality design, and this is reflected in paragraph 135 of the NPPF. 

 

10.8     The two proposed timber cabins (2.55H x 2.35mW x 9.5mL) would be clad in a timber tile, in a natural muted wood stain with dark grey fenestration and would accommodate 2 people each. The cabins and the timber tiling would continue to the roof by virtue of the cabin’s rounded top. They would sit on a timber sleeper raft, atop the ground with no undergrounding into the field and so could be removed without trace. Each cabin would have an associated sauna which would match the cabin in design and materials (2.53mH x 2.4mW x 2.4mL). It is recommended that the colour of the timber tiling be conditioned so as to ensure minimal impact upon the surrounding landscape. Each cabin would have an associated sauna, matching the cabin in design and materials (2.53m high x 2.4m wide x 2.4m long). The submitted drawings indicate a flue to the rear of each sauna. Given that this is an external feature with the potential to affect the visual appearance of the development, it is recommended that details of its external finish are secured by condition to ensure it assimilates appropriately into the surrounding landscape.

 

 

 

 

 

10.9     Associated infrastructure would include the siting of drainage tanks for all wastewater. Specifically, 2 x “Tuff Tanks” would be located next to each cabin. These low-profile tanks would require no excavation and would be sat upon a membrane, atop the ground. It is proposed to screen the tanks with planting. To ensure they have minimal visual impact, a condition ensuring their precise location is recommended as part of any approval. Power and fresh water would be supplied to both cabins via armoured/ insulated cabling/piping. This would be discreetly placed and run along the north of the site, to ensure it would not be visible from outside of it. The applicant has confirmed that it would be a similar system to that which provides water to livestock troughs in agricultural fields. A condition securing its route and precise details of construction is recommended as part of any approval.

 

10.10   The parking area provides 2 car parking spaces to NYC standard size and an area allowing cars to turn and exit the site in a forward gear. A membrane and supporting grid system would be used to protect the ground and allow for grass to grow through it. Access to each hut would be made by foot via bark pathway with protective membrane. Native screening/planting is proposed along the north extremities of the site, just south of the existing tree line. On the southern border with the nearby dwellings, native hedge planting is proposed along and existing fence line. To ensure the appropriateness of the proposed landscaping/ car parking and pathways, a condition securing a landscaping plan and landscaping management plan are recommended as part of any approval.

 

10.11   The proposed cabins, saunas and parking area are of a thoughtful design and mostly natural material pallet. Where materials, such as metal flues are to be used, their colours and materials are to be muted via condition. The water storage tanks will be screened. All interventions are design to be overgrounded with a ‘no dig’ philosophy and so the land could be returned to its original state quickly and without damage. Structures are to be located to the far north of the site, on the mature tree line and so their appearance within the field and as part of the landscape would be partially screened and muted. Furthermore, given the land rises to the north and then dips down to the proposed hut locations, their overall scale would be significantly reduced, making it very difficult to see them from the nearest public vantage point, Scurrah House Lane. Higher vantage points of the scheme would be seen from first floor rear windows of two residential dwellings. The applicant has considered this, along with the overall impact of the scheme, proposing planting/screening, to further mitigate any negative impact.

 

10.12   A Public Right of Way (PROW) is located north of the site, running north south from Middleton Tyas, it bears left/ to the east and then south into the Moulton. At its closest point, the path would come within approximately 50 of the northwestern part of the site where the densest part of the woodland/tree line is located. Beyond that would be located one of the two cabins. Given the partially sunken nature of the cabin’s location, its muted materials and its location beyond the woodland area, it is unlikely that direct views of this cabin could be made from the PROW. The cabin to the west of the site is located much further from the PROW, being approximately 95m from its nearest point. Given its distance, the natural materials and natural screening, obtrusive views of the cabin are unlikely.

 

10.13   The scheme proposes the use of minimal lighting, specifically one low power light would be used to light the door of each cabin. It would be directional and pointed away from neighbouring dwellings. It would be motion activated to reduce its actual operation to a minimum. It is also proposed to provide lighting to pathways using solar powered lights. Specific details of these lights have not been submitted and so as to ensure their impact on the landscape is minimal, it is recommended that a lighting scheme is conditioned as part of any approval.

 

10.14   Whilst the buildings, pathways and the car parking area would be partially seen in the landscape, their unobtrusive design and locations would not be significantly harmful and with the application of the recommended conditions, would not be contrary to the expectations of Policies CP3, CP4, CP12 and CP13 of the Local Plan and the above referenced NPPF paragraphs.

 

Impact on Neighbours

 

10.15   Policy CP3 1c) supports proposals that protect amenity. Policy CP4 states that proposals should not cause significant adverse impact on amenity. These polices are reflect in paragraph 135 f) of the NPPF. Concerns have been raised by some residents over noise and light.

