# Land north of Helm Lane, Mill Bank, Sowerby Bridge (rural worker dwelling)

- **Decision:** dismissed, 3 September 2026
- **Decided by:** Planning Inspector: Chris Mayes
- **Authority:** Calderdale (Yorkshire and the Humber)
- **Appeal reference:** 6008062
- **Application reference:** 25/00736/FUL
- **Procedure:** written-representations
- **Development:** Temporary rural worker's dwelling on a smallholding
- **Homes:** 1
- **Site context:** green-belt, open-countryside, isolated, rural-lane
- **Green Belt:** yes (grey belt not-argued)
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** GB6(1), GB6(2), HO11(1)(a), TR3
- **Development plan policies:** Calderdale Local Plan 2023 GB1, HS1, IM4, IM5, BT4, CC3
- **Main issues:** inappropriate development, openness, suitable location, rural worker need, highway safety, drainage, VSC
- **Tags:** rural-worker-dwelling, ho11, isolated-home, openness-harm, vsc-not-shown, sustainable-location-fail

## Summary
A temporary rural worker's dwelling on a smallholding in the Calderdale Green Belt. The appeal was dismissed. The dwelling fell within no GB7 exception. No essential need under HO11(1)(a) was shown. The site was isolated and car-dependent, and the access and drainage were unsatisfactory. Limited-weight benefits did not clearly outweigh the harm.

## Issues and findings
- **Transition.** The appeal was decided under the 2026 Framework. The parties had already addressed rural worker, outside-settlement and Green Belt matters, so there was no prejudice (DL ¶2).
- **GB6: INAPPROPRIATE.** "While I accept that the proposal would support the operation of the existing smallholding, it would nevertheless provide residential accommodation" (DL ¶5). It would "not fall within any of those exceptions" (DL ¶6).
- **Openness: harm.** "openness is not solely a matter of visibility … the proposal would add built form where none currently exists" (DL ¶7).
- **HO11(1)(a): FAIL.** Lambing and farrowing are "intermittent and seasonal in nature" (DL ¶13). On expansion: "the issue before me is not whether further expansion may be desirable or achievable, but whether the evidence demonstrates an essential need" (DL ¶15).
- **Location / TR3.** "Future occupants would be heavily reliant on the private car … a residential use would also generate its own travel demands" (DL ¶11).
- **Highways and drainage.** Both conflicted with the plan (DL ¶20, ¶22).

## Planning balance
GB6(2) VSC. Limited weight went to the rural enterprise, livestock welfare, temporary status and security (DL ¶25). On the other side were substantial Green Belt harm, plus location, highway and drainage harm. The considerations "do not clearly outweigh the harm" (DL ¶29).

## What made the difference
There is no GB7 category for agricultural or rural-worker dwellings, since GB7(1)(a) covers buildings for agriculture, not homes. A rural worker dwelling in the Green Belt therefore needs VSC, and without HO11 essential-need evidence the justification collapses. Robust functional-need evidence (frequency of out-of-hours intervention, why existing arrangements fail) would have been needed to build VSC.

## Transferable points
- A rural worker's dwelling is residential accommodation, not an agricultural building, and is inappropriate in the Green Belt (DL ¶5-6).
- A temporary dwelling still harms spatial openness: "openness is not solely a matter of visibility" (DL ¶7).
- HO11(1)(a) essential need must be shown on the current enterprise, not on expansion plans (DL ¶15).
- Saving management trips does not offset the new travel demand a dwelling creates (DL ¶11).

## Policy findings
- **GB6(1): fail (substantial weight).** temporary rural worker dwelling falls within none of the GB7 exceptions → inappropriate (DL 5-6)
- **GB6(2): harm (substantial weight).** new building where none exists reduces spatial openness, and to lesser degree visual openness, despite screening (DL 7)
- **HO11(1)(a): fail.** no essential need for rural worker to live permanently at or near holding; lambing/farrowing intermittent and seasonal; theft isolated; expansion aspirations not current need (DL 12-16)
- **TR3: harm.** isolated location, heavily reliant on private car; residential use generates its own trips despite fewer management journeys (DL 11)
- **LP BT4: conflict.** constrained access with restricted visibility on narrow Helm Lane (DL 18-20)
- **LP CC3: conflict.** foul drainage and potable water supply not demonstrated (DL 21-22)

## Key facts
- Isolated smallholding outside any settlement, next to an existing agricultural building
- Evidence of livestock losses and theft, but no objective data on how often intervention is needed
- Dwelling would be temporary; that attracted only limited weight

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008062
- https://appeal-planning-decision.service.gov.uk/published-document/8f9e5c19-d8cd-4ee9-a750-b9c90a1de16d

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008062.html

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