- Decision
- allowed, 2 October 2026
- Decided by
- Planning Inspector: David Smith
- Authority
- Yorkshire Dales National Park Authority (North West)
- Appeal reference
- 6013634
- Application reference
- S/08/23
- Procedure
- written representations
- Development
- Barn (14 m x 8 m packing shed with 8 photovoltaic panels), two polytunnels (8 m x 30 m and 5 m x 8 m), grasscrete paving, composting toilet, compost bins and a 10,000 litre water tank for an existing market garden
- Site context
- national park, open countryside, rural lane, listed building setting
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- N4(1), TR6(4), S5(1)(a), E4(1)(d)
- Development plan policies
- Yorkshire Dales National Park Local Plan CP1, CP2, CP6, CP8, CP9, AC3, E2
- Main issues
- National Park landscape character; highway safety at the existing access
Summary
A market garden in the Yorkshire Dales National Park sought a packing barn, two polytunnels and associated infrastructure. The inspector found the modest, hedge-screened buildings would have an insignificant effect on the Park's landscape, and that the existing access, although well below normal visibility standards, would not have an unacceptable impact on highway safety given the low level of movements. Policies E4 and S5 supported the horticultural use. Allowed with conditions.
Issues and findings
- Transition. No switch paragraph. The letter cites the Framework by 2026 policy code.
- National Park, N4(1): PASS. "it is reasonable to expect that agricultural or horticultural uses would have buildings associated with them in order that they can function" and "the effect on the landscape value of the Park would be insignificant" (DL ¶6). The proposal would meet the N4 expectation that development be limited in scale and sensitively located and designed (DL ¶9).
- Design, DP3: ACCORD. The buildings "would be integrated with their surroundings in line with Policy DP3 of the Framework" (DL ¶7).
- Highway safety, TR6(4): PASS. "the likely low level of movements and the characteristics of the lane mean that the danger of collisions is acceptably small" (DL ¶12). "As the proposal would not have an unacceptable impact on highway safety it does not fall within the type of development that should be refused in line with the Framework." (DL ¶13).
- Principle, S5(1)(a) and E4. "Framework Policy S5 also establishes that development for horticulture is one of the forms of development outside settlements that should generally be approved" (DL ¶16). On securing the business benefits: "that is always likely to be the case for any commercial venture" (DL ¶17).
Planning balance
Plan-led. No S5(1) balance was run, because no harm was found: "The proposal would conform to the development plan and there are no material considerations which indicate that a decision should not be made in accordance with it." (DL ¶22).
What made the difference
The buildings were small, agricultural in character and sited behind a dense hedge, and the access was already in use by the business. The Authority produced no evidence of risk at the access, and the appellant's points on low speeds and light traffic went unchallenged. A new access, a larger or more exposed group of buildings, or evidence of speeds and flows on the lane could have produced a different result.
Transferable points
- In a National Park, modest agricultural or horticultural buildings are expected features of a farmed landscape and can meet N4(1) where they are well sited (DL ¶6-9).
- A substandard visibility splay does not by itself make the impact on highway safety unacceptable under TR6(4): the existing use of the access, the likely level of movements and the character of the lane are all relevant, and the authority must evidence the risk (DL ¶10-13).
- S5(1)(a) covers horticultural development outside settlements, and E4 names polytunnels and domestic food production (DL ¶16).
- A local policy requiring removal of rural enterprise buildings when no longer needed cannot reasonably be applied to a permanent barn (DL ¶19).
- Uncertainty over whether business benefits will last is not a reason to discount them (DL ¶17).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| N4(1) | pass | substantial weight to conserving natural beauty stated (DL 3); modest farm buildings behind a dense roadside hedge are limited in scale and sensitively located; effect on the landscape value of the Park insignificant (DL 6-9) | |
| DP3(1) | accord | buildings integrated with their surroundings "in line with Policy DP3" (DL 7) | |
| TR6(4) | pass | existing access with splays of no more than 2.4 m x 15.2 m, well below normal standards; trips already made by the business; very light flows and low speeds unchallenged; no evidence of risk; not development that should be refused (DL 10-13) | |
| S5(1)(a) | pass | horticulture is one of the forms of development outside settlements that should generally be approved (DL 16); no separate S5(1) balance run | |
| E4(1)(d) | benefit | farm viability and domestic food production, with specific reference to polytunnels; broad support for rural business favours the scheme (DL 16-17) | |
| BNG (Sch 7A TCPA) | neutral | PPG says it is generally inappropriate to refuse on the biodiversity gain objective; metric points to be resolved through the gain plan (DL 14) | |
| DM6 | neutral | mapped: local policy E2 removal condition applied to the polytunnels and other infrastructure but not the permanent barn, following PPG on reasonableness (DL 19) | |
| s38(6) | accord | proposal conforms to the development plan (DL 22) |
Key facts
- Site in the Lune Valley Landscape Character Area (LCA4) of the Yorkshire Dales National Park; land used as a market garden since 2024 (DL 4-5)
- Buildings sited behind and alongside a dense boundary hedge; close views only at the entrance; no long-distance views identified (DL 7-8)
- Access from the C5079 with visibility of no more than 15.2 m at a 2.4 m set back in either direction; consolidation on site said to reduce off-site vehicle movements (DL 10, 12)
- Environment Agency gauging station on the land also generates trips (DL 10)
- Setting of Grade II listed Killington New Bridge not adversely affected, as accepted by the Authority (DL 15)
- Authority's concern that benefits to the business cannot be secured long term rejected as true of any commercial venture (DL 17)
- Conditions, removal of the polytunnels when no longer needed (barn excluded) and control of external lighting for dark skies; no fixed lumen limit and no construction-hours condition (DL 19-21)
- No switch paragraph; the Framework is cited by 2026 policy code (DP3, E4, S5)
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.