 

10.16   The scheme proposes the use of minimal lighting and is discussed in paragraph 10.10 above.

 

10.17   The cabins are to be located at least 60m north of the nearest dwelling, other than Ironstone, which, given their nature as small holiday cabins with a maximum occupancy of two people each, is considered acceptable in terms of their potential effects upon residential amenity. The proposed screening and the lie of the land would further reduce any potential impact. The Authority’s Environmental Health officers have been consulted on amenity issues and have raised no objection, noting that, on the basis of no more than two units being present on site at any one time and subject to good site management, the development should not result in any serious negative impact. To ensure acceptable levels of neighbour amenity are maintained, particularly in respect of noise, a condition securing a noise management plan is recommended as part of any approval.

 

10.18   Taking into account the above, the proposals meet the expectations of Policies CP3 and CP4 with regards to residential amenity and the above paragraphs of the NPPF.

 

            Access and Parking Arrangements

 

10.19   Policy CP3 1c) supports proposal that promote the safety of the population. Policy CP4 3e) states that schemes should not cause significant adverse impact on highway safety. This is reflected in paragraph 116 of the NPPF which 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”. The application proposes that the existing access to the site will be utilised. Some local residents have raised concern over an increase and danger to traffic. Given the capacity of the development, being designed for two cars maximum at any one time and a total of four guests, there is very unlikely to be any significant increase in a danger to the highway. The Local Highway Authority has considered the application’s appropriateness in term of highway safety and traffic numbers and has raised no objections. They have required conditions ensuring the parking and turning arrangements are implemented as per the plans and before the first use of the development. They have also requested a condition securing vision splays, to ensure the safety of the highway.

 

10.20   Taking into account the above, the proposal meets the expectations of Policies CP3 and CP4 of the Local Plan and paragraph 116 of the NPPF in this regard.

 

            Heritage

 

10.21   Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that special attention is paid in the exercise of planning functions to the desirability of preserving and enhancing the character and appearance of a Conservation Area.

 

10.22   Policy CP12 sets out that development will be supported where they conserve and enhance the significance of the plan area’s natural and man-made, designated or undesignated assets. Development will not be supported which: a. has a detrimental impact upon the significance of a natural or man-made asset; and b. is inconsistent with the principles of an asset’s proper management.

 

10.23   Policy CP12 goes on to stats that those elements (historic assets) which contribute to the significance of the heritage assets across the Plan area will be conserved and, where appropriate, enhanced.

 

10.24   Paragraph 207 of the NPPF states that in determining applications, local planning authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting. The level of detail should be proportionate to the assets’ importance and no more than is sufficient to understand the potential impact of the proposal on their significance. As a minimum the relevant historic environment record should have been consulted and the heritage assets assessed using appropriate expertise where necessary. Where a site on which development is proposed includes, or has the potential to include, heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment and, where necessary, a field evaluation.

 

10.25   Paragraph 208 of the NPPF states authorities should identify and assess the particular significance of any heritage asset, including their asset, that may be affected by a proposal taking account of the available evidence and any necessary expertise .Paragraph 210 goes on to require that local planning authorities should take into account the desirability of sustaining and enhancing the significance of heritage assets, the contribution that conservation can make to sustainable communities, and the desirability of new development making a positive contribution to local character and distinctiveness.

 

10.26   Paragraph 212 of the NPPF states that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. Any harm to, or loss of, the significance of a designated heritage asset should require clear and convincing justification.

 

10.27   Paragraph 213 of the NPPF states that any harm to, or loss of, the significance of a designated heritage asset (from its alteration or destruction, or from development within its setting), should require clear and convincing justification. Substantial harm to or loss of assets of the highest significance, notably scheduled monuments, should be wholly exceptional.

 

10.28  The site lies near to, but outside of, the Moulton Conservation Area, with intervening modern housing largely preventing views of the site from within it. The proposal would therefore not be experienced in the context of the Conservation Area and would not harm its character or appearance. Accordingly, it is considered that the development preserves the character and appearance of the Conservation Area, in accordance with the statutory duty under Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and Policy CP12 of the Local Plan. Having regard to the above, and in line with the requirements of the NPPF, it is considered that the significance of this heritage asset has been appropriately assessed and that the proposal would result in no harm.

 

 

 

10.29  The proposal site is located within an area of a Scheduled Monument, the Moulton Neolithic henge, medieval settlement, field system and moated site. The application site lies in a portion of the Scheduled Monument that contains the remainder of the core of the settlement and remains of the field system.

 

10.30  Initially the application did not include a Heritage Impact Assessment, and this was highlighted in initial comments from the Authority’s Archaeologist and English Heritage. A subsequent Heritage Impact Assessment was completed by Moor and Vale Heritage. This report includes a detailed description of the significance of the Scheduled Monument and the contribution made by their setting, proportionate to the assets’ importance.

 

10.31 As the site has archaeological interest, along with the desk-based assessment, a field evaluation has also been carried out that plots and interprets the visible archaeological remains.

