Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision Site Visit made on 27 April 2021 by S Witherley CIHCM MRTPI Decision by Chris Preston BA (Hons) BPl MRTPI an Inspector appointed by the Secretary of State Decision date: 15th October 2021 Appeal Ref: APP/M4510/W/21/3266254 Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne NE3 5EQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Mr and Mrs Mark and Siobhan Webster against Newcastle Upon Tyne City Council. • The application Ref 2020/1340/01/DET, is dated 9 September 2020. • The development proposed is Erection of Dwelling House (use class C3). Decision 1. The appeal is dismissed and planning permission for the proposed erection of dwelling house (use class C3) is refused. Appeal Procedure 2. The site visit was undertaken by an Appeal Planning Officer whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal. 3. It was noted that not all consultees and third parties comments were provided by the Council.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision These were sought at my request and given full consideration in the determination of this appeal. As part of that process, it also became apparent that the Council did not notify all interested parties of the appeal, as is required. Accordingly, the Council were requested to carry out this consultation, providing all parties with the opportunity to comment on the appeal. All subsequent comments were taken into consideration in the determination of this appeal. Main Issues 4. The appeal has been made against the failure of the Council to give notice of its decision within the prescribed time period. The Council has provided with its appeal submissions a copy of an officer’s report dated 1 April 2021, which sets out that, had the Council been in a position to determine the planning application, planning permission would have been refused on the grounds that: 1.The height, volume and spread of development at the site would result in visual and spatial harm to the openness of the Green Belt, contrary to NPPF and CS19. 2. The height, volume, mass, materials and design of development would harm the character, appearance, amenity and local landscape, contrary to https://www.gov.uk/planning-inspectorate

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision Appeal Decision APP/M4510/W/21/3266254 the NPPF, Newcastle Character Assessment, Policy CS14, CS15, CS18 and DM20. 3. The single aspect, sunken north facing bedrooms would not provide a good standard of daylight, sunlight, and outlook, contrary to Policy CS14, CS15 and DM23. 5. The main issues, therefore, are: • Whether the proposal would be inappropriate development in the Green Belt having regard to the revised Framework and any relevant development plan policies; • The effect on the openness of the Green Belt; • The effect of the proposal on the character and appearance of the area; • The effect of the proposal on the living conditions of the future occupiers of the development, having regard to light and outlook; • Would the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal. Reasons 6. The appeal site sits within the Tyne and Wear Green Belt. It comprises of a number of buildings which include stables, storage areas, hardstanding and paddock area. The existing buildings are sited towards the southern part of the site and cover its entire width.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision Passing through one of the outbuildings the site opens out into a paddock area which is bounded on all sides by a mix of timber fencing and hedging. Whether inappropriate development 7. The existing structures on the site would be removed and replaced with a new dwelling with subterrain basement, lower courtyard, vehicle parking and a new access. The proposed development would in part be located along the eastern part of the site which would result in a significant portion of the undeveloped paddock area being developed upon. 8. Paragraphs 143-145 of the Framework state that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Substantial weight should be given to any harm to the Green Belt and “very special circumstances” will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. Subject to a number of exceptions, the construction of new buildings should be regarded as inappropriate in the Green Belt. 9.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision The appellant has contended that the proposed development would accord with the exception set out in paragraph 145 (g) of the Framework and would not therefore be inappropriate development. This section refers to the acceptability of limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings). This is subject to the development not having a greater impact on the openness of the Green Belt than the existing development, or not causing https://www.gov.uk/planning-inspectorate 2

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision The appellant has contended that the proposed development would accord with the exception set out in paragraph 145 (g) of the Framework and would not therefore be inappropriate development. This section refers to the acceptability of limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings). This is subject to the development not having a greater impact on the openness of the Green Belt than the existing development, or not causing https://www.gov.uk/planning-inspectorate 2

