Owners of Grade-II listed Yorkshire Dales hall told garden they have used since 2003 is 'unlawful' and actually agricultural land

Businessman Alastair Wellock and his wife Josephine bought Calton Hall, near Skipton, in 2003 and have used an enclosed area of land to the south of the property as a garden ever since, though it was described in the sale particulars at the time as a 'magnificent lawned paddock'.

However, the Yorkshire Dales National Park Authority has now refused a certificate of lawful development for a change of use from agricultural into domestic land.

As part of the planning application, the Wellocks submitted photographs proving that they had played family cricket games on the land in question and argued that they had planted flowers in the garden - only for planning officers in a report to describe the positioning of daffodils as 'somewhat random'.

In a decision letter sent to the couple, who have the right to appeal, the Authority said: "Insufficient evidence has been provided to demonstrate that on the balance of probabilities the land has been continuously used as a domestic garden in association with Calton Hall for more than 10 years before the date of the application (20 April 2022)."

A lengthy planning officers' report, which recommended refusal, included evidence from a 68-year-old local man whose family had occupied the hall prior to the Wellocks and who testified that it had been a 'domestic lawn' for the duration of his familiarity with the property.

The report asserts that the land is grass-mown and enclosed by drystone walls, and is used for parties and family events.

The Wellocks' family photographs of the garden in use for 'games and activities' dated from 2005 and 2006.

The report cites the Town and Country Planning Act 1990, which states that no enforcement action can be taken for a breach of planning control more than 10 years after it occurred - in the case of Calton Hall, April 2012. The Wellocks maintained that the land had been a garden for nine years before the alleged breach and had never been used for agricultural purposes during their ownership.

The report continues: "For the land the subject of this application to be considered domestic garden, it must now (and for the preceding 10 years) form one planning unit with the house (and front garden). It must also have the appearance and function of serving and being incidental to the enjoyment of the dwelling house.

"It should be noted that historically, Calton Hall benefitted from a rear garden to the north and a small, enclosed garden area directly south of the principal elevation. This garden area was enclosed by a curved fence and wall. Whilst it is not clear when the fence and wall were removed, photographs from 1983 onwards indicate that it was no longer in situ.

"The applicant has demonstrated that the land has been regularly mown and used on occasion for family events and recreational activities. However, that does not suggest a level of domestic activity sufficient to change the character of the land. For example, family events may be held/spill over onto adjoining agricultural land within the same ownership without that land being treated as garden. Similarly, children might play football in a field next to the house, but that does not make it part of the garden.

"Whilst there are several daffodil beds within the application site, they comprise a very small element of the land and are arranged in a somewhat random manner. The presence of daffodils is not sufficient to materially influence the character of the site as agricultural land. There appear to be no other features that would be considered characteristic of a domestic garden (e.g. borders, patio area). Tellingly, the sales particulars submitted by the applicant referred to the site as ‘lawned paddock’ (not part of the domestic garden).

"It is noteworthy that the aforementioned daffodils were in situ at this point. Whilst this reference is reportedly from 2003, no evidence has been submitted to demonstrate that the character of the site has changed significantly between 2003-2018. An aerial photograph of the site from June 2018, obtained by the Authority from Google Earth, indicates that the land to the south of the dwelling was bounded on its western side by a traditional drystone wall with field gate.

"Photographs attached to a pre-application enquiry dated August 2018 show the ha-ha (a typically domestic feature), which had historically been sited to the west and north of the property, had by then been extended into part of the southern enclosure, but much of the drystone wall and field gate are still visible in the background. An aerial photograph of the site from April 2020, obtained by the Authority from Google Earth, indicates that the drystone wall to the southern enclosure was completely replaced, with the field gate removed.

"The ha-ha had been extended considerably by this point, entailing significant raising of ground levels on its eastern side, obscuring archaeological earthworks which were previously evident and creating a level lawn area. This photograph also shows, for the first time, stone steps between the southern enclosure and the small, planted area to its south-east. It appears that considerable alterations have been carried out, largely from 2018 onwards, to the enclosure to the south of Calton Hall. The present extent of the ha-ha and terraced lawn does not reflect the previous, more agricultural use and character of this enclosure, and has resulted in a much more domestic character to this land."

The report concludes: "Insufficient evidence has been submitted to demonstrate that on the balance of probabilities the enclosure to the south of Calton Hall has been continuously used as a domestic garden for a 10-year period between April 2012 and April 2022. Evidence obtained by the Authority, namely aerial images of the site, also appears to contradict the applicant’s claim that the enclosure has been used as a domestic garden for the relevant period. Whilst there has clearly been some domestic activity within the enclosure and the grass appears to have been regularly mown, this level of activity does not suggest a material change of use from agriculture to domestic garden.

"Whilst the enclosure now has a more domestic character and appearance, much of the work necessary to achieve this was completed from 2018. Prior to that, the enclosure exhibited a more agricultural character (e.g. historic boundary wall, field gate and undulating surface) consistent with its historic use."

Calton Hall has medieval origins and was the birthplace of the English Civil War general John Lambert, though it later passed through several other families. It was remodelled into a farmhouse in the 18th and 19th centuries.