 

10.32  The Authority’s Principal Archaeologist has been reconsulted on the Heritage Impact Assessment and has confirmed that the locations of the proposed holiday lodges have been chosen to avoid the most sensitive and complex areas of earthworks. It also states that there will be no ground disturbance and that the lodges will be set on sleepers, access tracks limited to mown routes and all services to be laid above ground. The proposal should therefore have a minimal impact on the archaeological remains. The report goes on to recommend that, to mitigate any potential physical impacts, the works should be undertaken under archaeological supervision, with additional measures provided to prevent damage during the construction phase. The Principal Archaeologist agrees with this recommendation and a condition securing archaeological supervision is therefore recommended. Having regard to the above, and in particular the ‘no-dig’ approach, above-ground construction methods and avoidance of sensitive earthworks, the proposal is considered to result in no harm to the significance or the setting of the Scheduled Monument. The proposal therefore accords with Policy CP12 of the Local Plan and the relevant provisions of the NPPF, including paragraphs 207, 208, 210, 212 and 213.

 

10.33  Having been reconsulted, Historic England have confirmed that the recently submitted Heritage Impact Assessment fully addresses the concerns expressed in their previous advice letter and, provided that the works are undertaken in the manner described, they raise no objection to the development proposal on heritage grounds. They have advised that Scheduled Monument Consent will also be required in addition to any planning permission before works can commence. Historic England consider that the application satisfies the requirements of the NPPF, including paragraph 207. Having regard to the above, and as set out in the assessment, the proposal would result in no harm to the significance of the Scheduled Monument.

 

10.34   The applicant has satisfied the requirements of paragraph 207 of the NPPF, enabling the Authority to assess the significance of the asset and the impact of the proposal. As set out above, the development would result in no harm to the significance or the setting of the Scheduled Monument. Taking the above into account, it is considered that the proposal accords with Policy CP12 of the Local Plan and the relevant provisions of the NPPF, including paragraphs 207 and 210.

 

Foul Drainage and surface water

 

10.35   The site is located within Flood Risk Zone 1, the lowest probability of flooding from rivers and the sea. The proposal represents a more vulnerable use; however, based on the available evidence, including flood mapping, the site is not identified as being at risk from other sources of flooding such as surface water, groundwater or drainage. On this basis, it is not considered that a site-specific Flood Risk Assessment is required in this instance. The proposal is therefore considered to accord with the requirements of the NPPF and Planning Practice Guidance in respect of flood risk.

 

10.36   The proposal adopts a ‘no-dig’ approach to utilities, with foul drainage provided via above-ground tank systems adjacent to each cabin. Based on the submitted details, this approach is considered feasible and acceptable in principle, subject to detailed design being secured by condition. The rafted foul drainage containers adjacent to each cabin would sit atop the ground on a membrane. The capacity and appropriateness of the chosen system has been advised by the British Water Code of Practice for Flows and Loads and matches its criteria with capacity for redundancy. The applicant has submitted a scheme for their operation and management. Wastewater is to be collected by vacuum pump tanker, which would locate at the turning head within the site and piped out by the operator on foot. It is recommended that a condition securing this scheme and management strategy is condition as part of any approval. The applicant has advised that she is content to present a scheme for disposal of foul drainage to the Council as a condition of the grant of planning permission, together with a maintenance strategy. The application states that surface water will be directed to an existing water course, a scheme for which can be dealt with by condition and so it recommended as part of any approval. This would meet the expectations of Policy CP3 of the Local Plan.

 

 

Renewable Energy Provision – Climate Change Mitigation

 

10.37   Policy CP2 expects development to make carbon savings and adapt to climate change through design, construction and layout of buildings and associated open spaces.

Paragraph 161 of the NPPF supports the transition to a low carbon future via the uses of renewable and low carbon energy. No specific details have been submitted for renewable energy provision or enhancement over Part L of Building Regulations at this stage, however, if planning permission is granted, then there would be a requirement for the applicant to provide details of proposed carbon savings/climate change mitigation measures in association with the proposals. These steps would accord with the expectations of Policy CP2 of the Local Plan and paragraph 161 of the NPPF in this regard subject to a condition requiring an Energy Strategy be submitted to and approved in witing by the Local Planning Authority.

 

            Trees

 

10.38   Local Policy CP3 supports application that promotes the protection of biodiversity. Local Policy CP12 supports development that conserves and enhances the significance of the plan area’s natural assets. Paragraph 187 of the NPPF states that planning policies and decisions should contribute to and enhance the natural and local environment. Trees on site are not formally protected by a tree preservation order and are not within a designated conservation area. The location and no dig nature of the huts and infrastructure means that root protection zones of trees will not be harmed. There are also no trees to be removed as part of the scheme. This accords with the expectations of Policies CP3 and CP12 of the Local Plan and paragraph 187 of the NPPF.