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision Appeal Decision APP/M4510/W/21/3266254 substantial harm to the openness of the Green Belt, where the development would re-use previously developed land and contribute to meeting an identified affordable housing need within the area of the local planning authority. 10. In this instance, the redevelopment of the appeal site would fall to be assessed in the context of the partial or complete redevelopment of previously developed land, in continuing use, subject to not having a greater impact on the openness of the Green Belt. Whilst the Council consider that chicken sheds on the site are temporary structures, I did not observe any temporary structures on the site at the time of my site visit. Therefore, I do not consider that any of the existing buildings on the site are regarded as temporary, or that the proposal seeks to meet an identified affordable housing need within the area. 11. Whilst I accept that parts of the site, where the existing structures are located are considered as previously developed land, the remainder of the site, which comprises the open paddock area, does not appear to be previously developed land but amounts to undeveloped pasture land. 12.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision The appellant has calculated the existing floor area of the stables and outbuildings to be 187 sqm with the proposed dwelling above ground level to be 105 sqm. However, this calculation does not appear to include the floor area of the subterrain level or the lower courtyard. The Council have calculated the overall floor area taken up by the proposed development to be 288 square metres, this calculation includes those areas omitted by the appellant. Clearly there is conflict between the parties on this matter, however, as the Council’s calculations are inclusive of all areas of the proposed development and, I have no evidence which disputes these calculations, I shall proceed on the basis of these figures. As such, the overall proposed development would appear to result in a development that would have an overall larger footprint of approximately 100 square metres greater than the existing floor area. 13. Having regard to the overall scale and siting of the development, it is evident that the proposal would involve the redevelopment of land outside of that which could be considered previously developed.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision This is because the proposed dwelling would take up a substantial amount of the open paddock area to the east of the site and also an area in the centre of the site to accommodate the proposed hard landscaping for the lower courtyard. This in combination with the proposed location of the new dwelling would have a greater impact on the openness of the Green Belt than the existing development. 14. On this basis, the exception set out in paragraph 145 (g) of the Framework is not applicable to the site as a whole. From the available evidence, it is also clear to me that none of the other exceptions in the Framework and the development plan are applicable to the development. 15. Even if I were to agree with the appellant that the site was previously developed land it would be necessary for the scheme to have no greater impact on openness of the Green Belt than the existing development in order to meet the limitations of paragraph 145(g). The development would encroach on the paddock area to the east and centre of the appeal site and this would result in a significant portion of the open paddock area being replaced by the proposal.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision This would have a detrimental effect on the openness of the area and would be extenuated by the overall mass and height of the proposal which would result in a significant loss of openness in both spatial and visual terms. https://www.gov.uk/planning-inspectorate 3

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision This would have a detrimental effect on the openness of the area and would be extenuated by the overall mass and height of the proposal which would result in a significant loss of openness in both spatial and visual terms. https://www.gov.uk/planning-inspectorate 3

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision Appeal Decision APP/M4510/W/21/3266254 16. Furthermore, I do not agree with the appellant that the subterrain level and associated lower courtyard would not have an impact on openness as the central part of the paddock area would need to be removed to accommodate these areas. As such the overall scale of the whole development in its entirety is to be considered in the context of its impact on openness. The development would therefore reduce openness through the extension of the built form into the open paddock area. 17. The proposal would also create a domestic garden area and this along with the proposed residential use would lead to domestic paraphernalia being located in this area, further reducing openness. Moreover, the visual openness that would arise from the reduction in building mass between the parking area located to the west of the site and the proposed dwelling would be lessened by the parking of vehicles on the site. Overall, the scale of the built form, its location and the effect of associated parking and domestic use would have a greater visual and physical impact, across a greater portion of the site than the modest structures which currently occupy the land. 18.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision Consequently, even if I were to find that the development could be defined as redevelopment of previously developed land, whether redundant or in continuing use, it would be inappropriate development because it would have a greater impact on the openness of the Green Belt than the existing development. 19. I note the suggestion from the appellant that permitted development rights could be removed to enable the openness of the Green Belt to be preserved. However, as I have found that the appeal proposal would have a greater effect of the openness of the Green Belt than the existing development, even without further extensions or alterations, I give no weight to this point. 20. In addition, as a result of the proposal being built on previously undeveloped land, the development would result in the encroachment of development into the countryside. In this respect, the proposal would conflict with the purposes of including land within the Green Belt asset out in paragraph 134 of the Framework, which include safeguarding the countryside from encroachment.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision I therefore find that the proposal conflicts with Policy CS19 of the Planning for the Future Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne (2015) (CS) and policies in the Framework that protect the Green Belt. Character and appearance 21. The appeal site sits adjacent to a pair of stone built semi-detached dwellings with traditional hipped roofs. To the east of these is Salters Lane and a more urban landscape comprising of residential and commercial units. 22. The neighbouring pair of semi-detached properties mark the gateway into Heathery Lane and beyond these properties the open countryside. An established hedge row runs the length of Heathery Lane and this together with the low lying and visually unobtrusive buildings associated with the appeal site and those opposite, attribute to the open and rural character of the area. 23. The existing structures on site are modest and the use of the site in connection with the keeping of horses and other animals does not conflict with the countryside location or the purposes of the Green Belt. The proposed dwelling https://www.gov.uk/planning-inspectorate 4

