North Burton Hall, Hunmanby Road, Burton Fleming

appeal 6006422·East Riding of Yorkshire·14 September 2026allowed
Decision
allowed, 14 September 2026
Decided by
Planning Inspector: F Cullen
Authority
East Riding of Yorkshire (Yorkshire and the Humber)
Appeal reference
6006422
Application reference
25/01754/PLF
Procedure
written representations
Development
Retrospective installation of a biomass boiler and 10 m flue in an outbuilding attached to a Grade II listed farmhouse
Site context
settlement edge, listed building setting
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
S5(1)(a), HE6(4), CC2(2), W3(1)(a), P3, DM7(1), DM3(1)(e)
Development plan policies
East Riding Local Plan Update 2020-2039 (April 2025) ENV1, ENV3, ENV6
Main issues
living conditions - emissions; listed building setting; character and appearance

Summary

A retrospective biomass boiler and 10 m flue in an outbuilding attached to the Grade II listed North Burton Hall, on a working farm at the edge of Burton Fleming. Refused by the Council on emissions and heritage grounds. Allowed on appeal. Residents' smoke photographs and consumer PM2.5 readings were not robust enough, the Council's own Environmental Control Team and the EA raised no objection, and a straw-only fuel condition would deal with any harm. The flue causes "very low" harm to the Hall's significance. That harm is outweighed by the low-carbon heating benefit, which carries substantial weight under CC2(2) and W3(1)(a) and is expressly an "important public benefit" under HE6(4). The S5(1)(a) balance is passed.

Issues and findings

Planning balance

The HE6(4) heritage balance comes first. "Policy HE6(4) of the Framework confirms that enabling energy efficiency and low carbon heating measures to be employed is an 'important public benefit' in heritage terms. In addition, Policy CC2(2) requires substantial weight … Similarly, Policy W3(1a) requires substantial weight" (DL ¶59). The very low harm is outweighed (DL ¶61). The S5 balance follows: the site is outside development limits, the development falls under S5(1)(a) ("agriculture or infrastructure (including energy)"), and the "effects do not substantially outweigh the benefits" (DL ¶¶57, 62). The development plan conflict is outweighed by material considerations (DL ¶63).

What made the difference

The new Framework's explicit weighting of low-carbon heating, as an HE6(4) "important public benefit" and substantial weight under CC2(2) and W3(1)(a), against harm that was only "very low" because the flue sits on a subordinate outbuilding rather than the principal building. On emissions, the Council offered no data of its own, its specialist officers did not object, and residents' evidence was anecdotal. With an independent air-quality study showing exceedances, or with the flue fixed to the principal listed building, the result could have been different.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
P3(2)(c)passPM2.5 concerns considered but residents' monitor readings and photos lacked baseline, conditions and independent monitoring; ECT and EA no objection (DL 10-18)
DM3(1)(e)passeven if harm had been shown, a straw-only fuel condition would mitigate it (DL 19)
DM7(1)passassume separate regulatory regimes (EA permitting, nuisance) operate effectively (DL 17, 47)
HE5(2)harmdegree of harm identified as "very low" to Grade II Hall - flue disrupts hierarchy between Hall and outbuilding (DL 29, 34-35, 42)
HE6(1)harmconsiderablesubstantial weight to conservation and considerable importance and weight to harm; "clear and convincing justification" (EA flue-height requirement) (DL 37, 43)
HE6(4)benefitlow-carbon heating is an "important public benefit" in heritage terms; outweighs very low harm (DL 59, 61)
HE6 (Grade II* Church of St Cuthbert)neutralsetting preserved - separation, very limited intervisibility, no evidence of emissions affecting fabric (DL 38-40)
CC2(2)benefitsubstantialenergy efficiency / renewable heat for existing buildings (DL 59)
W3(1)(a)benefitsubstantialtransition to net zero (DL 59)
S5(1)(a)passoutside development limits; "development for agriculture or infrastructure (including energy)"; adverse effects do not substantially outweigh (DL 57, 62)
HC4not-engagedCouncil's reliance rejected - policy concerns community facilities and public health developments (DL 45)
E2(1)(b), E4not-engagedappellant did not show business growth benefit (DL 60)
ERLP ENV1, ENV3conflictlimited harm to character and appearance and heritage harm; conflict with plan outweighed by material considerations (DL 41, 63)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.