 

            Ecology

 

10.39 Local Policy CP3 supports development that protects and enhances biodiversity, whilst Policy CP12 supports development that conserves and enhances the significance of the plan area’s natural assets. Paragraph 187 of the NPPF requires planning policies and decisions to contribute to and enhance the natural and local environment, including by protecting biodiversity and minimising impacts on habitats and species. A Preliminary Ecological Appraisal has been submitted, which demonstrates that appropriate surveys have been undertaken. The Authority’s Ecologist has reviewed the submission and raises no objection, subject to the implementation of the avoidance and mitigation measures set out within the report, which can be secured by condition. On this basis, it is considered that the proposal would adequately protect biodiversity interests and accords with Policies CP3 and CP12 of the Local Plan and paragraph 187 of the NPPF.

 

            Occupancy

 

10.40 Policy SP3 seeks to ensure appropriate forms of development in rural areas to support sustainable communities, which is reflected in paragraph 82 of the NPPF. Whilst year-round use of the site is proposed, the location would not represent a suitable or sustainable location for permanent residential occupation. It is therefore necessary to impose a planning condition to restrict the use of the lodges to holiday accommodation only, preventing their use as permanent residential dwellings. In this instance, given the scale and nature of the development, it is not considered necessary or reasonable to impose a seasonal restriction requiring the site to close for part of the year. Subject to the imposition of an occupancy restriction, the proposal is considered to accord with Policy SP3 of the Local Plan and paragraph 82 of the NPPF.

 

            Land Contamination

 

10.41   Policy CP3 expects development proposals to provide an appropriate risk assessment and remediation strategy that addresses any issues of land contamination. This is reflected in Paragraph 196 of the NPPF. Environmental Health have considered the proposal from a contamination perspective and have no objections. Conditions securing a Risk Assessment and any supplementary investigations is recommended as part of any approval. This accords with the expectations of Policies CP3 of the Local Plan and paragraph 196 of the NPPF.

 

            Biodiversity Net Gain

 

10.42   Core Policy CP3 (e) of the Local Plan supports development that promotes the quality of natural resources, including biodiversity with CP4 setting out that development should not lead to the loss of, or adverse impact on, or cause deterioration of biodiversity. Part 15 of the NPPF seeks to ensure that developments protect and mitigate harm to biodiversity interests, and where possible, improve them. Planning Permissions in England are deemed to be granted subject to the general Biodiversity Gain Condition as set out by Schedule 7A, paragraph 13 of the Town and County Planning Act 1990 (TCPA) as amended by Schedule 14, Part 2, paragraphs 13,14 and 15 of the Environment Act 2021. This is a pre-commencement condition, in such circumstances where applications are made valid on or after 12th Feb 2024.

 

10.43   A Biodiversity Net Gain (BNG) Assessment and metric have been submitted as part of the scheme which demonstrate that the development is capable of incorporating more than the required 10% net gain for biodiversity (10.54%). This will be delivered on site, via the planting of hedgerow. The Proposed Development will create a gain in hedgerow units and improvement of the grassland. Once a Biodiversity Gain Plan (BGP) is finalised and has been submitted and approved via the statutory deemed condition, the approved habitat plan (that accompanies the BGP) cannot then be amended. A Habitat Monitoring and Management Plan (HMMP) will need to accompany the BGP when submitted to demonstrate how those habitats retained, enhanced and created will be managed to target condition for a period not less than 30 years. Having been consulted on the submitted scheme, the NYC Ecologist accepts the findings. The proposed BNG would allow the scheme to comply with the expectations of CP3 and CP4 of the Local Plan and the NPPF.

 

            Fire Safety

 

10.44   Policy CP3 sets out support will be given for sustainable development which provides safety of the population.

 

10.45   Paragraph 8 of the NPPF sets out Achieving sustainable development means that the planning system has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways; one of which is a social objection. Specifically fostering safe places, amongst other requirements. This safety requirement is duplicated at paragraphs 96 and 102 if the NPPF.

 

10.46   Concerns in relation to fire safety and emergency access were raised the Parish Council during the course of the application. In particular, these concerns relate to the suitability of access arrangements for emergency vehicles, having regard to the nature of the site and its layout. Environmental Health also highlighted the applicant’s responsibility to apply for an appropriate caravan site licences, highlighting site licencing requirements.

 

10.47   Due to the above concerns North Yorkshire Fire & Rescue Service were consulted. They set out the non-planning duties on fire safety. There were no objections raised.

 

10.48   In response, the applicant submitted a detailed Building Regulations Part B5 (Access and Facilities for the Fire Service) statement. This sets out a range of fire safety measures intended to mitigate the site’s constraints, including measures that go beyond the standard minimum requirements typically expected for fire service access.

 

10.49   The submitted information has subsequently been reviewed by the Fire and Rescue Service, who have confirmed that they raise no objections or observations in respect of the proposed development on fire safety grounds following consideration of the additional mitigation measures.