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision Appeal Decision APP/M4510/W/21/3266254 with subterrain basement would be sited with its long axis running north to south which would be in contrast with the existing structures on the site and, also that of the neighbouring properties, which run east to west. This contrast would also be compounded as a result of the proposal’s height, pitched roof and use of metal cladding upon the roof. Despite the existing vegetation surrounding parts of the appeal site, intermittent views of the proposal would still be made possible from various points along Heathery Lane. Consequently, its juxtaposed siting, height, massing and use of materials would result in a development that would appear as an incongruous and dominant feature in this open and rural setting. 24. I recognise that careful thought has been given to the design of the dwelling which, setting aside the context, would be an attractive modern structure. However, in my view, the design and appearance would not outweigh the harm that would arise as a result of the scale of the proposal and the visible incursion of the residential use into the countryside setting. 25.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision The proposal would therefore harm the character and appearance of the area and as such does not accord with Policies CS14, CS15, CS18 of CS and Policy DM20 of the Development and Allocations Plan (2020) (DAP) which all seek new development to contribute positively to the existing character and appeance of an area. Living Conditions 26. As a result of the orientation along with the sunken position of the rooms located in the lower floor, the proposal would, in my opinion, have limited access to natural daylight and sunlight. Therefore, harm would arise as a result of the limited light into these lower rooms and also from the limited outlook afforded to the occupiers as a result of the proposal’s design and layout. The proposal would therefore give rise to harm to the living conditions of the future occupiers of the development, having regard to light and outlook. Consequently, it would not comply with Policies CS14, CS15 of the CS and DM23 of the DAP which seek developments to provide a high-quality environment for future occupants of dwellings. Other Considerations 27. The appellant has noted that there is an extant planning permission on the site for a dwelling.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision Details of this planning permission were sought at my request. The Council found the previously approved scheme to accord with the exception set out in paragraph 145 (g) of the Framework, and therefore considered it not inappropriate development. Be that as it may, having regard to that previous approved scheme and the one before me, there are significant differences between the two in terms of siting (including the extent of development on the undeveloped paddock), design, scale, massing and materials. The proposals are not directly comparable and therefore the extant planning permission on the site does not carry any weight in support of this appeal. 28. The appellant has referenced a number of appeals decisions and has provided a brief synopsis of these. I have not, however, been provided with any details of the case or the Inspector’s decision letters. I cannot therefore determine on the basis of the evidence submitted whether there are any comparisons with these and the development proposal and its site-specific circumstances. In any https://www.gov.uk/planning-inspectorate 5

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision Appeal Decision APP/M4510/W/21/3266254 event, each appeal is to be determined on its individual merits, as is the case here where my recommendation is based on the very specific circumstances of the site, the extent of existing development, and the surrounding . I have therefore attached no weight to these previous decisions in my assessment of this proposal. 29. The Council have noted that the proposal would in terms of highway access, and ecology would be acceptable in principle and with conditions would be considered acceptable. I have no reasons to disagree with their assessment on these matters. However, all development would be expected to comply with such requirements and the absence of harm in those respects does not amount to a positive consideration in favour of the scheme. 30. A number of third parties have provided comments in support of the proposal. I have given full consideration to these comments, which discuss, amongst other things, the design and sustainability credentials of the proposal.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision As noted above, the design of the dwelling has some architectural merit and the proposal has been carefully designed with sustainable construction in mind with features such as rainwater harvesting, air source heat pumps and photovoltaic cells on the roof. That design amounts to a positive feature in support of the scheme. However, whilst those features are commendable, such technology is becoming more common in new build housing and I find nothing particularly innovative in the approach. Having regard to that, and the fact that the proposal is only for a single dwelling, the weight that I attach to the sustainable design is limited. Whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations 31. I have identified that the scheme would amount to inappropriate development in the Green Belt, and the presumption against inappropriate development means that this harm alone attracts substantial weight. The development would also have an adverse effect on the openness of the Green Belt and would result in harm by way of encroachment into the countryside. The development would therefore be contrary to the purposes of the Green Belt as set out in the Framework.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision In accordance with paragraph 148 of the Framework I am required to give substantial weight to any harm to the Green Belt. 32. The proposal would also result in an adverse effect on the character and appearance of the rural setting and also have an adverse effect on the living conditions of future occupiers in terms of light and outlook. The harm in those respects adds to the weight associated with the harm to the Green Belt. 33. Whilst there would be no adverse impacts on ecology or highway access, the absence of harm does not amount to a positive benefit and I give no weight to those matters. For the reasons given I attach positive but limited weight to the sustainability credentials of the scheme. However, having regard to the above, these benefits do not clearly outweigh the harm I have identified. Consequently, the very special circumstances necessary to justify inappropriate development in the Green Belt have not been demonstrated and the scheme would conflict with local and national policy. This provides a clear reason for refusing planning permission. Conclusion and Recommendation https://www.gov.uk/planning-inspectorate 6

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Appeal Decision Appeal Decision APP/M4510/W/21/3266254 34. For the reasons given above and having had regard to all other matters raised, it is recommended that the appeal should be dismissed, and planning permission is refused.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — S Witherley APPEAL PLANNING OFFICER Inspector’s Decision 35. I have considered all the submitted evidence and the Appeal Planning Officer’s report and, on that basis, I agree with the recommendation and shall dismiss the appeal and refuse to grant planning permission for the proposed development.

Site adjoining 2 Heathery Lane, Street Record, Heathery Lane, Newcastle upon Tyne, NE3 5EQ — Newcastle Upon Tyne City Council — Chris Preston INSPECTOR https://www.gov.uk/planning-inspectorate 7