 

10.50   Having regard to this consultee response, it is considered that matters relating to fire safety and emergency access have been satisfactorily addressed. Furthermore, it is noted that fire safety requirements are primarily controlled under separate Building Regulations legislation, and the Local Planning Authority may reasonably rely on the advice of the consultee in this instance. On this basis, no adverse weight is attributed to this issue in the planning balance; nor conflict found with Policy CP3 or the relevant paragraphs of the NPPF.

 

            The Public Sector Equality Duty 

 

10.51   There is a requirement for the Council to show that it has complied with the statutory duty under Section 149 of the Equality Act 2010 to have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics are age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex and sexual orientation. There is no reason why the proposed development would prejudice anyone with the protected characteristics as described within this paragraph.

 

 

11.0     PLANNING BALANCE AND CONCLUSION

 

11.1     The proposed development seeks the change of use of land to holiday use and the installation of two small, low-impact timber holiday cabins with associated saunas and infrastructure. The application has been amended several times to address matters relating to heritage, design, drainage, ecology, access, fire safety and residential amenity. Taken as a whole, the proposal is considered to constitute a modest form of rural tourism development which is consistent with the relevant policies of the Local Plan and the National Planning Policy Framework, in particular Policies SP3, CP8 and CP10 of the Richmondshire Local Plan and paragraphs 88–89 of the NPPF.

 

 

 

11.2     The principle of development is considered acceptable. Local Plan policies that support rural diversification, sustainable tourism and small-scale economic activity are accorded with, in particular Policies SP3, CP8 and CP10. National policy also encourages sensitively designed rural tourism uses, including those that promote understanding of the historic environment, as set out in paragraphs 88–89 of the NPPF. Officers therefore consider that the scheme accords with the relevant strategic planning principles.

 

11.3     No permanent residential use is proposed. An occupancy restriction forms part of the recommended conditions to ensure that the cabins operate as holiday accommodation only and officers consider it does not conflict with strategic housing policies, including Policy SP3 of the Local Plan and paragraph 82 of the NPPF.

 

11.4     Although the cabins and associated structures will be visible within the wider landscape, their modest scale, use of natural timber cladding, and careful siting in the northern part of the site ensure that their visual impact is limited. Conditions relating to materials, landscaping and lighting form part of the recommended conditions and will further mitigate any effects. The proposal is therefore considered to accord with Policies CP3, CP4, CP12 and CP13 of the Local Plan and paragraphs 135 and 187 of the NPPF.

 

11.5     It is not considered that the development would result in significant adverse effects on neighbour amenity. Adequate separation distances exist, and the topography and proposed planting provide screening. A noise management plan is secured through the recommended conditions. The proposal therefore accords with Policies CP3 and CP4 of the Local Plan and paragraph 135(f) of the NPPF.

 

11.6     External lighting will be limited and is controlled through the recommended lighting condition. The Highway Authority raises no objections to the access and parking arrangements, which are proportionate to the scale of the development and secured through conditions. The proposal is therefore considered to comply with Policies CP3 and CP4 of the Local Plan and paragraph 116 of the NPPF.

 

11.7     Foul drainage arrangements are secured through the recommended conditions, with all infrastructure located above ground to avoid disturbance to the Scheduled Monument. Surface water drainage is likewise controlled through condition, including details of management and maintenance. Subject to these controls, the proposal accords with Policy CP3 of the Local Plan and the relevant provisions of the NPPF relating to sustainable drainage.

 

11.8     Tree protection is achieved through the ‘no-dig’ approach. Renewable energy measures and carbon reduction details are secured through a condition requiring the submission of an Energy Strategy and additional landscaping is secured through condition. These conditions form part of the recommended conditions and ensure that the proposal accords with Policies CP2, CP3 and CP12 of the Local Plan and paragraph 161 and paragraph 187 of the NPPF.

 

 

11.9     Ecological survey work confirms that biodiversity interests can be adequately protected. The Authority’s Ecologist raises no objection subject to mitigation measures secured by condition. The proposal also delivers biodiversity net gain in excess of the statutory 10% requirement, which will be secured through the statutory biodiversity gain condition and associated management plan. The proposal therefore accords with Policies CP3 and CP4 of the Local Plan and the relevant provisions of the NPPF.

 

11.10   In relation to heritage, the submitted Heritage Impact Assessment and supporting survey work demonstrate that the development avoids sensitive archaeological remains and would result in no harm to the significance of the Scheduled Monument. Conditions securing archaeological supervision form part of the recommended conditions. The proposal therefore accords with Policy CP12 of the Local Plan and the relevant provisions of the NPPF, including paragraphs 207 and 210.

 

11.11   Fire safety has been addressed through the submission of a detailed B5 Access Statement, which identifies mitigation measures to address the constraints of the site. The Fire and Rescue Service raises no objections to the proposal. Matters relating to fire safety are also controlled under separate Building Regulations. On this basis, and having regard to the consultee response, the proposal is considered to accord with Policy CP3 of the Local Plan and the relevant provisions of the NPPF.

 

11.12   Overall, officers consider the proposal accords with the Spatial Principles and Core Policies of the Richmondshire Local Plan Core Strategy and with the relevant sections of the National Planning Policy Framework. Subject to the recommended planning conditions and the separate requirement for Scheduled Monument Consent, the development is considered acceptable, and the planning balance weighs firmly in favour of approval.

 

 

12.0     RECOMMENDATION

 

12.1.    Recommend that Full Planning Permission be GRANTED subject to the conditions listed below.

 

 

Recommended conditions:

 

Condition 1 Time limit

The development hereby permitted shall be begun within three years of the date of this permission.

Reason: To comply with the provisions of Section 51 of the Planning and Compulsory Purchase Act 2004.

Condition 2 Approved Plans

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

a)   application form and certificates

b)   site Location plan 

c)   Biodiversity Net Gain Assessment dated 9/12/24

d)   Design & Access Statement 

e)   Lighting and Noise Impact Assessment

f)    Preliminary Ecological Appriasil and Roost Assessment 21/3/25

g)   Landscape and Cabin Management Plan

h)   Landscape visual impact assessment

i)     Biodiversity Metric Calculation

j)     Cabin specification – M4P Model 4 Panorama

k)   Heritage Impact Assessment – April 2025

l)     Visibility Splays information sheet

m)  Tuff tank specification sheet.

n)   Waste Management and Drainage Infrastructure information sheet – 14th April 2025

o)   Cabin and Sauna visualization

p)   Public benefit study

q)   Education Strategy sheet

r)    As Proposed Holiday Cabin Scheme site layout – Drawing no. 1 rev. b

s)   B5 Access Statement Version 3 uploaded to file 12th May 2026

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.

Pre-Commencement / any further works

 

Condition 3 Colour treatments (Approval required)

No colour treatment shall be used in the construction of the external surfaces of the cabins, saunas and the approved sauna flues hereby permitted until details of such colour treatments have first been submitted to and approved in writing by the Local Planning Authority.

Only the approved colour treatments shall thereafter be used.

 

Reason: In the interests of the appearance of the proposed development.

 

Condition 4 Flue details (Approval Required)

 Prior to the erection or installation of any flues, full details of the flues shall be submitted to and approved in writing by the Local Planning Authority. Once approved the development should be carried out in accordance with these details before the scheme is brought into use.

 

Reason: In the interests of the appearance of the proposed development.

 

Condition 5 Contamination – (Approval required)

 

Prior to the commencement of development, a Phase 1 assessment shall be submitted to and approved in writing with the Local Planning Authority. The report shall detail the risks posed by contamination and shall be carried out in line with the Environment Agency’s Procedures for Land Contamination Risk Management (LCRM). This shall comprise a desk study, a site walkover, and a conceptual site model, with the findings compiled in a Phase 1 report. The report will also include recommendation for further surveys and/or remediation as necessary for human and environment safety from contamination. The results of a Phase 1 assessment will determine if further investigation is required; the following must then be complied with.

A. Phase 2 – Site Investigation

If contamination is suspected, as part of the Phase 1 investigation, no development shall be commenced until a Phase 2 assessment of the risks posed by contamination, carried out in line with the Environment Agency’s Procedures for Land Contamination Risk Management (LCRM), has been submitted to and approved in writing by the Local Planning Authority.

 

B. Remediation and Verification

Prior to commencement of development, a detailed remediation scheme, if required by a Phase 1 or 2 assessment to bring the site to a condition suitable for the intended use (by removing unacceptable risks to human health, buildings and other property and the natural and historical environment), shall be prepared and is subject to the approval in writing of the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

The remediation scheme will ensure that the Scheduled Monument is not harmed, or that is very minor where harm cannot be avoided.

 

C. Verification of Remedial Works

Prior to first occupation or use, the approved remediation scheme shall be carried out in accordance with its terms and a verification report submitted that demonstrates the effectiveness of the remediation undertaken; this is subject to the approval in writing of the Local Planning Authority

 

Reason: To mitigate risks posed by land contamination to human health, controlled water and wider environmental receptors on the site (and in the vicinity) during development works and after completion.

 

Condition 6 Reporting Unexpected Contaminated Land (Compliance approval required if triggered)

If contamination is found to be present or suspected at any time during the development that was not previously identified all works shall cease and the local planning authority shall be notified in writing immediately. No further works (other than approved remediation measures) shall be undertaken, or the development occupied until an investigation and risk assessment carried out in accordance with the Environment Agency’s Land Contamination: Risk Management (LCRM), has been submitted to and approved in writing by the local planning authority. Where remediation is necessary a scheme for the remediation of any contamination shall be submitted and approved by the Local Planning Authority before any further development occurs. The development shall not be occupied until the approved remediation scheme has been implemented and a verification report detailing all works carried out has been submitted to and approved in writing by the local planning authority.


Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property, and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours, and other offsite receptors.

 

Guidance - Development on Land Affected by Contamination, Technical Guidance for Developers, Landowners and Consultants; Yorkshire and Lincolnshire Pollution Advisory Group.
Development on Land Affected by Contamination v12.2 July 2023 (northyorks.gov.uk)

 

Condition 7 Ecology (compliance)

The development shall only be carried out in accordance with the recommendations (including the timing of such works) specified in the hereby approved Preliminary Ecological Appriasil and Roost Assessment 21/3/25

 

Reason: This condition is necessary to ensure that ecology and biodiversity present on and around the application site are given adequate protection and mitigation measures forming part of the approved scheme are implemented in full as part of the development.

 

Condition 8 Biodiversity Gain Plan Implementation and Habitat Management (Approval Required)

Prior to the commencement of development, a scheme for the implementation of the approved Biodiversity Gain Plan (BGP), including a Habitat Management and Monitoring Plan (HMMP), shall be submitted to and approved in writing by the Local Planning Authority.

The scheme shall include:
a) a non-technical summary of the biodiversity proposals;
b) the roles and responsibilities of the person(s) or organisation(s) responsible for implementation, management and monitoring;
c) details of the habitat creation and enhancement works to be carried out in accordance with the approved BGP;
d) a programme for the implementation and completion of the biodiversity enhancement measures;
e) details of the management and maintenance measures to be implemented for a period of not less than 30 years from completion of the habitat creation and enhancement works;
f) details of the monitoring methodology, frequency, reporting arrangements and submission of monitoring reports to the Local Planning Authority.

The scheme as approved shall be implemented in full in accordance with the approved details and programme.

The Local Planning Authority shall be notified in writing within 28 days of the completion of the development (including the completion of habitat enhancement works).

 

Reason: To ensure the proper implementation, management and monitoring of biodiversity net gain measures in accordance with Schedule 7A of the Town and Country Planning Act 1990.

Condition 10 Archaeological supervision and reporting (Compliance and approval required)

Notification of the commencement of works on site shall be submitted to the Local Planning Authority in writing 7days prior.

 

The construction works shall be carried out under the archaeological supervision of (a member of the MCIfA) to allow for the precise siting of each cabin to ensure that it avoids archaeological features. The supervising archaeologist shall brief any contractors on the significance of the Scheduled Monument and establish routes for plant, movement of materials etc and provide additional protection such as matting where required.

 

The works shall be stopped in the case of inclement weather when additional rutting and vehicle damage is most likely to occur. The monitoring archaeologist shall document the process and demonstrate compliance with the condition with the preparation of a short, illustrated report to be submitted to and approved by the Local Planning Authority prior to first occupation of the development hereby approved.

 

Reason:  This condition is imposed in accordance with Section 16 of the NPPF as the site is of the highest archaeological significance.

 

Pre-Occupation

Condition 11 Visibility Splays (Compliance)

There shall be no access or egress by any vehicles between the highway and the application site until splays are provided giving clear visibility of 43 metres measured along both nearside channel lines of Scurragh House Lane from a point measured 2.4 metres down the centre line of the access. In measuring the splays, the eye height must be 1.05 metres, and the object height must be 0.6 metres.

 

Once created these visibility splays shall be maintained clear of any obstruction and retained for their intended purpose at all times.

 

 

Reason: In the interests of highway safety.

Note: Achieving the required visibility splay to the east may require the existing village nameplate to be moved. If this is the case, then please contact the Highway Authority to arrange for this. The cost involved will need to be met by the applicant.

 

Condition 12 Parking for cabins (Compliance)

No cabin shall be occupied until the related parking area has been constructed in accordance with the details as shown on Drawing Number 1 Revision b.

 

• Any gates or barriers must not be able to swing over the existing Public Highway.

 

• The final surfacing of the parking area within 2 metres of the boundary with the Public Highway must not contain any loose material that is capable of being drawn on to the Public Highway.

 

• Details of any measures necessary to prevent surface water from the parking area discharging onto the existing Public Highway must be agreed with the Planning Authority in consultation with the Highway Authority before work starts on site. The measures should then be constructed in accordance with the approved details and maintained thereafter to prevent such discharges.

 

Once created the parking area must be maintained clear of any obstruction and retained for its intended purpose at all times.

 

Reason: To provide for adequate and satisfactory provision of off-street accommodation for vehicles in the interest of safety and the general amenity of the development.

 

Condition 13 Landscaping (Approval required)

Prior to first occupation of the development a detailed landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include boundary treatments, pathway locations/ treatments, hard landscaping specifications for plants (planting plans; written specifications; schedules of plants, noting species, plant sizes and proposed numbers/densities when planted), planting and installation schedule/timetable and maintenance details.

 

The landscaping and boundary treatment shall seek to improve biodiversity of the site.

 

The boundary treatments and landscaping shall thereafter be installed and planted in accordance with the approved schedule/timetable. The boundary treatments, pathways shall be retained and maintained in perpetuity unless replaced like for like.

 

All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out no later than the first planting and seeding seasons following the development being brought into use or the completion of the development (whichever is the sooner); and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

 

Reason: To ensure a satisfactory landscaping and boundary treatment scheme of delivered.

 

 

Condition 14 Lighting (approval required)

Prior to first occupation of the development here approved, details of external lighting shall be submitted to and approved in writing by the Local Planning Authority. All lighting shall be shielded to prevent glare or any threat to highway safety or detriment to amenity.  All lighting fixtures shall be installed at an angle to prevent light emitting directly above the horizontal plane unless otherwise first agreed in writing by the Local Planning Authority. Only such approved external lighting shall be installed and shall be operated in accordance with the approved details.

 

Reason: In the interest of amenity.

 

Condition 15 Part L Energy (approval required)

Prior to first occupation of the development hereby approved, an Energy Strategy shall be submitted to and approved in witing by the Local Planning Authority. The Energy Strategy shall detail measures to result in meaningful improvement over Part L of Building Regulations. The development will then be built entirely in accordance with the approved Energy Strategy and any technologies incorporated maintained and retained in perpetuity unless replaced with equipment which has high sustainability credentials such as being more energy efficient.

 

Reason: To ensure the proposal is sustainable and to meet the requirement of Policy CP2 of the Richmondshire Local Plan 2012-2028 Core Strategy adopted 2014. 

 

Condition 16 Foul Water and Surface Water (Approval required)

No part of the scheme hereby permitted shall be occupied until a drainage scheme for foul and surface water from the site has been submitted to and approved in writing by the local planning authority. This shall include a management and maintenance scheme. The drainage scheme shall be designed to prevent and where this is not possible, reduce harm to the Schedule Monument within the site.

 

The drainage scheme shall be delivered in full in accordance with the approved details prior to first occupation/use of the development hereby approved. Thereafter the drainage scheme shall be retained, managed and maintained for the lifetime of the development in accordance with the approved management and maintenance plan.

 

Reason for Condition: To prevent pollution of the water environment and to protect heritage assets. 

 

 

Condition 17 Power and freshwater provision (Approval required)

Prior to first occupation/use of the development hereby permitted, and prior to any works to provide electricity, gas, oil or potable water to the development, a scheme to deliver power and fresh water to the cabins and saunas shall be submitted to and approved in writing by the local planning authority. The delivery system shall be completed in full prior to first use/occupation of the development and thereafter retained, managed and maintained for the lifetime of the development in accordance with a management and maintenance plan which shall be submitted to and approved in writing by the local planning authority. 

 

The scheme shall be designed to prevent and where this is not possible, reduce harm to the Schedule Monument within the site.

 

Reason for Condition: To ensure safe operation of the site and to protect heritage assets.  

 

 

Condition 18 Occupancy (compliance)

The holiday cabins and site hereby permitted shall not be occupied at any time other than for holiday accommodation purposes. No individual or group shall occupy any lodge for more than 42 consecutive days and thereafter shall not return before 30 days has elapsed.

The owners/operators shall maintain an up-to-date register of the names and main home addresses of all owners/occupiers of the holiday accommodation and shall make this information available within 7 days of any request made by the Local Planning Authority. The register shall include current, scheduled/booked and past visitors for the previous and preceding 24 months.

 

Reason: The application site is not a sustainable location for residential properties and would not accord with Policies SP2, SP3, SP4 or CP4 of the Richmondshire Local Plan 2012-2028 Core Strategy 2014 nor paragraph 82 of the National Planning Policy Framework 2023.12.

 

Condition 19 Noise Management

Prior to the first use of the development hereby approved, a Noise Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The approved plan shall thereafter be implemented for the lifetime of the development.

 

The plan shall include the following:

Reason: To safeguard the amenities of nearby residents in accordance with the relevant policies of the Development Plan.

 

 

 

Informatives

 

Caravan Licence

If planning approval is granted, the occupier of the land will be required to obtain a Caravan Site Licence under the provisions of the Caravan Sites and Control of Development Act 1960. This will be issued subject to certain conditions being met.  The applicant will need to contact our Regulatory Support Team on Regsupport@northyorks.gov.uk to obtain the necessary advice and guidance. Further information can also be found on our website: www.northyorks.gov.uk

 

Emergency access roads and spacing of cabins

The Caravans (Cabins) will be required to fully meet Site Licence Conditions regarding emergency access roads to reach all units on the site and spacing distances from the site boundaries.  If this is not achievable the applicant will need to seek further guidance from the North Yorkshire Fire & Rescue Service. The applicant will need to contact our Regulatory Support Team on Regsupport@northyorks.gov.uk to obtain the necessary advice and guidance. Further information can also be found on our website: www.northyorks.gov.uk

 

Scheduled Monument Consent

 Scheduled Monument Consent will also be required in addition to any planning approval before works can be commenced.

 

 

Target Determination Date: 10/7/26

Case Officer: Jonathan Smith, jonathan.smith1@northyorks.gov.uk